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Ordinance 91-081 ORDINANCE NO. 91- 81 AN ORDINANCE ADOPTED UNDER THE EMERGENCY ENACTMENT PROCEDURE PROVIDED IN SECTION 125.66, FLORIDA STATUTES, TO STATE THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS AS TO THE EFFECTIVE DATE OF COLLIER COUNTY ORDINA~NCE NO. 90-43 RELATING TO THE IMPOSITION OF THE TOURIST DEVELOPMENT TAX AUTHORIZED IN SECTION 125 0104, FLORIDA STATUTES; RATIFYING AND CURING ANY A]4BIGUITY AS TO THE EFFECTIVE DATE OF COLLIER COUNTY ORDINANCE NO. 90-43 RETROACTIVE TO THE ORIGINAL EFFECTIVE DATE OF COLLIER COUNTY ORDINANCE NO. 90-43; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DECLARATIONS AND FINDINGS It is hereby ascertained, determined, declared and found that: A. Collier County Ordinance No. 90-43 was enacted to levy, impose and set a three percent tourist development tax throughout Collier County pursuant to The Local Option Tourist Development Act, Chapter 125.0104, Florida Statutes. B. The individual members sitting as the Collier County Board of Commissioners at the time Collier County Ordinance No. 90-43 was enacted are one and the same individuals as presently sitting as the Collier County Board of Commissioners. C. It was at the time of enactment (adoption) of Collier County Ordinance No. 90-43, and continues to be, the intent of the Board of County Commissioners that said ordinance be enacted in conformance with The Local Option Tourist Development Act, Section 125.0104, Florida Statutes. D. Since no ordinance enacted by any county levying a tourist development tax shall take effect until the ordinance levying and imposing the tax has been approved in a referendum election by a majority of the electors voting therein, it was the intent of the Board of County Commissioners at the time of the adoption of Collier County Ordinance No. 90-43, and continues to be the intent of the Board, that Collier County 0'45 409 - 1 - Words underlined are added; words ~'u~k-t~h~'~u~h are deleted. Ordinance No. 90-43 be filed with the Office of Secretary of State, Florida. Department of State within 10 days after enactment pursuant, to. the regular enactment procedure of Section 125.66, Florid~~- Statutes, and that if the levy was approved by 5--majority iof electors voting on the question contained in'the ordinance as filed, the ordinance shall be deemed to be in effect pursuant to the express requirement of Section 125.0104(6) (c), Florida Statutes. E. Collier County ordinance No. 90-43 was properly filed with the Florida Department of State within 10 days after enactment. F. An election as required by the Local option Tourist Development Act has been held in Collier County to consider the substance of Collier County Ordinance No. 90-43 and overwhelmingly passed by roughly a two to one margin. The election was held after the filing of Collier County Ordinance No. 90-43 with the Florida Department of State as required by Section 125.66, Florida Statutes. G. In the proceedings filed by Collier County seeking to validate bonds payable from its tourist development tax, the State Attorney has urged the Court, on jurisdictional grounds, not to hear the Complaint for Validation on the premise that Section Twelve of Collier County Ordinance No. 90-43 should be construed as to require a second ~l~nq of Collier County Ordinance No. 90-43 with the Florida Department of State after a majority of electors voting on the referendum question contained in the ordinance have approved the levy. H. This emergency ordinance is adopted to state that it originally was and has always been the intent of the Board of Commissioners to comply with the regular enactment provisions of Section 125.66 and file Collier County Ordinance No. 90-43 with the Florida Department of State within 10 days after enactment, and to prescribe in a manner consistent with and pursuant to both Sections 125.66 and 125.0104(6) (c), Florida Statutes, that Collier County Ordinance No. 90-43 shall be 410 Words underlined are added; words s~-th~o~h are deleted. deemed to be in effect thereafter upon approval by a majority of the electors voting on the referendum questicn stated in the ordinance. I. Section 125.0104(6) (c) expressly provides that if a majority of the electors vote to approve the referendum question, such as the one contained in Collier County Ordinance No. 90-43, the ordinance "shall be deemed to be in effect." J. The "second filing" argument of the State Attorney results in the interpretation of a condition precedent to the effective date of Collier County Ordinance No. 90-43 that is inconsistent with the general law provisions of Section 125.66, Florida Statutes, which provides the only regular enactment procedure for county ordinances, and Section 125.0104(6) (c), Florida Statutes, which provides the effective date of any ordinance imposing the authorized tourist development tax. K. The "second filing" argument of the State Attorney is inconsistent with and contrary to the stated original legislative intent contained in this ordinance and to the ratification and clarification of the effective date of Collier County Ordinance No. 90-43 contained in this ordinance. L. Pursuant to its power of self government provided in Article VIII, Section 1, of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, it is the intent of the Board of County Commissioners to state by the adoption of this ordinance its legislative intent as to the effective date of Collier County Ordinance No. 90-43. M. Pursuant to its power of self government as provided in Article VIII, Section 1, of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, it is the further intent of the Board of County Commissioners to cure any ambiguity as to the effective date of Collier County Ordinance No. 90-43 retroactive to the enactment date of Collier County Ordinance No. 90-43 in ratification of the original legislative intent of the Board to be cdnsistent with Section 125.0104(6) (c), Florida Statutes. Words ~Dderline~ are added; words s~k-~h~h are deleted. SECTION 2. AMENDMENT TO SECTION TWELVE OF COLLIER COUNTY ORDINANCE NO. 90-43 Section Twelve of Collier County Ordinance No. 90-43 is hereby amended to read as follows: SECTION TWELVE: EFFECTIVE DATE The effective date of this ordinance shall be immediately upon its being filed with the Office of the Secretary of State in Tallahassee, Florida, following approval of the ordinance by referendum election, held for the purpose of approving or rejecting this ordinance, by a majority of the electors voting in such referendum election. In other words, a certified cody of this ordinance shall be filed with the Florida Department of State within 10 days a~ter enactment, but thi~ rd' a s DQ% b~ deemed ~o be .effective until., after a majority electQrs votinq on the q~estio~ contained in the ordinanc~ ~pprQvcd the referendum question. There sha~ b~ reauirement for the ordinance to be filed with th~ QffiG~ of the Secretary of State, Florida Department of State after approval of the ordinance bv referendum election. Upon approval by referendum, a certified copy of this ordinance shall be furnished to the Department of Revenue, State of Florida. The effective date of the levy and imposition of the tax shall be the first day of the second month following approval of this ordinance by the above-referenced referendum election. SECTION 3. AMENDMENT RATIFIED AND CONFORMED AS OF THE DATE OF ENACTMENT OF ORDINANCE NO. 90-43 The curative amendment to the original effective date provisions in Section Twelve of Collier County Ordinance No. 90-43 provided in Section 2 of this ordinance is hereby ratified and conformed as of the enactment date of Collier County Ordinance No. 90-43. SECTION 4. SEVEP3%BILITY The provisions of this Ordinance are severable; and if any section, subsection ,sentence, clause, or provision is held Words underlined are added; words s~ue~-~h~eu~h are deleted. invalid by any court of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby. S~CTION 5. DECLARATION OF EMERGENCY The Board declares the enactment of this Ordinance an emergency and that immediate enactment of same is necessary in order to place before the Court in the pending validation proceedings the information contained herein, to clarify the Board of County Commissioners' intent and to adopt ratifying legislation with retroactive application; all in order to avoid severe and damaging consequences which emanate from an attempted reading of Section Twelve of Collier County Ordinance No. '90-43 in a manner not intended by the County Commission. The Board hereby waives notice requirements by at least a four-~ifths vote of the membership of the commission in accordance 'wi'th Section 125.66(3), Florida Statutes. SECTION 6. EFFECTIVE DATE OF THIS ORDINANCE Pursuant to Section 125.66(3), Florida Statutes, this ordinance shall be deemed to be filed and shall take effect when a copy has been accepted by the postal authorities of the government of the United States for special delivery by registered mail to the Department of State. PASSED AND DULY ADOPTED UNANIMOUSLY BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, this 20th day of AuKust 1991. ~AMES C...GILE'~, Clerk BOARD OF COUNTY COMMISSIONERS ~., .,. OF COLLIER COUNTY, FLORIDA ' .~. By: . ~. -/ . / PATRICIA ANNE GOODNIGH~ Chairman Approved as to form and This o~h,~'~'fll~ legal sufficiency: Secre~ of ~ate'$ · and ock~wledge~?~ ~r'~ n d a C W~lson gl! Assistant County Attorney ' Words ~der~ined are added; words s~ru~k-~hrough are deleted. STATE OF FLORIDA ) COUNTY 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. 91-81 which was adopted by the Board of County Commissioners via Emergency Procedures on the 20th day of August, 19'91, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day'of August, 1991. JAMES C. GILES ..- Clerk of Courts and clerk Ex-officio to Board of-.' County Commissioners Deputy Clerk