Ordinance 2022-30 ORDINANCE NO. 2022 - 30
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
2003-36, AS AMENDED, ALSO CITED AS THE CODE OF LAWS AND
ORDINANCES OF COLLIER COUNTY SECTION 126-28, PROVIDING
FOR THE REIMPOSITION OF THE FIVE CENTS OF ADDITIONAL
LOCAL OPTION FUEL TAX UPON EVERY GALLON OF MOTOR
FUEL SOLD IN COLLIER COUNTY UPON ITS TERMINATION ON
DECEMBER 31, 2025, EFFECTIVE JANUARY 1, 2026, UP TO AND
INCLUDING DECEMBER 31, 2055, WHICH IS TAXED UNDER THE
PROVISIONS OF CHAPTER 206, FLORIDA STATUTES; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Florida Legislature, in special session in 1993 amended Section
336.025, Florida Statutes, to provide for the levy of an Additional Local Option Fuel Tax on
motor fuel; and
WHEREAS, on August 3, 1993, pursuant to Section 336.025(1)(b), Florida Statutes,
Collier County enacted Ordinance No. 93-48 (also known as Section 126-28 of the Collier
County Code of Laws and Ordinances), which provides for the levy of up to five cents ($0.05) of
Additional Local Option Fuel Tax upon every gallon of motor fuel sold in Collier County,
Florida, and taxed under the provisions of Part I of Chapter 206, Florida Statutes; and
WHEREAS, thereafter on June 24, 2003, Collier County extended the expiration date for
the levy provided in Ordinance No. 93-48 through and including December 31, 2025, by
Ordinance No. 2003-36; and
WHEREAS, at the time that the levy was extended through Ordinance No. 2003-36, a
re-determination of the method of distribution was made as provided in Section 336.025(4)(a),
Florida Statutes, based on the historical transportation expenditures of the County and eligible
municipalities, and the method of distribution was re-determined most recently, as required by
law, and memorialized in Collier County Resolution Number 2013-63; and
WHEREAS, Collier County has identified through its current five-year Transportation
Capital Improvement Element ("CIE") plan that there is a projected shortfall in excess of$200
million to undertake needed County transportation road projects; and
WHEREAS, Collier County's approved Transportation CIE plan is predicated on
bonding available fuel tax revenues; and
WHEREAS, the revenues received from reimposing the additional Five Cent Local
Option Fuel Tax will provide funding for debt service related to future transportation-related
financing, and allow excess funding to be programmed annually for pay as you go transportation
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network capital and maintenance projects, all within the definition of "transportation
expenditures" needed to meet the requirements of the County's CIE plan; and
WHEREAS, delays in undertaking specific roadway improvements outlined in the
County's road Transportation CIE would result in increased future road construction
expenditures and a decrease in the level of service on County roadways, thereby causing
increased congestion; and
WHEREAS, it is determined by the Board of County Commissioners that reimposing the
levy of the Five Cents Additional Local Option Fuel Tax upon every gallon of motor fuel sold in
Collier County upon its expiration is necessary to finance construction of needed transportation
facilities, and is necessary to promote the public health, safety, and welfare of the citizens and
visitors to Collier County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDING ORDINANCE NO. 2003-36, AS AMENDED
Ordinance No. 2003-36, as amended, also cited as Section 126-28(d) of the Collier
County Code of Laws and Ordinances, is hereby amended to read as follows:
* * *
(d) Effective date; duration. The additional $0.05 local option fuel tax was initially
imposed effective January 1, 1994, for a period of ten years, and such imposition shall be re-
imposed and extended on June 24, 2003, through and including December 31, 2025, and such
imposition is hereby further reimposed following the current December 31, 2025 expiration date,
effective January 1, 2026 so there is no "gap" or "lapse" in the collection of the tax through and
including December 31, 2055. Upon expiration, any extension of the additional local option
fuel tax may be imposed as provided by law. The extension reimposition of the $0.05 local
option fuel tax as provided herein shall be considered a reimposition of such tax commencing on
January 1, 2026, from the date hereof through and including December 31, 202-5- 2055. A
redetermination of the method of distribution has previously been made and approved by the
Board of County Commissioners as provided in F.S. § 336.025 or as otherwise provided by law,
and shall be recalculated and re-established prior to the reimposition of the tax on January 1,
2026.
* * *
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
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separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 12th day of July, 2022.
ATTEST:
Crystal K. Kinzel, Clerk of Courts BOARD OF COUNTY COMMISSIONERS
& Comptroller COLLIER COUNTY, FLORIDA
"fr
By,,! By: _ r___
y-" t Willy m L. McDaniel, Jr., Chairman
�j jnatui _ +i's• J,
4" •• `rr
Approved as to form and legality:
PL-41
Scott R. Teach
Deputy County Attorney T Y O,e;;,trIc- •,p� with the
ond
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
July 18, 2022
Martha S. Vergara, BMR& VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Martha Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2022-30, which was filed in this office on July 18, 2022.
Sincerely,
Anya Owens
Program Administrator
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270