Ordinance 2022-32 ORDINANCE NO. 2022 - 3 2
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
2003-34, ALSO CITED AS THE CODE OF LAWS AND ORDINANCES OF
COLLIER COUNTY SECTION 126-30, PURSUANT TO SECTION
336.021, FLORIDA STATUTES, PROVIDING FOR THE REIMPOSITION
OF THE NINTH CENT FUEL TAX UPON EVERY GALLON OF MOTOR
FUEL AND DIESEL FUEL SOLD IN COLLIER COUNTY UPON ITS
EXPIRATION ON DECEMBER 31, 2025, EFFECTIVE JANUARY 1, 2026,
UP TO AND INCLUDING DECEMBER 31, 2055, WHICH IS TAXED
UNDER CHAPTER 206, FLORIDA STATUTES; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND, PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 336.021, Florida Statutes, provides for the levy of the additional
Ninth Cent Fuel Tax upon every gallon of motor fuel and special fuel sold in a county and taxed
under the provisions of Chapter 206, Florida Statutes; and
WHEREAS, the levy of this additional one cent ($.01) fuel tax was originally approved
by a vote of the electorate by a referendum held on March 11, 1980; and
WHEREAS, a Resolution providing for the levy of the Ninth Cent Fuel Tax was
approved by the Board of County Commissioners effective June 1, 1980; and
WHEREAS, on June 3, 1980, Collier County enacted Ordinance No. 80-50 providing for
the levy of the Ninth Cent Fuel Tax with a 30 year expiration as set forth in the above-referenced
referendum; and
WHEREAS, on March 11, 2003, the Board of County Commissioners approved, by
extraordinary vote, extending the levy of the Ninth Cent Fuel Tax through and including
December 31, 2025; and
WHEREAS, Collier County has identified through its current five-year Transportation
Capital Improvement Element ("CIE") plan that there is a projected shortfall in excess of$200
million to undertake needed County transportation road projects; and
WHEREAS, Collier County's approved Transportation CIE plan is predicated on
bonding available fuel tax revenues; and
WHEREAS, the revenues received from a reimposition of the additional Ninth Cent Fuel
Tax would provide funding for debt service related to future transportation-related financing, and
allow excess funding to be programmed annually for pay as you go transportation network
capital and maintenance projects, all within the definition of "transportation expenditures"
needed to meet the requirements of the County's CIE plan; and
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WHEREAS, delays in undertaking specific roadway improvements outlined in the
County's road Transportation CIE would result in increased future road construction
expenditures and a decrease in the level of service on County roadways, thereby causing
increased congestion; and
WHEREAS, it is determined by the Board of County Commissioners that the
reimposition of the levy of the additional Ninth Cent Fuel Tax upon every gallon of motor fuel
and diesel fuel sold in Collier County is necessary to finance construction of needed
transportation facilities, and therefore fulfills a public purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDING ORDINANCE NO. 2003-34
Ordinance No. 2003-34, also cited as Section 126-30 of the Collier County Code of Laws
and Ordinances, is hereby amended to read as follows:
Section One: Levy of the tax.
1. The levy and imposition of a tax of the additional "Ninth Cent Fuel Tax" upon
every gallon of motor fuel and special diesel fuel sold in Collier County and taxed
under the provisions of F.S. ch. Chapter 206, Florida Statutes, for the purpose of
paying the cost of transportation expenditures as described in F.S. § 336.025(7),
shall hereby continue to be collected up to and including the year 2025. Upon
expiration, any extension of the additional ninth cent fuel tax may be imposed as
provided by law. The extension of the ninth cent fuel tax as provided herein shall
be considered a reimposition of such tax from the date hereof through and
including December 31, 2025. Upon the expiration of the current levy on
December 31, 2025, the Ninth Cent Fuel Tax upon every gallon of motor fuel and
diesel fuel sold in Collier County shall be reimposed and levied effective January
1, 2026, so there is no "gap" or"lapse" in the collection of the tax from its current
expiration date, through and including December 31, 2055. A redetermination of
the method of distribution has been made, as provided in F.S. § 336.025 or as
otherwise provided by law.
2. Collier County shall have the option of shortening the time of collection of the
"Ninth Cent Fuel Tax" by an amending ordinance.
Section Two: Extension/Reimposition of the tax.
Said extension of the tax is imposed effective January 1, 200'1, up to and
including the year of 2025, terminating on December 31, 2025. Upon termination
of the current tax extension on December 31, 2025, the Ninth Cent Fuel Tax shall
be reimposed and levied commencing January 1, 2026, through and including
December 31, 2055.
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SECTION TWO: 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 THREE: 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. The sections of this Ordinance may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by an extraordinary vote this 12th day of
July, 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA
& Comptroller_ _
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By: 0By: `�_ J_
"M�eputy,Cler' t Wil,' m L. McDaniel, Jr., Chairman
Attest as '
Si
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This or-Jrrart
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Approved as to form and legality: an, ac nosa
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Scott R. Teach
Deputy County Attorney
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
July 18, 2022
Martha S. Vergara, BMR & VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Martha Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2022-32, which was filed in this office on July 18, 2022.
Sincerely,
Anya Owens
Program Administrator
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270