Ordinance 2025-20 ORDINANCE NO. 2025 - 2 0
AN ORDINANCE AMENDING THE CODE OF LAWS AND
ORDINANCES OF COLLIER COUNTY SECTION 126-30, PURSUANT
TO SECTION 336.021, FLORIDA STATUTES; PROVIDING FOR THE
REIMPOSITION OF THE NINTH CENT FUEL TAX UPON EVERY
GALLON OF MOTOR FUEL AND DIESEL FUEL SOLD IN COLLIER
COUNTY UPON ITS EXPIRATION ON DECEMBER 31, 2025,
EFFECTIVE JANUARY 1, 2026, UP TO AND INCLUDING DECEMBER
31, 2055, WHICH IS TAXED UNDER CHAPTER 206, FLORIDA
STATUTES; REPEALING ORDINANCE NO. 2022-32; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND, PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 336.021, Florida Statutes, provides for the levy of the additional
Ninth Cent Fuel Tax upon every gallon of motor fuel and special fuel sold in a county and taxed
under the provisions of Chapter 206, Florida Statutes; and
WHEREAS, the levy of this additional one cent ($.01) fuel tax was originally approved
by a vote of the electorate by a referendum held on March 11, 1980; and
WHEREAS, a Resolution providing for the levy of the Ninth Cent Fuel Tax was
approved by the Board of County Commissioners effective June 1, 1980; and
WHEREAS, on June 3, 1980, Collier County enacted Ordinance No. 80-50 providing for
the levy of the Ninth Cent Fuel Tax with a 30 year expiration as set forth in the above-referenced
referendum; and
WHEREAS, on March 11, 2003, the Board of County Commissioners approved, by
extraordinary vote, Ordinance No. 2003-34, providing for the extension and reimposition of the
Ninth Cent Fuel Tax through and including December 31, 2025, as codified at Section 126-30 of
the Code of Laws and Ordinances of Collier County; and
WHEREAS, on July 12, 2022, Collier County adopted Ordinance No. 2022-32
providing for the extension and reimposition of the Ninth-Cent Fuel Tax upon its expiration on
December 31, 2025, effective January 1, 2026, however, due to an issue regarding the timing of
the adoption of Ordinance No. 2022-32, the Board of County Commissioners desires to repeal in
its entirety Ordinance 2022-32 and provide for the extension and reimposition of the Ninth-Cent
Fuel Tax via the instant Ordinance; 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$300
million to undertake needed County transportation road projects; and
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WHEREAS, Collier County's approved Transportation CIE plan is predicated on
bonding available fuel tax revenues; and
WHEREAS, the revenues received from a reimposition of the additional Ninth Cent Fuel
Tax would 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 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 the
reimposition of the levy of the additional Ninth Cent Fuel Tax upon every gallon of motor fuel
and diesel fuel sold in Collier County is necessary to finance construction of needed
transportation facilities, and therefore fulfills a public purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA, that:
SECTION ONE: AMENDING SECTION 166-30, COLLIER COUNTY CODE OF
LAWS AND ORDINANCES.
Section 126-30 of the Collier County Code of Laws and Ordinances, is hereby amended
to read as follows:
(a)Levy of the tax.
1. The levy and imposition of a tax of the additional "Ninth Cent 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, for the purpose of paying the cost
of transportation expenditures as described in F.S. § 336.025(7), shall hereby
continue to be collected up to and including the year 2025. Upon expiration, any
extension of the additional ninth cent fuel tax may be imposed as provided by
law. The extension of the ninth cent fuel tax as provided herein shall be
considered a reimposition of such tax from the date hereof through and including
December 31, 2025. Upon the expiration of the current levy on December 31,
2025, the Ninth Cent Fuel Tax upon every gallon of motor fuel and
diesel fuel sold in Collier County shall be reimposed and levied effective January
1, 2026, so there is no "gap" or "lapse" in the collection of tho tax from its current
expiration date, through and including December 31, 2055. -Upon the expiration
of the levy set to expire on December 31, 2025, the Ninth Cent Fuel Tax upon
every gallon of motor fuel and diesel fuel sold in Collier County is hereby
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reimposed and re-levied effective January 1, 2026, through and including
December 31, 2055, so there is no "gap" or"lapse" in the collection of the tax.
2. Collier County shall have the option of shortening the time of collection of the
"Ninth Cent Fuel Tax" by an amending ordinance.
(b) Collection: Use
Upon termination of the current tax extension on December 31, 2025, the Ninth
Cent Fuel Tax shall be reimposed and levied commencing January 1, 2026,
through and including December 31, 2055. The revenues from the Ninth Cent
Fuel Tax shall be collected as provided by law and used for "transportation
expenditures" as defined in Section 336.025(7), Florida Statutes.
SECTION TWO: REPEALER
Collier County Ordinance No. 2022-32 is hereby repealed in its entirety and of no further
force or effect.
SECTION THREE: 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
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: 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 FIVE: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
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PASSED AND DULY ADOPTED by an extraordinary(majority plus one)
vote this 25'4` day of c,t ,2025.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. zel, Clerk of Courts COLLIER COUNTY, FLORIDA
& Comptr`oller . .
By: By: .04e#41%. Cee
Dep C k' Burt L. Saunders, Chairman
Attest as to Cal irrtidn's
signature only
Appr ved s to form and legality:
W Scot . ach
Depu C my Attorney
This ordinance filed with the
Secretory of Sigt��fl#fi���
24, day of _&2
and acknowledgemen* of that
filir..n rece'ved this day
of arr •
By_ —.
D,eeoury Cot*
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
March 26, 2025
Crystal K. Kinzel
Clerk of Court
Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Crystal Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2025-20, which was filed in this office on March 26,
2025.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL/dp
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270