Florida Education Capital Project Funds, Amendment 1 (1952)

## Contents

* 1 Election results
* 2 Text of measure
* 2.1 Constitutional changes
* 3 See also
* 4 External links
* 5 Footnotes

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I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII

The Florida Education Capital Project Funds Amendment, also known as Amendment 1, was a legislatively referred constitutional amendment in Florida which was approved on November 4, 1952.

This amendment modified Article XII of the Florida Constitution to diverts money from the licensing of motor vehicles to state education capital project funds.[1][2]

## Election results[edit]

Florida Amendment 1 (1952)

Result| Votes| Percentage
a Yes|  355,734|  63.54%
No| 204,163| 36.46%

Official results via: Biennial Report of the Secretary of State of the State of Florida (1951-1952) (p.344-47)

## Text of measure[edit]

The language that appeared on the ballot:

“  | No. 1

CONSTITUTIONAL AMENDMENT

ARTICLE XII, SECTION 18

Proposing an amendment to Article XII by adding thereto Section 18, providing that beginning January 1, 1955 and annually thereafter for thirty years, an amount equal to four hundred dollars ($400.00) multiplied by the total number of instruction units in all the counties of Florida shall be taken from the first revenue derived from the licensing of motor vehicles and shall be placed in the country Capital Outlay and Debt Service School Fund and be used for county capital outlay projects for school purposes and for debt service school purposes; permitting the issue by the State Board of Education of bonds and motor vehicles tax anticipation certificates in behalf of a county requesting the same, and prescribing the duties and powers of county boards of public instruction and of the State Board of Education in connection therewith.[1][3]

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### Constitutional changes[edit]

The text of the amendment read:

Amendment Changes (Click to show)

Section 18. (a) That beginning January 1, 1953, and for thirty (30) years thereafter, the first proceeds of the revenues derived from the licensing of motor vehicles to the extent necessary to comply with the provisions of this amendment, shall, as collected, be placed monthly in the County Capital Outlay and Debt Service School Fund in the State Treasury, and used only as provided in this Amendment. Such revenue shall be distributed annually among the several counties in the ratio of the number of instruction units in each county in each year computed as provided herein. The amount of the first revenues derived from the licensing of motor vehicles to be so set aside in each year and distributed as provided herein shall be an amount equal in the aggregate to the product of four hundred ($400.00) dollars multiplied by the total number of instruction units in all the counties of Florida. The number of instruction units in each county in each year for the purposes of this Amendment shall be the greater of (1) the number of instruction units in each county for the school fiscal year 1951-52 computed in the manner heretofore or hereafter provided by general law, or (2) the number of instruction units in such county for the preceding school fiscal year computed in the manner heretofore or hereafter provided by general law and approved by the State Board of Education (hereinafter called the State Board).

Such funds so distributed shall be administered by the State Board as now created and constituted by Section 3 of Article XII of the Constitution of Florida. For the purposes of this Amendment, said State Board, as now constituted, shall continue as a body corporate during the life of this Amendment and shall have all the powers provided in this Amendment in addition to all other constitutional and statutory powers related to the purposes of this Amendment heretofore or hereafter conferred upon said Board.

(b) The State Board shall, in addition to its other constitutional and statutory powers, have the management, control and supervision of the proceeds of the first part of the revenues derived from the licensing of motor vehicles provided for in subsection (a) hereof. The State Board shall also have power, for the purpose of obtaining funds for the use of any County Board of Public Instruction in acquiring, building, constructing, altering, improving, enlarging, furnishing, or equipping capital outlay projects for school purposes, to issue bonds or motor vehicle tax anticipation certificates, and also to issue such bonds or motor vehicle tax anticipation certificates to pay, fund or refund any bonds or motor vehicle tax anticipation certificates theretofore issued by said State Board. All such bonds shall bear interest at not exceeding four (4) per centum per annum and shall mature serially in annual installments commencing not more than three (3) years from the date of issuance thereof and ending not later than January 1, 1983, and each annual installment shall not be less than three (3) per centum of the total amount of the issue. All such motor vehicle tax anticipation certificates shall bear interest at not exceeding four (4) per centum per annum and shall mature prior to January 1, 1983. The State Board shall have power to determine all other details of said bonds or motor vehicle tax anticipation certificates and to sell at public sale after public advertisement, or exchange said bonds or motor vehicle tax anticipation certificates, upon such terms and conditions as the State Board shall provide.

The State Board shall also have power to pledge for the payment of the principal of and interest on such bonds or motor vehicle tax anticipation certificates, including refunding bonds or refunding motor vehicle tax anticipation certificates, all or any part from the anticipated revenues to be derived from the licensing of motor vehicles provided for in this Amendment and to enter into any covenants and other agreements with the holders of such bond or motor vehicle tax anticipation certificates at the time of the issuance thereof concerning the security thereof and the rights of the holders thereof, all of which covenants and agreements shall constitute legally binding and irrevocable contracts with such holders and shall be fully enforceable by such holders in any court of competent jurisdiction.

No such bonds or motor vehicle tax anticipation certificates shall ever be issued by the state Board until after the adoption of a resolution requesting the issuance thereof by the County Board of Public Instruction of the county on behalf of which such obligations are to be issued. The State Board of Education shall limit the amount of such bonds or motor vehicle tax anticipation certificates which can be issued on behalf of any county to seventy-five (75) per cent of the amount which it determines can be serviced by the revenue accruing to the county under the provisions of this Amendment. All such bonds or motor vehicle tax anticipation certificates shall be issued in the name of the State Board of Education but shall be issued for and on behalf of the County Board of Public Instruction requesting the issuance thereof, and no election or approval of qualified electors or freeholders shall be required for the issuance thereof.

(c) The State Board shall in each year use the funds distributable pursuant to this Amendment to the credit of each county only in the following manner and order of priority:

(1) To pay all amounts of principal and interest maturing in such year on any bonds or motor vehicle tax anticipation certificates issued under the authority hereof, including refunding bonds or motor vehicle tax anticipation certificates, issued on behalf of the Board of Public Instruction of such county; subject, however, to any covenants or agreements made by the state Board concerning the rights between holders of different issues of such bonds or motor vehicle tax anticipation certificates, as herein authorized.

(2) To establish and maintain a sinking fund or funds to meet future requirements for debt service, or reserves therefor, on bonds or motor vehicle tax anticipation certificates issued on behalf of the Board of Public Instruction of such county, under the authority hereof, whenever the State Board shall deem it necessary or advisable, and in such amounts and under such terms and conditions as the State Board shall in its discretion determine.

(3) To distribute annually to the several Boards of Public Instruction of the counties for use in payment of debt service on bonds heretofore or hereafter issued by any such Board where the proceeds of the bonds were used, or are to be used, in the construction, acquisition, improvement, enlargement, furnishing, or equipping of capital outlay projects in such county, and which capital outlay projects have been approved by the Board of Public Instruction of the county, pursuant to a survey or surveys conducted subsequent to July 1, 1947, in the county, under regulations prescribed by the State Board to determine the capital outlay needs of the county.

The State Board shall have power at the time of issuance of any bonds by any Board of Public Instruction to covenant and agree with such Board as to the rank and priority of payments to be made for different issues of bonds under this Subsection (3), and may further agree that any amounts to be distributed under this subsection (3) may be pledged for the debt service on bonds issued by any Board of Public Instruction and for the rank and priority of such pledge. Any such covenants or agreements of the State Board may be enforced by any holders of such bonds in any court of competent jurisdiction.

(4) To distribute annually to the several Boards of Public Instruction of the counties for the payment of the cost of the construction, acquisition, improvement, enlargement, furnishing, or equipping of capital outlay projects for school purposes in such county as shall be requested by resolution of the County Board of Public Instruction of such county.

(5) When all major capital outlay needs of a county have been met as determined by the State Board, on the basis of a survey made pursuant to regulations of the State Board and approved by the State Board, all such funds remaining shall be distributed annually and used for such school purposes in such county as the Board of Public Instruction of the county shall determine, or as may be provided by general law.

(d) Capital outlay projects of a county shall be eligible to participate in the funds accruing under this Amendment and derived from the proceeds of bonds and motor vehicle tax anticipation certificates and from the motor vehicle license taxes, only in the order of priority of needs, as shown by a survey or surveys conducted in the county under regulations prescribed by the State Board, to determine the capital outlay needs of the county and approved by the State Board; provided, that the priority of such projects may be changed from time to time upon the request of the Board of Public Instruction of the county and with the approval of the State Board; and provided further, that this Subsection (d) shall not in any manner affect any covenant, agreement, or pledge made by the State Board in the issuance by said State Board of any bonds or motor vehicle tax anticipation certificates, or in connection with the issuance of any bonds of any Board of Public Instruction of any county.

(e) The State Board may invest any sinking fund or funds created pursuant to this Amendment in direct obligations of the United States of America or in the bonds or motor vehicle tax anticipation certificates, matured or to mature, issued by the State Board on behalf of the Board of Public Instruction of any county.

(f) The State Board shall have power to make and enforce all rules and regulations necessary to the full exercise of the powers herein granted and no legislation shall be required to render this Amendment of full force and operating effect from and after January 1, 1953. The Legislature shall not reduce the levies of said motor vehicle license taxes during the life of this Amendment to any degree which will fail to provide the full amount necessary to comply with the provisions of this Amendment and pay the necessary expenses of administering the laws relating to the licensing of motor vehicles, and shall not enact any law having the effect of withdrawing the proceeds of such motor vehicle license taxes from the operation of this Amendment and shall not enact any law impairing or materially altering the rights of the holders of any bonds or motor vehicle tax anticipation certificates issued pursuant to this Amendment or impairing or altering any covenant or agreement of the State Board, as provided in such bonds or motor vehicle tax anticipation certificates.

The State Board shall have power to appoint such persons and fix their compensation for the administration of the provisions of this Amendment as it shall deem necessary, and the expenses of the State Board in administering the provisions of this Amendment shall be prorated among the various counties and paid out of the proceeds of the bonds or motor vehicle tax anticipation certificates or from the funds distributable to each county on the same basis as such motor vehicle license taxes are distributable to the various counties under the provisions of this Amendment. Interest or profit on sinking fund investments shall accrue to the counties in proportion to their respective equities in the sinking fund or funds.[2]

## See also[edit]

|  Suggest a link

|

* 1952 ballot measures
* Florida 1952 ballot measures
* List of Florida ballot measures

## External links[edit]

* Sarasota Herald-Tribune, "Sample Ballot," November 4, 1952
* Florida Constitutional Revision Commission, "Amendments, Election of 11-4-52,"
* Biennial Report of the Secretary of State of the State of Florida (1951-1952)

## Footnotes[edit]

1. ↑ 1.0 1.1 Sarasota Herald-Tribune, "Sample Ballot," November 4, 1952
2. ↑ 2.0 2.1 Florida Constitutional Revision Commission, "Amendments, Election of 11-4-52,"
3. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.

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