Agenda 02/25/2025 Item #16F 6 (Resolution providing notice of intent to reimpose the Five-Cent and Six-Cent local option fuel taxes pursuant to Florida Statues, Section 336.025 (1)(a) and (b) and Section 336.021 effective 1/1/2026, through 12/31/2055)2/25/2025
Item # 16.F.6
ID# 2025-682
Executive Summary
Recommendation to adopt a Resolution providing notice of intent to extend the levy of the Five -Cent and Six -Cent Local
Option Fuel Taxes, pursuant to Florida Statutes Sections 336.025 (1)(a) and (b), and the Ninth Cent Fuel Tax Pursuant to
Florida Statutes, Section 336.021, upon their scheduled termination date of December 31, 2025, without a gap or lapse in
the collection of the tax, effective January 1, 2026, through December 31, 2055, and directing the Office of the County
Attorney to advertise the appropriate Ordinances.
OBJECTIVE: Recommendation to adopt a resolution providing notice of intent to reimpose the Five -Cent and Six -
Cent local option fuel taxes pursuant to Florida Statues, Section 336.025 (1)(a) and (b) and Section 336.021 effective
January 1, 2026, through December 31, 2055, and direct the Office of the County Attorney to advertise the appropriate
Ordinances for the Board's next available meeting.
CONSIDERATIONS: Section 336.025(1)(b), Florida Statutes, authorizes the County to levy a Five -Cent Local Option
Fuel Tax. The Board adopted Ordinance No. 93-48 on August 3, 1993, pursuant to Section 336.025(1)(b), providing for
the imposition of the additional Five Cent Local Option Fuel Tax upon every gallon of motor fuel sold in Collier County
and taxed under the provision of Chapter 206, Florida Statutes. On March 13, 2001, the Board approved Ordinance No.
2001-26 extending the levy of the tax up to the year 2024, and thereafter further extended the levy through December
31, 2025, by enacting Ordinance No. 2003-36 on June 24, 2003.
Section 336.025(1)(a), Florida Statutes, authorizes the County to levy a Six -Cent Local Option Fuel Tax. On May 9,
1989, the Board adopted Ordinance No. 89-27, pursuant to Section 336.025(1)(b), providing for the imposition of the
additional Six -Cent Local Option Fuel Tax upon every gallon of motor fuel and diesel fuel sold in Collier County taxed
under the provision of Chapter 206, Florida Statutes. On May 25, 1999, the Board initially extended the levy through
August 31, 2015 (see Ordinance No. 99-40), and further extended the levy through December 31, 2025, by enacting
Ordinance No. 2003-35 on June 24, 2003.
Section 336.021, Florida Statutes, provides for the levy of a Ninth -Cent Fuel Tax upon every gallon of motor fuel and
special fuel sold in the County and taxed under the provisions of Chapter 206, Florida Statutes. The levy of the Ninth
Cent Fuel Tax was originally approved by the voters through a referendum election held March 11, 1980, as authorized
by Section 336.021, Florida Statutes. On June 3, 1980, Collier County enacted Ordinance 80-50 providing for the levy
of the Ninth -Cent Fuel Tax with a 30-year expiration set forth in the referendum. Ordinance 2003-34 was adopted on
June 24, 2003 approving an extension through December 31, 2025.
On July 12, 2022, the Board adopted Ordinance 2022-30 amending Ordinance No. 2003-36, Ordinance 2022-31
amending Ordinance No. 2003-35, and Ordinance 2022-32 amending Ordinance No. 2003-34 providing for reimposition
of the Five -Cent Local Option Fuel Tax, the Six -Cent Local Option Fuel Tax, and the Ninth -Cent Fuel Tax respectively,
upon their expiration on December 31, 2025, effective January 1, 2026, up to and including December 31, 2055.
After careful review from the Florida Department of Revenue (the "Department"), and notwithstanding the assistance of
outside finance counsel prior to adoption, the Department deemed the Ordinances invalid due to inconsistent timing with
Florida Statute provisions under § 336.025(1)(b)l, § 336.025(1)(a)l, and § 336.021(5) which provides "All impositions
and rate changes of the tax shall be levied before October 1 to be effective January 1 of the following year." (emphasis
added) To remediate this technicality, it is necessary to adopt a new ordinance in 2025 to meet the timing provision
outlined in the Statute and ensure continued collections of the Five -Cent Local Option Fuel Tax, the Six -Cent Local
Option Fuel Tax and the Ninth -Cent Fuel Tax.
The current Transportation five-year Capital Improvement Element ("CIE") has a projected shortfall in excess of $300
million. Reimposing the Five- Cent and Six -Cent Local Option Fuel Taxes upon their expiration on December 31, 2025,
provides financing flexibility and positions the County to capitalize on fixed interest rates; greater coverage ratios; and
an extended repayment horizon that increases funding capacity. Bond proceeds would fund identified transportation
system assets deemed "poor" in the inventory, transportation system capacity improvements, and expansion of the
eastern Collier County transportation grid. Projects identified in the five-year CIE that could be financed include Collier
Boulevard (Green Boulevard to Main Golden Gate Canal), Vanderbilt Beach Road Extension, Goodlette Road
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2/25/2025
Item # 16.F.6
ID# 2025-682
(Vanderbilt Beach Road to Immokalee Road), Wilson Boulevard (Golden Gate Boulevard to Immokalee Road), and
Everglades Boulevard (Vanderbilt Beach Road to Oil Well).
The distribution of tax proceeds related to the Five -Cent and Six Cent Local Option Fuel Taxes between the county and
the municipalities will continue to be in accordance Florida Statute, Section 336.025(4)(a).
Staff requests that the Board approve the attached Resolution and direct the Office of the County Attorney to prepare
proposed ordinances reimposing the Five -Cent Local Option Fuel Tax, the Six -Cent Local Option Fuel Tax, and the
Ninth Cent Fuel Tax as set forth above. The imposition of the first six cents of the tax may be imposed by a majority
vote of the Board but imposing the remaining five cents requires an extraordinary vote (majority plus one), and
extensions and reimpositions of the Ninth -Cent Fuel Tax also may only be extended by an extraordinary vote of the
members of the Board, which will be staff s request when the Ordinances are brought back for adoption.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation
system to reduce traffic congestion and improve the mobility of our residents and visitors.
FISCAL IMPACT: Revenues generated from the Five -Cent Local Option Fuel Tax, Six -Cent Local Option Fuel Tax,
and the Ninth -Cent Fuel Tax total approximately $18.8 million annually. The reimposition of the Five-5 Cent and Six -
Cent Local Option Fuel Taxes along with the Ninth -Cent Fuel Tax would provide for funding flexibility and allow for
debt service payments related to a future transportation related financing, excess funding would be programmed
annually for pay-as-you-go transportation network capital and maintenance consistent with statutory guidelines. Fuel tax
revenues are deposited within Gas Tax Fund (3083).
GROWTH MANAGEMENT IMPACT: The Five -Cent Local Option Fuel Tax, Six -Cent Local Option Fuel Tax, and
the Ninth -Cent Fuel Tax are principal revenue sources of the Transportation Element in the Collier County Growth
Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board
approval. —SRT
RECOMMENDATIONS: To adopt a Resolution providing notice of intent to extend the levy of the Five -Cent and Six -
Cent Local Option Fuel Taxes, pursuant to Florida Statutes Sections 336.025 (1)(a) and (b), and the Ninth Cent Fuel Tax
Pursuant to Florida Statutes, Section 336.021, upon their scheduled termination date of December 31, 2025, without a
gap or lapse in the collection of the tax, effective January 1, 2026, through December 31, 2055, and directing the Office
of the County Attorney to advertise the appropriate Ordinances.
PREPARED BY: Christopher Johnson, Director, Corporate Financial and Management Services
ATTACHMENTS:
Resolution Fuel Taxes 02.13.25 srt
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