Florida Second Gas Tax Extension, Amendment 12 (1964)

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The Florida Second Gas Tax Extension Amendment, also known as Amendment 12, was a legislatively-referred constitutional amendment in Florida which was defeated on the ballot on November 3, 1964.

This amendment sought to modify Article IX of the Florida Constitution to extend funding for the "State Road Distribution Trust Fund" through 2018.[1]

Election results

Florida Amendment 12 (1964)
ResultVotesPercentage
Defeatedd No667,11473.02%
Yes 246,443 26.98%

Election results via: Florida Secretary of State

Text of measure

The language that appeared on the ballot:

NO. 12—CONSTITUTIONAL AMENDMENT TO ARTICLE IX,
SECTION 16

Extending period of time for Second Gas Tax—Proposing an amendment to Article IX, Section 16 of the Florida Constitution relating to distribution and use of gasoline and like taxes, increasing from 50 to 75 years from January 1, 1943, the period during which proceeds of the Second Gas Tax shall be placed in the "State Road Distribution Trust Fund."[2][3]

Constitutional changes

Section 16. Board of Administration; Gasoline and Like Taxes, Distribution and Use; Etc.

(a) That beginning January 1, 1943, and for seventy-five (75) years thereafter, the proceeds of two (2) cents per gallon of the total tax levied by state law upon gasoline and other like products of petroleum, now known as the Second Gas Tax, and upon other fuels used to propel motor vehicles, shall as collected be placed monthly in the "State Road Distribution Trust Fund" in the State Treasury and divided into three (3) equal parts which shall be distributed monthly among the several counties as follows: one part according to area, one part according to population, and one part according to the counties' contributions to the cost of state road construction in the ratio of distribution as provided in Chapter 15659, Laws of Florida, Acts of 1931, and for the purpose of the apportionment based on the counties' contributions for the cost of state road construction, the amount of the contributions established by the certificates made in 1931 pursuant to said Chapter 15659, shall be taken and deemed conclusive in computing the monthly amounts distributable according to said contributions. Such funds so distributed shall be administered by the State Board of Administration as hereinafter provided.

(b) The Governor as chairman, the State Treasurer, and the State Comptroller shall constitute a body corporate to be known as the "State Board of Administration," which board shall succeed to all the power, control and authority of the statutory Board of Administration. Said Board shall have, in addition to such powers as may be conferred upon it by law, the management, control and supervision of the proceeds of said two (2) cents of said taxes and all monies and other assets which on the effective date of this amendment are applicable or may become applicable to the bonds of the several counties of this state, or any special road and bridge district, or other special taxing district thereof, issued prior to July 1, 1931, for road and bridge purposes. The word "bonds" as used herein shall include bonds, time warrants, notes and other forms of indebtedness issued for road and bridge purposes by any county or special road and bridge district or other special taxing district, outstanding on July 1, 1931, or any refunding issues thereof. Said Board shall have the statutory powers of Boards of County Commissioners and Bond Trustees and of any other authority of special road and bridge districts, and other special taxing districts thereof with regard to said bonds, (except that the power to levy ad valorem taxes is expressly withheld from said Board), and shall take over all papers, documents and records concerning the same. Said board shall have the power from time to time to issue refunding bonds to mature within the said seventy-five (75) year period, for any of said outstanding bonds or interest thereon, and to secure them by a pledge of anticipated receipts from such gasoline or other fuel taxes to be distributed to such county as herein provided, but not at a greater rate of interest than said bonds now bear; and to issue, sell or exchange on behalf of any county or unit for the sole purpose of retiring said bonds issued by such county, or special road and bridge district, or other special taxing district thereof, gasoline or other fuel tax anticipation certificates bearing interest at not more than three per cent (3%) per annum in such denominations and maturing at such time within the seventy-five (75) year period as the board may determine. In addition to exercising the powers now provided by statute for the investment of sinking funds, said Board may use the sinking funds created for said bonds of any county or special road and bridge district, or other unit hereunder, to purchase the matured or maturing bonds participating herein of any other county or any other special road and bridge district, or other special taxing district thereof, provided that as to said matured bonds, the value thereof as an investment shall be the price paid therefor, which shall not exceed the par value plus accrued interest, and that said investment shall bear interest at the rate of three per cent (3%) per annum.

(c) The said board shall annually use said funds in each county account, first, to pay current principal and interest maturing, if any, of said bonds and gasoline or other fuel tax anticipation certificates of such county or special road and bridge district, or other special taxing district thereof; second, to establish a sinking fund account to meet future requirements of said bonds and gasoline or other fuel tax anticipation certificates where it appears the anticipated income for any year or years will not equal scheduled payments thereon; and third, any remaining balance out of the proceeds of said two (2) cents of said taxes shall monthly during the year be remitted by said board as follows: Eighty per cent (80%) to the State Road Department for the construction or reconstruction of state roads and bridges within the county, or for the lease or purchase of bridges connecting state highways within the county, and twenty per cent (20%) to the Board of County Commissioners of such county for use on roads and bridges therein.

(d) Said board shall have the power to make and enforce all rules and regulations necessary to the full exercise of the powers hereby granted and no legislation shall be required to render this amendment of full force and operating effect from and after January 1, 1965. The Legislature shall continue the levies of said taxes during the life of this Amendment, and shall not enact any law having the effect of withdrawing the proceeds of said two (2) cents of said taxes from the operation of this amendment. The board shall pay refunding expenses and other expenses for services rendered specifically for, or which are properly chargeable to, the account of any county from funds distributed to such county; but general expenses of the board for services rendered all the counties alike shall be prorated among them and paid out of said funds on the same basis said tax proceeds are distributed among the several counties; provided, report of said expenses shall be made to each Regular Session of the Legislature, and the Legislature may limit the expenses of the board.[1]

Path to the ballot

  • The amendment was placed on the ballot by House Joint Resolution 921 of 1963.
  • The amendment was filed with the Secretary of State on May 21, 1963.[1]

See also

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External links

References

  1. 1.0 1.1 1.2 Florida Constitution Revision Commission, "Amendments, Election of 11-3-64"
  2. Ocala Star-Banner, "Automatic Voting Machine Sample Ballot," October 26, 1964
  3. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.