Okaloosa County BOCC — November 16, 2013 — ORDINANCE NO. 2013 Additional 5 cent — reading text

ORDINANCE NO. AN ORDINANCE OF OKALOOSA COUNTY, FLORIDA PROVIDING FOR THE LEVY OF AN ADDITIONAL FIVE CENTS OF THE LOCAL OPTION GAS TAX UPON EVERY GALLON OF MOTOR FUEL SOLD IN OKALOOSA COUNTY AND TAXED UNDER THE PROVISIONS OF PART I OF CHAPER 206, FLORIDA STATUTES; PROVIDING FOR THE AMOUNT OF SAID TAX; PROVIDING FOR THE PERIOD OF TIME FOR WHICH THE TAX SHALL BE IMPOSED; PROVIDING FOR THE DISTRIBUTION AND UTILIZATION OF SAID TAX; PROVIDING AN EFFECTIVE DATE AND REPEALING ALL ORDINANCES, OR PROVISIONS THEREOF, IN CONFLICT HEREWITH. WHEREAS, Okaloosa County has heretofore adopted a six cent local option gas tax in accordance with the provisions of Section 336.025(1)(a), Florida Statutes, and WHEREAS, there continues to be a major shortfall in the funding available to meet the requirements of the capital improvement element of the adopted comprehensive plan or for expenditures to meet immediate local transportation problems, and WHEREAS, this implementation of an additional 5-cent local option fuel tax upon every gallon of motor fuel sold in Okaloosa County is necessary and the most equitable mechanism for funding essential transportation needs. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, as follows: SECTION 1. AUTHORITY. This Ordinance is authorized by Section 336.025(1)(b) and Chapter 206, Florida Statutes. SECTION 2. IMPOSITION OF ADDITIONAL FIVE CENT LOCAL OPTION GAS TAX. Pursuant to the Authority of Section 336.025(1)(b), Florida Statutes, there is hereby imposed an additional five cents of local option gas tax upon every gallon of motor fuel sold in Okaloosa County and taxed under the provisions of part I of Chapter 206. SECTION 3. EFFECTIVE PERIOD OF TAX. The imposition of additional 5-cent local option gas tax imposed hereby shall be effective from January 1, 2014 through December 31, 2044. SECTION 4. DISTRIBUTION OF THE ADDITIONAL TAX. The local option gas tax imposed hereby shall be distributed to the county and all eligible municipalities in accordance with the provisions of Section 336.025, Florida Statutes. SECTION 5. USE OF FUNDS. The funds generated by the tax hereby imposed shall be utilized for transportation expenditures needed to meet the requirements of the capital improvements element of the adopted comprehensive plan or for expenditures needed to meet immediate local transportation problems and for other transportation- related expenditures that are critical for building comprehensive roadway networks by local governments. SECTION 6. SEVERABILITY. It is declared to be the intent of the Okaloosa County Board of Commissioners that if any section, subsection, sentence, clause, phrase, or provision of this Ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining provisions of this Ordinance. SECTION 7. EFFECTIVE DATE. A certified copy of this Ordinance as enacted shall be filed by the Clerk of the Board with the office of the Department of State of the State of Florida and the Department of Revenue of the State of Florida within ten (10) days after enactment and this Ordinance shall take effect January 1, 2014, DULY PASSED AND ADOPTED in regular session by a majority plus one vote of the membership of the Board of County Commissioners of Okaloosa County, Florida, this the ____ day of _________, 2013. OKALOOSA COUNTY, FLORIDA __________________________ DON R. AMUNDS Chairman ATTEST: ____________________ DON W. HOWARD Clerk of Circuit Court