Ordinance 93-48 O~X~C~ ~0. 93-48
ORDINANCE PURSUANT TO SECTION 336.025,
FLORIDA STATUTES, PROVIDING FOR THE
IMPOSITION OF FIVE CENTS OF ADDITIONAL
LOCAL OPTION GAS ..TAX UPON EVERY GALLON OF
MOTOR FUEL SOLD "IN COLLIER COUNTY AND
TAXED UNDER PROVISIONS OF PART I OF
CHAPTER 206, FLORIDA STATUTES~ PROVIDING ~ ~ '"-r~
FOR TITLE AND CITATION; PROVIDING
FINDINGS AND PURPOSE; PROVIDING FOR LEVY
OF ADDITIONAL 5-CENT LOCAL OPTION GAS o ~.:'
TAX; PROVIDING EFFECTIVE DATE OF
IMPOSITION OF TAX~ DURATION; PROVIDING
FOR COLLECTION AND DISTRIBUTION OF TAX~
USE OF REVENUES; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
~HEREAS, the Florida Legislature, in special session in
1993 amended Section 336.025, Florida Statutes, to provide
for the levy of an Additional Local Option Gas Tax on motor
fuels and
..WHEREAS, Section 336.025(1){b), Florida Statutes,
provides for the levy of up to five cents of Additional
Local Option Gas Tax upon every gallon of motor fuel sold in
collier County, Florida, and taxed under the provisions of
Part I of Chapter 206, Florida Statutes; and
WHEREAS, Collier County has adopted a Five Year
Seoondary Road Program to undertake needed County arterial
and collector road proJects~ and
.... _..WHEREAS, preparation of Fiscal Year 1993-1994 budgets
conf~.rms l~su~ficient revenues for capitai road
con~ruction; and
WHEREAS, delays in undertaking specific roadway
improvements outlined in the Secondary Road Program will
result in increased future road construction expenditures
a~result in a decrease in the level of service on County
arterial and collector roadways; and
WHEREAS, it is determined by the Eoard of County
Commissioners of Collier County that the levy of five (5)
cents of Additional Local Option Gas Tax upon every gallon
of motor fuel sold in Collier County is necessary to fund
construction of transportation facilities, and necessary to
--1--
promote the public health, safety and welfare of the
citizens of and visitors to Collier County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE HOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION 1. TITL~ ~RD CITATION.
This Ordinance shall be known and may be cited as the
#Collier County Additional 5-Cent Local Option Gas Tax
Ordinance."
It has been determined by at least a four-fi~ths (4/5)
vote of the Board of County Commissioners of Collier County,
Florida, that the levy of the Additional 5-Cent Local Option
Gas Tax on every gallon of motor fuel sold in Collier County
and taxed under the provisions of Part I of Chapter 206,
Florida Statutes, is necessary for transportation
expenditures needed to meet the requirements of the capital
improvements element of the Collier County adopted
Comprehensive Plan. The levy of the Additional 5-Cent Local
Option Gas Tax is determined to be necessary to promote the
public health, safety and welfare of the citizens of and
visitors to Collier County, Florida. This tax is in
addition to the Local Option Gas Taxes levied pursuant to
Collier County Ordinance No. 89-27.
SECTION 3. LEVY OF ~DDITION]%L 5-CENT LOCAL OPTION GAS TAX.
There is hereby established, levied and imposed the
Additional §-Cent Local Option Gas Tax, in the amount of 5
cents per gallon, upon every gallon of motor fuel sold in
Collier County and taxed under the provisions of Part I of
Chapter 206, Florida Statutes, as provided in Section
3~6.025, Florida Statutes.
BECTION 4. EFFECT~ D~T~ OF IMPOSITION OF GAS TAX;
DURATION.
The Additional 5-Cent Local Option Gas Tax shall be
imposed effective January 1, 1994, for a period of ten (10)
years. Upon expiration, the Additional Local option Gas Tax
may bm reimposad by ordinance provided that a
redetermination of the method of distribution shall bs made
as provided in Section 336.025, Florida Statutes.
SZCTION $o COLLECTION ~ND DISTRIBUTION OF T~X~ USE OF
REFEN~EB.
The Additional 5-Cent Local Option Gas Tax shall be
collected in the same manner as all other gas taxes pursuant
to Chapter 206, Florida Statutes. The distribution of the
Additional 5-Cent Local Option Gas Tax shall be pursuant to
interlocal agreement with one or more of the municipalities
located within Collier County representing a majority of the
population of the incorporated area within Collier County,
which interlocal agreement shall provide a distribution
formula for dividing the proceeds from the tax among Collier
County and all eligible municipalities within Collier
County. If an interlocal agreement is not executed pursuant
to Section 336.025, Florida Statutes, the proceeds of the
tax shall be distributed among Collier Count}, and eligible
municipalities based on the transportation expenditures of
each for the five fiscal years immediately preceding the
year in which the tax is authorized, as a proportion of the
total of such expenditures for Collier County and all
municipalities within Collier County, pursuamt to the
provisions of Section 336.025, Florida Statutes.
The revenues from the Additional 5-Cent Local Option Gas
Tax shall be used for "transportation expenditures" as
provided by and defined in Section 336.025, Florida
Statutes.
The proceeds of the Additional 5-Cent Local Option Gas
Tax that pertain and shall be distributed to Collier County
shall not be used for any Collier County roads or road
improvements that are not concurrency required in FY94.
SECTION 6o CONFLICT AND SEV~JtSILZTY
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, ~he
more restrictive shall apply. If any phrase or portion of
this Ordinance is held invalid or unconstitutional by any
cour~ of competent Jurisdiction, such portion shall be
deemed a separate, distinct an independent provision and
such holding shall not affect the validity of the remaining
portion.
SZCTXON ?. EFFECTIVB D~TB.
This Ordinance shall become effective upon receipt of
not~ce from the Secre~a~ of State that th~s Ordinance has
~en filed wl~ ~e Secreta~ of State.
PASSED ~D D~Y ~ED by the Board of County
Co~is~oners of Collier County, Florida, th[. __~'~day of
BRO~, Clerk BO~ OF CO~ CO~ISSION~S
B~T'L. SANDERS, Chai~an
Approved aS'to fo~ and
legal
David C. Wefge~ .~ta~ of State's Office
~sistant Co~y Atto~ey /~d~ of~,
iii' sTATE OF FLORIDA )
"':'-'COUNTY OF COLLIER )
' ' I, DWIOHT g. BROCK, Clark of Courts In and for the
~- Twentieth Judlctal Circuit, Collier County, Florida, do
~-... hereby certify that the foregoing ts a true copy of=
"~ .... 0rdinanca No. 93-48
:~ · which wee adopted by the Board of County Commissioners on
the 3rd day of Auguat, ~993, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commiaaloners of Collier County, Florida, this 2.0th
day of August, 1993.
DWIGHT E. BROCK .... '. · -
Cl.rk of court, and cl.r~.V~'.~"'~?,., --- '%. '..
EX-OffiCiO to Board of
County Comm~ss~oner~
-- Deputy Clerk
"~ /;? {7; ~'~ ''~