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Backup Documents 03/25/2025 Item #17D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 7 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ** ROUTING SLIP** Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. (Enter your Dept here) 3. County Attorney Office County Attorney Office )Akil4 12.5 4. BCC Office Board of County BS by MB Commissioners [s] 3 zS 5. Minutes and Records Clerk of Court's Office 94° )-(IJS 1 21 PRIMARY CONTACT INFORMATION c� Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional missing information. Name of Primary Staff Madison Bird Phone Number 2939 Contact/Department Agenda Date Item was Agenda Item Number -7 Approved by the BCC 3/ZS/2-c. g I! D Type of Document(s) Number of Original Attached 0r 4�,.� cG 5 ce - t Documents Attached ' PO number or account number if document is /J f12G� (�/ to be recorded ! :J O INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is , Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's signature?(stamped unless otherwise stated) MB 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legality. (All documents to be signed by MB the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.) 4. All handwritten strike-through and revisions have been initialed by the County Attorney MB Office and all other parties except the BCC Chairman and the Clerk to the Board. 5. The Chairman's signature line date has been entered as the date of BCC approval of the MB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is uploaded to the agenda. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved bythe BCC on pp "3/2-.5 and all changes made during the meeting have been incorporated in the attached document. The County Attorney cif an option for Office has reviewed the changes,if applicable. I 1 this line. _ 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21 17D ORDINANCE NO. 2025 - 18 AN ORDINANCE AMENDING 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; REPEALING ORDINANCE NO. 2022-30; 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, on July 12, 2022, Collier County adopted Ordinance No. 2022-30, to amend Ordinance No. 2003-36 and provide for the extension and reimposition of the Five Cent Local Option 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. 2022-30, the Board of County Commissioners desires to repeal in its entirety Ordinance No. 2022-30 and provide for the extension and reimposition of the Five Cent Local Option 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 Page 1 of 4 Underlined text is added;stmek-thfough text is deleted. CAC; 17D 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 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 Cent 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; and WHEREAS, it is the intent of the Board of County Commissioners that upon the extension and reimposition of the Five Cent Local Option Fuel Tax provided for herein, the Five Cent Local Option Fuel Tax continue to be distributed to the County and eligible municipalities based upon the historic transportation expenditures of each, as more specifically provided in Section 336.025(4)(a),Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: AMENDING SECTION 126-28(D-E) OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES Section 126-28(d-e) 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, re-imposed and extended on June 24, 2003, through and including December 31, 2025., and such imposition is hereby further there i3 no "gap"or"lapse" in the collection of the tax through and including December 31, 2055 Upon expiration of the levy set to expire on December 31, 2025, the additional $0.05 local option fuel tax upon every gallon of motor fuel sold in Collier County is hereby 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. Upon expiration, any extension of the additional Page 2 of 4 Underlined text is added;sm►sk-threes text is deleted. ,Q 17D local option fuel tax may be imposed as provided by law. The 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,through and including December 31,2055. A redetermination of the method of provided in F.B. § 336.025 or as otherwise provided by law, and shall be recalculated and re (e) Collection and distribution; use. The additional $0.05 local option fuel tax shall be collected in the same manner as all other fuel taxes pursuant to F.S. ch. 206. The distribution of the additional $0.05 local option fuel tax shall be pursuant to F.S. § 336.025(4). The proportions shall be recalculated every ten years based upon the transportation expenditures of the immediately preceding five years or as otherwise mandated by law. If an interlocal agreement is not executed pursuant to F.S. § 336.025, the proceeds of the tax shall be distributed among the County and eligible municipalities based on the transportation expenditures of each for the five fiscal years immediately preceding the year in which extension of the tax is authorized, as a proportion of the total of such expenditures for the County and all municipalities within the County, pursuant to the provisions of F.S. § 336.025. The aforementioned method of distribution shall apply to the re-levy and reimposition of the additional $0.05 cent local option fuel tax to take effect on January 1,2026. (1) The revenues from the additional $0.05 local option fuel tax shall be used for "transportation expenditures" as defined in F.S. § 336.025(7), needed to meet the requirements of the capital improvements element of the comprehensive plan, including new roads, the reconstruction or resurfacing of existing paved roads, or the paving of existing graded roads when undertaken in part to relieve or mitigate existing or potential adverse environmental impacts and other uses as provided by and defined in F.S. § 336.025, as amended from time to time or as permitted by law. * * * SECTION TWO: REPEALER. Collier County Ordinance No. 2022-30 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. Page 3 of 4 Underlined text is added;Amok-through text is deleted. CAO -17D 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, by extraordinary vote (majority plus one) on this 25 th day of !'la(d) , 2025. ATTEST: Crystal K. I inze1,'Clerk of Courts BOARD OF COUNTY COMMISSIONERS & Comoller COLLIER COUNTY, FLORIDA • By: Bye Dep ty,Clerc est as to Chairman's Burt L. Saunders, Chairman signature only Api v- .rm and legality: IA Um_ tr`d`(Scotf R. !.ach Depu°\1 C I , ty Attorney This ordinance filed with the cretary of 5tate's ©ffic�t l�day of �1�1 —, -�---`- ond acknowledgement of that filing. jfsq.i.ed this day of 4"" Bv_ ---- nooury Clook is Page4of4 Underlined text is added;stru sough text is deleted. CAO _ 17D 0, ,, . >,,, 4,„ r,.: 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. 2025-18, 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 17D Jennifer Hansen From: Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov> Sent: Thursday, February 27, 2025 11:31 AM To: Legal Notice Cc: TeachScott;JohnsonChristopher Subject: legal ad and business impact estimate - 5 cent fuel tax - 3/25/25 BCC Attachments: legal ad - 5 cent fuel tax ordinance.pdf; Five Cent Fuel Tax Ordinance 02.13.25 srt.pdf; Business Impact Estimate - 5 Cent Fuel Tax - Updated to include Mun.pdf M&R: On behalf of Corporate Financial & Management Services, please publish the attached legal ad and business impact estimate on the legal notice website on Wednesday, March 5th, through and including the hearing date. Required approvals are below. Please acknowledge receipt. Thank you, Wanda Rodriguez, MCP, CP.%t Office of the County .Attorney (239) 252-8400 coo-IF/fo IP rs "'N ACP'9,p �n . �/ n C Pi �11 �" � �ll Cercif cd Public Manager Ati w li.l.sr fLeey2005 4110.111. From:Scott Teach<Scott.Teach@ colliercountyfl.gov> Sent:Thursday, February 27, 2025 10:59 AM To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Subject: RE:for your approval- legal and business impact estimate-5 cent fuel tax- 3/25/25 BCC Approved. Scott R. Teach Deputy County Attorney (239) 252-8400 From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Thursday, February 27, 2025 10:16 AM To:Scott Teach <Scott.Teach@colliercountyfl.gov> Subject:for your approval- legal and business impact estimate-5 cent fuel tax-3/25/25 BCC Scott, For your approval for electronic publication on March 5th. Staff approval is below. i 1 7D Wanda Rodriguez, MCP, CPM Office of the County .Attorney (239) 252-8400 cozT I F/ED ems► ,p C„. rsERAN' ACP y P1 ml3Tam fausicomv r+ Cc-vicd Pubfic Monacr � '[�A�[/A��1�����/A�y��11����1 I,,�r From: Christopher P Johnson<Christopher.Johnson@colliercountyfl.gov> Sent:Thursday, February 27, 2025 10:12 AM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Subject: RE:for your approval - legal and business impact estimate -5 cent fuel tax-3/25/25 BCC Approved. Thank you,Wanda. Christopher Johnson Division Director - Corporate Financial & Management Services Corporate Financial & Management Service Office:239-252-5812 Collier Coun 3299 Tamiami Trail E, Suite 201 J 1J X 0 Naples, Florida 34112 Christopher.Johnsoncolliercountyfl.qov From: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Thursday, February 27, 2025 9:47 AM To:Christopher P Johnson<Christopher.Johnson@colliercountyfl.gov> Subject:for your approval - legal and business impact estimate-5 cent fuel tax-3/25/25 BCC Chris, Please review the attached finalized and advise if approved for electronic publication on March 5, 2025. Thank you, Wanda. Rodriguez, MCP, CPM Office of the County .Attorney (239) 252-8400 2 17D �Q GERTINE0 / p A program ___..[_R11 a J�I�Ci JO05,i, Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3 00/E. 17D • y • C, o to�r U Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the County's website by the time notice of the proposed ordinance is published. Published on County website by: March 5, 2025 Proposed ordinance's Short Title: AN ORDINANCE AMENDING 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; REPEALING ORDINANCE NO. 2022-30; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 125.66(3), Florida Statutes. If one or more boxes are checked below, this means the County is of the view that a business impact estimate is not required by state law' for the proposed ordinance, but the County is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; • The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the county government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or ❑ The proposed ordinance is enacted to implement the following: a. Development orders and development permits, as those terms are defined in Section 163.3164, and development agreements, as authorized by the Florida 1 See Section 125.66(3)(c), Florida Statutes. 1 17D Local Government Development Agreement Act under Sections 163-3220- 163.3243; b. Comprehensive Plan amendments and land development regulation amendments initiated by application by a private party other than Collier County; c. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the County hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): The proposed Ordinance repeals and replaces Collier County Ordinance No. 2022- 30 to remediate a technicality to meet the timing provision outlined in Florida Statute 336.025(1)(b)1, "All impositions and rate changes of the tax shall be levied before October 1, to be effective January 1 of the following year." The proposed Ordinance provides for the reimposition of the Five-Cent Local Option Fuel Tax, which will provide funding through December 31, 2055 for debt service payments related to future transportation related financing and pay as you go transportation network capital and maintenance consistent with statutory guidelines. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the County, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the County's regulatory costs, including estimated revenues from any new charges or fees to cover such costs. The Five-Cent Local Option Fuel Tax produces approximately $8.3 million annually. The Board adopted Ordinance No. 93-48 on August 3, 1993 providing for the original imposition of this tax, which will simply be reimposed and extended by the adoption of the proposed Ordinance. The County doesn't anticipate any additional regulatory costs in the reimposition of the Five-Cent Local Option Fuel Tax. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: There are approximately 115 retail fuel stations and approximately 19 Marine fuel stations in Collier County. Any business utilizing fuel purchased in Collier County would be impacted by this ordinance. 2 7® 4. Additional information the governing body deems useful (if any): On July 12, 2022 the Board adopted Ordinance 2022-30 amending Ordinance No. 2003-36 providing for reimposition of the Five-Cent Local Option Fuel Tax upon its 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 that ordinance was been deemed unenforceable by the Department due to the enactment's inconsistent timing with Florida Statute provisions under 336.025(1)(b)1, 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." To remediate that technicality, the County is adopting 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. Fuel Station data was provided by the Collier County Solid & Hazardous Waste Management Division. 3 17D NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m.on March 25,2025,in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples,FL,to consider: AN ORDINANCE AMENDING 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; REPEALING ORDINANCE NO. 2022-30; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to 3 minutes on any item.The selection of an individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.WilligAcolliercountvfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA BURT L. SAUNDERS,CHAIRMAN 17D ORDINANCE NO.2025 - AN ORDINANCE AMENDING 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; REPEALING ORDINANCE NO. 2022-30; 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, on July 12, 2022, Collier County adopted Ordinance No. 2022-30, to amend Ordinance No. 2003-36 and provide for the extension and reimposition of the Five Cent Local Option 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. 2022-30, the Board of County Commissioners desires to repeal in its entirety Ordinance No. 2022-30 and provide for the extension and reimposition of the Five Cent Local Option 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 Page 1 of 4 Underlined text is added;stmek-threegh text is deleted. CAS iUI[t 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 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 Cent 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; and WHEREAS, it is the intent of the Board of County Commissioners that upon the extension and reimposition of the Five Cent Local Option Fuel Tax provided for herein, the Five Cent Local Option Fuel Tax continue to be distributed to the County and eligible municipalities based upon the historic transportation expenditures of each, as more specifically provided in Section 336.025(4)(a),Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: AMENDING SECTION 126-28(D-E) OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES Section 126-28(d-e) 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, re-imposed and extended on June 24, 2003, through and including December 31, 2025_, __d ___h ____position is hereby, f; reimposed following the current December 31, 2025 expiration date, effective January 1, 2026 so • Upon expiration of the levy set to expire on December 31, 2025, the additional $0.05 local option fuel tax upon every gallon of motor fuel sold in Collier County is hereby 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. Upon expiration, any extension of the additional Page 2 of 4 Underlined text is added;struck-through text is deleted. ctuo 170 local option fuel tax may be imposed as provided by law. ' ' (e) Collection and distribution; use. The additional $0.05 local option fuel tax shall be collected in the same manner as all other fuel taxes pursuant to F.S. ch. 206. The distribution of the additional $0.05 local option fuel tax shall be pursuant to F.S. § 336.025(4). The proportions shall be recalculated every ten years based upon the transportation expenditures of the immediately preceding five years or as otherwise mandated by law. If an interlocal agreement is not executed pursuant to F.S. § 336.025, the proceeds of the tax shall be distributed among the County and eligible municipalities based on the transportation expenditures of each for the five fiscal years immediately preceding the year in which extension of the tax is authorized, as a proportion of the total of such expenditures for the County and all municipalities within the County, pursuant to the provisions of F.S. § 336.025. The aforementioned method of distribution shall apply to the re-levy and reimposition of the additional $0.05 cent local option fuel tax to take effect on January 1, 2026. (1) The revenues from the additional $0.05 local option fuel tax shall be used for "transportation expenditures" as defined in F.S. § 336.025(7), needed to meet the requirements of the capital improvements element of the comprehensive plan, including new roads, the reconstruction or resurfacing of existing paved roads, or the paving of existing graded roads when undertaken in part to relieve or mitigate existing or potential adverse environmental impacts and other uses as provided by and defined in F.S. § 336.025, as amended from time to time or as permitted by law. * * * SECTION TWO: REPEALER. Collier County Ordinance No. 2022-30 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. Page 3 of 4 Underlined text is added;struckgh text is deleted. LAB} a . 17D 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, by extraordinary vote (majority plus one) on this th day of ,2025. ATTEST: Crystal K. Kinzel,Clerk of Courts BOARD OF COUNTY COMMISSIONERS &Comptroller COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Burt L. Saunders,Chairman Approved as to form and legality: Scott R. Teach Deputy County Attorney Page 4 of 4 Underlined text is added;stress text is deleted. CA(_) C‘vg,‘,11 COURT C c Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel ligce Collier County, Florida 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 no \Q� Phone: (239) 252-2646 `��RC uNT0 . Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Yanirda Fernandez,who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, Legal Ad-5 Cent Fuel Tax Ordinance-BCC 3/25/25 was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 03/05/2025 until 03/27/2025. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. di _ ��..mi, (, l.ig•.ture (Af iant Printed .me) ;Sworn to and subscribed before me this 03/27/2025 Cristal'K Kinzel Clerk of the Circuit Court& 'Camptroll'er ( eputy Clerk'Sign tire) ct,rQ Z7 (Deputy Clerk Printed N e) Date NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m.on March 25,2025,in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples,FL,to consider: AN ORDINANCE AMENDING 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; REPEALING ORDINANCE NO. 2022-30; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to 3 minutes on any item.The selection of an individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-coulth \isitors/calendar-nf=events after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356,(239) 252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA BURT L. SAUNDERS,CHAIRMAN 4,n sAo Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel QC P Collier County, Florida 1 -v 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 *no \o� Phone: (239) 252-2646 Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Yanirda Fernandez,who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, Business Impact Estimate-5 Cent Fuel Tax-3/25/25 BCC was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 03/05/2025 until 03/27/2025. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. IA (Af�. 'ig .tore) 0 (Affiant Printed'Nam•)'', • Sworn to and subscribed before me this 03/27/2025 Crystal K.`Kinzel'Clerk of the Circuit Court& :Coin'ptroller ep.uty:Clerk Signat re) I134 �a+r _. are& 3127 —)&-5 (Deputy Clerk Printed N e) ate Cp 1.L it • • ouo Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the County's website by the time notice of the proposed ordinance is published. Published on County website by: March 5, 2025 Proposed ordinance's Short Title: AN ORDINANCE AMENDING 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; REPEALING ORDINANCE NO. 2022-30; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 125.66(3), Florida Statutes. If one or more boxes are checked below, this means the County is of the view that a business impact estimate is not required by state law' for the proposed ordinance, but the County is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; El The proposed ordinance relates to the issuance or refinancing of debt; ❑x The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the county government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or El The proposed ordinance is enacted to implement the following: a. Development orders and development permits, as those terms are defined in Section 163.3164, and development agreements, as authorized by the Florida 1 See Section 125.66(3)(c), Florida Statutes. 1 Local Government Development Agreement Act under Sections 163-3220- 163.3243; b. Comprehensive Plan amendments and land development regulation amendments initiated by application by a private party other than Collier County; c. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the County hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): The proposed Ordinance repeals and replaces Collier County Ordinance No. 2022- 30 to remediate a technicality to meet the timing provision outlined in Florida Statute 336.025(1)(b)1, "All impositions and rate changes of the tax shall be levied before October 1, to be effective January 1 of the following year." The proposed Ordinance provides for the reimposition of the Five-Cent Local Option Fuel Tax, which will provide funding through December 31, 2055 for debt service payments related to future transportation related financing and pay as you go transportation network capital and maintenance consistent with statutory guidelines. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the County, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the County's regulatory costs, including estimated revenues from any new charges or fees to cover such costs. The Five-Cent Local Option Fuel Tax produces approximately$8.3 million annually. The Board adopted Ordinance No. 93-48 on August 3, 1993 providing for the original imposition of this tax, which will simply be reimposed and extended by the adoption of the proposed Ordinance. The County doesn't anticipate any additional regulatory costs in the reimposition of the Five-Cent Local Option Fuel Tax. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: There are approximately 115 retail fuel stations and approximately 19 Marine fuel stations in Collier County. Any business utilizing fuel purchased in Collier County would be impacted by this ordinance. 2 4. Additional information the governing body deems useful (if any): On July 12, 2022 the Board adopted Ordinance 2022-30 amending Ordinance No. 2003-36 providing for reimposition of the Five-Cent Local Option Fuel Tax upon its 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 that ordinance was been deemed unenforceable by the Department due to the enactment's inconsistent timing with Florida Statute provisions under 336.025(1)(b)1, 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." To remediate that technicality, the County is adopting 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. Fuel Station data was provided by the Collier County Solid & Hazardous Waste Management Division. 3