The URL can be used to link to this page

Item S5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 18, 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. In addition County staff has prepared documentation that will hopefully clarify many of the issues in reference to the County's use of gas tax funds and the availability for distribution. At the May meeting of the Board of County Commissioners the Board asked that this item be agendaed for the June 2003. PREVIOUS RELEVANT BOCC ACTION: This item was rescheduled by the Board of County Commissioners for discussion at the June 2003 meeting. CONTRACT I AGREEMENT CHANGES: N/ A STAFF RECOMMENDATIONS: The BOCC should not approve the sharing of additional funds since gas taxes are totally programmed in a Seven-Year Road/Bridge and Bike Path Capital Plan. TOTAL COST: Unknown BUDGETED: Yes No Unknown SOURCE OF FUNDS: COST TO COUNTY: REVENUE PRODUCING: Yes No AMOUNT PER MONTH YR APPROVED BY: County A~ DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow Not Required DISPosmON: AGENDA ITEM # ifc2 Constitutional Gas Tax Discussion · Roads Monroe County Key West slamoradl Marathon Key Colony Beach Layton Total Miles 389 · 80 40 · 58 8 3 578 Percent of Total 67.3% 13.8% 6.9% 10.0% 1.5% 0.5% 100.0% Bridges 30 0 0 7 I 1 I 0 38 * Mileage differs from that provided by the Village of Islands · Revenue Monroe County Key West Islamorada Marathon Key Colony Beach Layton $ % $ % $ % $ % $ % $ % Local Option 1,480,000 60.5% 1,165,000 .. 36.5% 294,500 . 273,733 . 64,000 2.0% 32,000 1.0% Constitutional 2,400,000 County or Municipal 1,000,000 455,636 (1) 102,030 (1) 144,928 (1) 13,307 (1) 3,155 (1) $4,880,000 $1,620,636 $396,530 $418,661 $77,307 $35,155 * These cities receive their money from Monroe County's 60.5% share. ** Key West wants $329,654/yr. to take over County Roads (9 miles). County average cost for roads is $37,186/yr. for this length of roads. · County Gas Tax Expenses - Average Last Three Years (excludes paving, bridge repair, bike paths) Unincorporated Services Road Department, County Engineer, street lighting, Cost Allocation 3,269,178 Countywide Services Veterans transportation, Middle Keys Guidance Clinic transportation, Guidance Clinic transportation, Social Services transportation 1,086,412 TOTAL $4,355,590 · Annual Revenue less Expenses available for paving, bridge repairs, bike paths $500,000 · Annual Project costs exceeding $500,000 will lower fund balance · Fund Balance varies between $13-14 million · Reasons fund balance stable until now 1. Alternate funding used where possible 2. Projects delayed due to hurricane 3. Projects delayed due to anticipated sewer and water line 4. Projects on Big Pine Key stopped for years due to Key Deer issues 5. Reduction in use of consultants plus staff vacancies · Reason actual expenditures less than budget 1. Money appropriated into project account to balance budget · Reasons Fund Balance now declining 1. Transportation Impact Fees depleted in District 1 (Lower Keys) 2. Hurricane projects complete 3. Work resumed in Stock Island and Key Largo after being stopped for sewer line 4. Work on Big Pine proceeding as Key Deer issues resolved 5. Full staff (1 position vacant) 6. $1 million to Marathon for Boot Key Bridge 7. $914,000 to Islamorada 8. Project costs increasing due to stormwater managemenVdrainage in road projects (1) Estimated annual amount · Reasons Fund Balance will continue to decline 1. Only $500,000 available each year for paving, bridge repair, and bike paths 2. Seven Year Plan identifies $11 million for paving and bike paths over the next five years. This will deplete the fund balance. 3. Included in the Seven Year Plan is resurfacing of roads following sewer work. If gas tax not available for this, sewer costs will dramatically escalate. 4. Bridges continue to deteriorate. No money programmed in Seven Year Plan. Millions of dollars needed to maintain 30 County bridges. Examples of cost to maintain bridges: Boot Key Bridge - $1 million, No Name Bridge - $1 million, Card Sound Bridges _ $2.1 million 5. Project costs continue to increase, stormwater managemenUdrainage incorporated into many projects COUNTY GAS TAX EXPENSES (No paving, no bridge repairs, no bike paths) FYOO FY01 FY02 Average Unincorporated Services Road Department, County Engineer, street lighting, Cost Allocation 3,278,088 2,933,429 3,596,017 3,269,178 Countywide Services Veterans transportation, Middle Keys Guidance Clinic transportation, 962,008 1,051,339 1,245,889 1,086,41. Guidance Clinic transportation, Social Services transportation TOTAL $4,240,096 $3,984,768 $4,841,906 $4,355,590 l0 ..::1 ll::llOl ~ ~ '-.) ~ ~ L <3 ~121/~12I. d I/) z 2 I- ::I !:!.!!!l ..Ja: ~a:i Ii; a i5~ Cl . !.l..:;:;~ 00:> !Z;f~ wCI). ::aw", ~::Ig <(2", ~~... a:: a:: ~WW a:SgB 9Ul 1I.!.l.. o Z o ~ ~ u.. 2 o U u.z'" OO~ 5~~ 1-0 U.fi3.... 0",0 >",- ~it;G; u~c ;l: ~~ ~CII8 0>.... ;;;::.... 1;9~ U8 CIJ o ~~l2? ~!!20 O!.l..- ~O'" 1IJa> (:lQ !{l~ ...I :> ~ z SUO lIJg~ I-OCll!O Zo:: .:> :::12: go ~:i c w 5 l!l ~ !!2 c LLI ~ J: I- Z o :'!i z S2 I- :J m Ii: I- ~ o ll. n ~c6 12158 z u.o~ o::t:1'l ~i;: ,,<<0) ....::eo g N 0:: W aJ ~ g Cl) '" coi ~ $ i ~ .... ... ("I ,..: ~ ;t ltl <"I si .... fil .... ~ I o ;::: .... '" ... ~ ~ oil <0 Cli (I) o ... N !::! Cli ~ Rl ... ~ u; CQ o ... ~ Cll, .... l"l '" ,..: ~ ~ ~ ,..: Ql .... g .... ~ IE I.Iol m ~ W > ~ CD to Cli a> C!. ;;j N .... oj ~ ~ ~ ct! CCl o .... lR ClI. - ..., ... ,...: ~ .... .... :q ~ ,...: ,...! ~ OJ ~ ~ I N ~ ~ a:: ll.I aJ ~ W (J ~ Q) fQ, en ~ '" lB ~ .... ... ~ ~ ~ a .., $ i ~ "!. - <") ... ~ ..; .... .., 8 ~ ;; 8 ~ ~ ~ < -, N ... m .... 01 N coi lil ~ i ~ .... CO> N ,..: ~ :t In "'l si .... ~ .... M 8 ~ Q g N > ~ II: = W Ll. IS ~ q N N - ~ .... Cl) N coi ~ $ ~ ~ Ql. .... ... N po.: ~ ~. ltl <"I si .... g .... CO> g So::! ~ o l"l ~ ::t: (J ~ 18 m l;? ~ ~ 0; ~ en ... '" ~ tIS CCl o .... ~ CI!. ... l':a po.: Db. .... .... ~ ,..: ~ c '" .... 8 ~ C! (!j ... g ... ..J 0: ~ <I; 00 co Cli :!3 ..: N ~ ... ~ :i N i ~ a ~ to '" ~ lA Cll, - .., ('of ,..: ~ ..; .... ~ .... 2! g ~ ~ ~ ~ ;:; ~ to; ~ a:I ~ ~&i~~ "':ld~"': 'fN .... ....'" .... ~ Si. 18 .... ... l=;~~1O . . .~ ~~~~ Nr-- M ~lij:l~ ~~~~ ej ,.:... Sii! i'i~ ~ :gi~2 ~!:i~"': Cll:a: ~ gf iii ';!.. 8~l!;'; l5i";"'~ -~Sii-: uiN a! ~"" = ~ I- 1IJ ~ g~ ...... ~a: ...g a:: 0 ~~ oo!! ~li:l XI-:J ~;;;::II. W I/)(J..J W::r;5 ~tti~ ~~II) oli!~ ff:1I.f2 ~~... -;"'.;;1:: "'In", cg <"I . ~lElil "'11lJ!! ~(I)1(l ~1~ . "l ... ... ~ ~E ffla:: ~~ rnlJ ~::E If:~ ~~ ~~ ~oa / .Sla ~ saNn~3~ '" '" ~ cg '" ~ u; '" .... ~ ~ ~ ~ ..... :?i ~ ~ - c <Z:l 0Cl ~ ~ ...: ~ f2 z ;: ~ w{f.l m,.... 12~ Q..J !!!~ !!.;;: !i:w Ill:!: (J~ >-~ ffio tt:Cl Ww ::t:~ ~~ ~~ ~~ ZCll ~e 01= ~;:) CIle CIltt: ~li; ;:)- 00 ~..J <~ 1IJ!:,,:: i::;: ;;;:: Q I- (J W CI:l ~ z~ o~ 00:::1 ~8l2? (1)u... Lr.i<- ::t:w' liiii Zw-. Z>l;! WWas ~tt:_ ~ ::I ~ S2 II) ~121:9~ [l2Il21c-9121-Nnr ,., II -I 18 8 8 8 ~. ~ ~.I~. 8. 0 0 8 0 8 8 !I 0 ~ 8 ~: 51~. 0 T ~ ~ 8 ~ g. -g ~ sf ~ ~ 0 0 .~A 1,8"' N "\'f' 1\O:i ~": 0\ ("f') I~"~" 8" ~ ~ Q:l ! N" ~ 00 0 I ("f') t!,1 I~" 0 \0 ('-. f'--I N 0 I . . I I I ~ oo.~ ",. I.... ~ ~ III ~11~.il~"I~.II~ ~..~. 513~ ~131~.~.~. 0 0 ~,~.~' I ~ oio ~ ~I ~ ~. ~ 1..l1~11 '" ~ .... !;; ~. 8. '" 'II'" 'Ikl'" 1~I:c tl ~ I. ~.~I;;:; ~ "'l: I -, I -,- I I "'1:i:?S ",. 1-.1 8! -III i~.I~li~I~.I.:~ ~ ~.,~ ~Io 0 ~.!o,~. ~ISIIO ~I ~.I~ Ilg. ~.I~I~. g.1 ~ >0 'I~ -g IN r--- ("f') 0,0 N''''''' I 0 ...... lti 0 lti ~ N l:g;;:: I 0 ~ ;;:: co II IS ,....':s. r--! i ; '" ... - a- 0 1:::.1 I r-- '" :;{, 1 -I ..; r--',~ " I~!~ ~ ~ ~ N ~Ia,g OI~I~ ;; ~Ifti 010 ~ ~ 01' i~'IO ~ooJ2!;""I~- ~ !-.. ~ Ifi" N" 00... ~ 1".. "1:'Gl" I-lr---" N" 0\ -.::t i IN" \() 0'\.... 0\" ~ ~ ~ ~ ggl: ~iN!- i_ ~ ~ 1""'"" I ~~.. g 001 ;!"I~I~ ("f') .... ... 00' 0 I' r-- . - 0 00 ~I '" I, '" '" ., ......' -. 1 I "'. ::[ ?SI ., I "" 010'0 0 0 0 0 o~l~o 0 0180 0 :3 g ~ 0 :: ~;;;I I ~lo 0 -q-fl;oo lO 0 0 o "! gl~ g :5 g g :5 g goo \C ~ 00 0\ 00:1"1 00 ~ :is gg ~ : N 0 0 101 ......" N"I rI5 I "",""I -.::t" 00 r-"I i :....:~" 0 00" > ~ ~ I ~~f;- ~ ; g" ~" ::d' -", -"I 0 I I'" I ("f') 00 ("f') i i t- lti ~ lI"'I r:- ~ .......11-'-11 5- ~~" t- i: III") ~ -" "1 \0 ~ \OINI~" N l()" g ~ ~I ~"~J~:~,, ~"'~,,~,,~,, ~~" ~ ~"ll~. ~~. 0 0 ;.1 ;.~ -I-Ii 0 on. 00""1' "'.1 t-" an 01 > ~ -g :I~ !;;!I~ ~ ~ ~ ~ _ 0'1 t'-- _ an an NI 0'1"'=:t lO i I'" :~. ~ ~':'. ~ ~ \J CO f- -.:t" 00 0 ~ N Ii - ~ ~"I g..~" i ; '- N - N ! - ~ I --- ".. i i I i 10 I ~ 0'1 ~ Iii -", : ~ll J ~ii ~1~li ~ ~'I~I~' 00 I Ol~ ~Ir~ll ~~Ii;~i r ~IHI gi ~I ~IO ,..;j' I 00 rr-- .... 0 00 '" 00 1 '" I 00 0 0 Ig=<-. 0 r--oo 12' 0 015: -". ~ I '" 0 ~ I' "'~JI':! ~...." -:: I ~ I~ ~:~ 1::11- ~.'~...r::. ;;;;'~ g(. ~I~.;;;t v' ,- :..; ~ :~ tl.:: " ::, ~ ~ :;: ~~ "" "'1_ 00 .0":,,, "'I-I... .. I"'. ....001 "'.0.....6 "'. a;' ;;: I..l al,: ,., r::.,'" ::; &l. g( - I ;1:;:: I~" ~"~,,I ~:::: ~1~ C;" :::: oo[ _~ 1 -: I I '" 1 ~ ~ I "" 1 I i ~] ;1: 8.18.18.8.8.8. 8. ~1.:8.lo 01810 811:81~ o[;;;! ~ 8 ~ oll~ ~II:~I ~ 8 ~ > ~ ]11 101oJ~ 0 :5 lrI lrI _!M ig"i ---IN"II~ I~"i~";;:;" ~"# ~r8'" ~"I~"~" I '"- ::' :~I:,: ~ :1': r::~I!~II~ 81"" I ~ I~ 6~. ~ 0 : : : ::: : 01 ~ e ~I 2 ~11'~li ~ i.I~"~" :}I- " ~~. ~r~ 0,; ~ iiif' ~ ,~i~ ~I ~.15 i. "'l: 1 ' I "',~.?S ",. 1 o : 0 0 : 0 ;110 e:IOiO oo!o 0 olliS'lo Ir) 0 Ir) f- 0 -''''d'' 0'1 0\ 0 0 0 00 1.2!' 0 0 0 0 0 0 0 0 0 I I 0: 8 8 ~ I ~ 1 ~ ~ N 0 0'1 ...0 lIi 0 0 O\i: ~I ~,,~.. d~" d~" ~"i~ ~, i .. ""I ~I ~" ~:-- ~ ~I'~" ~" > i 0 "0 I N lIi MOO N _ 1 'I I ~ N ~I 00CJ...~ _.., 0~..1 0 "'d" 00 0 N i lrI 0, ~ I~ a:l f-.. ~ 10" f- i ]..... '..; 0\ - \0 M r<"'i,.i N ...o,,~ - I 1- I ~ S!~i N" t'---I ooll ~ 8- ~ e "" 1 118 S1 8 8 8 0 8;1:8~1:8 0 0 000008000 51 lO"O"O"O 0"0 lrI""":_" i:i:l N~M~:5:8 . . I.. I I ~I~. 8. 8. 8. 8. 8. 8. 8. 8.1,00 5:1 l~ ~ g ~ ~ 8 ~ - - I Ii...... ....... i i 1 18.ll[8. 8. 8. 8. 8.1 8.18. 0 '" 0 0 0 0 0 '" -1- NIr)("f'1l1iOO- !:1 "'Ia-. o. 6'00;;~ VI lIi Q\ "'1' ... '" '" V; M otO .,.r "'1' \0 l"f':l t'-- ~ \Ot'--=~ ~" ~~ 00 o o '" '" '" 00 00 00 ON" r--] o 8. ~ e "" 00006'0 8 88~ ~I I~""~I t-_ _ 01 <:> <:> '" a- ... "'. 1(";1 '=< ~ I \C tf") ~i r:;1~ -.:t"I.,..;!...: -I-i 018 0 Slolo ~ ""I '61~"1~ ~ ~ ~"I - ~ l~ = ~! 1 1- I.....:~"" g 0 g g I ~l 0 ~ 1 ~ ~. 1/)" 0" N" .,r M"I ocJ ~ 1- ;!;I ~i ~ ~ -I ....' "'. 'll 8 '" ;j\ >08.- ~ e p.. "" 0'8 I~. ~ 1 ~Il ~J: o 0 0 0 0 01'0 0 0 0 0 g"g~8g8gg88 lIi 0 0" 0'" 00 "V)"........ " N~("f'1~:5:8- I . ....... I I 8 :5 8 818 8 gig :5 0 0 0.. 0.. "0,, 0" 0" o"lb" 0" ~ ~ ~ ~ 8 8 ~I- N.. "l:t 0\" 0.. 00 o o "'. '" ( 8.18. ~ 0 o N W) - ... ~ o '" '" <'1 '" '" ~": 00 00 1 '" r-- - '" O~" ,., a- r-- ..: ::: I "" 2!; 1;l ;jl >08.- ~ e: ~ "" -- ,., ~ ]1 ~.! < ~~ --++ ~~I~~ N ~,M f- "'_"I "'II:f" I 0000 o o "'. '" '" ~ ~.Io 0 , 1 , , ~I ~ ~ r--.I N.. 0"\.. '" '" 00 ~I ~ 00 00:;1 ~"00 o 0 0 N 0' OrO 0 - 0 ooot'--o o"oan" "t"i ~. 8.- ..;j I o ~ " ~ 1..l1~ ~i = = == '" - M ~= .... - E"l:l Q" Sl ]~ .s. = u ~!~ J ~ I..l tSl "'l: lIi ~1-:lr'I O'\i\O ~ N 0\ 0 ~ ~ ~it!J~"N"I~:;"o,,?2,,~ lrI" 0-," 0\'..'-1\0 ~ 0\ ("f'1 t"-- 00 M 0 ~:N 00 0 - - 0\" ~ \0" 00 00 , o '" '" ",. Ir-- I~" i 8 Ii: Clan ~ ~I I~ ~I I'~. - ..... o ~II~ .0 '" . I~. '" ("f'1f-f-0\0~ O\\OO\lIi ...0 ~" ~ ;;:.. .,) 0\ a- '" '" ~IJ ~ -< tSl ~-+-- l..;j ~I~ , ~I~ tSl 810 8 0 8 8 0.,8. o. 8. o. o. ;:ql'~ ~ 8 :5 :q I l'" ~ \0" r--- 00 o o I...... 1 , I 000000 0010 18. ~.. ~!~" 18 '" "'too '" ",a-a- NOO~ a-.'I'...o" 1:''' - r-- 00 ~ \0" f- ~ ~1~ ~ ~ ~ ~ ~"Nit'''~ ~oo:i r-- 00 a-o "'0 oo:i C'".f '" 00 0 r-- ~~~ ~ ~"i;~" 00 ........' 1 I 8'818 0 8 8 8 810 0.10.10.8. o. o. o. on. 8. ~i81g ~ 8 8 ~ - - : f'..j ("f'1 "'l f- ,-, tL 00 00 '" 0 -" r-,f 6'00 <:> 0 .., r-- r.: 00" .., 0 ~ ~ 00 00 o o o. o .... I I ~l! "" " " ~ .. lOll "" .C =:I all "" i , I , , 'ol !:g ;~ 5 ! '~~ ~ .s ~eIE~~~ 1 &lli ~ ~ ] ~ I Ela~aa~.a~ I 8 ~I ~ ~ ~ g .~ ~ : 0 ~I ~ ~ ~ -RI <l .g .g ~ i!'~ :.,s ~ I ~ " ~ 01..8 _il _il 5 8. 8.011' I ~ €\-:;; " SOl. 5 til til Q '" ~ _s.! 8. " ~'8 3i~ 8 8 81~ ] ~,i,J:lj u ~ "0 -a a ::: a .~ ~ 1: 2 ~ =~a ..,.. o~ e~c r.ng~= .2 ~ i I.~ ~ Ii ~7i~~~8"~~ ,,1J!1l '" 1J!-= ",,-_.. ;;J ~ ~Iji~ ~i ~ ;:. I I ~.~.Io ~.~. ~ ~Ioio 0 r- ",'[ - 0 r-- ;\ 1 I; ~l 0 I;' ~1'1 ;1 ~ II ; ~I' 0 C f-\C _000, I- I"'. Ir-- '" -. 1"'1 "'I I'" '" 01001.... 0 0100 0 0 r-r) t"'- lIi ("f'1 0\ - - ~"'d" t'--~r---"lO~ I I 10\'" \0" -" ~ \0 00 N" 'I i~r \011. r::i~i q ~ ~ I " 'I'" 1 I l~ f2 0 ~ ;3;1181 g;1 ~ 'o:::t'-.:t r---oq-O\f-\O ~" ~ ...: ~f, ~ ~"I ~ ~" f- N ~,- I I ' o ~.IJ~~. ~I~. ~~. OOO_NO\~\O -100\- 0 I...... I. "''''0 '" r-- ...... a;-.c r- '" '" ""I ~I~ r:: _" rr) oo:i _ 0 .... r-- '" '" I"'. '" 00 o :~" ,''' ",. o ol~'" ~..' ~"i 8.. t-NOOO NOONlO ...0 _ .q- N ",. I I I o >>1 ~Iffil I - - I-+- 01", r-- 00 I .... - '" I ~.:. I;;. I 00""" ~ I _.0. c. II N - If- I ~. ~~I~. ~ 0 NO\~\O _ 0 I . 000 oa- oa- 0\" ocJ 00 '" .... .0 Nt- ~o ~ g ~I~ V)"~N~" NO"I"'d"\O _ o. I - I ~18 ;;:; ~IO ~~("f'100 tn"~" N M" N,O\ "I:t \0 _ o. 0'" 0'" ~I:;'; 0000 ...'" r-: OONf-- "'0'" ...."',., an"~(".r SjO\~ gal ~~I 00'" ... '" 1 001 ~ ol~.,~ '" I~::; o. I r--. 00 o o "'. :;:;: 0'" r--I-'" NOlliO "'d"MC"iOO l"lIi" ~N"(1')" IN 0\ ~ ...0 _ I 0" o "'d"10 0 N t- - ~ N 0 0 o a-.IO 0 N 0 I/) 0 t- 0 lIi 0" f'l1..0"0"~"I(1'),,f'l1..00,,lO.,O..lO., OOOO~V)-.:tN('f1\OO\f- ~! ~ g c; ~ 0\ oo:ti~l~ ~ ~ _" ....: f"'f -' o 0 8"i 8" OiO lrI!O "'1-. 1-, ;;;1 ~I'o ~I~" 00:("1') -1- ~ ~: r"1 00 I '" . 00- -'" . '" ,., . -~ '" 0 a- lii I~I ~~~~~ ~oO-";; ~ 81~1~ ~.. i 1 ~ ~ ..... ,., '" . r--'" or-- . 00 '" . -~ 00 0 '" a- r--. a- 00 ",. 000 01 gl I -.' I "'I 1 00 _!oto N 0\: M 0\1 g ~I N! lIi~f-O\O N lrI ~ lIi 0 an 0"1 00 0 r-: ~.. 0'" ("1')" 0 OOr-NlO -\ONOON 00 ~~ "l", 00 . a-- _0 .0 '" . -~ ~Io "', 1 t--No\ lIi 0'\ r- lIi ,., '" '" 0" v) 0>."1 ",. o _ ...0 \0 - "'d" N 00 ~ ::;;t:2 I ~ 8 :"~" ~"'I;:::" ~" SOO\ON an I/)INi: N 8g on.", a- . 000 0- _" lIi" - ~ ~:o ~I 6 r-- '" ",. T I I : * 2J i ! ~ g 1_-..... .0' 1 ~I ~ 51l -9 .a [.s E ~ ~ ~ 1- e ....9 gj gj i:ili~.g,l:loiiOO ~ I ~ -a ~ .~il ~ ~ -!Ifr~ >-&i ib.g .g ""I 0 " ~ ~:.:1 _-E .-E ~I] ~ '8 g 81 ~ ~ ~I ~ :> co u tA, u u ~ o ~ O~\ONOOOO\f- ~ ~l.:;: ~ ~ ~I ..o1.C5'.n..o "":N -0\ lIi f-I \Nr-I 0\ illi ~i I I I 0'10 ~ ~1~1~ r-Io N o 0\1(1')!0\ ("f'1!:=' - ~" ..01 ",,"I (1')" ~l~" :;" r-- -il~ gl~:i8 i~. , 01~1~ ~T~ 0 ~fl~ ~I '-llon.on.'~ ~~ ~ ~ :; ~:AI ~'If! ~ - 00 I - , N..I \0" : ''''I ~I 010 '" 0 '" 00 a;' .... '" ~1r::18 ~ ~ g ~I -. a-.ll "'. o. 00. o. a-.I 00\1/)000000 _ ...0 _ f-I\O - 001 0\1\0 V) \0 1 ~ 0.... 0 ,a- '''' I~ I I ol~. I~ !- '" 00 0 a- a- r-- NO - '" 00 00 a- o '" 0.... ... (1')" ~" 0\" - '" '" a- '" or-ooooo 00 0'" r-- 0 r-- ~" ~ $" r-- oo~oo r-- ..... S ~:O\IO ~i~ig ~" ~"I~ 00 '" '" 0"'0 '" 0:.10 1~1 00 o o I sf 1 00 ,., .... 1-" ,- 100 I o'r-- .... .... 00 00 00 ~Ig ~ ~"~,, 00" '" 0... ",_a- ::[ '" 0 '" a- ..; '" Oig!O 0 ~ 0 0' 0" '" 00 '" ~o r-- ~I I , o 2.~. ~I~I oo:t N 0 ~I r- 0\" - 00 - ~I ~I r--I 00 00 <'1 . ... '" '" ;;;; .ok: 0 : ~"i!::..I ~ ~I~i 00" i i ~ r-- 0 0 '" '" '" '" i 8.1010 s I ",. I 000 r-- '" <'1 '" I , 51 .~ o 0. :_'" ! U U .g g -~ ~ i! .~ ~ 5 ~I ~ ~ .2 .g.~:sl!~~ .s ~ 0 8. c3!.s ~ 5 ~ ~ 5 ~! 0 .~ _ = ~ E lUll ~ 0. 0 E! :.: 8 " '" ~ 1 ~ ~ ~I~ ~ ~ 3 :E 3 ~ ~18 ~ ~ ;;;- a- "" 00 'f2 ~ S a- Vi ~. r-- or. ,- I~ I~ 1= i~ 10 I I! 81~ 10 ~~ ' I :I~.'..-~ N i 0'1: f- OOI-n, \C ~'~! ~"I "'''' r-- .0 <'1 i - ... ",a- ... '" 0" -" "'0 ....I~ o '" 0, ;;;1 -.1 '" ~ I~ v{ ::;" ~~ ~" 0\" '" - '" I"'. ,'" '" " ~ oS ~i ~ g. .::,... ll'I' ~ 'll-< bll,- 'gls co;:' : ..; .., ... = I II I I - ~I "'. '" ,,,, ,<'1 ,- 10 o' I I , , 1 i 1 I ! , .., o o ~ <0 e <0 o o 1 1 i ! 1 I '" ~ ~s ,0\ , ~_ ~ I --t-r- ~ :; - ~I c a-o~.1 !~ I..l IOj~ ;.1 =:I =:I ~ J '" ;.:1- ...~ 11 c "" -:-8 " ..- .!! ,; 5 "" "" e :; ... " ~ . ~ rt~~ ~ ';;I~ - "'10 gl;I.S go! &'I;S '21 "!~ = lie "'I.!I~ :l :ll~ II ll'" 'e- .e-I ~ i il~ f C <.9 0; "'i'11l I' 8 :: j ... C "" Ii il~ - '2 5 '2 '" e '5 ii~ ~ .,.. j ~i~ * .. Iz 01 , 1 i I gl ..,..."i 00' ",. o 'E .. ~ oS to ... .. u ~ (/) <( (!) C'\I o T""" Cl z ::> u. (/) l- e..> W ...., o ~ a. ~ o t- t) ~ I- Z o t) M "C o CD ~ 8. e 0.. ~ al ; ~8.0: e 0.. l:; al ; ~8.0: e 0.. ~ al ; ~8.0: e 0.. Il'l "C C o CD CU ~ 8. 0: e 0.. C!; al ; ~8.0: e 0.. ...J ~ o I- 8 o o Il'l Il'l ;8 0:0 sf Il'l Il'l I"- M o M MO 00 MIl'l MM ~V ~ o N N t ~ MCOM NOlM eo 1"-1"- NNr-: 1l'l00l ~ ~~~ eol"-I"- NNr-: 1l'l00l ~ Il'lll'l I"-Il'l COO NM ~~ Il'lll'l I"-Il'l COO NM ~v ~ N I"- o Iii eo ~ o eo r-: Ol Ol N C'!. o CO ~ M o M M ~ ~ 00l Oll'l Oll"- NIii 1l'l0l 1"-. ~ o o eo r-: Ol Ol N N o CO ~ o l8 N Il'l Il'lM 1"-1"- 1"-0 8m" ~ o l8 r-: CO Il'lMO 1"-1"-0 1"-00 8m" Iii ~ ~N~reN~~~~m~m~~N~Nm~~ 'It ~ a::: = CD Ul E "C cu cu z &. ll'Cal"C "0' ~ l:: l:: 0..... !2'.!2' ~ UlUl- [3[38 ggCi) -~ :>.:>. ;.::1::1 CIl-- > ~ ~ ~ "C=-"C=--"5'1:'I: l!!liiil!!l:!l:!~c~~ .!2'> >.!2':S::S:~..5~~ lZ~~~88~J1...... cu :>.:>._ Cl Cl.!2':g ~ ~ g::1::1gasas~8j.9..9 :>. ::1'0 ~ :>. CIl ~ "C C cu ~ ... g ii5 :>. ::1 ~ ~ :>. CIl ~ = 'Q. a. 8 Cl as :>. ::1 :>.- ::1 ~ 'I: :>."5 ~ 3 ;:, ;:, Jo..oen Q) ~ ~ .!2'"C ~ CIl cu 0 C>en...J o CO CO Iii I"- OM 1"-1"- V.~ NU; M Il'lll'l0MO 0)..................0 eocovvo NN.,.:......~ci ;:li~~Il'l~ ~ ~eo NCO oeo 0__" MOl ~ ~ ~eoo NCOO oeoo o ......" ci MOlO ........- 0.. ~ eo o ~ r-: I"- M Il'l eo Iii Il'l M 000 1l'l00 MIl'lO aioo MI"-O ~ ~ o o Il'l o I"- Il'l Ol M i Il'l CO I"- M o I"- et:!. ~ ~~~~N~~"""NN~~C)~"""~~~~ ~N~ o o M ai ~ ~ M Il'l eo Iii Il'l M ~ :>. ~ >- >::1: ~xx~x x~ ~ - alal:>.-g ~al~ ~~~~al ~~al ~~=~~~alalalalal CCCllcu~c~~~~~c~~c~~:>.oooccccc II~i~~OCllCDCDCIl~CIlCll~CIlCD::1~~~~~~~~ UlUl8E~lZI-SSSSlZSSlZS~ jjjlZlZlZlZlZ cucu~EE2J1~~~~2~~2~~~:>.:>.:>.cucucucucu gg8~~gsasasasasgasasgasBB::1::1::1ggggg :>. CIl ~ - cu o 'I: cu Cl ;:, en ! a. ::l :>. CD :>. ~ CIl :>.-g~~ ::1~~~ 8~e~ ~EEJ1 8~~s :>. CIl ~ CIl c a:: Cl as eo eo Il'l cD N V eo eo Il'l cD l"- V ~g MM aiai NM ~ ~ :>. CIl ~ ... o ;:, o o e> j ~ Q) Q) ,... ai CJl C'l rD ..... eo eo V M I"- CO Q) ~ M ,... CQ co eo aj Ol V. ~ N I/) Q) ai Q) ..... N Cl CJl ,... iii C'l I/) N N Cl CJl ~ ..... ..... ..... ,... ~ M ~ ..... ..... CQ ui' ~ N Cl CD 1/'1 C'!. "': ....J .... .... 1/'1 1/'1 ~ GO l') ,.: ~ .... CO i c: I/) 1/'1 l') 0 ro N N .... ~ II) - I/) 1/'1 Cl 8.1l. ai a; M e ClO Il. CD ,... i c: M M CD ClO 0 ro to .... CD 8- a: I/) M ~ """ -i ClO CD 1/)- a; a; e .... .... Cl N Il. N ~ "0 c: MI/) 0 0 0 ClO ClO Q) ro 1/)",," to u:; to N .... II) - 0 ~ 8.1l. """ .... ,... a:i 0 GO ,... or) cD 0 0 ,.: e N .... """ to 1/'1 ClO .... N ,... Il. N I/) "0 c: CO 0) ,... GO 0 Q) ro Cb N ,... ,... ~ II) - ,... l') N C/) 8.1l. C"i ;g a:i N e M l') ClO ~ I- .... .... at () Il. .... W C/) ...., <( 0 ~ i c: 0 0:: N~ 0 1/'1 CD (!) ro ,... Cl .... a. ~ II) a: ....1/) u:; "l ,... """ C\I 8. -ia:i cD .... 0 iii' 0 W e .... """ .... ClO N .... .... ,... ..... C/) Il. M Cl :J Z 0 :J :c M i c: ~ coo ~ I/) .... CD U. I 0 ro ,... Z II) - 00) at .... 1/'1 ~ 8.1l. """ CO""" M Cl Cl ~- C"iai N (; &f M e CO N .... CD Il. .... l') GO iii' II) .... .... ....N .... .... 0 I/) ""N """ ~ N .... MM .... "0 .... .... .... 'It ro 0 0:: Q) E ro z '0 "0"0 ii "0"0 "0"0 ii ii ii ii i oJ Q) Q) Q) Q) Q) Q) Q) 'e- c: c: c: c: c: c: c: c: c: c: c: c: c: c: c: c: c: ~ 0101 0101 0101 0101 0101 0101 0101 0101 01 Il. .iij'iij '0; "iii '0; 'iij .iij .iij 'iij .iij .0; 'iij 'iij '0; '0; 'iij '0; e II) II) II) II) II) II) II) II) II) II) II) II) II) II) II) II) II) l! ro ro ro ro ro ro ro ro ro ro ro ro ro ro ro ro ro 1515 '015 co g '0'0 co 15 g co co ~ c z c: c: c: c: c: c: c: c: c: c: c: c: c: c: c: ~ C) >. Q) ~ >. >. -g "0 >. Q) >. ~ >. >.>' c: Q) ~ Q) >'0 ~ ro ~~ ~~ ~; ]i Q) ~ 2' 8,,~ ~e 0,5 E ii~ ~ ro E E I-Il. Z ,- "0 0101 c: >. Q) ~ ~ ro 0 8~ rn C)() rno:: aiai z ~ ..:l E ..:l ~ 00 r= i ~ o E-c ~ ~ GIl - - ~ - ~ ~ ..c = N b .C ~ .c "'" :I < rI.i ~ ~ - Cj - - ~ - ~ ~ ..c = N rI.i ~ ~ - ~ .... - .... ~ ..c = N rI.i ~ rI.i ~ ~ - U - - .... - ~ ~ ..c = N € ::I o U rI.i ~ ~ - " - - ~ - ~ ~ ..c = N ~ C ::I o U u !ii - 00 u !ii - en u !ii - en i '" ~ Cl. e .... . = E-c ~ :I ~ '; = ~ ;:: :I ;:: "'" '" = ~ u . u e GIl z ~ :I ~ b = :I ~ U . . ~ ~ ~ :I ~ '; Cl. .y .c :I )t . . ~ . = .s "'" Cl. o '5 ~ . c o ~ u <+-< ~C5 '" 8 <+!. C -0 "":' S 5 .!. ~ u 5 2 o.g ~; eil" : .~ ... ~ -0 u;9 5 ~ ~ ~.Q 8 's. ~ I ~ ~j~;g~= ~ ~.1~~ ~2 ~c c o U en ,S> ~ 00 E-< ~ U U ._ _y Cl. 0 - --0 "~_ -0 "Q %l-o]~~>- 5;u'S~v.;_j 85-g~ '(;j' f! ; ;0.. U ~ '5 -0 8 >- ~~.- 06 5 .E &.9] x E-< ~ ~ ... - c:; Cl. ~ Q ....:l en Q 8 U " ..... ._ _ o c ~.~ 5.8 ~'S ~ '~ _ o.c U U c en ~ co U :;:( :E .~ ] ~ 8. ~ ~ $] 0 ~ ~ ~::g.~ ~ y ~ g .~ ~ ~ 8. ~ ~.g. 1 5 -5 ~ ~ 00 ~ .~ -0 ~ 8. 0 '0' -5 ~ 2 ~ ~ON~~OOO~~~~~~;~O~~~u~C '" 5 U - - ~ :3' . "'" = u U ~ . c o ~ U <+!. ~ U <+!. C -0 ;;j Q 0 a 0 0 0",; . ,9 ..!. -0 ~ uS..!. ~o'~ co 8 ] ur ~ !ii ~ ;9 5 ~ . 'a U I ,-" ~ ~.;g~--~ ji~ ~~ ~ c & ~8en&j5~ ~~a~~ u~ ~ ~ ~ -0 ]; -0 ~ ~ 8. ; Q) .~ ~ v.; _ ,c ~ 5 -g ~ '(;j' ~ ; U ;0.. 5 ~ '5 -0.5 >- ~ ~.- 00 5 ]I E Co.9 ] x E-<",O~--8C:;~~C....:lenc~~ U><:....._ _ o C ; ~.~ 5. ~ ~ ~'a _ o'c ij) U C en ~ co U :;:( ~~B]~8.~~g]O~~~::g~~y~gj~ ~ 8.'~ ~ ~ '5 1 5 en ~ ~ 00 E-< 'SO -0 ~ 8. 0 .0' -5 ~ g ~ ~O~N~$OOO~~~~~~;~O~~~U"'C s ~ 5 U I C I C ~ 8 0 ~.9 8 ._ ~ c!: ; '" ~ -g .B ~ ~ ~ ~ ~ 5 ] "]B~~~~~~~~~~~y 0' <+-< Q ~ >-..... .c en _ - >- Q 0 C 0 j C:>. ~ o .0 -0 ~ C a -0 c 0 .0 8.,;; f!:::: S .0 ::$' ~ " !? ~ c ;> 0 ~ c U -0 -0 u E-< ..0 .- ~ ~ u,-" <<l ~ ~ ~ I ,- ~ ~ 8 U Q) - "!ii ~ Co U t!, .c ~ '" i) ~ 1:> C '" ~ .= ~ g c ~ ~ b ~ .13 .0' V"l o & ,2 "" ,J, 2.9 -g.::I ~ g. J:: ~.9 -o.~ Co &'S ~ ~ J! ~:S 00 .l:i ~ 1:> ~ ~ ~ ~ en 8 1:> ~ :~ 0 ~ .& = ..0 tU 0 -0 00 0 2 ... ..... -0 2 ~ 1:> -0 ~ ,..:; ._ 0 ~~~;~U~~NU~;~~~<;~~~t!, s ~ 5 U c "," o .2 .~ .... tI) i3 :s ~~ Cl. ~ c~ o ~ "3~ <+-< c ~... " o~oc~ c o~;:::.. S ~ .B'B 8" .g '" s -g ~ :i <+!. g 2 ; <+-< ~ ~.B "'" ~ '5 <;> ~ tl 5 0 0 :g::l ~ 8':l 5 c ....s ~ ur ~ "3"3 . ..( ~ U ~.s fr; ] -0 ~ "8 8 ~~N~~~~~;~~t!, Q o ~ 5 U N M N o ..0 M <+-<0 ",M -0 " C c 58 cocB 8 ~~ o .~ .~ ~ co M .~ u= M .Ii! g S -a .2 co U ] ~ '5 ~ '" a !ii .8 = B C 8' 0 .s .- ~ ~ Co ~ 0 .s r-- < U co 00 'il U B .- g ~ ~ so'" ~ '" -0 ._ \0 ,-" -0-0' H=! ""--0-0 o-"'ov ~ ~ -g "'<ii -8 ~ c ~.C g ; N N o 0 - ~._ ,- tU 0 U ~ _'=' . 0 ~~.sE-<en~....:l~t:l;<,l,Jen..o ~ N I I I I I ~ ~ e:i..~ "'" = :I ~ e < - ~ " u '" ::J ] o eil C -.:: c=.9 ~ .9 S oS ~.o ..c >- 0 0 ..5 .t::: ~ Z go.~ ~~=~o ~.~ . "5 ..c~55~ enCo88~ ~:13 8 8 ~ ~ ~ ~~& .13 ~ ;9>- ,- ~ ~ '" Q).~ lU.- = ..ceilu en Co g '13 ";o...s ~~~ " '" Q)y ~].= Oeno ~u~ C > 0'- '5 .~ 2.0 'C ~ ';:: 000 ..c"'~ S ~- <cfr o g 0 ZU~ U > &] c 0 .9 E-< - '" .~ .~ o~ ;9 Co ~:13 U o~] Z~en U ] 00 U > ~ .~ &~ c 0 ,9 E-< ,~ :~ Oeil ..cCo .3 '13 .......S o ::I Z~ C() .f .~ .= .c..o 00< '" 5 U I \0 "3 .~ j ~ € g ~ UE-< -0 U '~ j ~ ~~ ~E-< g:a UE-< ~ 00 f: o z ~ t--: ~ o o ~ N -- ~ Local Option Motor Fuel Tax: 6 Cents Per Gallon (206.41(1)(e): Authority to Levy Between I Cent and 11 Cents per Net Gallon 336.025(1)(a): May levy a I-cent, 2-cent, 3- cent, 4-cent, 5-cent, or 6-cent -local option fuel tax.. 336.025(1)(b): May levy a I-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. 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; Apparently, this additional local option fuel tax has not been levied (b) by referendum; or (c) uniform resolutions by municipalities leading to a countywide referendum. Ordinance 16-1989 authorized a 6-cent -gas. tax, codified at See. 2-315, et seq., Monroe County Code. NOTE: The provisions of the county code appear to be inconsistent with the state statutes. The reference to "gas tax" apparently has no legal basis today 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 is recommended that the language in the code be amended to be consistent with state law. 4/2/2003 7:59 AM I Diesel Fuel Tax: 7 Cents Per Gallon -Ninth-cent Fuel Tax" Sub-Section 336.021(1)(a) provides that the county MAY, by extraordinary vote, levy the I-Cent tax on DIESEL FUEL as authorized by Sub-Section 206.87(1)(b), F.S. However, although 336.021(1Xa) saysMAY, 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(1)(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 dieselfuel that is called the "ninth-cent fuel tax. · 4/2/2003 7:38 AM 1 -Local Option Fuel Tax" Sub-Section 336.021(1)(a) provides that the county MAY, by extraordinary vote, levy the I-Cent tax on MOTOR FUEL as authorized by Sub-Section 206.41(I)(d), F.S. However, although 336.021(IXa) 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 tax". 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 dJeselfuel that isOcalled the 10cal option fuel tax. · 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 "c()unty 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 "nlnth-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 nlnth-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). .... (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 county and taxed under the provisions of part I or part II of chapter 206. .... \ (b) In addition to other taxes allowed by Jaw, 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. 4/2/2003 7:46 AM 1 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 motorfuel. ... (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. 4/2/2003 7:53 AM 1 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 SO-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.-- I (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: (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, 4/2/2003 7:53 AM 2 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 {or 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 evellt 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;n collecting, administering, enforcing, and distributing the tax, which administrative costs may not exceed 2 percent of collections, shall be transferred into the Revenue Sharing Trust Fund for Municipalities. (2) Funds available under this section shall be used only for purchase of 4/2/2003 7:53 AM 3 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. Municioalities are authorized to exoend the funds received under this section in coniunction with other cities or counties or state or federal aovemment in ioint oroiects. (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 "local option fuel tax." This tax shall be levied and used as provided in s. 336.025. Chapter 334 TRA NSPOR TA TlON ADMINISTRA TION 4/2/2003 7:53 AM 4 334.03 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 all 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 Joad system" means all collector roads in the unincorporated areas of a county 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. (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 all ferries used in connection therewith. (24) "Routine maintenance" means 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. 4/2/2003 7:53 AM 5 (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 municipal governments may use the moneys received under this paragraph only for transportation expenditures as defined in s. 336.025(7). I (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 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: 4/2/2003 7:53 AM 6 (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 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 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 decision. (6) Notwithstanding any pther provision of this section, the tax authorized pursuant to this section shall be levied in evel}' county at the rate of 1 cent per gallon of diesel fuel beginning Janual}' 1, 1994. 336.023 Use by counties of the surplus from the constitutional gas tax.-- 4/2/2003 7:53 AM 7 (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, or 6-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" 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 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 ~ 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 4/2/2003 7:53 AM 8 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 inter/ocal agreement may be established prior to June 1 of any year pursuant to this subparagraph. However, any inter/ocal agreement agreed to unqer 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 inter/ocal 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 on 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 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 qack 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 4/2/2003 7:53 AM 9 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 inter/ocal 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 interlocal agreement exists, a new inter/ocal agreement may be established prior to August 1, 1986, or June 1 of any year thereafter pursuant to this subparagraph. However, any interlocal 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 interlocal agreement. 2. If an inter/ocal 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 shall 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 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 4/2/2003 7:53 AM 10 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 jnterest 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. (c) Roadway and right-of-way drainage. (d) Street lighting. (e) Traffic signs, traffic engineering, signalization, and pavement markings. (f) Bridge maintenance an~ 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 every county at the rate of 6 cents per 4/2/2003 7:53 AM 11 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 formula for dividing the entire proceeds of the local option Qas 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 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 include 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 4/2/2003 7:53 AM 12 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" 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 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 aba'ldonment 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 4/2/2003 7:53 AM 13 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. 4/2/2003 7:53 AM 14 OOJ!~~~~~E (305) 294-4&41 r-~ / .?7c:) ./ /- / '7 ~{f' BOARD OF COUNTY mMMISSJONERS MlIyor DbcIe M. Spehar, DIstrtct 1 MlIyor Pro Tern Murny E. Nelson, DIstrIct 5 Geofge Neugent, 0IstrId: 2 Charles "Sonny"~, DIstrIct 3 DavId P. RIce, DIstrIct 4 Monroe County Board of County Commissioners Office of the County AdministratDr The H1stDric Gato agar Fac:t:ory 1100 Simonton Street, Suite 205 Key west, Rorida ~ (305) 292-4441 - Phone (305) 292-4544 . Fax I ."';~"":'-: ;(,i. ~'~. ,} \~;;; ~h~~. March 21, 2003 Mr. Charles Baldwin, P.E. Islamorada Village Manager P.O. Box 568 Islamorada, FL 33036 Dear Mr. Baldwin: I 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 municipalities and the County concerning this issue I shall be in contact with you to schedule the meetings. I 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, -J~~ James L Roberts County Administrator JLR:pe cc: Board of County Commissioners Richard CoJllns, County Attorney Dent PI~r:ce, Division Director Public Works David Koppel, Engineer Sheila Barker, Division Director Administrative Services March 7, 2003 COUNCILMAN BOB JOHNSON COUNCILMAN CHRlS SANTE l\1AYOR MARK GREGG VICE MAYOR MIKE FORSTER COUNClLJl.1AN GEORGE GEISLER Mr. Jim Roberts County Administrator 1100 Simonton St. Suite 205 Key West, FL 33040 ....--- --- -- -:: - -------, --, , , , i i MAR 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 Compon<?~ts A & B would each be worth 25% of distribution factor. Component C would generate 50% of the distribution factor. P.O. Box 568 · ISlAMORADA, FL 33036 305.664.2345 FAX 305.853.5357 www.islamorada.tl.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. 80X 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.f1.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 · IsuMORADA, FL 33036 305.664.2345 FAX 305.853.5357 www.islamorada.tl.us -4- March 10, 2003 As each of us is approaching our preliminary budget preparation early resolution of this matter would be helpful. Attachments cc. Islamorada, Village of Islands, 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 · ISl.AMORADA, FL 33036 305.664.2345 FAX 305.853.5357 www.isIamorada.fl.us Florida Lef{islative Committee on Interf{overnmental Relations Constitutional Fuel Tax Article XII, Section 9(c), Florida Constitution Sections 206.41 (l)(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 formula 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, Nt.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. Elil!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. I 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 of three 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 bBcal Government Financial Information Handbook JJ \, Florida Le1{islative Committee on Inter1{overnmental Relations weighted county-to-state ratios. To detennine each county's montWy allocation, the monthly statewide tax receipts are multiplied by each county's distribution factor. A county's monthly distribution is determined as follows: 1. First, the distribution factor for each county is calculated as follows: 1/4 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 nmds and shall be remitted by the State Board of Administration as follows: 1. 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 Financiallnjormation Handbook rl Florida Le1{islative Committee on Inter1{overnmental Relations In each fiscal year, the SBA will distribute tre 80 percent surplus fuel tax proceeds allocated to each county to the debt service requirements of each bond issue pledging the 80 percent surplus accruing to that county. The remaining 80 percent surplus fuel tax funds will be advanced monthly to the Board of County Commissioners for use in the county. In each fiscal year, the SBA will distribute the 20 percent surplus fuel tax proceeds allocated to each county to the debt service requirements of each bond issue pledging the 20 percent surplus accruing to that county. The remaining 20 percent surplus fuel tax funds will be advanced monthly 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 per~ent 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 undeIWay on behalf of the county pursuant to resolution of the county's governing body. Authorized Uses CUlTent 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, construction, 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 tenn 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 13 .. ~ Florida Le/{islative Committee on lnter/{overnmental Relations Pursuant to s. 336.023, F.S., any county that agreed prior to July 1, 1977, by resolution, to use the surplus 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 count)'s governing body. Relevant Attornev General Opinions Florida's Attomey General has issued a number of opinions relevant to this revenue source. The full texts of those opinions are available via the searchable online database of legal opinions (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 govemment officials seeking more clarification should review the opinions in their entirety. The statutory language pertaining to this 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 Department of Revenue's estimates should be addressed to the Office of Research and Analysis at (850) 488-2900 or Suncom 278-2900. ']-4 2002 Local Government Financial Information Handbook Florida Legislative Committee on Intergovernmental Relations Prior Years' Revenues Several additional tables summarizing prior years' distributions to counties are available via the LCIR's website (htto:/ /fcn.state.fl.usllcir/databanklrevenues.html), 2002 Local Government Financial Information 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 Bay 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 0 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% 0.22132% 0.33840% 1.05780% 2,019,420 Chrus 0.31119% 0.18443% 0.27480% 0.77040% 1,470,751 Clay 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% 0.41210% 0.45630% 871,111 Gulf 0.03339% 0.02308% 0.27390% 0.33040 0 630,758 Hamilton 0.09679% 0.02102% 0.21750% 0.33530 640,113 Hardee 0.07939% 0.04121% 0.26760% 0.38820 0 741,103 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 Li berty 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 Constitutiona I 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 0 2,447,052 Okeechobee 0.18176% 0.05534 0.37080% 0.60790 0 1,160,527 Orange 3.44280% 1.42379 0.41850% 5.28510c 0 10,089,652 Osceola 0.69026% 0.27485% 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 ITotals 50.00000%1 25.00000%1 25.00000%1 100.00000%1 $ 190,907,500 , Source: Department of Revenue (revised 7/2002) '. Page 17 ernorandum. M_4._ .~."'_.~~ From: ~Ij/J;' ~. ~. 7\ Village Council b Chade, Baldwin, P.E., Village Managelj;a. Ii .,ji r 01/23/03/ ~ To: Date: Re: Resolution Requesting Monroe County To Distribute Constitutional Fuel Tax ITEM 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 affirming 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 distributed 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, construction 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 ofIslamorada. 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,S 16. An estimated Village share of this total has not been formulated. 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(1)(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 Islamorada; 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 1 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 collected Constitutional Fuel Tax. Section 2. Effective Date. This resolution shall 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 follows: 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: 135 '1lN~~ VILLAGE cr; RK ~~w< MAYOR S,UFFICIENCY: Page 2 of2 John Bartus Mayor Randy Mearns Vice Mayor Jeff Pinkus Councilman John Repetto Councilman Pete Worthington Councilman William "Scott" Janke City Manager <...-t:.. I....J.-.( x... ~ I / '----t'J. '-L, L'; '? , 0' Ie.... I . . -~-::-;.--:.- -'=:'-'-:--'; B i.-. ,\ :p \ ~ ~., I.! }. - , . - j' ~ ili 01 :.- ,,; " I:: ,i: I'" ~ ;.....-.--.----. ME MORA N D U-,vr'.---- 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/vi Ilage manager. :ks Enclosures 10045-55 Overseas Highway.Marathon, Florida 33050.Phone: (305) 743-0033.Fax: (305) 743-3667 RESOLUTION NO. 2003-~ 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 )(a), 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. ATTEST: CERTIFICATION ;(~~ ~- CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: I I CERTIFY THIS TO BE A TRUE & CORRECT' COpy OF THE ORIGINAL DOCUMENT ON FILE. W1TNf$~ MY HAND AND OFFICIAL. SEAL OF -t1J.r:. C~ 01- fYla.ra.. f-hoYl L~ THE COU OF IYI 0 J'? .e. Ot::.. FLORIDA. nus ,;?fcfh DAY OF Februa.r'1f 20 03. - ~VSd~ CITY CLER K ~ 592001/Resolutions/Monroe County Distrihute Share Re Rule Tax 2