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HomeMy WebLinkAbout19-039RESOLUTION NO. 19-039 (NOTICE OF INTENT TO LEVY THE LOCAL OPTION FUEL TAX AUTHORIZED BY SECTION 336.025(1), FLORIDA STATUTES) WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Board has previously adopted the six cent ($0.06) local option tax upon every gallon of motor fuel and diesel fuel sold in St. Lucie County pursuant to Section 336.025(1)(a), Florida Statutes and a five cent ($0.05) local option tax upon every gallon of motor fuel sold in St. Lucie County pursuant to Section 336.025(1)(b), Florida Statutes. The levy of these taxes is scheduled to expire on December 31, 2019. 2. The health, safety, and welfare of the residents of St. Lucie County will benefit from the passage of an ordinance i.e. reauthorizing the levy of the six cent ($0.06) local option tax on motor fuel and diesel fuel pursuant to Section 336.025(1)(a), Florida Statutes and a five cent ($0.05) local option tax pursuant to Section 336.025(1)(b) Florida Statutes to fund, in part, necessary transportation expenditures within St. Lucie County. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. LEVY OF LOCAL OPTION MOTOR FUEL TAX (a) Pursuant to Section 336.025(1)(a), Florida Statutes, this Board intends to levy a $0.06 local option motor fuel tax upon every gallon of motor fuel and diesel fuel sold in the county, and taxed under the provisions of Florida Statutes Chapter 206. If adopted, the revenues received pursuant to the tax levied pursuant to this paragraph (a) shall only be utilized for transportation expenditures as defined in Section 336.025, Florida Statutes. (b) Pursuant to Section 336.025(1)(b), Florida Statutes, this Board intends to levy a $0.05 local option motor fuel tax upon every gallon of motor fuel sold in the county and taxed under the provisions of Florida Statutes Chapter 201, Part 1. If adopted, the revenues received from the additional $0.05 local option motor fuel tax may only be utilized for transportation expenditures needed to meet the requirements of the capital improvements element of an adopted comprehensive plan. For purposes of this subsection, expenditures for the construction of new roads, alternative methods of transportation, or reconstruction or resurfacing of existing paved roads shall be deems to increase capacity and such projects shall be included in the capital improvements element of the adopted comprehensive plan. Expenditures for purposes of this subsection shall not include routine maintenance of roads. 2. DISTRIBUTION OF LOCAL OPTION FUEL TAX (a) All divisions of tax proceeds shall be determined by the County on or before October 1 of each year during the duration of the tax beginning October 1, 2019 either by interlocal agreement or in accordance with Section 336.025(4)(a), Florida Statutes. The annual redetermination by the County of the division of the tax proceeds shall be based on transportation expenditures of the county and all eligible municipalities based on the transportation expenditures of each for the five (5) fiscal years preceding the year in which the annual redetermination is made. As a proportion of the total of such expenditures for the county and all municipalities within the county. The County shall notify the department of revenue of the results of the county's redetermination of the tax proceeds by October 1 of the year the redetermination is made. The annual redetermination shall be effective beginning January 1 of the year after the redetermination is made. Any dispute as to the determination by the County of the distribution of the tax proceeds shall be in accordance with Section 336.025(5)(b), Florida Statutes. 3. DURATION OF TAX The duration of the tax shall be established in the ordinance imposing the tax. 4. EFFECTIVE DATE. This resolution shall take effect upon adoption. 5. ADOPTION. After motion and second, the vote on this resolution was as follows: Linda Bartz, Chair AYE Cathy Townsend, Vice Chair AYE Commissioner Chris Dzadovsky AYE Commissioner Frannie Hutchinson AYE Commissioner Sean Mitchell AYE PASSED AND DULY ADOPTED this 5t" day of March, 2019. ATTEST: Deputy C(410 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: ^� Chair oJ��v APPROVE"S TO FORM CORRECTNE SA- BY: •BY: County Attorn y