Ordinance 2003-35 fl ~ ~.~
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I~ ~rnr,,.rn ~, ORDINANCE NO. 2003- ~ ~y ~
AN~ ORDINANCE PURSUANT TO SECTION 336.025, FL~A .~
AMENDING ORDINANCE NO. 99-40, PROVIDING~0R~
~:~?'? ~:~ THE EXTENSION OF THE LEVY OF THE SIX CENTS LOCAL O~N ~
E~t~y~
FUEL TAX UP TO AND INCLUDING THE YEAR 2025 UPON ,-.:,~ 3:
GALLON OF MOTOR FUEL AND DIESEL FUEL SOLD IN COI~,.~I.]~ER~-
COUNTY AND TAXED UNDER THE PROVISIONS OF CHAPTE~06f~
FLORIDA STATUTES; PROVIDING FOR TITLE AND CITA~'I~N~'°
PROVIDING FINDINGS AND PURPOSE; PROVIDING THE
EFFECTIVE DATE OF REIMPOSITION AND EXTENSION OF LOCAL
OPTION FUEL TAX AND DURATION; PROVIDING FOR
COLLECTION AND DISTRIBUTION OF LOCAL OPTION FUEL TAX
AND PROVIDING FOR USE OF LOCAL OPTION FUEL TAX
REVENUES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 336.025(1)(a), Florida Statutes, provides for the levy of up to six
cents local option fuel tax upon every gallon of motor fuel and diesel fuel sold in a county land
taxed under the provisions of Chapter 206, Florida Statutes; and
WHEREAS, Collier County extended the six cents local option fuel tax by the adoption
of Ordinance No. 99-40; known as "Collier County Six Cents Local Option Gas Tax Ordinance;"
and
WHEREAS, Section 336.025(1)(a), Florida Statutes, provides that levies of the six cents
local option fuel tax may be extended by a majority vote of the governing body of the County;
and
WHEREAS, such tax levied pursuant to Section 336.025, Florida Statues, may be
extended by adoption of an ordinance on a majority vote of the governing body of the county;
and
WHEREAS, Collier County has adopted a Five Year Capital Improvement Program for
Roads ko undertake needed County arterial and collector road projects; and
WHEREAS, the approved Transportation Financing Plan of Action is predicated on
bonding available various fuel tax revenues.
WHEREAS, delays in undertaking specific roadway improvements outlined in the
Capital Improvement Program due to insufficient fuel tax revenues will result in increased road
construction expenditures and result in decrease in the level of road service on County arterial
and collector roadways; and
WHEREAS, it is determined by the Board of County Commissioners of Collier County
that the extension of the levy of the Six Cents Local Option Fuel Tax upon every gallon of motor
Words underlined are added; words o, .... v ,. ..... .
.............~l' are deleted. I
fuel and diesel fuel sold in Collier County is necessary to finance construction of transportation
facilities, and repair and maintenance of transportation facilities, all of which are necessary to
promote the public health, safety, and welfare of the citizens of and visitors to Collier County,
Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION 1: TITLE AND CITATIONS
This Ordinance shall be known and cited as the "Collier County Extension of the Six
Cents Local Option Fuel Tax Ordinance."
SECTION 2: FINDINGS AND PURPOSE
It has been determined by majority vote of the Board of County Commissioners of
Collier County, Florida, that the levy of the Six Cents Local Option Fuel Tax on every gallon of
motor fuel and diesel fuel sold in Collier County and taxed under the provisions of Chapter 206,
Florida Statutes, is necessary to f'.:,~ finance major transportation facilities and improvements
and to repair and maintain existing transportation facilities. The levy of the Six Cents Local
Option Fuel Tax is determined to be necessary to promote the public health, safety, and welfare
of the citizens of and visitors to Collier County, Florida.
SECTION 3: EXTENSION OF THE LOCAL OPTION FUEL TAX
There is hereby extended, levied and imposed the Six Cents Local Option Fuel Tax upon
every gallon of motor fuel and diesel fuel sold in Collier County and taxed under the provisions
of Chapter 206, Florida Statutes, as provided in Section 336.025(1~(a~, Florida Statutes up to
and including the year 2025, terminating December 31, 2025. The extension of the six cents
local oRtion fuel tax as provided herein shall be considered a :'ea'.:~ho:4.za*.~c.::. reimposition of '.he
such tax from the effective date hereof through and including December 31, 2025.
SECTION 4: EFFECTIVE DATE OF REIMPOSITION AND EXTENSION OF
LOCAL OPTION FUEL TAX AND DURATION
The Six Cents Local Option Fuel Tax shall be extended effective January 1, 2004 fo.:' a
_~..:~.~ ~, ~;..~ t~ ,~ pi ^ ...... · ~ ~ ,~t~ ~ December 31, 2025.
t-.- ............... ~..~ ~,'ea~: to ex re on. ~..~, ..... , ....
SECTION 5: COLLECTION AND DISTRIBUTION OF LOCAL OPTION FUEL
TAX; USE OF LOCAL OPTION FUEL TAX REVENUES
Words underlined are added; words ~'-'~' *" ..... ~-
............. ~,., are deleted. 2
The Six Cents Local Option Fuel Tax shall be collected in the same manner as all other
fuel taxes pursuant to Chapter 206, Florida Statutes. m~,,, ,~o,.4~,..,;^~ ^r o~,~ ~,~ ~,~,. r..~ ~v
~- *~ ~'"" ' 'nng, '~ A re-dete~ination of the method of distribution o"a'~ ~ has been
made as provided in F.S. ~ 336.025 or as otherwise provided by law. The proceeds of the tax
shall be distributed among Collier County and eligible municipalities based on the transpo~ation
expenditures of each for the five fiscal years preceding the year in which the tax is authorized, as
a propo.ion of the total of such expenditures for Collier County and all municipalities within
Collier County, pursuant to the provisions of Section 336.025(4), Florida Statutes.
The revenues from the Six Cents ~cal Option Fuel Tax shall be used for "transpo~ation
expenditures" as provided in Section 336.025, Florida Statutes.
SECTION 6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and made a pa. of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "a. icle",
or any other appropriate word.
SECTION 7: CONFLICT AN9 SEVE~BILITY
]n the event this Ordinance conflicts with any other Ordinance of Collier County or other
applic~le law, the more restrictive shall apply. If any phrase or potion of the Ordinance is held
invalid or unconstitutional by any cou~ of competent jurisdiction, such po.ion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining potion.
SECTION 8: S~ERCEDE
x~.. 9, ~n~n May
This Ordinance supercedes Ordinance No. ~9 2?, 99~0 adopted on .... ~ .....
25, 2~3 to the extent of any conflict therewith, apoa; .... :_. ~ .... n ...... . ~, , nan
SECTION 9: EFFECTI~ DATE
This Ordinance shall become effective upon filing with the Depa.ment of State.
Words underlined are added; words ~*~'~' '~ ..... ~-
............. ~,.. are deleted. 3
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida on this ~t./~ day of ~...~ ,2003.
Approved as to form and
legal sufficiency:
{a):'que/line Hubbard Robinson
/kssistant County Attorney
BOARD OF COUNTY COMMISSIONERS
By: _
;I'O-"M ¥tENN1NYG, CHAIRM~I~
This ordinance filed with the
.~_~ry of ~a~ Office the
ay of , 21~3
and acknowledgement, of that
filing~received t_his ql~ day
Of U ' m ~ '
H: Jackied Gas Tax/Ordinance No, 99-40 Six Cents Amendment 52203
Words underlined are added; words ~'-'*v '~'..... h
............. e,.. are deleted. 4
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2003-35
Which was adopted by the Board of County Commissioners on
the 24th day of June, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 25th day
of June, 2003.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to
County
By: