Item Q4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 16. 2003
Division:
County Administrator
Bulk Item: Yes
No -X-
Department: County Administrator
AGENDA ITEM WORDING:
Discussion of request by various municipalities that the County consider new sharing arrangements for
gas taxes.
ITEM BACKGROUND:
Various municipalities have passed Resolutions asking the County to consider sharing more gas tax
funds. There has been recognition that the County has no legal obligation to do so. The enclosed
summary has been prepared by the County Attorney's office.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
The BOCC should not approve the sharing of additional funds since gas taxes are totally programmed in
the Seven- Year Road/Bridge and Bike Path Capital Plan.
TOTAL COST:
Unknown
BUDGETED: Yes
No
COST TO COUNTY:
Unknown
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No --; /AMOUNT PER MONTH_ Year_
APPROVED BY: County Atty O[il'MBlPurchasinglt- Risk Management _
DIVISION DIRECTOR APPROVAL: ~ ---- ~~ {
James L. Roberts
DOCUMENTATION:
Included X
To Follow
Not Required_
AGENDAITEM#~
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AUTHORITY TO LEVY FUEL TAXES
206.41 State taxes imposed on motorfuel.-
(1) The following taxes are imposed on motor fuel under the circumstances described in subsection (6):
(a) An excise or license tax of 2 cents per net gallon, which is the tax as levied by s. 16, Art. IX of the State
Constitution of 1885, as amended, and continued by s. 9(c), Art. XII of the 1968 State Constitution, as
amended, which is therein referred to as the "second gas tax," and which is hereby designated the
"constitutional fuel tax."
(b) An additional tax of 1 cent per net gallon, which is designated as the "county fuel tax" and which shall
be used for the purposes described in s. 206.60.
(c) An additional tax of 1 cent per net gallon, which is designated as the "municipal fuel tax" and which
shall be used for the purposes described in s. 206.605.
(d) An additional tax of 1 cent per net gallon may be imposed by each county on motor fuel, which shall be
designated as the "nlnth-cent fuel tax." This tax shall be levied and used as provided in s. 336.021.
(e) An additional tax of between 1 cent and 11 cents per net gallon may be imposed on motor fuel by each
county, which shall be designated as the "local option fuel tax." This tax shall be levied and used as
provided in s. 336.025.
206.87 Levy of tax.--
(1) (a) An excise tax of 4 cents per gallon is hereby imposed upon each net gallon of diesel fuel
subject to the tax under subsection (2), except alternative fuels which are subject to the fee imposed by s.
206.877.
(b) An additional tax of 1 cent per net gallon shall be Imposed by each county on each net gallon of
diesel fuel, which shall be designated as the "ninth-cent fuel tax." This tax shall be used as provided in s.
336.021.
(c) An additional tax of 6 cents per net gallon shall be Imposed on diesel fuel by each county, which shall
be designated as the "local option fuel tax." This tax shall be levied and used as provided in s. 336.025.
336.021 County transportation system; levy of ninth-cent fuel tax on motor fuel and diesel fuel.-
(1 )( a) Any county in the state, by extraordinary vote of the membership of its governing body or subject to
a referendum, may levy the tax imposed by ss. 206A1(1)(d) and 206.87(1)(b). ....
(6) Notwithstanding any other provision of this section, the tax authorized pursuant to this section shall be
levied in every county at the rate of 1 cent per gallon of diesel fuel beginning January 1, 1994.
336.025 County transportation system; levy of local option fuel tax on motor fuel and diesel fuel.--
(1)(a) In addition to other taxes allowed by law, there may be levied as provided in ss. 206.41 (1)(e) and
206.87 (1 )( c) a 1-cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option fuel tax upon every gallon of motor
fuel and diesel fuel sold in a co~nty and taxed under the provisions of part I or part II of chapter 206. ....
(b) In addition to other taxes allowed by law, there may be levied as provided in s. 206.41(1)(e) a 1-cent,
2-cent, 3-cent, 4-cent, or 5-cent local option fuel tax upon every gallon of motor fuel sold in a county and
taxed under the provisions of part I of chapter 206. The tax shall be levied by an ordinance adopted by a
majority plus one vote of the membership of the governing body of the county or by referendum.
(9) Notwithstanding any other provision of this section, the tax on diesel fuel authorized in this section shall
be levied in every county at the rate of 6 cents per net gallon.
Diesel Fuel Tax: 7 Cents Per Gallon
-Ninth-cent Fuel Tax.
Sub-Section 336.021(l)(a) provides
that the county MAY, by extraordinary vote,
levy the l-Cent tax on DIESEL FUEL as
authorized by Sub-Section 206.87(1)(b), F.S.
However, although 336.021(1Xa) says
MA Y, Sub-Section (6) states:
Notwithstanding any other provision of this
section, the tax authorized pursuant to this
section SHALL be levied in every county at
the rate of 1 cent per gallon of diesel fuel
beginning January 1, 1994.
Additionally, Sub-Section
206. 87(I)(b) also provides that: An additional
tax of 1 cent per net gallon SHALL be
imposed by each county on each net gallon of
DIESEL FUEL, which shall be designated as
the "ninth-cent fuel tax".
It thus appears mandatory that the
county levy a l-cent tax on diesel fuel that is
called the *ninth-cent fuel tax. ·
-Local Option Fuel Tax.
Sub-Section 336.021(I)(a) provides
that the county MAY, by extraordinary vote,
levy the I-Cent tax on MOTOR FUEL as
authorized by Sub-Section 206.41(1)(d), F.S.
However, although 336.021(1)(a) says
MA Y, Sub-Section 206.87(1)(1) states: An
additional tax of 6 cents per net gallon
SHALL be imposed on diesel fuel by each
county, which shall be designated as the "local
option fuel taxn.
Further, 336.025 (9) states:
Notwithstanding any other provision of this
section, the tax on diesel fuel authorized in
this section shall be levied in every county at
the rate of 6 cents per net gallon."
It thus appears mandatory that the
county levy a 6-cents tax on dJeseJfueJ that is
called the 'ocal option fuel tax. ·
Local Option Motor Fuel Tax: 6 Cents Per Gallon
(206.41(1)(e): Authority to Levy Between 1 Cent and 11 Cents per Net Gallon
336.025(1)(a): May levy a 1-cent, 2-cent, 3-
cent, 4-cent, 5-cent, or 6-cent -local option
fuel tax..
336.025(3): Tax is levied either by
(a) an ordinance adopted by majority vote of
county commissioners, subject to an
interlocal agreement concerning distribution
of the tax proceeds; (b) by referendum; or (c)
uniform resolutions by municipalities leading
to a countywide referendum.
Ordinance 16-1989 authorized a 6-cent ':gas 1
tax, codified at Sec. 2-315, et seq., Monroe
County Code.
NOTE: The provisions of the county code are
not consistent with the state statutes. The
reference to "gas tax" apparently has no legal
basis in state statutes concerning the levy of
taxes. (The state statutes refer to a "fuel tax"
which has a specific definition. There is no
definition for "gas tax. ") Additionally, the fuel
tax to be imposed on "motor fuel" and "diesel
fuel" and there is no definition or reference to
"special fuel" as that term is used in the
county code.
It could be determined that the county code
does not legally impose a fuel tax at all, or in
the alternative that there is no tax imposed on
diesel fuel. It is recommended that the
language in the code be amended to be
consistent with state law.
336.025(1)(b): May levy a 1-cent, 2-cent, 3-
cent, 4-cent, or 5-cent, -local option fuel
tax. by an ordinance adopted by a majority
plus one vote, or by referendum.
Apparently, this additional local option fuel
tax has not been levied
Selected Provisions of the
CONSTITUTION OF THE STATE OF FLORIDA
AS REVISED IN 1968 AND SUBSEQUENTLY AMENDED
ARTICLE VII: FINANCE AND TAXATION .....
SECTION 17. Bonds for acquiring transportation right-of-way or for constructing bridges.-
(a) When authorized by law, state bonds pledging the full faith and credit of the state may be
issued, without a vote of the electors, to finance or refinance the cost of acquiring real property or
the rights to real property for state roads as defined by law, or to finance or refinance the cost of
state bridge construction, and purposes incidental to such property acquisition or state bridge
construction.
(b) Bonds issued under this section shall be secured by a pledge of and shall be payable primarily
from motor fuel or soecial fuel taxes. except those defined in Section 9( c) of Article XII, as provided
by law, and shall additionally be secured by the full faith and credit of the state.
(c) No bonds shall be issued under this section unless a state fiscal agency, created by law, has
made a determination that in no state fiscal year will the debt service requirements of the bonds
proposed to be issued and all other bonds secured by the same pledged revenues exceed ninety
percent of the pledged revenues available for payment of such debt service requirements, as
defined by law. For the purposes of this subsection, the term "pledged revenues" means all
revenues pledged to the payment of debt service, excluding any pledge of the full faith and credit of
the state.
History.-Added, C.S. for C.S. for S.J.R 391, 1988; adopted 1988. ...
ARTICLE XII: SCHEDULE
SECTION 9. Bonds. ....
(c) MOTOR VEHICLE FUEL TAXES.
(1) A state tax, designated "second gas tax," of two cents per gallon upon gasoline and other like
products of petroleum and an equivalent tax upon other sources of energy used to propel motor
vehicles as levied by 4Article IX, Section 16, of the Constitution of 1885, as amended, is hereby
continued. The proceeds of said tax shall be placed monthly in the state roads distribution fund in
the state treasury.
(2) 4Article IX, Section 16, of the Constitution of 1885, as amended, is adopted by this reference as
a part of this revision as completely as though incorporated herein verbatim for the purpose of
providing that after the effective date of this revision the proceeds of the "second gas tax" as
referred to therein shall be allocated among the several counties in accordance with the formula
stated therein to the extent necessary to comply with all obligations to or for the benefit of holders of
bonds, revenue certificates and tax anticipation certificates or any refundings thereof secured by any
portion of the "second gas tax."
(3) No funds anticipated to be allocated under the formula stated in 4Article IX, Section 16, of the
Constitution of 1885, as amended, shall be pledged as security for any obligation hereafter issued or
entered into, except that any outstanding obligations previously issued pledging revenues allocated
under said 4Article IX, Section 16, may be refunded at a lower average net interest cost rate by the
issuance of refunding bonds, maturing not later than the obligations refunded, secured by the same
revenues and any other security authorized in paragraph (5) of this subsection.
(4) Subject to the requirements of paragraph (2) of this subsection and after payment of
administrative expenses, the "second gas tax" shall be allocated to the account of each of the
several counties in the amounts to be determined as follows: There shall be an initial allocation of
one-fourth in the ratio of county area to state area, one-fourth in the ratio of the total county
population to the total population of the state in accordance with the latest available federal census,
and one-half in the ratio of the total "second gas tax" collected on retail sales or use in each county
to the total collected in all counties of the state during the preVious fiscal year. If the annual debt
service requirements of any obligations issued for any county, including any deficiencies for prior
years, secured under paragraph (2) of this subsection, exceeds the amount which would be
=03"E 1 <1"3 2
allocated to that county under the formula set out in this paragraph, the amounts allocated to other
counties shall be reduced proportionately. . .
(5) Funds allocated under paragraphs (2) and (4) of this subsection shall be administered by the
state board of administration created under Article IV, Section 4. The board shall remit the proceeds
of the "second gas tax" in each county account for use in said county as follows: eighty per cent to
the state agency supervising the state road system and twenty per cent to the governing body of the
county. The percentage allocated to the county may be increased by general law. The proceeds of
the "second gas tax" subject to allocation to the several counties under this para~raph (5) shall be
used first, for the payment of obligations pledging revenues allocated pursuant to Article IX, Section
16, of the Constitution of 1885, as amended, and any refundings thereof; second, for the payment of
debt service on bonds issued as provided by this paragraph (5) to finance the acquisition and
construction of roads as defined by law; and third, for the acquisition and construction of roads and
for road maintenance as authorized by law. When authorized by law. state bonds pledging the full
faith and credit of the state may be issued without any election: (i) to refund obligations secured by
any portion of the "second gas tax" allocated to a county under "Article IX, Section 16. of the
Constitution of 1885, as amended; (ii) to finance the acquisition and construction of roads in a
county when approved by the governing body of the county and the state agency supervising the
state road system; and (iii) to refund obligations secured by any portion of the "second gas tax"
allocated under paragraph 9(c)(4). No such bonds shall be issued unless a state fiscal agency
created by law has made a determination that in no state fiscal year will the debt service
requirements of the bonds and all other bonds secured by the pledged portion of the "second gas
tax" allocated to the county exceed seventy-five per cent of the pledged portion of the "second gas
tax" allocated to that county for the preceding state fiscal year, of the pledged net tolls from existing
facilities collected in the preceding state fiscal year, and of the annual average net tolls anticipated
during the first five state fiscal years of operation of new projects to be financed, and of any other
legally available pledged revenues collected in the preceding state fiscal year. Bonds issued
pursuant to this subsection shall be payable primarily from the pledged tolls, the pledged portions of
the "second gas tax" allocated to that county, and any other pledged revenue, and shall mature not
later than forty years from the date of issuance
=O:r-E 2 <13 2
Selected Florida Statutes: Fuel Taxes And County Roads __
Chapter 206 MOTOR AND OTHER FUEL TAXES
206.01 Definitions.-As used in this chapter:
(1) "Department" means the Department of Revenue.
...
(7) "Fuel tax" means and includes any tax imposed by the laws of the state upon or
measured by the sale, use, distribution, or consumption of motor fuel.
...
(9) "Motor fuel" or "fuel" means all gasoline products or any product blended with
gasoline or any fuel placed in the storage supply tank of a gasoline-powered motor vehicle.
206.41 State taxes imposed on motor fuel.-
(1) The following taxes are imposed on motor fuel under the circumstances described in
subsection (6):
(a) An excise or license tax of 2 cents per net gallon, which is the tax as levied by s. 16,
Art. IX of the State Constitution of 1885, as amended, and continued by s. 9(c), Art. XII of
the 1968 State Constitution, as amended, which is therein referred to as the "second gas
tax," and which is hereby designated the "constitutional fuel tax."
(b) An additional tax of 1 cent per net gallon, which is designated as the "county fuel
tax" and which shall be used for the purposes described in s. 206.60.
(c) An additional tax of 1 cent per net gallon, which is designated as the "municipal fuel
tax" and which shall be used for the purposes described in s. 206.605.
(d) An additional tax of 1 cent per net gallon may be imposed by each county on motor
fuel, which shall be designated as the "ninth-cent fuel tax." This tax shall be levied and
used as provided in s. 336.021.
(e) An additional tax of between 1 cent and 11 cents per net gallon may be imposed on
motor fuel by each county, which shall be designated as the "local option fuel tax." This
tax shall be levied and used as provided in s. 336.025.
206.47 Distribution of constitutional fuel tax pursuant to State Constitution.-
(4) The State Board of Administration shall allocate the constitutional fuel tax beginning
with the tax collected January 1969 on the formula contained in s. 9(c) (4), Art. XII of the
revised State Constitution of 1968, subject only to the debt service requirements of bonds
pledging all or part of the constitutional fuel tax allocated under the provisions of s. 16, Art.
=a3'-E 1 er3 14
IX of the State Constitution of 1885, as amended.
(6) The State Board of Administration will calculate a monthly allocation of the
constitutional fuel tax received from the Department of Revenue based on the formula
contained in s. 9(c}(4},
Art. XII of the revised State Constitution of 1968, and credit to the account of each .county
the amount of the constitutional fuel tax to be allocated under such formula. .
(7) The fuel tax funds credited to each county will be first distributed to meet the debt
service requirements, if any, of the s. 16, Art. IX debt assumed or refunded by the State
Board of
Administration payable from the constitutional fuel tax. The remaining fuel tax funds
credited to each county are surplus fuel tax funds and shall be distributed as
provided by s. 9(c), Art. XII of the State Constitution or by law pursuant to that
section and shall be used for the acquisition, construction, and maintenance of
roads. For the purposes of this subsection, the term "maintenance" includes periodic
maintenance and routine maintenance, as defined in s. 334.03, and may include the
construction and installation of traffic signals, sidewalks, bicycle paths, and landscaping.
The funds may be used as matching funds for any federal, state, or private grant
specifically related to these purposes.
(9) The State Board of Administration will, in each fiscal year, distribute the aO-percent
surplus fuel tax allocated to each county to the debt service requirements of each bond
issue pledging the
80-percent surplus accruing to that county under the provisions of s. 16, Art. IX of the
State Constitution of 1885, as amended. The remaining 80-percent surplus fuel tax funds
will be advanced monthly, to the extent practicable, to the boards of county
commissioners for use in the county.
(10) The State Board of Administration will, in each fiscal year, distribute the 20-percent
surplus fuel tax allocated to each county to the debt service requirements of each bond
issue pledging the
20-percent surplus accruing to that county under the provisions of s. 16, Art. IX of the
State Constitution of 1885, as amended. The remaining 20-percent surplus fuel tax funds
will be advanced monthly, to the extent practicable, to the boards of county
commissioners for use in the county.
206.60 County tax on motor fuel.-
(1) The proceeds of the county fuel tax imposed pursuant to s. 206.41 (1 )(b) are
appropriated for public transportation purposes in the manner following:
=cf3"E 2 G'3 14
(a) After transferring to the General Revenue Fund the service charge provided for by s.
215.20 and after deducting its administrative costs incurred in the collection,
administration, enforcement, and distribution back to the counties of such tax, which
administrative costs may not exceed 2 percent of collections, the department shall monthly
divide the proceeds of such tax in the
same manner as the constitutional fuel tax pursuant to s. 206.47 and the formula ,
contained in s. 9(c)(4), Art. XII of the revised State Constitution of 1968.
(b) 1. The Department of Revenue shall, from month to month, distribute the amount
allocated to each of the several counties under paragraph (a) to the board of county
commissioners of the
county, who shall use such funds solely for the acquisition of rights-of-way; the
construction, reconstruction, operation, maintenance, and repair of transportation
facilities, roads, and bridges therein; or the reduction of bonded indebtedness of
such county or of special road and bridge districts within such county, incurred for
road and bridge or other transportation purposes. In the event the powers and duties
relating to transportation facilities, roads, and bridges usually exercised and performed by
boards of county commissioners are exercised and performed by some other or separate
county board, such board shall receive the proceeds, exercise the powers, and perform
the duties designated in this section to be done by the boards of county commissioners.
2. The board of county commissioners of each county.... shall be assigned the full
responsibility for the maintenance of transportation facilities in the county and of
roads in the county road system.
3. Nothing in this paragraph as amended by chapter 71-212, Laws of Florida, shall
be construed to permit the expenditure of public funds in such manner or for such projects
as would violate the State Constitution or the trust indenture of any bond issue or which
would cause the state to lose any federal aid funds for highway or transportation purposes;
and the provisions of this paragraph shall be applied in a manner to avoid such result.
(5) It is declared to be the legislative intent that the funds derived from this section shall
be used in such manner and for the purposes aforesaid to reduce the burden of ad
valorem taxes in the several counties.
206.605 Municipal tax on motor fuel.--
~
(1) The proceeds of the municipal fuel tax imposed pursuant to s. 206.41(1){c), after
deducting the service charge pursuant to chapter 215 and the administrative costs
incurred by the department in
collecting, administering, enforcing, and distributing the tax, which administrative costs
may not exceed 2 percent of collections, shall be transferred into the Revenue Sharing
=cf3"E 3 (;"3 14
Trust Fund for
Municipalities.
(2) Funds available under this section shall be used only for purchase of
transportation facilities and road and street rights-of-way, construction,
reconstruction, maintenance of roads and streets; for the adjustment of city-owned
utilities as required by road and street construction, and the construction, .
reconstruction, transportation-related public safety activities, maintenance, and
operation of transportation facilities. MuniciDalities are authorized to exDend the
funds received under this section in coniunction with other cities or counties or
state or federal aovemment in ioint Droiects.
(3) (a) If any municipality subject to this section does not have the transportation
facilities capability, the municipality may designate by resolution the projects to be
undertaken, and the engineering may be thereafter performed and administered and
theconstruction administered by the Department of Transportation or, in the case of a
municipality, by the appropriate county, if such
county has the capability and agrees to undertake the projects.
(b) In the event the municipality desires the Department of Transportation either to
perform or administer the engineering services or to administer the construction, or both, it
must so indicate at the time of the presentation of the annual budget or it must so
designate at the time the county presents its annual budget.
206.86 Definitions.--As used in this part:
(1) "Diesel fuel" means all petroleum distillates commonly known as diesel or any other
product blended with diesel or any product placed into the storage supply tank of a diesel-
powered motor
vehicle.
206.87 Levy of tax.--
(1) (a) An excise tax of 4 cents per gallon is hereby imposed upon each net gallon of
diesel fuel subject to the tax under subsection (2), except alternative fuels which are
subject to the fee imposed by s. 206.877.
(b) An additional tax of 1 cent per net gallon shall be imposed by each county on each
net gallon of diesel fuel, which shall be designated as the "ninth-cent fuel tax." This tax
shall be used as provided in s. 336.021.
(c) An additional tax of 6 cents per net gallon shall be imposed on diesel fuel by each
county, which shall be designated as the "'ocal option fuel tax." This tax shall be levied
=03"E 4 G"3 14
and used as provided in s. 336.025.
Chapter 334 TRANSPORTA nON ADMINISTRATION
334.03 Definitions.-When used in the Florida Transportation Code, the term:
...
(2) "Bridge" means a structure, including supports, erected over a depression or an
obstruction, such as water or a highway or railway, and having a track or passageway for
carrying traffic as defined in chapter 316 or other moving loads.
(3) "City street system" means aI/local roads within a municipality, and all collector roads
inside that municipality, which are not in the county road system.
(4) "Collector road" means a route providing service which is of relatively moderate
average traffic volume, moderately average trip length, and moderately average operating
speed. Such a route also collects and distributes traffic between local roads or arterial
roads and serves as a linkage between land access and mobility needs.
(8) "County road system" means aI/ col/ector roads in the unincorporated areas of a
county and all extensions of such collector roads into and through any incorporated areas,
aI/local roads in the unincorporated areas, and all urban minor arterial roads not in the
State Highway System.
(15) "Local road" means a route providing service which is of relatively low average traffic
volume, short average trip length or minimal through-traffic movements, and high land
access for abutting property.
(19) "Periodic maintenance" means activities that are large in scope and require a major
work effort to restore deteriorated components of the transportation system to a safe and
serviceable condition, including, but not limited to, the repair of large bridge structures,
major repairs to bridges and bridge systems, and the mineral sealing of lengthy sections of
roadway.
(22) "Right-of-way" means land in which the state, the department, a county, or a
municipality owns the fee or has an easement devoted to or required for use as a
transportation facility.
(23) "Road" means a way open to travel by the public, including, but not limited to, a
street, highway, or alley. The term includes associated sidewalks, the roadbed, the right-
of-way, and all culverts, drains, sluices, ditches, water storage areas, waterways,
embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the
maintenance of travel and aI/ ferries used in connection therewith.
(24) "Routine maintenance" means minor repairs and associated tasks necessary to
=cf3"E 5 G"3 14
maintain a safe and efficient transportation system. The term includes: pavement patching;
shoulder repair; cleaning and repair of drainage ditches, traffic signs, and structures;
mowing; bridge inspection and maintenance; pavement striping; litter cleanup; and other
similar activities.
(27) "State road" means a street, road, highway, or other way open to travel by the public
generally and dedicated to the public use according to law or by. prescription and
designated by the department, as provided by law, as part of the State Highway System.
(28) "Structure" means a bridge, viaduct, tunnel, causeway, approach, ferry slip, culvert,
toll plaza, gate, or other similar facility used in connection with a transportation facility.
(31) "Transportation facility" means any means for the transportation of people or
property from place to place which is constructed, operated, or maintained in whole or in
part from public funds. The term includes the property or property rights. both real and
personal, which have been or may be established by public bodies for the transportation of
people or property from place to place.
CHAPTER 336 COUNTY ROAD SYSTEM
336.01 Designation of county road system.- The county road system shall be as
defined in s. 334.03(8).
336.02 Responsibility for county road system; approval of maps of reservation.--
(1)(a) The commissioners are invested with the general superintendence and control of
the county roads and structures within their respective counties, and they may establish
new roads,
change and discontinue old roads, and keep the roads in good repair in the manner herein
provided. They are responsible for establishing the width and grade of such roads and
structures in their respective counties.
336.021 County transportation system; levy of ninth-cent fuel tax on motor fuel and
diesel fuel.-
(1)(a) Any county in the state, by extraordinary vote of the membership of its governing
body or subject to a referendum, may levy the tax imposed by ss. 206.41 (1)(d) and
206.87(1)(b). County and l11unicipal governments may use the moneys received under this
paragraph only for transportation expenditures as defined in s. 336.025(7).
(b) The governing body of the county may, by joint agreement with one or more of the
municipalities located therein, provide for the transportation purposes authorized
under paragraph (a) and the distribution of the proceeds of this tax within both the
=03'"E 6 G"3 14
unincorporated and incorporated areas of the county. The provisions for refund
provided in ss. 206.625 and 206.64 shall not be applicable to such tax levied' by any
county.
(c) Local option taxes collected on sales or use of diesel fuel in this state shall be
distributed in the following manner:
(2)(a) The tax collected by the department pursuant to subsection (1) shall be transferred
to the Ninth-cent Fuel Tax Trust Fund, which fund is created for distribution to the counties
pursuant to paragraph (1)(d). The department shall deduct the administrative costs
incurred by it in collecting, administering, enforcing, and distributing back to the counties
the tax, which administrative costs may not exceed 2 percent of collections authorized by
this section.
(3) It is expressly recognized and declared by the Legislature that the establishment,
operation, and maintenance of a transportation system and related facilities and the
acquisition, construction, reconstruction, and maintenance of roads and streets fulfill a
public purpose and that payment of the costs and expenses therefor may be made from
county general funds, special taxing district funds, or such other funds as may be
authorized by special or general law. Counties are authorized to expend the funds
received under this section in conjunction with the state or federal government in
joint projects.
(4)(a) A certified copy of the ordinance proposing to levy the tax pursuant to referendum
shall be furnished by the county to the department within 10 days after approval of such
ordinance.
Furthermore, the county levying the tax pursuant to referendum shall notify the department
within 10 days after the passage of the referendum of such passage and of the time period
during which the tax will be levied. The failure to furnish the certified copy will not
invalidate the passage of the ordinance.
(b) A county levying the tax pursuant to ordinance shall notify the department within 10
days after the governing body of the county adopts the ordinance and, at the same time,
furnish the department with a certified copy of the ordinance.
(5) All impositions of the tax shall be levied before July 1 of each year to be effective
January 1 of the following y,ear. However, levies of the tax which were in effect on July 1,
2002, and which .
expire on August 31 of any year may be reimpOSed at the current authorized rate to be
effective September 1 of the year of expiration. All impositions shall be required to end on
December 31
of a year. A decision to rescind the tax shall not take effect on any date other than
December 31 and shall require a minimum of 60 days' notice to the department of such
=d3'-f; 7 (f3 14
decision.
(6) Notwithstanding any other provision of this section, the tax authorized pursuant
to this section shall be levied in every county at the rate of 1 cent per gallon of
diesel fuel beginning January 1, 1994.
336.023 Use by counties of the surplus from the constitutional gas tax.-
(1) Any county which has agreed prior to July 1, 1977, by resolution, to use the surplus of
the constitutional gas tax to provide a connecting road to a planned interchange on the
interstate
system shall provide such connecting road.
(2) Any surplus which is not otherwise used to provide connecting roads pursuant to
subsection (1) shall be used on any road in the county at the discretion of the county
governing body.
336.024 Distribution of constitutional gas tax.- Effective July 1, 1983, the State Board
of Administration shall assume the responsibility for distribution of the counties' 80-percent
share of the constitutional gas tax in the same manner as the 20-percent share is currently
distributed pursuant to s. 206.47; however, the State Board of Administration shall assure
that county funds are made available to the department to be held in escrow for any
construction underway on behalf of the county pursuant to resolution of the county
governing body.
336.025 County transportation system; levy of local option fuel tax on motor fuel
and diesel fuel.-
(1 )(a) In addition to other taxes allowed by law, there may be levied as provided in ss.
206.41 (1)(e) and 206.87(1)(c) a 1-cent, 2-cent, 3-cent, 4-cent, 5-cent, or6-cent local
option fuel tax upon every gallon of motor fuel and diesel fuel sold in a county and taxed
under the provisions of part I or part II of chapter 206.
1. All impositions and rate changes of the tax shall be levied before July 1 to be
effective January 1 of the following year for a period not to exceed 30 years, and the
applicable method of
distribution shall be established pursuant to subsection (3) or subsection (4). However,
levies of the tax which were in effect on July 1, 2002, and which expire on August 31 of
any year may be
reimposed at the current authorized rate effective September 1 of the year of expiration.
Upon expiration, the tax may be relevied provided that a redetermination of the method of
distribution is made as provided in this section.
2. County and municipal governments shall utilize moneys received pursuant to this
paragraph only for transportation expenditures.
3. Any tax levied pursuant to this paragraph may be extended on a majority vote of
the governing body of the county. A redetermination of the method of distribution shall be
established pursuant to subsection (3) or subsection (4), if, after July 1, 1986, the tax is
=a3"E 8 G'3 14
extended or the tax rate changed, for the period of extension or for the additional tax.
(b) In addition to other taxes allowed by law, there may be levied as provided in s.
206.41 (1}(e) a 1-cent, 2-cent, 3-cent, 4-cent, or 5-cent local option fuel tax upon every
gallon of motor fuel sold in a county and taxed under the provisions of part I of chapter
206. The tax shall be levied by an ordinance adopted by a majority plus one vote of the
membership of the governing body of the county or by referendum. .
1. All impositions and rate changes of the tax shall be levied before July 1, to be
effective January 1 of the following year. However, levies of the tax which were in effect on
July 1, 2002, and which expire on August 31 of any year may be reimposed at the current
authorized rate effective September 1 of the year of expiration.
2. The county may, prior to levy of the tax, establish by interlocal agreement with
one or more municipalities located therein, representing a majority of the population of the
incorporated area within the county, a distribution formula for dividing the entire proceeds
of the tax among county government and all eligible municipalities within the county. If no
interlocal agreement is adopted before the effective date of the tax, tax revenues shall be
distributed pursuant to the provisions of subsection (4). If no interlocal agreement exists, a
new interlocal agreement may be established prior to June 1 of any year pursuant to this
SUbparagraph. However, any interlocal agreement agreed to under this subparagraph after
the initial levy of the tax or change in the tax rate authorized in this section shall under no
circumstances materially or adversely affect the rights of holders of outstanding bonds
which are backed by taxes authorized by this paragraph, and the amounts distributed to
the county government and each municipality shall not be reduced below the amount
necessary for the payment of principal and interest and reserves for principal and interest
as required under the covenants of any bond resolution outstanding on the date of
establishment of the new interlocal agreement.
3. County and municipal governments shall utilize moneys received pursuant to this
paragraph only for transportation expenditures needed to meet the requirements of the
capital improvements element of an adopted comprehensive plan. For purposes of this
paragraph,
expenditures for the construction of new roads, the reconstruction or resurfacing of
existing paved roads, or the paving of existing graded roads shall be deemed to increase
capacity and such projects shall be included in the capital improvements element of an
adopted comprehensive plan. Expenditures for purposes of this paragraph shall not
include routine maintenance of roads. ...
(d) If an interlocal agreement entered into under this section does not provide for
automatic adjustments or periodic review by the local governmental entities of the method
of distribution of local option fuel tax revenues, the parties to the agreement shall review
and hold public hearings 011 the terms of the agreement at least every 2 years.
(2)(a) The tax levied pursuant to paragraph (1 )(a) shall becollected and remitted in the
same manner provided by ss. 206.41 (1)(e) and 206.87(1)(c). The tax levied pursuant to
paragraph
(1)(b) shall be collected and remitted in the same manner provided by s. 206.41 (1}(e). The
taxes remitted pursuant to this section shall be transferred to the Local Option Fuel Tax
=cf3'-E 9 <1'3 14
Trust Fund, which fund is created for distribution to the county and eligible municipal
governments within the county in which the tax was collected and which fund is subject to
the service charge imposed in chapter 215. The tax shall be distributed monthly by the
department in the same manner provided by s. 336.021 (1)(c) and (d). The department
shall deduct the administrative costs incurred by it in collecting, administering, enforcing,
and distributing back to the counties the tax, which administrative costs may not exceed 2
percent of collections authorized by this section. ....
(3) The tax authorized pursuant to paragraph (1)(a) shall be levied using either of the
following procedures:
(a) The tax may be levied by an ordinance adopted by a majority vote of the governing
body or upon approval by referendum. Such ordinance shall be adopted in accordance
with the requirements imposed under one of the following circumstances, whichever is
applicable:
1. The county may, prior to June 1, establish by interlocal agreement with one or
more of the municipalities located therein, representing a majority of the population of the
incorporated area within the county, a distribution formula for dividing the entire proceeds
of the local option fuel tax among the county government and all eligible municipalities
within the county. If no inter/ocal agreement exists, a new interlocal agreement may be
established prior to August 1, 1986, or June 1 of any year thereafter pursuant to this
subparagraph. However, any inter/ocal agreement agreed to under this subparagraph after
the initial imposition of the tax, extension of the tax, or change in the tax rate authorized in
this section shall under no circumstances materially or adversely affect the rights of
holders of outstanding bonds which are backed by taxes authorized by this section, and
the amounts distributed to the county government and each municipality shall not be
reduced below the amount necessary for the payment of principal and interest and
reserves for principal and interest as required under the covenants of any bond resolution
outstanding on the date of establishment of the new inter/ocal agreement.
2. If an interlocal agreement has not been executed pursuant to subparagraph 1.,
the county may, prior to June 10, adopt a resolution of intent to levy the tax allowed in
paragraph (1){a).
(b) If no interlocal agreement or resolution is adopted pursuant to subparagraph (a)1. or
subparagraph (a)2., municipalities representing more than 50 percent of the county
population may, prior to June 20, adopt uniform resolutions approving the local option tax,
establishing the duration of the levy and the rate authorized in paragraph (1){a), and
setting the date for a countywide referendum on whether to levy the tax. A referendum
shall be held in accordance with the provisions of such resolution and applicable state law,
provided that the county shflll bear the costs thereof. The tax shall be levied and collected
countywide on January 1 following 30 days after voter approval.
(4 )(a) If the tax authorized pursuant to paragraph (1 )(a) is levied under the circumstances
of subparagraph (3)(a)2. or paragraph (3)(b), the proceeds of the tax shall be distributed
among the
county government and eligible municipalities based on the transportation expenditures of
=03'"E 10 (;'3 14
each for the immediately preceding 5 fiscal years, as a proportion of the total of such
expenditures for the county and all municipalities within the county. After the initial levy of a
tax being distributed pursuant to the provisions of this paragraph, the proportions shall be
recalculated every 10 years based on the transportation expenditures of the immediately
preceding 5 years. However, such recalculation shall under no circumstances materially or
adversely affect the rights of holders of bonds outstanding on July 1, 1986, which are
backed by taxes authorized in paragraph (1}(a), and the amounts distributed to the county
government and each municipality shall not be reduced below the amount necessary for
the payment of principal and interest and reserves for principal and interest as required
under the covenants of any bond resolution outstanding on the date of the recalculation.
(b) Any newly incorporated municipality which is eligible for participation in the distribution
of moneys under parts II and VI of chapter 218 and which is located in a county levying the
tax
pursuant to paragraph (1}(a) or paragraph (1}(b) is entitled to receive a share of the tax
revenues. Distribution of such revenues to a newly incorporated municipality shall begin in
the first full
fiscal year following incorporation. The distribution to a newly incorporated municipality
shall be:
1. Equal to the county's per lane mile expenditure in the previous year times the
lane miles within the jurisdiction or responsibility of the municipality, in which case the
county's share shall be reduced proportionately; or
2. Determined by the local act incorporating the municipality.
Such distribution shall under no circumstances materially or adversely affect the rights of
holders of outstanding bonds which are backed by taxes authorized in this section, and the
amounts distributed to the county government and each municipality shall not be reduced
below the amount necessary for the payment of principal and interest and reserves for
principal and interest as required under the covenants of any bond resolution outstanding
on the date of the redistribution.
(6) Only those municipalities and counties eligible for participation in the distribution of
moneys under parts II and VI of chapter 218 are eligible to receive moneys under this
section. Any funds otherwise undistributed because of ineligibility shall be distributed to
eligible governments within the county in proportion to other moneys distributed pursuant
to this section.
(7) For the purposes of this section, "transportation expenditures" means expenditures by
the local government from local or state shared revenue sources, excluding expenditures
of bond proceeds, for the following programs:
\
(a) Public transportation operations and maintenance.
(b) Roadway and right-of-way maintenance and equipment and structures used primarily
for the storage and maintenance of such equipment.
=03'-F; 11 <13 14
(c) Roadway and right-of-way drainage.
(d) Street lighting.
(e) Traffic signs, traffic engineering, signalization, and pavement markings.
(f) Bridge maintenance and operation.
(g) Debt service and current expenditures for transportation capital projects in the
foregoing program areas, including construction or reconstruction of roads.
(9) Notwithstanding any other provision of this section, the tax on diesel fuel
authorized in this section shall be levied in evety county at the rate of 6 cents per
net gallon.
336.0255 Distribution of additional local option tax.-Notwithstanding the provisions of
s. 336.025, for calendar year 1993, the tax authorized in s. 336.025(1)(b) shall be imposed
to November 1, 1993, to be effective January 1, 1994. Notwithstanding the provisions of s.
336.025, the county may, prior to September 1, 1993, establish by interlocal agreement
with one or more of the municipalities located therein, representing a majority of the
population of the incorporated area within the county, a distribution fonnula for dividing the
entire proceeds of the local option aas tax among the county government and all eligible
municipalities within the county and the proceeds of the tax shall be distributed among the
county government and eligible municipalities based on the interlocal agreement. If no
interlocal agreement is reached prior to September 1. 1993. the proceeds of the tax
imposed prior to November 1, 1993, shall be distributed among the county government
and eligible municipalities based on the transportation expenditures of each for the
immediately preceding 5 fiscal years, as a proportion of the total of such expenditures for
the county and all municipalities within the county. After the initial imposition of a tax
imposed prior to November 1, 1993, and distributed based on historical transportation
expenditures, the proportions shall be recalculated every 10 years based on the
transportation expenditures of the immediately preceding 5 years. However, such
recalculation shall under no circumstances materially or adversely affect the rights of
holders of outstanding bonds, which are backed by taxes authorized in this section, and
the amounts distributed to the county government and each municipality shall not be
reduced below the amount necessary for the payment of principal and interest and
reserves for principal and interest as required under the covenants of any bond resolution
outstanding on the date of the recalculation.
\
336.045 Uniform minimum standards for design, construction, and maintenance;
advisory committees.-
(1) The department shall develop and adopt uniform minimum standards and criteria for
the design, construction, and maintenance of all public streets, roads. highways, bridges,
sidewalks, curbs and curb ramps, crosswalks, where feasible, bicycle ways, underpasses,
and overpasses used by the public for vehicular and pedestrian traffic. In developing such
=a3"E 12 G"3 14
standards and criteria, the department shall consider design approaches which .provide for
the compatibility of such facilities with the surrounding natural or manmade environment;
the safety and security of public spaces; and the appropriate aesthetics based upon scale,
color, architectural style, materials used to construct the facilities, and the landscape
design and landscape materials around the facilities. The department shall annually
provide funds in its tentative work program to implement the provisions of this subsection
relating to aesthetic design standards. The minimum standards adopted must incJu~e a
requirement that permanent curb ramps be provided at crosswalks at all intersections
where curbs and sidewalks are constructed in order to give handicapped persons and
persons in wheelchairs safe access to crosswalks.
(4) All design and construction plans for projects that are to become part of the county
road system and are required to conform with the design and construction standards
established pursuant to subsection (1) must be certified to be in substantial conformance
with the standards established pursuant to subsection (1) that are then in effect by a
professional engineer who is registered in this state.
(6) If the governing body of a county or municipality has adopted a design element as part
of its comprehensive plan pursuant to part II of chapter 163, the department shall consider
such element during project development of transportation facilities. The design of
transportation facilities constructed by the department within the boundaries of that county
or municipality must be consistent with that element to the maximum extent feasible.
336.08 Relocation or change of roads.-- The commissioners may establish, locate.
change, or discontinue public county roads by resolution.
336.09 Closing and abandonment of roads; authority.-
(1) The commissioners, with respect to property under their control may in their own
discretion, and of their own motion, or upon the request of any agency of the state, or of
the federal government, or upon petition of any person or persons. are hereby authorized
and
empowered to:
(a) Vacate. abandon, discontinue and close any existing public or private street, alleyway,
road, highway, or other place used for travel, or any portion thereof, other than a state or
federal
highway, and to renounce and disclaim any right of the county and the public in and to any
land in connection therewith;
(b) Renounce and disclaim any right of the county and the public in and to any land, or
interest therein, acquired by purchase, gift, devise, dedication or prescription for street,
alleyway, road or
highway purposes, other than lands acquired for state and federal highway; and
(c) Renounce and disclaim any right of the county and the public in and to land, other than
=03"& 13 <1"3 14
land constituting, or acquired for, a state or federal highway, delineated on anY'.recorded
map or plat as a street, alleyway, road or highway.
(2) The commissioners, upon such motion, request, or petition, may adopt a resolution
declaring that at a definite time and place a public hearing will be held to consider the
advisability of
exercising the authority granted in this section.
336.10 Closing and abandonment of roads; publication of notice.-Before any such
road shall be closed and vacated, or before any right or interest of the county or public in
any land delineated on any recorded map or plat as a road shall be renounced and
disclaimed, the commissioners shall hold a public hearing, and shall publish notice thereof,
one time, in a newspaper of general circulation in such county at least 2 weeks prior to the
date stated therein for such hearing. After such public hearing, any action of the
commissioners, as herein authorized, shall be evidenced by a resolution duly adopted and
entered upon the minutes of the commissioners. The request of any agency of the state, or
of the United States, or of any person, to the commissioners to take such action shall be in
writing and shall be spread upon the minutes of the commissioners; provided, however,
that the commissioners of their own motion and discretion, may take action for the
purposes hereof. Notice of the adoption of such a resolution by the commissioners shall be
published one time, within 30 days following its adoption, in one issue of a newspaper of
general circulation published in the county. The proof of publication of notice of public
hearing, the resolution as adopted, and the proof of publication of the notice of the
adoption of such resolution shall be recorded in the deed records of the county.
336.12 Closing and abandonment of roads; termination of easement; conveyance
of fee.- The act of any commissioners in closing or abandoning any such road, or in
renouncing or disclaiming any rights in any land delineated on any recorded map as a
road, shall abrogate the easement theretofore owned, held, claimed or used by or on
behalf of the public and the title of fee owners shall be freed and released therefrom; and if
the fee of road space has been vested in the county, same will be thereby surrendered
and will vest in the abutting fee owners to the extent and in the same manner as in case of
termination of an easement for road purposes.
=03'"E 14 G'3 14
Florida Attorney General
Advisory Legal Opinion
Number: AGO 93-25
Date: March 25, 1993
Subject: Authority of county/ constitutional gas tax
Mr. Randy Ludacer
Monroe County Attorney
310 Fleming Street
Key West, Florida 33040
RE: COUNTIES--SECOND GAS TAX--TAXATION--ROADS--
CONSTITUTIONAL GAS TAX: authority of county
to use portion of constitutional gas tax for
routine maintenance of county roads.
s. 9@(5), Art. XII, State Const.
ss. 334.03(7), F.S.
Dear Mr. Ludacer:
You have asked for my opinion on substantially the following
question:
May Monroe County use the proceeds from the 80 percent
portion of the constitutional gas tax authorized by
s. 9@(5), Art. XII, State Const., for routine
maintenance of county roads?
In sum:
The 1980 amendment of s. 9@(5), Art. XII, State Const.,
changed the permitted uses of surplus second gas tax funds,
so that these funds may be used by counties to maintain
roads within the county road system, as defined in
s. 334.03(7), F.S.
According to your letter, the majority of Monroe County's
population is located in the Florida Keys portion of the
county. This area has been designated an area of critical
state concern and this designation, coupled with other land
planning and development regulations, has drastically reduced
the need for new roads in Monroe County. Thus, you question
the ability of the county to utilize its share of the surplus
second gas tax for the maintenance of those existing roads
within the county ~oad system, rather than the construction
of new roads.
As you have noted, opinions of this office rendered prior to
the 1980 amendment of s. 9@(5), Art. XII, State Const.,
concluded that a county's use of surplus second gas tax
funds was limited to the construction of roads and that
these revenues could not be lawfully used for the
maintenance or repair of existing roads and bridges. These
opinions also concluded that surplus second gas tax funds
returned to a county could not be used for the purchase of
road machinery, such funds being restricted to the
acquisition of rights-of-way and construction of roads, and
further that such funds could not be used to resurface
existing roads, since resurfacing is treated as maintenance. [1]
However, s. 9@(5), Art. XII, State Const., was amended in
1980, and provides, in part, that:
The proceeds of the "second gas tax" subject to allocation to
the several counties under this paragraph (5) shall be used
first, for the payment of obligations pledging revenues
allocated pursuant to Article IX, Section 16, of the
Constitution of 1885, as amended, and any refundings thereof;
second, for the payment of debt service on bonds issued as
provided by this paragraph (5) to finance the acquisition
and construction of roads as defined by law; and third, for
the acquisition and construction of roads and for road
maintenance as authorized by law. (e.s.)
The 1980 amendment added the phrase "and for road maintenance
as authorized by law" at the end of the fourth sentence of
sub-section @(5). Thus, the changes in s. 9@(5), Art. XII,
State Const., affected by the 1980 amendments would act to
modify those earlier opinions. [2] The language contained in
the 1980 amendment, which is underlined above, plainly
authorizes counties to spend surplus second gas tax funds
for road maintenance if authorized by law. [3] An examination
of relevant statutes indicates that counties are authorized
by law to perform road repair and maintenance.
The statutes specifically vest responsibility for the county
road system in the county commissioners as follows:
The commissioners are invested with the general superintendence
and control of the county roads and structures within their
respective counties, and they may establish new roads, change
and discontinue old roads, and keep the roads in good repair
in the manner herein provided. They are responsible for
establishing the width and grade of such roads and structures
in their respective counties. [4] (e.s.)
In addition, s. 125.01(1) (m), F.S. (1992 Supp.), states that
counties have the power to provide roads. Reading
s. 125.01(1) (m), F.S. (1992 Supp.), together with 5.125.01(3) (a)
and (b), F.S. (1992 Supp.), which recognizes that counties
have the implied authority to accomplish those specifically
enumerated powers ~nd duties set forth in s. 125.01, F.S.
(1992 Supp.), and secures constitutional home rule powers to
counties, it is clear that counties are authorized to repair
and maintain roads which are a county responsibility. [5]
Therefore, it is my opinion that s. 9@(5), Art. XII, State
Const., authorizes counties to use surplus second gas tax
funds for the maintenance of roads within the county road
system, as defined in s. 334.03(7), F.S. [6]
Sincerely,
Robert A. Butterworth
Attorney General
RAB/tgk
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(1] See, AGO's 79-104 and 79-43.
(2] See, AGO 82-55 ("(t]o the extent that the conclusions
in (AGO's 79-104 and 79-43] pertain to the use of surplus
second gas tax revenues for maintenance of roads and
bridges, the 1980 amendment operates to modify those
conclusions.")
[3] Cf., In re Advisory Opinion to the Governor,
223 So.2d 35, 39 (Fla. 1969), and City of St. Petersburg v.
Briley, Wild & Assoc., Inc., 239 So.2d 817, 822 (Fla. 1970)
(holding that courts are obligated to give effect to
language contained in a constitutional provision according
to its plain meaning, and that if the language is clear,
courts have no power to go outside the bounds of the
provision in search of a different meaning) .
(4] See, s. 336.02(1) (a), F.S. See also, s. 334.01(7), F.S.,
defining the "[c]ounty road system" as "all collector roads
in the unincorporated areas and all extensions of such
collector roads into and through any incorporated areas, all
local roads in the unincorporated areas, and all urban minor
arterial roads not in the State Highway System."
(5] See also, Speer v. Olson, 367 So.2d 207 (Fla. 1978),
and s. l(f), Art. VIII, State Const.
(6] See also, AGO 82-55. And see, AGO 83-26 (the county
may, with those exceptions noted, use the surplus of the
constitutional gas tax to lease or purchase road equipment
necessary for or directly connected with and necessarily
incidental to carrying out its responsibilities for the
construction and maintenance of roads); and AGO 84-6 (a
county is authorized to utilize the surplus of the
constitutional gas tax to purchase and install traffic
control devices on existing roads within the county road
system). Cf., AGO 92-20 which concludes that, while
s. 336.025(7) (b), $.S., does not authorize the expenditure
of local option gas tax revenues for the construction of a
garage and maintenance equipment, such funds may be used
for roadway and right-of-way maintenance.
Florida Attorney General
Advisory Legal Opinion
Number: AGO 93-12
Date: February 9, 1993
Subject: Distribution of local option gas tax
The Honorable J.E. Cooksey
Chairman
Jefferson County Board of
County Commissioners
Room 10, County Courthouse
Monticello, Florida 32344
RE: COUNTIES--MUNICIPALITIES--TAXES--LOCAL OPTION GAS TAX--
distribution of local option gas tax to eligible
municipalities governed by s. 336.025, F.S. (1992 Supp.).
s. 336.025, F.S. (1992 Supp.).
Dear Chairman Cooksey:
You ask substantially the following question:
Must a county share local option gas tax levied
pursuant to s. 336.025, F.S. (1992 Supp.), with an
eligible municipality within the county, when the
county is using such tax proceeds to fund
infrastructure rather than transportation?[I]
In sum:
A county eligible to levy a local option gas tax
pursuant to s. 336.025, F.S. (1992 Supp.), must
distribute the proceeds to eligible municipalities
as directed therein, regardless of whether the funds
are used for infrastructure.
Section 336.025, F.S. (1992 Supp.), allows counties to impose a
local option gas tax upon every gallon of motor fuel and special
fuel sold in a county and taxed under the provisions of Part I
or Part II, Ch. 206, F.S. (1992 Supp.). [2] Only those
municipalities and counties eligible for participation in the
distribution of moneys under Parts II and VI of Ch. 218, F.S.,
are eligible to receive moneys under this section. [3]
A county may lev~ the tax by ordinance adopted by a majority
vote of the governing body or approval by referendum. [4] Under
this procedure,
[t]he county may, prior to June 1, establish by
interlocal agreement with one or more of the
municipalities located therein, representing a
majority of the population of the incorporated
area within the county, a distribution formula for
dividing the entire proceeds of the local option gas
tax among the county government and all eligible
municipalities within the county. [5] (e.s.)
In the absence of an interlocal agreement, the county may, prior
to June 10, adopt a resolution of intent to levy the tax.[6] If
no interlocal agreement or resolution is adopted, municipalities
representing more than 50 percent of the county population may,
prior to June 20, adopt uniform resolutions approving the local
option tax, establishing the duration of the levy and the rate
authorized, and setting the date for a countywide referendum on
whether to impose the tax. [7]
In the event the tax is levied by county resolution or by
uniform resolutions of the municipalities, the proceeds of the
tax must be distributed "among the county government and eligible
municipalities based on the transportation expenditures of each
for the immediately preceding 5 fiscal years.rr[8] Any newly
incorporated municipality which is eligible for participation in
the distribution of moneys under Parts II and VI, Ch. 218, F.S.,
located in a county levying the local option gas tax is also
entitled to receive a share of the tax revenues. [9]
The Legislature has made it clear, by the plain language of the
statute, that proceeds from the local option gas tax are to be
distributed among the county government and the eligible
municipalities within the county. Where the Legislature has
prescribed the manner in which a thing is to be done, it is, in
effect, a prohibition against its being done in any other
way. [10]
Generally, local option gas tax proceeds received pursuant to
s. 336.025, F.S. (1992 Supp.), may be used by the county and
municipal governments only for transportation expenditures. [11]
However, s. 336.025(8), F.S. (1992 Supp.), provides that counties
with a population of 50,000 or less on April 1, 1992, may use
the tax proceeds to fund infrastructure projects, if consistent
with the county's comprehensive plan and only after the local
government, prior to the fiscal year in which the funds will
be used, has held a duly noticed public hearing and adopted a
resolution certifying that the local government has met all of
the transportation needs identified in its comprehensive plan.
Thus, under the specified conditions, a county with a population
of 50,000 or less may use the proceeds from the local option gas
tax to fund infrastructure projects. There is nothing in the
statute, however, indicating that a county using its gas tax
proceeds for infrastructure purposes is entitled to all of the
proceeds from the gas tax in the county, to the exclusion of
the municipaliti~ eligible to receive distributions pursuant
to s. 336.025, F.S. (1992 Supp.). Absent such authority, it
does not appear that Jefferson County may alter the distribution
of proceeds from the local option gas tax to deprive eligible
municipalities of their share of the tax proceeds.
Accordingly, a county eligible to levy a local option gas tax
pursuant to s. 336.025, F.S. (1992 Supp.), must distribute
the proceeds to eligible municipalities within the county as
directed therein, regardless of whether the funds are used for
transportation or infrastructure.
Sincerely,
Robert A. Butterworth
Attorney General
RAB/Us
-----------------------------------------------------------------
[1] Your second question regarding whether a municipality may
be required to participate in the funding of a jail necessarily
involves comment upon the activities of another governmental
entity. Absent a request from the governmental entity in
question, this office may not offer a legal opinion. See,
s. 16.01(3), F.S., and Statement Concerning Attorney General
Opinions, Annual Report of the Attorney General, p. x, (authority
of this office to render legal opinions limited to public
officials or entities at the request of the public official or
entity and on questions relating to their own official duties).
[2] Part I, Ch. 206, F.S. (1992 supp.), allows taxation of
motor fuels and Part II, Ch. 206, F.S. (1992 Supp.), allows
taxation of special fuels.
[3] Section 336.025(6), F.S. (1992 Supp.). Part II, Ch. 218,
F.S., the Florida Revenue Sharing Act of 1972, allows those units
of local government meeting the requirements in s. 218.23, F.S.,
to share in tax proceeds deposited in the revenue sharing trust
funds created pursuant to the act. Part VI, Ch. 218, F.S.,
allows eligible county or municipal governments to receive a
portion of the local government half-cent sales tax provided
therein.
[4 ] Section 336.025(3) (a), F.S. (1992 Supp.).
[5] Section 336.025 (3) (a) 1., F.S. (1992 Supp.) .
[6] Section 336.025(3) (a)2., F.S. (1992 Supp.) .
[7] Section 336.025(3) (b), F.S. (1992 supp.) .
[8] Section 336.025(4) (a), F.S. (1992 Supp.) .
[9] Section 336.025(4) (b), F.S. (1992 Supp.) .
\
[10] See, Alsop v. Pierce, 19 So.2d 799, 805-806 (Fla. 1944)
(when the controlling law directs how a thing shall be done that
is, in effect, a prohibition against its being done in any other
way) .
[11] Section 336.025 (1) (c), F.S. (1992 Supp.). "Transportation
expenditures" is defined in s. 336.025(7), F.S. (1992 Supp.),
to mean expenditures for the following programs: public
transportation operations and maintenance; roadway and right-
of-way maintenance and equipment; roadway and right-of-way
drainage; street lighting; traffic signs, traffic engineering,
signalization, and pavement markings; bridge maintenance
and operation; or debt service and current expenditures for
transportation capital projects in the foregoing program areas,
including construction or reconstruction of roads.
Florida Attorney General
Advisory Legal Opinion
Number: AGO 2002-02
Date: January 3, 2002
Subject: Local option fuel tax, used for bicycle paths
Mr. Michael Dyer
Attorney for Town of Ponce Inlet
Post Office Box 15110
Daytona Beach, Florida 32115
RE: MUNICIPALITIESiLOCAL OPTION FUEL
TAXiBICYCLESiTRANSPORTATIONiauthorized uses for local option fuel tax on
motor fuel and diesel fuel. s. 336.025, Fla. Stat.
Dear Mr. Dyer:
As town attorney for the Town of Ponce Inlet, you have asked for my
opinion on substantially the following question:
Is the Town of Ponce Inlet authorized to expend local option fuel tax
moneys collected pursuant to section 336.025, Florida Statutes, for the
construction of bicycle paths adjacent to roads or streets?
In sum:
Tax moneys collected pursuant to section 336.025, Florida Statutes, may
not be used to construct bicycle paths separate and apart from roads or
streets. However, several other possible revenue sources such as the
constitutional fuel tax and special assessments are available for bicycle
path construction.
According to your letter, the Town of Ponce Inlet is in the process of
planning a system of bicycle paths to be located adjacent to roadways and
streets throughout the town. These will take the form of separate bicycle
path construction apart from the bed of the roadway. You have asked
whether the construction of these bicycle paths may be funded from
revenues generated from a local option fuel tax authorized by section
336.025, Florida Statutes.
Section 336.025, Florida Statutes, authorizes the levy of local option
fuel taxes on motor fuel and diesel fuel for local transportation system
projects. Section 336.025(1) (a)2., Florida Statutes, provides that
"[c]ounty and municipal governments shall utilize moneys received pursuant
to this paragraph pnly for transportation expenditures."
Further, section 336.025(1) (b)3., Florida Statutes, states:
"County and municipal governments shall utilize moneys received pursuant
to this paragraph only for transportation expenditures needed to meet the
requirements of the capital improvements element of an adopted
comprehensive plan. For purposes of this paragraph, expenditures for the
construction of new roads, the reconstruction or resurfacing of existing
paved roads, or the paving of existing graded roads shall be deemed to
increase capacity and such projects shall be included in the capital
improvements element of an adopted comprehensive plan. Expendii-~res for
purposes of this paragraph shall not include routine maintenance of
roads."
"Transportation expenditures" are defined for purposes of this statute as:
"[E]xpenditures by the local government from local or state shared revenue
sources, excluding expenditures of bond proceeds, for the following.
programs:
(a) Public transportation operations and maintenance.
(b) Roadway and right-of-way maintenance and equipment and structures used
primarily for the storage and maintenance of such equipment.
(c) Roadway and right-of-way drainage.
(d) Street lighting.
(e) Traffic signs, traffic engineering, signalization, and pavement
markings.
(f) Bridge maintenance and operation.
(g) Debt service and current expenditures for transportation capital
projects in the foregoing program areas, nCluding construction or
reconstruction of roads."[I]
In addition to these uses, counties that had a population of 50,000 or
less on April 1, 1992, may use local option gas tax revenues to fund
infrastructure projects that are consistent with the local government's
approved comprehensive plan. [2]
Where a statute enumerates the things upon which it operates, it is
ordinarily construed as excluding from its operation all things not
expressly mentioned. [3] Thus, a listing of expenditures allowed for local
option gas tax revenues precludes use of such revenues for any other
purpose.
This office has, over the years, considered the expenditure of local
option fuel taxes in a number of situations. [4] For example, Attorney
General's Opinion 99-70, concluded that providing adequate road and
right-of-way drainage in the form of canals or a retention pond appeared
to be a basic requirement for an efficient drainage program and would have
the appropriate nexus to be considered a valid transportation expenditure.
Thus, local option fuel tax revenues could be used to fund the dredging of
canals that the city maintained as part of the city's road and
right-of-way drainage program.
In contrast, in Attorney General's Opinion 00-37 this office was asked to
determine whether tax moneys collected pursuant to section 336.025,
Florida Statutes, could be used for sidewalk construction as a stand-alone
project. The sidewalks were to be constructed or extended without any
accompanying road,construction, reconstruction or maintenance. The opinion
reviewed the defiriition of "transportation expenditures" and concluded
that the construction of sidewalks does not fall within the scope of
section 336.025, Florida Statutes, for the use of a local option fuel tax.
Like sidewalks, bicycle paths that are constructed separately from roads
and streets would appear to be outside the Scope of "transportation
expenditures" as defined in section 336.025(7), Florida Statutes.
While section 336.025, Florida Statutes, does not authorize the use of
local option fuel taxes for the construction of bicycle paths, other
revenue sources are available to accomplish this type of project. Section
206.47(7), Florida Statutes, authorizes the use of the constitutional fuel
tax[5] for "the construction and installation of traffic signals,
sidewalks, bicycle paths, and landscaping."[6] Further, a municipality may
provide improvements such as bicycle paths by levying and collecting
special assessments on the property that has been specially benefitted by
such improvements as provided in section 170.01(1) (a), Florida Statutes.
Thus, while the Town of Ponce Inlet may not use local option fuel tax
moneys to construct bicycle paths, a number of options exist for furiding
this project.
Accordingly, it is my opinion that local option fuel tax funds may not be
used to construct bicycle paths separate and apart from the road or
street, as such a project would not be within the purposes authorized by
section 336.025, Florida Statutes.
Sincerely,
Robert A. Butterworth
Attorney General
RAB/tgh
[1] Section 336.025(7), Fla. Stat.
[2] See, s. 336.025(8), Fla. stat.
[3] See, Thayer v. State, 335 So. 2d 815, 817 (Fla. 1976).
[4] See, e.g., Ops. Att'y Gen. Fla's 90-79 (1990) (local option gas tax
revenues used to fund paratransit or special transportation services to
the transportation disadvantaged); 94-20 (1994) (use of local option gas
tax revenues to repair and maintain airport runways); 97-25 (1997) (use of
local option fuel tax revenues for public transportation operations and
maintenance expenditures); 99-70 (1999) (use of local option fuel taxes for
dredging canals); 00-37 (2000) (use of local option fuel tax revenues for
sidewalk construction and tree trimming projects).
[5] See, s. 206.41(1) (a), Fla. Stat, which states that this tax is levied
by s. 16, Art. IX, of the 1885 Florida Constitution, as amended, and
continued by s. 9(c), Art. XII of the 1968 Florida Constitution.
[6] And see, Op. ~tt'Y Gen. Fla. 00-37 (2000).
Monl1le County Board of County COmmissioners
Offtce of the County Admlnlstratxlr
The HistDric Gate Cgar FIctDry
1100 SimontDn Street, Suite 20S
Key west, Aorlda 3>>lO
(305) 292-4441 - Phone
(305) 292-4544 - FiIlc
r--
/ .?7CJ /:
/~ /? %'
_11ft 011 axnnT' ...-1aI0NI!RS
MIyor DIllIe M. SpIhIr, DIsbtr:t 1
MIyor Pro Tem Murray Eo Nelson, DIstrtc:t 5
Gelqe Neugent, DIsbtr:t 2
0IIrIes ~ Mc(Oy, DIsbtr:t 3
DIMd P. RIce, DIsbtr:t 4
O~~.!M~~E
(305) 294-441
March 21, 2003
Mr. Charles Baldwin, P.E.
Islamorada Village Manager
P.O. Box 568
Islamorada, FL 33036
Dear Mr. Baldwin:
1 am in receipt of your letter of March 7, 2003 and the attachments in reference to the
Constitutional Fuel Tax distribution issue. As usual you have presented substantial amounts of
research to support your position.
I shall ask County staff and County counsel to review the Issue and will discuss it with the
County Commission at the April meeting. At that point If the Commission wishes to enter a
discussion with the munidpalities and the County concerning this Issue I shall be In contact with you
to schedule the meetings. 1 know you are aware that there are other Issues surrounding the gas tax
distribution and we will be prepared to review those with you also.
Once again, thank you for your presentation.
Very truly yours,
--/~~
James L Roberts
County Administrator
JLR:pe
cc: Board of County Commissioners
Richard Collins, County Attorney
Dent PierJ:e, Division Director Public Works
David Koppel, Engineer
Sheila Barker, Division Director Administrative ServIces
March 7, 2003
COUNCIL:\tAN BOJI. JOHNSON
COlJNCIL1\tAN CHRIS SANTE
l\1AYOR lvURK GREGG
VICE MAYOR MIKE FORSTER
COllNCIl.l\IA:"J GEORGE GEISLER
Mr. Jim Roberts
County Administrator
1100 Simonton St.
Suite 205
Key West, FL 33040
f.U,,9 1 9 2003
- ----- !
---------..
--- .'-.--- --- ~.-
'.-'--- -----.
RE: Constitutional Fuel Tax Distribution
Dear Mr. Roberts,
For some time this Village and other members of the Florida Keys Coalition of Cities has
been discussing and evaluating the subject fuel tax. I am attaching for your review and
information documents pertaining to this matter.
1. Extract from 2002 Local Government Financial Information Handbook detailing
the Constitutional Fuel Tax program.
2. Village of Islamorada and City of Marathon Resolutions requesting Monroe
County to distribute the appropriate share of the County's Constitutional Fuel Tax
to all Incorporated Municipalities within Monroe County. Similar resolutions are
anticipated from the remaining municipalities.
I suggest that appropriate Municipal and County representatives meet within the next few
weeks to develop an equitable distribution formula which could then be considered by
your Commission.
The following presents a suggested distribution formula. All components have
Unincorporated Monroe County as a base and is modeled after the existing state/county
formula I believe it is appropriate to use this formulation. since this fuel tax is restricted in
use to the acquisition, construction and maintenance of roads and related appurtenances:
A. Monroe County Square Miles: 997 total square miles
B. Monroe County Population: 81,140 total population
C. Monroe County Road Miles: 303 total unincorporated
Compone~ts A & B would each be worth 25% of distribution factor. Component C would
generate 50% of the distribution factor.
P.O. Box 568 · ISL\MORADA, FL 33036
305.664.2345 FAX 305.853.535i www.islamorada.fl.us
-2-
March 10, 2003
ILLUSTRATIVE APPLICATION ONLY - FOR DISCUSSION
Islamorada, Village ofIslands
A. 7.11 sq. mi. (Land)
B. 6,846
C. 51 mi
$325,886
Marathon
A. 8.65 sq. mi. (Land)
B. 10,255
C. 59 mi.
$416,820
Key West
A. 5.95 sq. mi. (Land)
B. 25,478
C. 80.1 mi.
$757,585
Layton
A. 0.22 sq. mi. (Land)
B. 186
C. 3 mi.
$ 15,377
Key Colony Beach
A. 0.51 sq. mi. (Land)
B. 788
C. 8 mi.
$ 45,899
Total Municipal Distribution:
Total Unincorporated:
$1,561,567
879.949
$2,441,516
Unincorporated Monroe County
A. 996.91 - 22.44 = 974.47 sq. mi. (Land)
B. 79,589 - 43,553 = 36,036
C. 303 unincorporated
Monroe County Constitutional Fuel Tax Formula
Estimated Monroe County Revenue 2002/03: $2,441,516
SAMPLE FORMULA APPLICATION
Islamorada
(1/4) A. 7.11 = 0.007296
974.47
(1/4) B. 6,846 = 0.189977
36,036
Distribution Factor
0.001824
0.047494
P.O. Box 568 · IslAMORADA, FL 33036
305.664.2345 FAX 305.853.5357 www.islamorada.fl.us
-3- March 10,2003
(1/2) C. 51 = 0.168317 0.084159
303
0.133477
$2,441,516 (0.133477) = $325,886
Marathon
A. 8.65 = 0.008877 0.002219
974.47
B. 10,255 = 0.284577 0.071144
36,036
C. 59 = 0.194719 0.097359
303
0.170722
$2,441,516 (0.170722) = $416,820
Key West
A. 5.95 = 0.006106 0.001526
974.47
B. 25,478 = 0.707015 0.176754
36,036
C. 80 = 0.264026 0.132013
303
0.310293
$2,441,516 (0.310293) = $757,585
Layton
A. 0.22 = 0.000226 0.000057
974.47
B. 186 = 0.005162 0.0012905
36,036
C. 3 = 0.009901 0.004950
303
0.006298
$2,441,516 (0.006297) = $15,377
Key Colony Beach
A. 0.51 = 0.000523 0.000131
974.47
B. 788 = 0.021867 0.005467
36,036
C. 8 = 0.026403 0.013201
303
0.018799
$2,441,516 (0.018799) = $45,899
P.O. Box 568 · IsLAMORADA, FL 33036
305.664.2345 fAX 305.853.5357 www.islamorada.fl.us
-4-
March 10,2003
As each of us is approaching our preliminary budget preparation early resoluti9~ of this
matter would be helpful.
Attachments
cc. Islamorada, Village ofIslands, Mayor and Council
Monroe County Board of County Commissioners
City of Marathon, Mayor and Manager
City of Key West, Mayor and Manager
City of Layton, Mayor
City of Key Colony Beach, Mayor
P.O. Box 568 · ISWlORADA, FL 33036
30;.664.234; FAX 30;.853.535i www.islamorada.fl.us
Florida Le~islative Committee on Jnter~overnmental Relations
Constitutional Fuel Tax
Article XII, Section 9(c), Florida Constitution
Sections 206.41(1)(a), 206.47, 336.023, and 336.024, Florida St~tutes
Brief Overview
In 1941, the Florida Legislature proposed a constitutional amendment to levy a tax of2 cents per gallon on
motor fuel. Voters approved the tax in 1943. The original intent of the tax was to cover the costs of state
road construction. In its current form, the tax is a revenue source for counties only.
The proceeds are allocated via the distribution fOlmula to the extent necessary to comply with all obligations
to or for the benefit of holders of bonds, revenue certificates, and tax anticipation certificates or any
refundings secured by any portion of the tax proceeds allocated under the provisions of s.16, Art.IX of the
State Constitution of 1885, as amended. After complying with the necessary debt service obligations, a
county's surplus funds are distributed to its governing body.
2002 General Law Amendments
Legislation passed during the 2002 legislative sessions did not affect provisions related to this tax.
Elh!ibilitv ReQuirements
All counties are eligible to receive proceeds.
Administrative Procedures
The tax is collected by the Department of Revenue and is transferred monthly to the State Board of
Administration (SBA) for distribution to the counties. There are no deductions from the proceeds for the
General Revenue Service Charges authorized in s. 215.20, F.S. However, the SBA deducts administrative
costs from the proceeds.'
Distribution of Proceeds
The SBA calculates a monthly allocation for each county based on the constitutional formula and credits to
tbe account of each county the amount allocated pursuant to the formula. The distribution formula is
comprised ofthree components: an area component, a population component, and a collection component.
A distribution factor, based on these three components, is calculated annually for each county in the form of
I Pursuant to Article XII, section 9(c)(4), Florida Constitution.
2002 L8cal Government Financialln{ormation Handbook
/I
_._,~.' '-'.
Florida Lel{islative Committee on Interl{overnmental Relations
weighted county-to-state ratios. To determine each county's monthly allocation, the monthly statewide tax
receipts are multiplied by each county's distribution factor.
A county's monthly distribution is detennined as follows:
1. First, the distribution factor for each county is calculated as follows:
l/4
x
County Area
State Area
+
1/4
x
County Population
State Population
+
1/2
x
Number of Motor Fuel Gallons Sold in County
Number of Motor Fuel Gallons Sold Statewide
= County's Distribution Factor
2. Second, the montWy allocation for each county is calculated as follows:
Monthly Statewide County's
Constitutional Fuel Tax Receipts x Distribution Factor
County's
= Monthly Allocation
The State Board of Administration shall annually use the funds in each county account to fIrst pay the current
principal and any interest maturing of bonds issued for road and bridge purposes as well as gasoline or other
fuel tax anticipation certificates of the county or special road and bridge district, or other special taxing
district. After satisfYing this obligation, the funds shall be used to establish a sinking fund account to meet
future requirements of such bonds and gasoline or other fuel tax anticipation certificates where it appears the
anticipated income for any year or years will not equal the scheduled payments.
Any remaining proceeds in each county account are surplus hmds and shall be remitted by the Stare Board
of Administration as follows:
I. 80 percent to the Department of Transportation 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
2. 20 percent to the Board of County Commissioners for use on roads and bridges within the county.
.. 12
2002 Local Government Financialln(ormation Handbook
Florida Le1{islative Committee on Inter1{ol'ernmental Relations
~
r ~
In each fiscal year, the SBA will distribute ~ 80 percent surplus fuel tax proceeds allocated to each county
to the debt service requirements of each bond issue pledging the 80 percent swplus accruing to that county.
The remaining 80 percent surplus fuel tax fimds will be advanced montWy to the Board of County
Commissioners for use in the county.
In each fiscal year, the SBA will distribute the 20 percent swplus fuel tax proceeds allocated to each county
to the debt service requirements of each bond issue pledging the 20 percent swplus accruing to that county.
The remaining 20 percent surplus fuel tax fimds will be. advanced montWy to the Board of County
Commissioners for use in the county.
Pursuant to s. 336.024, F.S., the SBA shall assume the responsibility for distribution of the counties' 80
percent portion in the same manner as the 20 percent portion is currently distributed pursuant to s. 206.47,
F.S. However, the SBA shall ensure that county funds are made available to the Department of
Transportation to be held in escrow for any construction underway on behalf of the county pursuant to
resolution of the countys governing body.
Authorized Uses
Current law requires that the proceeds credited to each county must first be used to meet the debt service
requirements, if any, of the debt assumed or refunded by the State Board of Administration payable from
the tax. The remaining fuel tax funds credited to each county are surplus funds and shall be distributed as
provided by law.
The surplus funds shall be used for the acquisition, constmction, and maintenance of roads. Maintenance
means periodic and routine maintenance, as defined in s. 334.03, F.S., and may include the construction
and installation of traffic signals, sidewalks, bicycle paths, and landscaping. The funds may be used as
matching funds for any federal, state, or private grant specifically related to these purposes.
Periodic maintenance, as defmed in s. 334.03( 19), F.S., means activities that are large in scope and require
a major work effort to restore deteriorated components of the transportation system to a safe and
serviceable condition. Such efforts may include, but not be limited to, the repair of large bridge structures,
major repairs to bridges and bridge systems, and the mineral sealing of lengthy sections of roadway.
Routine maintenance is defmed in s. 334.03(24), F.S., to mean minor repairs and associated tasks
necessary to maintain a safe and efficient transportation system. The term includes pavement patching;
shoulder repair; cleaning and repair of drainage ditches, traffic signs, and structures: mowing; bridge
inspection and maintenance; pavement striping; litter cleanup; and other similar activities.
2002.Local Government Financial Information Handbook
/3
Florida Le1!islative Committee on Intergovernmental Relations
Pursuant to s. 336.023, F.S., any county that agreed prior to July 1, 1977, by resolution, to use the swplus
proceeds to provide a connecting road to a planned interchange on the interstate system shall provide the
connecting road. Any surplus, not otherwise used to provide the connecting road, shall be used on any road
in the county at the discretion of the cowty's governing body.
Relevant Attornev General Opinions
Florida's Attorney General has issued a munber of opinions relevant to this revenue source. The full texts of
those opinions are available via the searchable online database of legal OplDlOns
(http://legal.fim.edu/opinionslindex.html) .
In a recent online search, the LCIR staff identified the following opinions pertaining to this revenue source:
Opinion #
79-41
79-43
79-104
80-22
82-55
83-22
83-26
84-06
85-53
85-93
93-25
Subiect
County transportation trust funds, auditing
Surplus constitutional fuel tax, authorized use
Surplus constitutional fuel tax, authorized use
Surplus constitutional fuel tax, authorized use
Surplus constitutional fuel tax, authorized use
Surplus constitutional fuel tax, authorized use
Surplus constitutional fuel tax, authorized use
Surplus constitutional fuel tax, authorized use
Service charge charged by clerk from gas tax money
Constitutional fuel tax, payment of service charges and administrative fees
Surplus constitutional fuel tax, authorized use
Local government officials seeking more clarification should review the opinions in their entirety. The
statutory language pertaining to dus revenue source has been amended since its authorization. The reader
should keep the date of the opinion in mind when reviewing its relevance to current law or any
interpretations that have been articulated in Florida case law.
Current Year's Revenues
Table 1 displays the estimated distributions by county for local fiscal year 2002-03, as calculated by the
Department of Revenue. In addition to the estimated distribution, the table also lists the area, population,
and collection components as well as the distribution factor for each county. The estimates are based on a
statewide estimate of total constitutional fuel tax collections. These estimates are net of the State Board of
Administration's administrative deductions. Inquiries regarding the Depamnent of Revenue's estimates
should be addressed to the Office of Research and Analysis at (850) 488-2900 or Suncom 278-2900.
-J-4
2002 Local Government Financial Information Handbook
Florida Legislative Committee on 11IIergovernmental Relations
Prior Years' Revenues
Several additional tables summarizing prior years' disnibutions to counties are available via the LCIR's
website (http://fcn.state.fl.usllcir/databank/revenues.httnl) .
2002 Local Government Financialln[ormation Handbook
15
"
Table 1
Constitutional Fuel Tax
Estimated Distributions by County
Local Government Fiscal Year 2002.03
County
Collection
Component
Population
Component
Area
Component
Distribution
Factor
Estimated
Distribution
Alachua 0.69275% 0.34129% 0.40960% 1.44360~ $ 2.755,941
Baker 0.09486% 0.03454% 0.24530% 0.37470% 715,330
Bav 0.54921 % 0.23007% 0.36710% 1.14640~ 2.188.564
Bradford 0.08926% 0.03993% 0.12260% 0.25180% 480,705
Brevard 1.45646% 0.74276% 0.54030% 2.73950% 5.229,911
Broward 4.68898% 2.52588~ 0.51240% 7.72730% 14.751,995
Calhoun 0.04628% 0.02001~ 0.24060% 0.30690% 585,895
Charlotte 0.49805% 0.22132131 0.33840~ 1.05780% 2.019.420
Citrus 0.31119% 0.18443% 0.27480% 0.77040% 1.470,751
Clav 0.40553% 0.21867% 0.26040% 0.88460% 1.688,768
Collier 0.73648% 0.40489% 0.86260% 2.00400% 3.825,786
Columbia 0.32950% 0.08736% 0.33290% 0.74980% 1.431.424
DeSoto 0.07102% 0.05012% 0.26590% 0.38700% 738,812
Dixie 0.04784% 0.02152% 0.30930% 0.37870% 722.967
Duval 2.78439% 1.21538% 0.35900% 4.35880% 8,321,276
Escambia 0.90415% 0.45423% 0.31990% 1.67830% 3,204,001
Flagler 0.16075% 0.08123% 0.21280% 0.45480% 868,247
Franklin 0.04609% 0.01521% 0.32150% 0.38280% 730,794
Gadsden 0.23631% 0.06933% 0.22460% 0.53020% 1,012,192
Gilchrist 0.03648% 0.02250% 0.14920% 0.20820% 397.469
Glades 0.02794% 0.01625% 0.4121O~ 0.45630% 871,111
Gulf 0.03339% 0.02308% 0.27390% 0.33040% 630,758
Hamilton 0.09679% 0.02102% 0.21750% 0.33530% 640.113
Hardee 0.07939% 0.04121~ 0.26760% 0.38820% 741.103
Hendry 0.15520% 0.05557% 0.49600% 0.70680% 1,349,334
Hernando 0.38473% 0.20325% 0.20730% 0.79530% 1.518.287
Highlands 0.27079% 0.13504% 0.45980% 0.86560% 1.652.495
Hillsborough 3.31334% 1.57209% 0.52040% 5.40580% 10.320,078
Holmes 0.06825% 0.02865% 0.20860~ 0.30550% 583,222
Indian River 0.42777% 0.17715% 0.22120% 0.82610% 1,577,087
Jackson 0.28207% 0.07271 % 0.39660% 0.75140% 1.434.479
Jefferson 0.08387% 0.01997% 0.25160% 0.35540% 678.485
Lafayette 0.01452% 0.01080% 0.23090% 0.25620% 489,105
Lake 0.65071 % 0.33729% 0.48500% 1.47300% 2,812.067
Lee 1.45215% 0.69644% 0.42980% 2.57840% 4,922,359
Leon 0.71061% 0.37386% 0.29790% 1.38240% 2,639.105
Levy 0.13017% 0.05376% 0.48590% 0.66980% 1,278.698
Liberty 0.02708% 0.01092% 0.34770% 0.38570% 736,330
Madison 0.16266% 0.02888% 0.30000% 0.49150% 938,310
Manatee 0.72230% 0.41452% 0.35570% 1.49250% 2.849.294
Marion 1.08469% 0.40458% 0.68440% 2.17370% 4,149,756
Martin 0.42124% 0.19729% 0.28450% 0.90300% 1.723,895
Miami-Dade 5.81965% 3.49945~ 0.91700% 10.23610% 19.541.483
Monroe 0.33542% 0.12337% 0.82010% 1.27890% 2.441.516
Nassau 0.19264% 0.09034% 0.27480% 0.55780% 1.064,882
Page 16
Table 1
Constitutional Fuel Tax
Estimated Distributions by County
Local Government Fiscal Year 2002-03
County
Collection
Component
Population
Component
Area
Component
Distribution
Factor
Estimated
Distribution
Okaloosa 0.59870% 0.26554 0.41760% 1.28180% 2,447.052
Okeechobee 0.18176% 0.05534 0.37080% 0.60790% 1,160,527
Oranl2'e 3.44280% 1.42379 0.41850% 5.28510% 10,089,652
Osceola 0.69026% 0.27485 0 0.62880% 1.59390% 3,042,875
Palm Beach 2.98490% 1. 76739% 0.93300% 5.68530% 10,853,664
Pasco 1.00091% 0.53946% 0.32410% 1.86450% 3,559,470
Pinellas 2.23694% 1.42245% 0.18120% 3.84060% 7,331,993
Polk 1.69265% 0.75950% 0.83950% 3.29170% 6,284,102
Putnam 0.21644% 0.10842% 0.34560% 0.67050% 1,280,035
Saint Johns 0.51743% 0.19688% 0.29250% 1.00680% 1,922,057
Saint Lucie 0.65762% 0.30351% 0.25450% 1.21560% 2,320,672
Santa Rosa 0.33988% 0.18581% 0.48500% 1.01070% 1.929,502
Sarasota 0.95023% 0.51136% 0.24910% 1.71070% 3.265,855
Seminole 1.00237% 0.57861% 0.14620% 1.72720% 3.297,354
Sumter 0.38147% 0.08716% 0.24110% 0.70970% 1.354,871
Suwannee 0.16437% 0.05465% 0.28870% 0.50770% 969.237
Taylor 0.10038% 0.02988% 0.44040% 0.57070% 1,089,509
Union 0.03548% 0.02081 % 0.10450% 0.16080% 306,979
Volusia 1.30993% 0.69205% 0.52300% 2.52500% 4,820.414
Wakulla 0.06674% 0.03645% 0.26040% 0.36360% 694.140
Walton 0.21897% 0.06513% 0.47960% 0.76370% 1.457,961
Washington 0.07682% 0.03282% 0.26040% 0.37000% 706,358
Totals
50.00000%
25.00000%
25.00000%
100.00000% $ 190.907,500
Source: Department of Revenue (revised 7/2002)
P age I 7
eI110randmn
From:
Village Council ~///fh// ~7\.
Charles Baldwin, P.E., Village MauageW;j/ Jil'0
01/23/03' G-
To:
Date:
Re:
Resolution Requesting Monroe County To Distribute Constitutional Fuel Tax
HEM
This is a resolution requesting that Monroe County distribute to Islamorada its fair share of the
Constitutional Fuel Tax received by the County from the State of Florida. The resolution further
encourages the Florida Keys Coalition of Cities to pass a similar resolution affinning that they want
their fair share of the Constitutional Fuel Tax.
RECOMMENDATION
Approval
BACKGROUND
The State of Florida collects a Constitutional Fuel Tax of2 cents per gallon on motor fuel, in
accordance with Sections 206.41(1)(a), 206.47, 336.023, and 336.024 of the Florida Statutes. This
tax is then distnbuted to the counties based on a distribution formula comprised of three components:
an area component, a population component, and a collection component. The Constitutional Fuel
Tax must be used for acquisition, constIUction and maintenance of roads (including construction and
installation of traffic signals, sidewalks, bike paths, and landscaping).
Incorporations within Monroe County have removed many roads and bridges from the jurisdiction of
Monroe County. The maintenance and operation of these facilities is now the responsibility of the
Village of Islamorada. Therefore, the Village is requesting that the County remit to the Village its
fair share of the Constitutional Fuel Tax that the County receives from the State of Florida.
STAFF IMPACT
None
BUDGET IMPACT
The estimated total distribution of Constitutional Fuel Tax to Monroe County for Fiscal Year 2002-
2003 is $ 2,441,516. An estimated Village share of this total has not been formulated.
,"' ~ .~~~. ~~~~..~,r ~,.~. 11. : 1. ~ "',>liE-~?~:"u"':7
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RESOLUTION NO. 03-01-02
A RESOLUTION OF THE VILLAGE COUNCIL OF
ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA,
REQUESTING MONROE COUNTY TO DISTRIBUTE THE
APPROPRIATE SHARE OF THE COUNTY'S
CONSTITUTIONAL FUEL TAX TO ALL INCORPORATED
MUNICIPALITIES WITHIN MONROE COUNTY, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Monroe County continues to collect and retain the Constitutional Fuel Tax
distributed by the State of Florida under F.S. Section(s) 206.41(l)(a), 206.47, 336.023, and
336.024; and
WHEREAS, incorporations have removed many roads and bridges from the jurisdiction
of Monroe County; and
WHEREAS, the maintenance and operation of these facilities are now the responsibility
of the Village of Islam orad a; and
WHEREAS, the Village of Islamorada has not received any of the Constitutional Fuel
Taxes collected by Monroe County since its incorporation; and
WHEREAS, the Florida Keys Coalition of Cities is encouraged to create and pass a
resolution endorsing collections and payment to Coalition Cities for their fair share of the
Constitutional Fuel Tax.
NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL
OF ISLAMORADA, VILLAGE OF ISLANDS, AS FOLLOWS:
Section 1.
Recitals.
That the Village of Islamorada specifically requests its fair share of the
Constitutional Fuel Tax received by Monroe County from the State of Florida.
Page I of2
That the Florida Keys Coalition of Cities, which are incorporated municipalities
within Monroe County, is requested to pass a similar resolution to notify Monroe County
that they also want their fair share of the co]]ected Constitutional Fuel Tax.
Section 2.
Effective Date.
This resolution sha]] become effective immediately upon its adoption.
The foregoing Resolution was offered by Mayor Gregg, who moved for its adoption on
first reading. This motion was seconded by Councilman Geisler, and upon being put to a vote,
the vote was as fo]]ows:
FINAL VOTE AT ADOPTION
VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS
Mayor Mark Gregg YES
Vice Mayor Michael Forster YES
Councilman George Geisler YES
Councilman Robert Johnson YES
Councilman Chris Sante YES
PASSED AND ADOPTED ON THIS 23rd DAY OF January, 2003.
ATTEST:
15:~ '1lb<~
VILLAGE CL RK
~-tfP-/
MAYOR
SUFFICIENCY:
Page 2 of2
~
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John Bartus
Mayor
Randy Mearns
Vice Mayor
Jeff Pinkus
Councilman
John Repetto
Councilman
Pete Worthington
Councilman
William "Scott" Janke
City Manager
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M EM 0 RA N 0 U'M"'-"
TO:
Monroe County Board of County Commissioners
Monroe County Municipal Clerks
FROM:
Katherine Selchan, City Clerk
RE:
City of Marathon Resolution No. 2003-48
DATE:
February 26, 2003
Enclosed please find a certified copy of Resolution No. 2003-48 passed and
adopted on February 25, 2003.
This resolution requests Monroe County to distribute the fair apportionment
of Monroe County's Constitutional Fuel Tax to all incorporated
municipalities within Monroe County.
Please forward copies of this resolution to your city's elected officials and
city/town/village manager.
:ks
Enclosures
10045-55 Overseas Highway.Marathon, Florida 33050.Phone: (305) 743-0033.Fax: (305) 743-3667
RESOLUTION NO. 2003-....!L
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, REQUESTING MONROE
COUNTY TO DISTRIBUTE THE FAIR APPORTIONMENT
OF MONROE COUNTY'S CONSTITUTIONAL FUEL TAX
TO ALL INCORPORATED MUNICIPALITIES WITHIN
MONROE COUNTY; REQUESTING CONCURRENT
RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Monroe County (the "County"), continues to collect and retain the
Constitutional Fuel Tax distributed by the State of Florida under Section(s) 206.41(1 Ha),
206.47, 336.023, and 336.024, Florida Statutes; and
WHEREAS, incorporations have removed many roads and bridges from the
jurisdiction of the County; and
WHEREAS, the City of Marathon (the "City"), pursuant to a Road Transfer
Agreement, has been responsible for the maintenance and operation of roads within the
City, previously the responsibility of the Board of County Commissioners;
WHEREAS, the City has not received any of the Constitutional Fuel Taxes collected
by County since its incorporation; and
WHEREAS, the Florida Keys Coalition of Cities is encouraged to create and pass a
resolution endorsing collections and payment to Coalition Cities for their fair share of the
Constitutional Fuel Tax.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and incorporated
herein by this reference.
Section 2.
Request of Fuel Tax Apportionment.
The City of Marathon
specifically requests that the Monroe County Board of County Commissioners remit the
City's apportionment of the Constitutional Fuel Tax received by Monroe County from the
State of Florida, to be used for improvements and projects for the City's roads.
Section 3. Request for Concurrent Resolution. The Florida Keys Coalition of
Cities, which is comprised of the incorporated municipalities within Monroe County, is
requested to pass a similar resolution to notify Monroe County that they also desire their
fair share of the collected Constitutional Fuel Tax.
Section 4.
Effective Date. This resolution shall take effect immediately upon its
adoption.
PASSED AND ADOPTED on this 25th day of February, 2003.
ATIEST:
~aU~ ~-
CITY CLERK
CERTIFICATION
APPROVED AS TO LEGAL SUFFICIENCY:
I
I CERTIFY nus TO BE A TRUE &. CORRECf
COpy OF THE ORIGINAL DOCUMENT ON
FILE.
WITN~ MY HAND AND OFFICIAL SEAL OF
.~ ~ of. /Yla.ra..l-hoYl
Ia"'l mE co OF IYl 0 J'? .e. o~
FLORIDA. nus c:/ft:,f/.1 DAY OF Pe. Dr" t1 r 'ff
20 ...Q2....
~V~~
CITY CLERK
592001/Resolutions/Monroe County Distribute Share Re Rule Tax
2