Ordinance 91-081 ORDINANCE NO. 91- 81
AN ORDINANCE ADOPTED UNDER THE EMERGENCY
ENACTMENT PROCEDURE PROVIDED IN SECTION
125.66, FLORIDA STATUTES, TO STATE THE
INTENT OF THE BOARD OF COUNTY COMMISSIONERS
AS TO THE EFFECTIVE DATE OF COLLIER COUNTY
ORDINA~NCE NO. 90-43 RELATING TO THE
IMPOSITION OF THE TOURIST DEVELOPMENT TAX
AUTHORIZED IN SECTION 125 0104, FLORIDA
STATUTES; RATIFYING AND CURING ANY
A]4BIGUITY AS TO THE EFFECTIVE DATE OF
COLLIER COUNTY ORDINANCE NO. 90-43
RETROACTIVE TO THE ORIGINAL EFFECTIVE DATE
OF COLLIER COUNTY ORDINANCE NO. 90-43;
PROVIDING FOR SEVERABILITY; DECLARING AN
EMERGENCY; PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION 1. DECLARATIONS AND FINDINGS
It is hereby ascertained, determined, declared and found
that:
A. Collier County Ordinance No. 90-43 was enacted to
levy, impose and set a three percent tourist development tax
throughout Collier County pursuant to The Local Option Tourist
Development Act, Chapter 125.0104, Florida Statutes.
B. The individual members sitting as the Collier County
Board of Commissioners at the time Collier County Ordinance No.
90-43 was enacted are one and the same individuals as presently
sitting as the Collier County Board of Commissioners.
C. It was at the time of enactment (adoption) of Collier
County Ordinance No. 90-43, and continues to be, the intent of
the Board of County Commissioners that said ordinance be
enacted in conformance with The Local Option Tourist
Development Act, Section 125.0104, Florida Statutes.
D. Since no ordinance enacted by any county levying a
tourist development tax shall take effect until the ordinance
levying and imposing the tax has been approved in a referendum
election by a majority of the electors voting therein, it was
the intent of the Board of County Commissioners at the time of
the adoption of Collier County Ordinance No. 90-43, and
continues to be the intent of the Board, that Collier County
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Words underlined are added; words ~'u~k-t~h~'~u~h are deleted.
Ordinance No. 90-43 be filed with the Office of Secretary of
State, Florida. Department of State within 10 days after
enactment pursuant, to. the regular enactment procedure of
Section 125.66, Florid~~- Statutes, and that if the levy was
approved by 5--majority iof electors voting on the question
contained in'the ordinance as filed, the ordinance shall be
deemed to be in effect pursuant to the express requirement of
Section 125.0104(6) (c), Florida Statutes.
E. Collier County ordinance No. 90-43 was properly filed
with the Florida Department of State within 10 days after
enactment.
F. An election as required by the Local option Tourist
Development Act has been held in Collier County to consider the
substance of Collier County Ordinance No. 90-43 and
overwhelmingly passed by roughly a two to one margin. The
election was held after the filing of Collier County Ordinance
No. 90-43 with the Florida Department of State as required by
Section 125.66, Florida Statutes.
G. In the proceedings filed by Collier County seeking to
validate bonds payable from its tourist development tax, the
State Attorney has urged the Court, on jurisdictional grounds,
not to hear the Complaint for Validation on the premise that
Section Twelve of Collier County Ordinance No. 90-43 should be
construed as to require a second ~l~nq of Collier County
Ordinance No. 90-43 with the Florida Department of State after
a majority of electors voting on the referendum question
contained in the ordinance have approved the levy.
H. This emergency ordinance is adopted to state that it
originally was and has always been the intent of the Board of
Commissioners to comply with the regular enactment provisions
of Section 125.66 and file Collier County Ordinance No. 90-43
with the Florida Department of State within 10 days after
enactment, and to prescribe in a manner consistent with and
pursuant to both Sections 125.66 and 125.0104(6) (c), Florida
Statutes, that Collier County Ordinance No. 90-43 shall be
410
Words underlined are added; words s~-th~o~h are deleted.
deemed to be in effect thereafter upon approval by a majority
of the electors voting on the referendum questicn stated in the
ordinance.
I. Section 125.0104(6) (c) expressly provides that if a
majority of the electors vote to approve the referendum
question, such as the one contained in Collier County Ordinance
No. 90-43, the ordinance "shall be deemed to be in effect."
J. The "second filing" argument of the State Attorney
results in the interpretation of a condition precedent to the
effective date of Collier County Ordinance No. 90-43 that is
inconsistent with the general law provisions of Section 125.66,
Florida Statutes, which provides the only regular enactment
procedure for county ordinances, and Section 125.0104(6) (c),
Florida Statutes, which provides the effective date of any
ordinance imposing the authorized tourist development tax.
K. The "second filing" argument of the State Attorney is
inconsistent with and contrary to the stated original
legislative intent contained in this ordinance and to the
ratification and clarification of the effective date of Collier
County Ordinance No. 90-43 contained in this ordinance.
L. Pursuant to its power of self government provided in
Article VIII, Section 1, of the Florida Constitution, and
Sections 125.01 and 125.66, Florida Statutes, it is the intent
of the Board of County Commissioners to state by the adoption
of this ordinance its legislative intent as to the effective
date of Collier County Ordinance No. 90-43.
M. Pursuant to its power of self government as provided
in Article VIII, Section 1, of the Florida Constitution, and
Sections 125.01 and 125.66, Florida Statutes, it is the further
intent of the Board of County Commissioners to cure any
ambiguity as to the effective date of Collier County Ordinance
No. 90-43 retroactive to the enactment date of Collier County
Ordinance No. 90-43 in ratification of the original legislative
intent of the Board to be cdnsistent with Section
125.0104(6) (c), Florida Statutes.
Words ~Dderline~ are added; words s~k-~h~h are deleted.
SECTION 2. AMENDMENT TO SECTION TWELVE OF COLLIER
COUNTY ORDINANCE NO. 90-43
Section Twelve of Collier County Ordinance No. 90-43 is
hereby amended to read as follows:
SECTION TWELVE: EFFECTIVE DATE
The effective date of this ordinance shall be immediately upon
its being filed with the Office of the Secretary of State in
Tallahassee, Florida, following approval of the ordinance by
referendum election, held for the purpose of approving or
rejecting this ordinance, by a majority of the electors voting
in such referendum election. In other words, a certified cody
of this ordinance shall be filed with the Florida Department of
State within 10 days a~ter enactment, but thi~ rd' a s
DQ% b~ deemed ~o be .effective until., after a majority
electQrs votinq on the q~estio~ contained in the ordinanc~
~pprQvcd the referendum question. There sha~ b~
reauirement for the ordinance to be filed with th~ QffiG~ of
the Secretary of State, Florida Department of State after
approval of the ordinance bv referendum election. Upon
approval by referendum, a certified copy of this ordinance
shall be furnished to the Department of Revenue, State of
Florida. The effective date of the levy and imposition of the
tax shall be the first day of the second month following
approval of this ordinance by the above-referenced referendum
election.
SECTION 3. AMENDMENT RATIFIED AND CONFORMED AS OF THE
DATE OF ENACTMENT OF ORDINANCE NO. 90-43
The curative amendment to the original effective date
provisions in Section Twelve of Collier County Ordinance No.
90-43 provided in Section 2 of this ordinance is hereby
ratified and conformed as of the enactment date of Collier
County Ordinance No. 90-43.
SECTION 4. SEVEP3%BILITY
The provisions of this Ordinance are severable; and if any
section, subsection ,sentence, clause, or provision is held
Words underlined are added; words s~ue~-~h~eu~h are deleted.
invalid by any court of competent jurisdiction, the remaining
provisions of this Ordinance shall not be affected thereby.
S~CTION 5. DECLARATION OF EMERGENCY
The Board declares the enactment of this Ordinance an
emergency and that immediate enactment of same is necessary in
order to place before the Court in the pending validation
proceedings the information contained herein, to clarify the
Board of County Commissioners' intent and to adopt ratifying
legislation with retroactive application; all in order to avoid
severe and damaging consequences which emanate from an
attempted reading of Section Twelve of Collier County Ordinance
No. '90-43 in a manner not intended by the County Commission.
The Board hereby waives notice requirements by at least a
four-~ifths vote of the membership of the commission in
accordance 'wi'th Section 125.66(3), Florida Statutes.
SECTION 6. EFFECTIVE DATE OF THIS ORDINANCE
Pursuant to Section 125.66(3), Florida Statutes, this
ordinance shall be deemed to be filed and shall take effect
when a copy has been accepted by the postal authorities of the
government of the United States for special delivery by
registered mail to the Department of State.
PASSED AND DULY ADOPTED UNANIMOUSLY BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, this 20th day of
AuKust 1991.
~AMES C...GILE'~, Clerk BOARD OF COUNTY COMMISSIONERS
~., .,. OF COLLIER COUNTY, FLORIDA
' .~. By: .
~. -/ . / PATRICIA ANNE GOODNIGH~
Chairman
Approved as to form and This o~h,~'~'fll~
legal sufficiency:
Secre~ of ~ate'$
· and ock~wledge~?~
~r'~ n d a C W~lson gl!
Assistant County Attorney '
Words ~der~ined are added; words s~ru~k-~hrough are deleted.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, 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. 91-81
which was adopted by the Board of County Commissioners via
Emergency Procedures on the 20th day of August, 19'91, during
Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day'of August, 1991.
JAMES C. GILES ..-
Clerk of Courts and clerk
Ex-officio to Board of-.'
County Commissioners
Deputy Clerk