Ordinance 99-40 ORDINANCE NO. 99
~INANCE PU~U~T TO SECTION 336.025, FLO~DA
~TUTES, PROVIDING FOR THE ~IMPOSITION
~XTENSION OF LE~ OF THE SIX CENTS LOC~ OPTION
?~UEL T~ UPON E~RY G~LON OF MOTOR ~EL
~?~.~.':~':~';~DIESEL FUEL SOLD IN COLLIER COUN~ ~D T~D
UNDER THE PRO~SIONS OF CRATER 206, FLO~DA
STATUTES; PRODDING FOR TITLE ~D CITATION;
PRODDING FINDINGS ~D PU~OSE; PRODDING THE
EFFECTIVE DATE OF ~IMPOSITION ~D EXTENSION OF
LOC~ OPTION .FUEL T~ ~D D~TION; PROVIDING FOR
COLLECTION ~D DIST~BUTION OF LOC~ OPTION ~EL
T~ ~D PRODDING FOR USE OF LOC~ OPTION ~EL
T~ ~VENUES; PRODDING FOR INCLUSION IN THE CODE
OF LAWS ~D O~IN~CES; PRODDING FOR CONVICT
~D SEVE~ILITY; PROVIDING FOR SUPE~EDING OF
O~IN~CE NO. 89-27; ~D PRODDING
DATE.
WHEREAS, Section 336.025, Florida Statutes, provides for the levy of up to six cents
local option fuel tax upon every gallon of motor fuel and diesel fuel sold in a county and taxed
under the provisions of Chapter 206, Florida Statutes; and
WHEREAS, Collier County imposed the six cents local option fuel tax by the adoption of
Ordinance No. 89-27, known as "Collier County Six Cents Local Option Gas Tax Ordinance;"
and
WHEREAS, Section 336.025, Florida Statutes, provides that levies of the local option
fuel tax which were in effect on July 1, 1996, and which expire on August 31 of any year may bc
rcimposed effective September 1 of the year of expiration; and
WHEREAS, upon expiration, the tax may bc rClcvied provided that a redotermination of
the method of distribution is made as provided in Section 336.025, Florida Statutes; and
WHEREAS, such tax levied pursuant to Section 336.025, Florida Statutes, may bc
extended by adoption of an ordinance on a majority vote of the governing body of the county;
and
WHEREAS, Collier County has adopted a Five-Year Secondary Road Program to
undertake needed County arterial road projects; and
WHEREAS, preparation of Fiscal Year 1999-2000 budgets confirms the need of fuel tax
revenues to continue current and planned road improvements; and
WHEREAS, delays in undertaking specific roadway improvements outlined in the
Secondary Road Program due to insufficient fuel tax revenues will result in increased road
construction expenditures and result in a decrease in the level of road service on County arterial
roadways; and
WHEREAS, it is determined by the Board of County Commissioners of Collier County
that the levy of the Six Cents Local Option Fuel Tax upon every gallon of motor fuel and diesel
fuel sold in Collier County is necessary to fund construction of transportation facilities, and
repair and maintenance of transportation facilities, all of which are necessary to promote the
public health, safety, and welfare of the citizens of and visitors to Collier County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLHER COUNTY, FLORIDA that:
F~,,F, LTAD_~: TITLE AND CITATION
This Ordinance shall be known and cited as the "Collier County Six Cents Local Option
Fuel Tax Ordinance."
~TJA.Q]L~: FINDINGS AND PURPOSE
It has been determined by majority vote of the Board of County Commissioners of
Collier County, Florida, that the levy of the Six Cents Local Option Fuel Tax on every gallon of
motor fuel and diesel fuel sold in Collier County and taxed under the provisions of Chapter 206,
Florida Statutes, is necessary to fund major transportation facilities and improvements and to
repair and maintain existing transportation facilities. The levy of the Six Cents Local Option
Fuel Tax is determined to be necessary to promote the public health, safety, and welfare of the
citizens of and visitors to Collier County, Florida.
~.,XLO.~t_a: LEVY OF THE LOCAL OPTION FUEL TAX
There is hereby established, levied and imposed the Six Cents Local Option 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, as provided in Section 336.025, Florida Statutes.
F~T,.XLQ~t_4: EFFECTIVE DATE OF REIMPOSITION AND EXTENSION OF
LOCAL OPTION FUEL TAX AND DURATION
The Six Cents Local Option Fuel Tax shall be extended effective September 1, 1999 for a
period of sixteen (16) years to expire on August 31, 2015.
SECTION 5: COLLECTION AND DISTRIBUTION OF LOCAL OPTION FUEl,
TAX: USE OF LOCAL OPTION FUEL TAX REVENUES
The Six Cents Local Option Fuel Tax shall be collected in the same manner as all other
fuel taxes pursuant to Chapter 206, Florida Statutes. The distribution of the local option fuel tax
revenues shall be pursuant to interlocal agreement with one or more of the municipalities located
within Collier County representing a majority of the population of the incorporated areas within
Collier County, which interlocal agreement shall provide a distribution formula for dividing the
entire proceeds of the tax among Collier County and all eligible municipalities within Collier
County. If an interlocal agreement is not executed pursuant to Section 336.025, Florida Statutes,
prior to July 1, 1999, the proceeds of the tax shall be distributed among Collier County and
eligible municipalities based on the transportation expenditures of each for the five fiscal years
preceding the year in which the tax is authorized, as a proportion of the total of such expenditures
Page 2 of 3
for Collier County and all municipalities within Collier County, pursuant to the provisions of
Section 336.025, Florida Statutes.
The revenues from the Six Cents Local Option Fuel Tax shall be used for "transportation
expenditures" as provided in Section 336.025, Florida Statutes.
,~,_CT.i.Qi~: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance may be changed to "section", "article", or
any other appropriate word.
~.,_C2.]D_]L/: 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 the 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.
This Ordinance supersedes Ordinance No. 89-27, adopted on May 9, 1989, upon its
termination on August 31, 1999.
F~,.C.3~: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~'~ day o~T"Y'Y~'q ,1999.
~,, BOARD OF COUNTY COMMISSIONERS
~ATTEST: :'~
; :!, ,, OF COLLIER COUNTY, FLORIDA
.D . .OH'r !:BP OCK, CLERK
~ ~Y . ~ . By:
Co~ A~omey ~ c~
h:ew/e~in~19~/Six C~t ~1 ~on ~el Tu
Page 3 of 3
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 99-40
Which was adopted by the Board of County Commissioners on the
25th day of May, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 25th day of May,
1999.
DWIGHT E. BROCK ..~ ..... = .
Clerk of Courts and!'~Clerk !~i!=~'.~,'.'~'~
Deputy Clerk = ~' "~:~.~ ~, '.= ~''=