Ordinance 96-34e~ef~ ~" AN ORDINANCE OF COLLIER COUNTY, FLORIDA, ~'
of Board ~ ' .'
' RELATZNG TO A ONE-HALF OF ONE PERCENT LOCAL
'\~z~.:~ GOVERNMENT INFRASTRUCTURE DISCRETIONARY SALES
.. ::._.... SURTAX TO FUND THE ACQUISITION OF LAND AS
GREEN SPACE; PROVIDING FINDINGS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR THE LEVY OF A
ONE-HALF OF ONE PERCENT LOCAL GOVERNMENT
DISCRETIONARY SALES SURTAX FOR A PERIOD OF
FOUR (4) YEARS, SUBJECT TO REFERENDUM
APPROVAL, PURSUANT TO THE PROVISIONS OF
SECTION 212.055(2), FLORIDA STATUTES, WHICH
AUTHORIZES A LOCAL GOVERNMENT INFRASTRUCTURE
DISCRETIONARY SALES SURTAX; PROVIDING FOR
DISTRIBUTION OF THE ONE-HALF OF ONE PERCENT
LOCAL GOVERNMENT INFRASTRUCTURE DISCRETIONARY
SALES SURTAX$ PROVIDING A GENERAL DESCRIPTION
OF INFRASTRUCTURE TO BE FUNDED~ PROVIDING FOR
THE SUNSET (TERMINATION) OF THIS ORDINANCE
AFTER THE FOUR (4) YEAR PERIOD~ PROVIDING FOR
A REFERENDUM ELECTION TO BE HELD ON NOVEMBER
5, ~996; PROVIDING FOR CONSTRUCTION AND
INTENT; PROVIDINC FOR NOTIFICATIONS TO BE MADE
BY THE CLERK~ PROVIDING FOR THE PERIOD OF TAX
COLLECTION; PROVIDING FOR THE CREATION OF THE
LAND ACQUISITION ADVISORY 8OARD; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 14, 1996 the Board of County Commissioners
heard a presentation by a committee organized by State
Representative Burr L. Saunders for obtaining funding to acquire
land primarily in and around the urban areas of Collier County to
preserve as green space; and
WHEREAS, the land to be acquired would be for the purposes as
set forth in Section 212.055{2), Florida Statutes, to preserve the
biodiversity, air and water quality, groundwater recharge, flood
control, aesthetics, providing passive recreation areas and
density reduction; and
WHEREAS, the purpose of preserving the green space is to
maintain and enhance the quality of life in Collier County; and
WHEREAS, the Board of County Commissioners has determined
that a one-half of one percent discretionary sales surtax may be
the appropriate funding source for acquiring lands for green
space.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1
j~ FINDINGS.
The Board of County Commissioners of Collier County hereby
makes the following findings:
(a) Section 212.055(2), Florida Statutes, which provides for
the Local Government Infrastructure Discretionary Sales
Surtax, authorizes the levy of a discretionary sales
surtax of one-half of one percent, subject to referendum
approval, to finance, plan and construct infrastructure
and'to acquire land for public recreation or
conservation or protection of natural resources. The
infrastructure shall mean any fixed capital expenditure
or fixed capital outlay associated with the
construction, reconstruction, or improvement of public
facilities which have a life expectancy of five or more
years and any land acquisition, land improvement,
design, and engineering costs related thereto.
(b) The levy of this additional one-half of one percent
local government infrastructure discretionary sales
surtax is selected by a majority of the Board as an
appropriate way to fund land acquisition as set forth in
Section 212.055(2), Florida Statutes, for biodiversity,
passive recreation, preservation of air and water
quality, groundwater recharge, flood control, aesthetics
and density reduction.
SECTION TWO[ DEFINITIONS.
The following words or phrases as used in this Ordinance
shall have the following meanings unless provided otherwise in
this Ordinance:
"Collier County Urban Areas" or "urban areas of Collier County"
shall mean the Urban Residential Areas as shown on the Future Land
Use Map in the Collier County Comprehensive Plan and the Urban
Residential Areas as shown on the Future Land Use }tap of the
Golden Gate Master Plan.
SECTION THREEI LEVY OF LOCAL GOVERNMENT INFRASTRUCTURE
DISCRETIONARY SALES SURTAX.
A one-half of one percent (.5%) local government
infrastructure discretionary sales surtax shall be levied
throughout Collier County, Florida, for a period of four (4)
years, beginning February 1, 1997, pursuant to the provisions of
Section 212.055(2), Florida Statutes, subject to approval by a
majority of electors of Collier County voting in a referendum
election on the surtax.
SECTION FOUR| DISTRIBUTION OF LOCAL GOVERNMENT INFRASTRUCTURE
DISCRETIONARY SALES SURTAX.
The proceeds of the Local Government Infrastructure
Discretionary Sales Surtax shall be distributed according to one
of the following methods=
(1) An interlocal agreement between the Board of County
Commissioners, the governing bodies of the municipalities
representing a majority of the County's municipal population.
Said interlocal agreement shall provide a formula for the
distribution of the proceeds of the Local Government
Infrastructure Discretionary Sales Surtax for the municipalities
to receive that will be used by the municipalities to acquire
lands for the purposes set forth in Section Five of this
Ordinance.
(2) If there is no interlocal agreement, distribution of the
proceeds of the Local Government Infrastructure Discretionary
Sales Surtax shall be according to the formula provided in Section
218.62, Florida Statutes.
~ECTION FIVE~ GENERAL DESCRIPTION OF INFRASTRUCTURE TO BE FUNDED.
The infrastructure to be funded by the one-half of one
percent local government infrastructure discretionary sales surtax
is comprised of acquiring lands primarily in and around the urban
areas of Collier County from willing sellers for the purposes as
set forth in Section 212.055(2), Florida Statutes, to preserve the
biodiversity, air and water quality, groundwater recharge, flood
3
control, aesthetics, providing passive recreation areas and
density reduction.
J_F~T~Ta]I_J/X~ SUNSET (TERMINATION) OF ORDINANCE.
This Ordinance and any ordinance amending this Ordinance
shall expire, terminate and no longer exist after January 31,
2001.
SECTION SEVENz REFERENDUM ELECTION CALLED.
A referendum election shall be called by the Board of County
Commissioners'by separate Resolution for November 5, 1996 for the
purpose of submitting to the qualified electors of Collier County
the question of whether the lev~ of a one-half of one percent
Local Government Infrastructure Sales Surtax shall be approved for
the purposes contained in t~is Ordinance.
SECTION EIGHTz CONSTRUCTION AND INTENT.
(1) The provisions of this Ordinance shall be construed in
pari materia with Section 212.055~2), Florida Statutes.
(2) It is further the intent of this Ordinance that the
terms and provisions of this Ordinance and Section 212.055(2),
Florida Statutes, shall be construed liberally to achieve the
purposes as set forth in Section 212.055(2), Florida Statutes, of
funding the acquisition of lands primarily in and around the urban
areas of Collier County to preserve the biodiversity, air and
water quality, groundwater recharge, flood control, aesthetics,
prrvide passive recreation areas and density reduction.
sEcTIoN NINEz NOTIFICATIONS BY CLERK.
(1) The Clerk to the Board of County Commissioners shall
immediately notify the Supervisor of Elections of the adoption of
this Ordinance and the Resolution calling the referendum election
to be held on November 5, 1996 and shall transmit a certified copy
of this Ordinance and the Resolution to the 'Supervisor of
Elections.
(2) The Clerk to the Board of County Commissioners shall
notify the State of Florida Department of Revenue within 10 days
4
after the adoption of this Ordinance. The notice shall include
the proposed date of February 1, 1997 on which collection of the
surtax will commence, the time period during which the surtax will
be effective, the rate, a copy of this Ordinance, and such other
information as the Department of Revenue may prescribe by rule.
(3) The Clerk to the Board of County Commissioners shall
immediately notify the State of Florida Department of Revenue of
the results of the referendum election provided for herein.
~ PERIOD OF TAX COLLECTION.
The collection of the Local Government Infrastructure
Discretional7 Sales Surtax shall be for a period of four (4) years
commencing on February 1, 1997 and ending on January 31, 2001.
SECTION ELEVENx CREATION OF THE LAND ACQUISITION ADVISORY BOARD.
The Board of County Commissioners shall adopt an Ordinance
creating the Land Acquisition Advisory Board to provide
recommendations to the Board of County Commissioners on the
rankings of sites to be acquired, specific site assessments, and
to prepare a budget for the capital expenditures of the funds
collected by the one-half of one percent surtax.
2BCTIONTWELVEz 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 THIRTEENz 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, if approved by the qualified electors of Collier County
voting in a referendum election to be held on November 5, 1996.
The sections of this Ordinance may be tenumbered or relettered to
accomplish such, and the work "ordinance" may be changed to
"section", "article", or any other appropriate word.
SECTION FOURTEEN| EFFECTIVE DATE.
This Ordinance shall become effective upon filing this
Ordinance with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this J-f'day of Q~j ..,
1996.
~jTEST: . "', BOXRD O~ COrmT~ COM}!ISSIONERS
,'DWIGHT E,.'B~CK, CLERK COLLIER COUNTY, FLORIDA
j
i .:; ' °'. ' L "' ~
.. 'Approvsd:as':'.t~ form and
legal SufI'.i'elency:
County Attorney
This ordlncr~ filed with
Secreta~/of Stc~te's Office
end acknowledgemen, of t~at
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. 96-34
Which was adopted by the Board of County Commissioners on the 25th day
of June, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 26th day of June, 1996.
DWIGHT E. BROCK ,'" " '.
Clerk of Courts and' c~'erk" "'-
Ex-officio to Board.. of . -....
County Commissioners.-'
:
Deputy Clerk '.. ' "' -'
,