Backup Documents 03/25/2025 Item #17F ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 F
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
4. BCC Office Board of County BS by MB
Commissioners [s] 5(Z
5. Minutes and Records Clerk of Court's Office 1
PRIMARY CONTACT INFORMATION
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 orr issing information.
Name of Primary Staff Madison Bird ,/ Phone Number 2939
Contact/Department
Agenda Date Item was Agenda Item Number
Approved by the BCC 3IZ5l25
Type of Document(s) a Number of Original
Attached _ Or i��,c e — I ( Documents Attached
PO number or account
number if document is 2626— 2)
to be recorded
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 by the BCC on 3/2.5 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney 5Akinb an op
Office has reviewed the changes, if applicable. this
9. Initials of attorney verifying that the attached document is the version approved by the N/A
BCC,all changes directed by the BCC have been made,and the document is ready for the -5 an option for
Chairman's signature. this lire
1: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
17F
ORDINANCE NO. 2025 - 20
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
Page 1 of 4
Underlined text is added;stniek-4hfettgli text is deleted.
17F
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 Jold in Collier County shall bo 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
Page 2 of 4
Underlined text is added;struck-through text is deleted. CAO
1 7 F
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 nd cludi cember 3-1, 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.
Page 3 of 4
Underlined text is added;straelE-thretigh text is deleted.
CAD
17F
PASSED AND DULY ADOPTED by an extraordinary(majority plus one)
vote this 25t` day of Me r c,/.1 ,2025.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K.kir`rzel= Clerk of Courts COLLIER COUNTY, FLORIDA
& Comp 11i4,,..
By: By: Ae,"/..."...,......
`Dep C, k''. _.:.• Burt L. Saunders, Chairman
Attest as to Ciia'iirti n's
signature only
Approved ,s to form and legality:
*ilkiliii
Y Scot, ,. I ;ach
i
Depu
, ContyAttorney
i
j This ordinance filed with the
Secretory of St e's Office the
gi-P day of I'Gh , 2025
and acknow!edgemen* of that
fil Aft
i ng,rece'ved this day
o
By—
,eovrw Clabr1/4
Page 4 of 4
Underlined text is added;st k-thF•eug41 text is deleted.
,00
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
17F
Jennifer Hansen
From: Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov>
Sent: Thursday, February 27, 2025 11:41 AM
To: Legal Notice
Cc: TeachScott;JohnsonChristopher
Subject: legal ad and business impact estimate - 9 cent fuel tax - 3/25/25 BCC
Attachments: legal ad - 9 cent fuel tax ordinance.pdf; Ninth Cent Fuel Tax Ordinance 02.13.25 srt.pdf;
Business Impact Estimate - 9 Cent Fuel Tax.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 M
Office of the County .Attorney
(239) 252-8400
co,T I F/FD
�� C H rr, �1►'��PROI�I�SERVI ie Nkik.A
ACP n � W COl EICOUNTY v
Cc nfind Public Manage
From:Scott Teach <Scott.Teach@colliercountyfl.gov>
Sent:Thursday, February 27, 2025 11:04 AM
To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>
Subject: RE:for your approval - legal ad and business impact estimate -9 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 10:32 AM
To:Scott Teach<Scott.Teach@colliercountyfl.gov>
Subject:for your approval- legal ad and business impact estimate-9 cent fuel tax-3/25/25 BCC
Scott,
For your approval for electronic publication on March 5th. Staff approval is below.
1
'Wanda Rodriguez, ACP, CPM
Office of the County Attorney
(239) 252-8400
cocriFito A, la,,
ACV' W v V
CcrtiFled Publ.Manah.i \kkivh
SINCE From: Christopher P Johnson <Christopher.Johnson(a@colliercountyfl.gov>
Sent:Thursday, February 27, 2025 10:31 AM
To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>
Subject: RE:for your approval- legal and business impact estimate -9 cent fuel tax-3/25/25 BCC
Approved.Thanks,Wanda!
Christopher Johnson
Division Director - Corporate Financial & Management Services
Corporate Financial & Management Service r`
Office:239-252-5812 Collier Coun
3299 Tamiami Trail E, Suite 201 Ii 0 0 0 C
Naples, Florida 34112
Christopher.JohnsonCa�colliercountyfl.gov
From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>
Sent:Thursday, February 27, 2025 9:49 AM
To:Christopher P Johnson<Christopher.Johnson@colliercountyfl.gov>
Subject:for your approval -legal and business impact estimate-9 cent fuel tax-3/25/25 BCC
Chris,
Please review the attached finalized documents and advise if approved for electronic publication on
March 5, 2025. Thank you,
Wanda Rodriguez, ACP, CPM
Office of the County Attorney
(239) 252-8400
2
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41100.1.16.
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
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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 126-30, 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.
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.colliercountvfl.gov/our-countv/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.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
`pl.L e
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• •
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 126-30, 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.
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
• -
• •
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-
32 to remediate a technicality to meet the timing provision outlined in Florida
Statute 336.021(5), "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 Ninth-Cent 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 Ninth-Cent Fuel Tax produces approximately $1.9 million annually. 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 initial levy of the
Ninth-Cent Fuel Tax. The proposed Ordinance will simply reimpose and extend the
existing Ninth-Cent Fuel Tax. The County doesn't anticipate any additional
regulatory costs in the reimposition of the Ninth-Cent 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
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4. Additional information the governing body deems useful (if any):
On July 12, 2022 the Board adopted Ordinance 2022-32 amending Ordinance No.
2003-34 providing for reimposition of the Ninth-Cent 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 enactment's inconsistent
timing with Florida Statute provisions under 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." 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 Ninth-Cent Local Option Fuel
Tax.
Fuel Station data was provided by the Collier County Solid & Hazardous Waste
Management Division.
3
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ORDINANCE NO.2025-
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
Page 1 of 4
Underlined text is added;struck through text is deleted. U
j
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
din el f.elsoldi., Collie,. C, + l llbe _ eandeffe
✓ �"Y� d t d r J
1, 2026, so there is no "gap" or "lapse" in the collection of the tax from its current
expir-atien-fie; eu d in+uding-Deeember-1;-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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Underlined text is added;struslk-through text is deleted. CAO
17F
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) Extension/Reimposition of the tax. Collection; Use
Upon termination of the current tax extension on December 31, 2025, the Ninth
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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CIO
17F
PASSED AND DULY ADOPTED by an extraordinary(majority plus one)
vote this day of ,2025.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA
&Comptroller
By: By:
Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
Scott R. Teach
Deputy County Attorney
fT
ct
Page 4 of 4
Underlined text is added;st+usli-thfeugh text is deleted.
I
T COGRrce c Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel
eg c Collier County, Florida
''v 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324
n *
o \o Phone: (239) 252-2646
< ��'R cocN-0%v'
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-9 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.
( f nt n e)
(Af ant Printe 'Name)
Sworn to and subscribed before me this 03/27/2025
_ °Crystal K.Kinzel Clerk of the Circuit Court&
;Comptroller
.. \ittlab:L.". \)(jc.? _..-
eputy Clerk Sign 'ure)
n,a, avrct_ 3 �7 as--
(Deputy Clerk Printed a e) ate
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 126-30, 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.
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 ww collierc unrytl.go\ ur-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.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
c`x.cti1 couk>.t
s o Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel
rg
a Collier County, Florida
x 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324
�o `oP 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-9 Cent Fuel Tax-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.
(Af ant Si na r
(Af.kant Printed Na e)
Sworn to and subsc ibed before me this 03/27/2025
-._- Crystal K. Kinzel Clerk of the Circuit Court&
Comptroller
puty Clerk Signature)
MAXtk- Irrk -3to7a0�5
(Deputy Clerk Printed me) D
OLL/F+
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rUUy�y
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 126-30, 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.
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;
E The proposed ordinance relates to the issuance or refinancing of debt;
l The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
E 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
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-
32 to remediate a technicality to meet the timing provision outlined in Florida
Statute 336.021(5), "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 Ninth-Cent 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 Ninth-Cent Fuel Tax produces approximately $1.9 million annually. 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 initial levy of the
Ninth-Cent Fuel Tax. The proposed Ordinance will simply reimpose and extend the
existing Ninth-Cent Fuel Tax. The County doesn't anticipate any additional
regulatory costs in the reimposition of the Ninth-Cent 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 2022-32 amending Ordinance No.
2003-34 providing for reimposition of the Ninth-Cent 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 enactment's inconsistent
timing with Florida Statute provisions under 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." 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 Ninth-Cent Local Option Fuel
Tax.
Fuel Station data was provided by the Collier County Solid & Hazardous Waste
Management Division.
3