Sort of like the rules and flags posted by the beach access or the rules by the condo pool - they are on vacation they don't want to think about rules. I have been told this numerous times by renters.
Led away in Handcuffs
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BeachSiO2,
Earlier, you mentioned that the TDC funding comes from bed tax, yada, yada, yada, and that the TDC places trash recepticals on all of the beaches (I believe that is what you said, but please correct me if I'm wrong.)
According to the Florida Constitution, it "prohibits the use of public funds for a private purpose." Since bed taxes serve to maintain the public's beaches and accesses to the beaches and Bay, wouldn't those funds be considered, "public?" I still maintain that the trash cans maintained by the TDC are public, and by the FL Constitution, are illegal for use on private property. If the the TDC is obeying the laws, the beaches, upon which the TDC trashcans are placed, must be "public."
I await your reply.
Earlier, you mentioned that the TDC funding comes from bed tax, yada, yada, yada, and that the TDC places trash recepticals on all of the beaches (I believe that is what you said, but please correct me if I'm wrong.)
According to the Florida Constitution, it "prohibits the use of public funds for a private purpose." Since bed taxes serve to maintain the public's beaches and accesses to the beaches and Bay, wouldn't those funds be considered, "public?" I still maintain that the trash cans maintained by the TDC are public, and by the FL Constitution, are illegal for use on private property. If the the TDC is obeying the laws, the beaches, upon which the TDC trashcans are placed, must be "public."
I await your reply.
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BeachSiO2,
Earlier, you mentioned that the TDC funding comes from bed tax, yada, yada, yada, and that the TDC places trash recepticals on all of the beaches (I believe that is what you said, but please correct me if I'm wrong.)
According to the Florida Constitution, it "prohibits the use of public funds for a private purpose." Since bed taxes serve to maintain the public's beaches and accesses to the beaches and Bay, wouldn't those funds be considered, "public?" I still maintain that the trash cans maintained by the TDC are public, and by the FL Constitution, are illegal for use on private property. If the the TDC is obeying the laws, the beaches, upon which the TDC trashcans are placed, must be "public."
I await your reply.
SmilingJoe - ALL TAXES ARE CONSIDERED PUBLIC FUNDS.
So it sounds like you are suggesting that the TDC is in violation of the Florida Constitution, or, that the beaches, where the TDC trash recepticals are placed, are for public use. Is that correct?
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BeachSiO2,
Earlier, you mentioned that the TDC funding comes from bed tax, yada, yada, yada, and that the TDC places trash recepticals on all of the beaches (I believe that is what you said, but please correct me if I'm wrong.)
According to the Florida Constitution, it "prohibits the use of public funds for a private purpose." Since bed taxes serve to maintain the public's beaches and accesses to the beaches and Bay, wouldn't those funds be considered, "public?" I still maintain that the trash cans maintained by the TDC are public, and by the FL Constitution, are illegal for use on private property. If the the TDC is obeying the laws, the beaches, upon which the TDC trashcans are placed, must be "public."
I await your reply.
I think someone from the TDC may have said their funding comes from bed taxes etc. but I would agree that is my understanding also. Specifically, for the TDC, I would check with them about whether or where and what they should be spending their funds on the trash cans since I don't work there.
On the issue regarding public funds for private purposes regarding trash pick-up. Is not the trash picked up at my house by waste management a use of public funds for private purposes? Waste management is paid for through taxes also.
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That is a fair question. Waste Management is not contracted to provide all property owners with garbage cans, yet the TDC is purchasing and erecting trash cans on property which is considered private, according to some deeds. The collection of the garbage would be a different issue.
Good point also, but not so fast
. Two things I can see: health and safety, and ownership. It is my understanding that the TDC is the county agency the County Commission has charged with keeping all the beaches clean. In order to do that effectively, they probably can't go and stop and pick up every piece of trash. As has been pointed out by many people (including you ;-) ), the trash accumulates on the beach even though the TDC cleans it. Since trash knows no boundaries and it will blow around and go into the water floating offshore and to other beaches, a more time effective and efficient solution is to install trash cans.In the city I grew up, they provide trash cans that you must use and maintain that continue to belong the property of the City. Since the beach trash cans still belong to the County then there has not been a trash can "given" to a private individual. The TDC has just made it easier on themselves to do their work.
It's my understanding from some old timers prior to the TDC it was the road crew who maintained the beaches
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Maybe this will clear some things up. It was a surprise to me. I called the TDC and frankly ask them why public money was being use for private gain. I was given this state statue 01250104 Tourist Development Tax. - Here's the link.
http://www.leg.state.fl.us/statutes...ourist+development+tax&URL=CH0125/Sec0104.HTM
BTW - I pay Waste Management 67.00 per quarter for garbage pick up.
Good link, maybe SJ will summarize it for us ;-), I run from statues.
As for the $67.00/quarter from WM, is that sowal or norwal. I am confused. I have lived here for years and never gotten a bill from them. Don't tell them though ;-)
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Here, I think this is what we are looking for:
(5) AUTHORIZED USES OF REVENUE.--
(a) All tax revenues received pursuant to this section by a county imposing the tourist development tax shall be used by that county for the following purposes only:
1. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or promote one or more publicly owned and operated convention centers, sports stadiums, sports arenas, coliseums, or auditoriums, or museums that are publicly owned and operated or owned and operated by not-for-profit organizations and open to the public, within the boundaries of the county or subcounty special taxing district in which the tax is levied. Tax revenues received pursuant to this section may also be used for promotion of zoological parks that are publicly owned and operated or owned and operated by not-for-profit organizations and open to the public. However, these purposes may be implemented through service contracts and leases with lessees with sufficient expertise or financial capability to operate such facilities;
2. To promote and advertise tourism in the State of Florida and nationally and internationally; however, if tax revenues are expended for an activity, service, venue, or event, the activity, service, venue, or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue, or event to tourists;
3. To fund convention bureaus, tourist bureaus, tourist information centers, and news bureaus as county agencies or by contract with the chambers of commerce or similar associations in the county, which may include any indirect administrative costs for services performed by the county on behalf of the promotion agency; or
4. To finance beach park facilities or beach improvement, maintenance, renourishment, restoration, and erosion control, including shoreline protection, enhancement, cleanup, or restoration of inland lakes and rivers to which there is public access as those uses relate to the physical preservation of the beach, shoreline, or inland lake or river. However, any funds identified by a county as the local matching source for beach renourishment, restoration, or erosion control projects included in the long-range budget plan of the state's Beach Management Plan, pursuant to s. 161.091, or funds contractually obligated by a county in the financial plan for a federally authorized shore protection project may not be used or loaned for any other purpose. In counties of less than 100,000 population, no more than 10 percent of the revenues from the tourist development tax may be used for beach park facilities.
(b) Tax revenues received pursuant to this section by a county of less than 750,000 population imposing a tourist development tax may only be used by that county for the following purposes in addition to those purposes allowed pursuant to paragraph (a): to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or promote one or more zoological parks, fishing piers or nature centers which are publicly owned and operated or owned and operated by not-for-profit organizations and open to the public. All population figures relating to this subsection shall be based on the most recent population estimates prepared pursuant to the provisions of s. 186.901. These population estimates shall be those in effect on July 1 of each year.
(c) The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds issued by the county for the purposes set forth in subparagraphs (a)1. and 4. or for the purpose of refunding bonds previously issued for such purposes, or both; however, no more than 50 percent of the revenues from the tourist development tax may be pledged to secure and liquidate revenue bonds or revenue refunding bonds issued for the purposes set forth in subparagraph (a)4. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions, and covenants as the governing board of the county shall provide. The Legislature intends that this paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law.
(d) Any use of the local option tourist development tax revenues collected pursuant to this section for a purpose not expressly authorized by paragraph (3)(l) or paragraph (3)(n) or paragraph (a), paragraph (b), or paragraph (c) of this subsection is expressly prohibited.
Well, it looks to me that there has to be public access to every place these funds go. Read #4. I am not an attorney, however.
(5) AUTHORIZED USES OF REVENUE.--
(a) All tax revenues received pursuant to this section by a county imposing the tourist development tax shall be used by that county for the following purposes only:
1. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or promote one or more publicly owned and operated convention centers, sports stadiums, sports arenas, coliseums, or auditoriums, or museums that are publicly owned and operated or owned and operated by not-for-profit organizations and open to the public, within the boundaries of the county or subcounty special taxing district in which the tax is levied. Tax revenues received pursuant to this section may also be used for promotion of zoological parks that are publicly owned and operated or owned and operated by not-for-profit organizations and open to the public. However, these purposes may be implemented through service contracts and leases with lessees with sufficient expertise or financial capability to operate such facilities;
2. To promote and advertise tourism in the State of Florida and nationally and internationally; however, if tax revenues are expended for an activity, service, venue, or event, the activity, service, venue, or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue, or event to tourists;
3. To fund convention bureaus, tourist bureaus, tourist information centers, and news bureaus as county agencies or by contract with the chambers of commerce or similar associations in the county, which may include any indirect administrative costs for services performed by the county on behalf of the promotion agency; or
4. To finance beach park facilities or beach improvement, maintenance, renourishment, restoration, and erosion control, including shoreline protection, enhancement, cleanup, or restoration of inland lakes and rivers to which there is public access as those uses relate to the physical preservation of the beach, shoreline, or inland lake or river. However, any funds identified by a county as the local matching source for beach renourishment, restoration, or erosion control projects included in the long-range budget plan of the state's Beach Management Plan, pursuant to s. 161.091, or funds contractually obligated by a county in the financial plan for a federally authorized shore protection project may not be used or loaned for any other purpose. In counties of less than 100,000 population, no more than 10 percent of the revenues from the tourist development tax may be used for beach park facilities.
(b) Tax revenues received pursuant to this section by a county of less than 750,000 population imposing a tourist development tax may only be used by that county for the following purposes in addition to those purposes allowed pursuant to paragraph (a): to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or promote one or more zoological parks, fishing piers or nature centers which are publicly owned and operated or owned and operated by not-for-profit organizations and open to the public. All population figures relating to this subsection shall be based on the most recent population estimates prepared pursuant to the provisions of s. 186.901. These population estimates shall be those in effect on July 1 of each year.
(c) The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds issued by the county for the purposes set forth in subparagraphs (a)1. and 4. or for the purpose of refunding bonds previously issued for such purposes, or both; however, no more than 50 percent of the revenues from the tourist development tax may be pledged to secure and liquidate revenue bonds or revenue refunding bonds issued for the purposes set forth in subparagraph (a)4. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions, and covenants as the governing board of the county shall provide. The Legislature intends that this paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law.
(d) Any use of the local option tourist development tax revenues collected pursuant to this section for a purpose not expressly authorized by paragraph (3)(l) or paragraph (3)(n) or paragraph (a), paragraph (b), or paragraph (c) of this subsection is expressly prohibited.
Well, it looks to me that there has to be public access to every place these funds go. Read #4. I am not an attorney, however.