Ordinance 84-46flEO£1VED
ORDINANCE NO. 84-46
OI~DINANCE PURS~Ah'T TO SECTION
FLORIDA STATUTES, PROVIDING FOR THE
0Z~o$ITIo. oF ~s ~ou~ C~T ~
~ S~ECI~ ~ SO~ IN COLLIE~ CO~
~ T~ ~~E PR~ISIONS OF C~TER
W[L~[AM J.8~&~ 206, ~ORIDA $TA~ESI PROVIDING
OE~RK 0F ~0AR0 SA~D T~ S~L BE EFFE~IVE SEPT~ 1,
90EL[ER COUNTY. YEOR[DI984, FOR A PERIOD NOT TO ~CE~ FIVE
Y~I PR~IDINO FOR COLLECTION ~ DIS-
~IB~ION OF ~E T~ ~ PROVIDING FOR
USE OF R~ESI REPE~ING O~IN~CE 83-26~
PROVIDING SEVE~ILI~I PROVIDING FOR
EFFECTIVE DATE.
~ER~, Chi Plorida Le~iala~ure, in special session in 1983,
enac~e~ ~ec~ion ~6.02~, ~lori~a ~a~u~ea, provi~ing ~or ~he le~ o~ a
local op~ion gas ~ax on motor ~uel an~ ~pecial fuel; and
~EE~, Section 336.02~ provides for ~he levy of up ~o four cents
local op~ion gas ~ax upon every gallon o~ motor fuel and special ~uel
sol~ in Collier County, Florida, and ~axsd under ~he provisions
Chapter 206, ~lori~a S~a~u~es; and
~E~, Collier County has a~op~e~ a ~ive-Year Secondary Road
Pro,ram ~. under~aEe needed Coun~2 arterial roa~ projects; and
~EE~S, prepara~ion o~ Fiscal Year 1984-1~8~
inau~icien~ gas ~ax revenues ~o continue curren~ and planned road
improvements; and
~ERE,~, the Board of County Co~isstoners has i~ediate'~ ~'
contractual road const~ction obligations per County ResolutiOn ~o.r~:
-,,
83-31 to undertake and to complete specific roadway improvem~ta wh~
requires 8as tax revenues in amounts 8rearer than sas tax re~nues~
currently availablel and
~ER~S, delays in undertakin8 specific roadway improvements
outlined in the Secondary Road Program will result in increased road
const~ction expenditures and result in a decrease in the level of road
se~ice o~ County arterial roadwaysl and
~S, i~ is dete~ined by ~he Board of County C~issioners of
Collie~ County that the le~ of the four cent local option sas tax upon
eva~ ~allon of motor fuel and special fuel sold in Collier County
necessa~ to fund const~ction of transportation facilities, and repair
and ~intenanee of transportation facilities, all of ~ich are necessa~
~o pt~e the ~blie health, safety, and welfare of the citisens of and
visitors ~o Collier ~tF, Florida.
NOW, THEP~FOP.~, BE IT ORDAINED BY ~IE BOARD OF COU~T~
I~ has been deCe'~ned by a~ lease s four-~ifcho (~/5)
Board o~ County Co~solonero o~ Collier County, Florida ~ha~
o~ Oho four cen~ local option Sas ~ax on ever~ Sallcn o~ ms,or ~uel and
special fuel sold in Collier and taxed under the provisions of ~ap~er
206, Florida Sca~uCeo, is necesoaW co fund major ~ransporca~on
facili~ief and improvements and ~o repair and maintain
~ransporCa~ion facil~ies. ~e le~ of ~he four cent local option Sas
~ax is da~e~ined ~o bo necessary ~o promote ~he public hea~h,
and velfare of ~he citizens of and vis~ors ~o Collier County, Florida.
SE~ION 2t Le~ of the Local Option Gas Tax
~ere is hereby imposed a four cent local option Sas c~ upon eve~
8allon of ms,or fuel and special fuel sold in Collier County and ~axed
under ~he provis~ons of Chapter 206, Florida SCa~u~es, as provided
Section 336.O~, Florida S~acu~es.
SE~ION 3= Effective Da~e of Local Option Gas Tax
~e four cen= local op=ion gas =ax shall be imposed effective
September 1, 1984, for a period no~ ~o exceed five years. Upon
expiration, ~he local option gas tax may be reimposed provided tha~ a
rede~e~ina~ion of =he me=hod of discribu=ion shall be ~de as provided
in Sec=ion 336.02~, Florida S~a=u~es.
SECTION ~: Collec~io. and Dis~ribu~ion of Local Op=ion Gas Tax~ Use
Local Option Gas Tax Revenue
The four cen~ local option sas csx shall be =ollec=ed in ~he same
~nner aa all other sas ~axes pursuan~ ~o ~ap~er 206, Florida
S~a~u~es. ~e dis=ribucion of the local option $as ~ax shall be
pursuan~ =o in~erlocal a8reemenc with one or more of ~he ~nicipali~ies
located within Collier Coun=y representing a majority of ~he
incorpora~ed area population vichin Collier Coun=y, which in~erlocal
a~reesen~ shall provide a distribution fo~ula for dividin8 ~he proceeds
fr~ ~he ~x a~on~ Collier County and all eligible municipali~ies within
Collier County. If an incerlocal a8reamen~ is no~ executed purauan~
~ec~ion 336.02~, Florida $ca~u~es, prior ~o July 15, 198A, ~he proceeds
of the tax shall bi distributed among Collier County and eligible
municipalities based on the transportation expenditures of each lot the
£1vl fiscal liars preceding the year in which Chi tax il authorized, as
a proportion o£ the total of such expenditures for Collier County and
all municipalities within Collier County, pursuant co the provisions of
Section 336.023, ~lortda gestures.
~he revenues iron the four cent local option gas csx shall be used
for "transportation expenditures" as provided in Section 336.025,
~lorid& gtacutes.
S~'TION 5:
Ordinence ~o. $)-~ is hereby repealed, effective as of Scpte=ber
1,
SECT~O~ ~: Severabilit~
In the event this Ordinance conflicts with any other ordinance o!
Collier County or other applicable law, the more restrictive shall
apply. Ii any phrase or portion of this Ordinance is held invalid or
unconsCituCio~al by any court of competent ~uriediction, such portion
shall be deemed a separste~ distinct and independent provision and such
holding shall nsc affect the validity of the remaining portion.
SECTION 7: Effective Date
A certifi, ! copy of this Ordinance, as enacted, shell be filed by
the Clerk of the Board with the Department of State of the State of
Florida~ aa soon after enactment aa is practicable by depositing the
sams rich Cbt postal authorities of the government of the United States
for special delivery by certified mall, postage prepaid, co the Florida
Department of SCats.
This Ordinance shall become effective upon becoaint lay.
PASSED AND DtrL¥ ADOPTED by the Board of County Commissioners o~ ~ollier
County, Florida this 17Ch day of July, 1981.
BOARD OF COUNTY CONHISSlO~ERS
COLLIER COUNTY, FLORIDA
DAVID C.'BRO~N, Chairman
STATE OF FLORXDA
COUNTY OF COLLXE~ )
I~ WILLIAN Jo REAOAN, Clark of Courts in and for the
~eentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is · true origina! o£~
ORDINA~CB NOo 84-46
which was &dopted by the Board of County Conissioners
during Regul&r Session the 17th day of July, 1984.
WIde'ES8 Iy hand and the official seal of the Board of
County Co~ualaaloners of Collier County, Florida, this 18th
day o£ July, 1984o