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Resolution 2005-129 RESOLUTION NO. 2005--l..2.9 A RESOLUTION OF THE .BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTING ENACTMENT INTO LAW PROPOSED FLORIDA SENATE BILL 1940, WHICH ALLOWS COUNTIES TO IMPLEMENT THE 1-5 CENT LOCAL OPTION FUEL TAX BY SIMPLE MAJORITY VOTE, AND FLORIDA HOUSE BILL 1461, WHICH ALLOWS COUNTIES TO INDEX LOCAL OPTION FUEL TAXES TO ANNUAL ADJUSTMENTS IN THE CONSUMER PRICE INDEX; ELIMINATES EXISTING PROVISIONS DEDUCTING CERTAIN STATE GOVERNMENT SERVICE CHARGES AND ADMINISTRATIVE COSTS FROM FUEL TAX PROCEEDS AND DIRECTS THOSE MONIES TO THE COUNTY INCENTIVE GRANT PROGRAM, EXCEPT FOR THE INCREASED NET REVENUE FOR THE 1-5 CENT LOCAL OPTION FUEL TAX, WHICH IS RETURNED DIRECTLY TO THE COUNTY LEVYING THE TAX; PROVIDES ADDITIONAL FUNDING TO THE COUNTY INCENTIVE GRANT PROGRAM BY DIRECTING THIRTY PERCENT OF REVENUES GENERATED FROM THE STATE'S ONE-HUNDRED DOLLAR INITIAL VEHICLE REGISTRATION FEE TO THE PROGRAM; AND EXPANDS THE AUTHORIZED USE OF THE 1-5 CENT LOCAL OPTION FUEL TAX TO INCLUDE TRANSPORTATION OPERATIONS AND MAINTENANCE ACTIVIES. WHEREAS, proposed Florida Senate Bill 1940, if enacted, would amend Section 336.025, Florida Statutes, reducing the vote requirement for adopting an ordinance to levy the 1-5 Cent Local Option Fuel Tax from a majority plus one vote to a simple majority vote of the governing body of the county, thereby strengthening the ability of the Board of County Commissioners to raise critically needed revenue to fund transportation capital improvement projects necessitated by growth; and WHEREAS, proposed Florida House Bill 1461, if enacted, would amend Section 206.41, Florida Statutes, providing for annual adjustments by county ordinance of the ninth-cent fuel tax rate and the 1-5 Cent and 1-6 Cent Local Option Fuel Tax rates based on the annual percentage change in the average Consumer Price Index, thereby empowering counties to generate additional revenues in response to rising costs associated with the construction of growth-necessitated transportation capital facilities; and WHEREAS, proposed Florida House Bill 1461, if enacted, ~ould amend Sections Statutes, which amendments: (1) would delete provisions deducting certain State service charges 206.606,206.608,206.875,206.9845,206.9945, 212.0501, 206.879, 215.22 and 336.025, Florida Page I of 3 and administrative costs from proceeds deposited into the Fuel Tax Collection Trust Fund, the State and Local Alternative Fuel User Fee Clearing Trust Funds and the Local Option Fuel Tax Trust Fund; (2) would exempt certain additional taxes and trust funds from required appropriations of a seven percent service charge to the General Revenue Fund; and (3) would, in the view of the Florida Association of Counties, direct the increase in net revenues resulting from these amendments to fund the County Incentive Grant Program, except for the increase in net revenue to the 1-5 Cent Local Option Fuel Tax, which would be returned directly to the county levying the tax, thereby enhancing State and local funding of vital transportation programs; and WHEREAS. proposed Florida House Bill 1461, if enacted, would amend Section 320.072, Florida Statutes, directing thirty percent of the revenue generated from the State's one- hundred dollar initial vehicle registration fee to the County Incentive Grant Program; and WHEREAS, proposed Florida House Bill 1461, if enacted, would amend Section 336.025, Florida Statutes, defining the term "transportation expenditures" as it relates to the 1-5 Cent Local Option Fuel Tax, to include expenditures for transportation operations and maintenance activities, thereby expanding the scope of authorized uses of said funds and increasing the county's flexibility in budgeting for transportation-related expenditures. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners of Collier County, Florida enthusiastically supports enactment into law proposed Florida Senate Bill 1940 and Florida House Bill 1461, because the proposed legislation would significantly increase State and local funding for transportation-related capital improvement projects, as well as operations and maintenance programs, and would increase fiscal and administrative flexibility for the county's senior management personnel and elected officials. 2. The Board of County Commissioners of Collier County, Florida, requests that its Local Legislative Delegation advocate that the proposed Bills be enacted into law. Page 2 of 3 THIS RESOLUTION ADOPTED after motion, second and majority vote in favor of adoption this 'Z.1r\Jdayof M <l\ V' c' k ,2005. co ,'~;J{I~>"'_ T' '. ATTES" ...... ',' ,. .:.' . ~'.." ..' ~ . .. - . Dw.rGHJ'E.;!3Rqf=~ gERK ~. "t.. '''11'' '.........~.. ,- " ~~. . ,..... /,.,,":'tl ,!~;~,.,<,u,,~\, ~ ~i : c~:r c';" .;'.,~:; Biz'.:"'.: .,.;'tir~qjJo, It ;'~~""'~'~~Jo~lC~rk . ,.~"(lllit"""OIll. ... "J" \. ~ 0' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '-f'l_~W, ~ By: FRED W. COYLE, Chairman Ap rove and e I Jeffr Assis Page 3 of 3 - ------.--.--",.- .<..