Ordinance 92-035 ORDINANCE NO. 92- 35
EMERGENCY ORDINANCE AHENDING AND SUPERSEDINg?' ~ '1~
~ COUNTY ORDINANCE NO. 87-17 RELATING TO~]
MAINTENANCE, AND REGULATION OF WATER~
VESSELS REGISTERED, OPERATED, OR STORED IN~" --
WATERS WITHIN THE JURISDICTION OF COLLIE~
COUNTY; PROVIDING FOR COLLECTION OF FEE [~
PROVIDING COLLECTION FEE/PAYMENT SCHEDULE}"'
PROVIDING FOR THE ALLOCATION AND EXPENDITURE OF
FEES; P~OVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDIN~ A DECLAR~.TION OF EMERGENCY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, it is desirable that Collier County uollect and
expend funds for the patrol, regulation and maintenance of its
waters and for other boating-related activities of the County;
WHE]~EAS, Section 327.22 (2}, Florida Statutes, was amended
in 1984 to provide that any county of one hundred thousand
· (100,000) persons or more may impose an annual registration fee
on vessels registered, operated, or stored in its Jurisdiction;
:~ and
W~EREAS, Collier County presently has a population of more
than 152,000 persons; and
WHE]~EAS, the above statute prescribes that such annual
registration fee shall be fifty percent (50%) of the applicable
~ State registration fee~ and
WHEREAS, Collier County adopted Ordinance No. 87-17 in 1987
implementing a County registration fee pursuant to Sections
327.22 and 327.25, Florida Statutes; and
WHEREAS, Section 327.25, Florida Statutes was amended by the
Florida Legislature in 1991 increasing the state vessel regis-
tration fees effective with the registration and reregistration
~" of vessels for Fiscal Year 1992-1993~ and
WHEREAS~ it is appropriate and necessary for Ordinance No.
87-17 to be amended and superseded to provide for the change in
the State vessel registration fees to be reflected in the County
vessel registration fees, as provided and required by the afore-
mentioned statutes; and
WHEREAS, the applicable State vessel registration certifi-
cate fee, pursuant to Section 327.25, F.S. (amended 1991) is
currently as follows:
Class A-1 - less than 12 feet in length, and all canoes
to which propulsion motors have been attached, regardless of
length ...................... $ 3.50
Class A-2 - 12 feet or more and less than 16 feet in
length ...................... $ 10.50
Class I - 16 feet or more and less
than 26 feet in length .............. $ 18.50
Class 2 - 26 feet or more and less
than 40 feet in length .............. $ 50.50
Class 3 - 40 feet or more and less
than 65 feet in length .............. $ 82.50
Class 4 - 65 feet or more and less
than 110 feet in length ............. $ 98.50
Claes 5 - 110 feet or more in length .... $122.50
Dealer registration certificate ....... $ 16.50
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COHMISSIONERS OF COLLIER COUNt, FLORIDA, that:
~. IMPOSITION OF COLLIER COUNTY VESSEL
REGIS~RATION FEE
Those vessels stored or operated within the Jurisdiction of
Collier Co~J~ty, Florida which are required by law to be
registered with the State of. Florida shall be subject to a County
vessel registration fee which shall be in the amount of fifty
percent (50%) of the currently.applicable State registration
certificate fee, and will be added to the current State fee, and
will be as follows:
Class A-1 - less than 12 feet in length, and all canoes
to which propulsion motors have been attached, regardless
of length ..................... $ 1.75
Class A-2 - 12 feet or more and less
than 16 feet in. length .............. 5.25
Class 1 - 16 feet or more and less
than 26 feet in length ............. 9.25
Class 2 - 26 feet or more and less
than 40 feet in length .............. 25.25
Class 3 - 40 feet or more and less
than 65 feet in length .............. 41.25
Class 4 - 65 feet or more and less
than 110 feet in length ............. 49.25
Cla~s 5 - 110 feet or more in length .... 61.25
Dealer registration certificate ....... 8.25
The Collier County vessel registration fees shall be and
reflect fifty (50%) percent of the State vessel registration fees
as set forth in Section 327.25, Florida Statutes, and as it may
be amended hereafter.
~. COLLECTION OF FEE.
The County vessel registration fee shall be collected by the
Tax Collector at the time of State vessel registration beginning
on June 1, 1992.
~. COLLECTION FEE PAYMENT/SCHEDULE.
The Tax Collector shall be paid a collection fee, in
accordance with Section 192.091, Florida Statutes, and this
Ordinance which provides for:
1. Ten (10%) percent on the first $5,000.00 of County
vessel registration fees collected;
2. Five (5%) percent on the next $5,000.00 of County vessel
registration fees collected;
3. Three (3%) percent on County vessel registration fees
collected in excess of $10,000.
~~_Q~. ALLOCATION AND EXPENDITURE OF FEES.
As required by Section 327.22, Florida Statutes, the first
One Dollar ($1.00) of every registration fee imposed hereunder
shall be remitted to the State of Florida for deposit in the
Motor Boat Revolving Trust Fund for expenditure solely on
activities relating to the preservation of manatees.
All other funds (after payment to the Tax Collector and the
Motor Boat Revolving Trust Fund) shall be expended for the
patrol, regulation, and maintenance of the lakes, rivers, or
waters and for other boating-related activities in Collier
County, Florida.
~u~. COLLIER COUNTY ORDINANCE NO. 87-17 AMENDED
AND SUPERSEDED.
Collier County Ordinance No. 87-17 is hereby amended and
Superseded in its entirety upon the adoption of this ordinance.
~. 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.
~. DECLARATION OF EMERGENCY.
The Board of County Commissioners hereby finds that it is in
the best interests of the citizens and residents of Collier
County to update Ordinance No. 87-17 by ordinance rather than by
resolution and to implement said ordinance prior to June 1, 1992.
'The Board hereby declares that an emergency ex~sts and that
immediate enactment of this Ordinance is necessary, and by no
less than a four-fifths (4/Sths) vote of the membership of the
Board does hereby waive notice of intent to consider this
Ordinance
~. EFFECTIVE DATE.
A certified copy of this Ordinance, as enacted, shall be
filed by the Clerk of the Board with the Department of State of
the State of Florida, as soon after enactment as is practicable
by depositing the same with the postal authorities of the
government of the United States for special delivery by
registered mail, postage prepaid, to the Florida Department of
State.
4
This Ordinance shall become effective as provided in Sec=ion
125.66(3), Florida Statutes.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this ~ day of May, 1992.
~ATTEST: '" BOARD OF COUNTY COMMISSIONERS
At..JAMES C. GILES. - .)' Clerk COLLIER COUNTY, FLORIDA
, , ,
· MICHAEL J/ V~LP~
legal: .suf£icien~
Assistant County At~ornsy
ar~ ocknc~w~eclgen~.~t of~
STATE OF FLORIDA
COUNT~ 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. 92-35
.'/ which was adopted by the Board of County Commissioners on
~;' the 26th day of May, 1992, during Regular Session.
WITNESS my hand and ~he official seal of the Board of
i:[ County Commissioners of Collier County, Florida, this 2Sth
~ day of May, 1992.
JAMES C. GILES
~:: Clerk of Courts and Cleric~ "
Ex-offic~o to Board of. ,:.'
County Commissioners '~'-'
Deputy Clerk 'I;" '