Amendments, Special Election, 11-5-63:

1963 CS/ SJR 264 (Article XII, Section 19*) {Adopted}

1963 CS/SJR 727 (Article IX, Section 17*) {Adopted}

1963 CS/HJR 428 (Article IV, Sections 2, 20) {Adopted}

*For a number of years, some of the section numbers assigned by the Legislature were erroneous; then for several more years, the Legislature omitted the section number from some proposed amendments with the instruction: "to be assigned by the Secretary of State upon ratification."

Related Materials:

"Revenue Bonds and a New Cycle for Election of Governor and Cabinet Constitutional Amendments," by Madelyn L. Kafoglis.

Civic Information Series No. 42, Public Administration Clearing Service,

University of Florida. 1963.

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COMMITTEE SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 264

A JOINT RESOLUTION proposing an amendment to Article XII of the Constitution of Florida by adding a section to be numbered by the secretary of state authorizing the issuance of bonds for capital outlay at institutions of higher learning, including junior colleges and certain vocational technical schools; pledging certain tax funds; providing for the use of accumulated surplus to pay for any capital outlay project theretofore authorized by the Legislature; providing procedures therefor; providing powers and duties of the State Board of Education and State Board of Administration; and requiring a special election thereon.

Be it Resolved by the Legislature of the State of Florida:

That Article XII of the Florida Constitution be amended by adding the section set forth below to be numbered by the secretary of state and that said amendment be submitted to the electors of Florida for ratification or rejection at a special election to be held under authority of Section 3 of Article XVII of the Florida Constitution on ___________________________________. That three-fourths (3/4) of the membership of the Legislature does determine that an emergency exists requiring an early decision by the electors of this state.

Section __. (a) That beginning January 1, 1964, and for fifty (50) years thereafter, all of the proceeds of the revenues derived from the gross receipts taxes collected from every person, including municipalities, receiving payment for electricity for light, heat or power, for natural or manufactured gas for light, heat or power, for use of telephones and for the sending of telegrams and telegraph messages, as now provided and levied as of the time of adoption of this amendment in Chapter 203, Florida Statutes (hereinafter called "Gross Receipts Taxes"), shall, as collected, be placed in a trust fund to be known as the "Institutions of Higher Learning and Junior Colleges Capital Outlay and Debt Service Trust Fund" in the State Treasury (hereinafter referred to as "Capital Outlay Fund"), and used only as provided in this Amendment.

Said fund shall be administered by the State Board of Education, as now created and constituted by Section 3 of Article XII of the Constitution of Florida (hereinafter referred to as "State Board"). For the purpose 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 other constitutional and statutory powers related to the purposes of this Amendment heretofore or hereafter conferred by law upon said State Board.

(b) The State Board shall have power, for the purpose of obtaining funds for acquiring, building, constructing, altering, improving, enlarging, furnishing or equipping capital outlay projects theretofore authorized by the legislature and any purposes appurtenant or incidental thereto, for Institutions of Higher Learning or Junior Colleges, as now defined or as may be hereafter defined by law, and for the purpose of constructing buildings and other permanent facilities for vocational technical schools as provided in Chapter 230 Florida Statutes, to issue bonds or certificates, including refunding bonds or certificates to fund or refund any bonds or certificates theretofore issued. All such bonds or certificates shall bear interest at not exceeding four and one-half per centum (4 ½%) per annum, and shall mature at such time or times as the State Board shall determine, not exceeding, in any event, however, thirty (30) years from date of issuance thereof. The State Board shall have power to determine all other details of such bonds or certificates and to sell at public sale, after public advertisement, such bonds or certificates, provided, however, that no bonds or certificates shall ever be issued hereunder to finance, or the proceeds thereof expended for, any part of the cost of any capital outlay project unless the construction or acquisition of such capital outlay project has been theretofore authorized by the Legislature of Florida. None of said bonds or certificates shall be sold at less than ninety-eight per centum (98%) of the par value thereof, plus accrued interest, and said bonds or certificates shall be awarded at the public sale thereof to the bidder offering the lowest net interest cost for such bonds or certificates in the manner to be determined by the State Board.

The State Board shall also have power to pledge for the payment of the principal of and interest on such bonds or certificates and reserves therefor, including refunding bonds or certificates, all or any part of the revenue to be derived from the said Gross Receipts Taxes provided for in this Amendment, and to enter into any covenants and other agreements with the holders of such bonds or certificates 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 certificates shall ever be issued by the State Board in an amount exceeding seventy-five per centum (75%) of the amount which it determines, based upon the average annual amount of the revenue derived from said Gross Receipts Taxes during the immediately preceding two fiscal years, or the amount of the revenues derived from said Gross Receipts Taxes during the immediately preceding fiscal year, as shown in a certificate filed by the State Comptroller with the State Board prior to the issuance of such bonds or certificates, whichever is the lesser, can be serviced by the revenues accruing thereafter under the provisions of this Amendment; nor shall the State Board, during the first year following the ratification of this amendment, issue bonds or certificates in excess of seven (7) times the anticipated revenue from said Gross Receipts Taxes during said year, nor during each succeeding year, more than four (4) times the anticipated revenue from said Gross Receipts Taxes during such year. No election or approval of qualified electors or freeholder electors shall be required for the issuance of bonds or certificates hereunder.

After the initial issuance of any bonds or certificates pursuant to this Amendment, the State Board may thereafter issue additional bonds or certificates which will rank equally and on a parity, as to lien on and source of security for payment from said Gross Receipts Taxes, with any bonds or certificates theretofore issued pursuant to this Amendment, but such additional parity bonds or certificates shall not be issued unless the average annual amount of the revenues derived from said Gross Receipts Taxes during the immediately preceding two fiscal years, or the amount of the revenues derived from said Gross Receipts Taxes during the immediately preceding fiscal year, as shown in a certificate filed by the State Comptroller with the State Board prior to the issuance of such bonds or certificates, whichever is the lesser, shall have been equal to one and one-third (1 1/3) times the aggregate amount of principal and interest which will become due in any succeeding fiscal year on all bonds or certificates theretofore issued pursuant to this Amendment and then outstanding, and the additional parity bonds or certificates then proposed to be issued. No bonds, certificates or other obligations whatsoever shall at any time be issued under the provisions of this Amendment, except such bonds or certificates initially issued hereunder, and such additional parity bonds or certificates as provided in this paragraph. Notwithstanding any other provision herein no such bonds or certificates shall be authorized or validated during any biennium in excess of fifty million dollars, except by two-thirds vote of the members elected to each house of the legislature; provided further that during the biennium 1963-1965 seventy-five (75) million dollars may be authorized and validated pursuant hereto.

(c) Capital outlay projects theretofore authorized by the legislature for any Institution of Higher Learning or Junior College shall be eligible to participate in the funds accruing under this Amendment derived from the proceeds of bonds or certificates and said Gross Receipts Taxes under such regulations and in such manner as shall be determined by the State Board, and the State Board shall use or transmit to the State Board of Control or to the Board of Public Instruction of any County authorized by law to construct or acquire such capital outlay projects, the amount of the proceeds of such bonds or certificates or Gross Receipts Taxes to be applied to or used for such capital outlay projects. If for any reason any of the proceeds of any bonds or certificates issued for any capital outlay project shall not be expended for such capital outlay project, the State Board may use such unexpended proceeds for any other capital outlay project for Institutions of Higher Learning or Junior Colleges and vocational technical schools, as defined herein, as now defined or as may be hereafter defined by law, theretofore authorized by the State Legislature. The holders of bonds or certificates issued hereunder shall not have any responsibility whatsoever for the application or use of any of the proceeds derived from the sale of said bonds or certificates, and the rights and remedies of the holders of such bonds or certificates and their right to payment from said Gross Receipts Taxes in the manner provided herein shall not be affected or impaired by the application or use of such proceeds.

The State Board shall use the monies in said Capital Outlay Fund in each fiscal year only for the following purposes and in the following order of priority:

(1) For the payment of the principal of and interest on any bonds or certificates maturing in such fiscal year.

(2) For the deposit into any reserve funds provided for in the proceedings authorizing the issuance of said bonds or certificates, of any amounts required to be deposited in such reserve funds in such fiscal year.

(3) After all payments required in such fiscal year for the purposes provided for in (1) and (2) above, including any deficiencies for required payments in prior fiscal years, any monies remaining in said Capital Outlay Fund at the end of such fiscal year may be used by the State Board for direct payment of the cost or any part of the cost of any capital outlay project theretofore authorized by the legislature or for the purchase of any bonds or certificates issued hereunder then outstanding upon such terms and conditions as the State Board shall deem proper, or for the prior redemption of outstanding bonds or certificates in accordance with the provisions of the proceedings which authorized the issuance of such bonds or certificates.

The State Board may invest the monies in said Capital Outlay Fund or in any sinking fund or other funds created for any issue of bonds or certificates, in direct obligations of the United States of America or in the other securities referred to in Section 344.27, Florida Statutes.

(d) The State Board shall have the 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 on and after January 1, 1964. The Legislature, during the period this Amendment is in effect, shall not reduce the rate of said Gross Receipts Taxes now provided in said Chapter 203, Florida Statutes, or eliminate, exempt or remove any of the persons, firms or corporations, including municipal corporations, or any of the utilities, businesses or services now or hereafter subject to said Gross Receipts Taxes, from the levy and collection of said Gross Receipts Taxes as now provided in said Chapter 203, Florida Statutes, and shall not enact any law impairing or materially altering the rights of the holders of any bonds or certificates issued pursuant to this Amendment or impairing or altering any covenants or agreements of the State Board made hereunder, or having the effect of withdrawing the proceeds of said Gross Receipts Taxes from the operation of this Amendment.

The State Board of Administration shall be and is hereby constituted as the Fiscal Agent of the State Board to perform such duties and assume such responsibilities under this Amendment as shall be agreed upon between the State Board and such State Board of Administration. The State Board shall also have power to appoint such other 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 paid out of the proceeds of bonds or certificates issued hereunder or from said Gross Receipts Taxes deposited in said Capital Outlay Fund.

(e) No capital outlay project or any part thereof shall be financed hereunder unless the bill authorizing such project shall specify it is financed hereunder and shall be approved by a vote of three-fifths (3/5) of the elected members of each house.

Approved by the Governor June 18, 1963.

Filed in Office Secretary of State June 18, 1963.

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COMMITTEE SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 727

A JOINT RESOLUTION proposing an amendment to Article IX of the Constitution of Florida by adding a section to be numbered by the secretary of state providing for issuing state bonds for outdoor recreation and natural resources conservation; determining that an emergency exists.

Be it Resolved by the Legislature of the State of Florida:

That Article IX of the Florida constitution be amended by adding the section set forth below to be numbered by the secretary of state, that three-fourths (3/4) of all members elected to the house of representatives and to the senate determines that an emergency requiring an early decision by the electors of the state exists, and that said amendment be submitted to the electors of Florida for ratification or rejection at a special election to be held on __________________________, and that publication of notice of election be given:

Section __. The outdoor recreational development council, as created by the 1963 legislature, may issue revenue bonds, revenue certificates or other evidences of indebtedness to acquire lands, water areas and related resources and to construct, improve, enlarge and extend capital improvements and facilities thereon in furtherance of outdoor recreation, natural resources conservation and related facilities in this state; provided, however, the legislature with respect to such revenue bonds, revenue certificates or other evidences of indebtedness shall designate the revenue or tax sources to be deposited in or credited to the land acquisition trust fund for their repayment and may impose restrictions on their issuance, including the fixing of maximum interest rates and discounts.

The land acquisition trust fund, created by the 1963 legislature for these multiple public purposes, shall continue from the date of the adoption of this amendment for a period of fifty (50) years.

In the event the outdoor recreational development council shall determine to issue bonds for financing acquisition of sites for multiple purposes the state board of administration shall act as fiscal agent, and the attorney general shall handle the validation proceedings.

All bonds issued under this amendment shall be sold at public sale after public advertisement upon such terms and conditions as the outdoor recreational development council shall provide and as otherwise provided by law and subject to the limitations herein imposed.

Approved by the Governor June 14, 1963.

Filed in Office Secretary of State June 14, 1963.

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COMMITTEE SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 428

A JOINT RESOLUTION relating to elections; proposing an amendment to Article IV, Sections 2 and 20, of the constitution of the state of Florida, providing for the election of certain state officers at the 1964 and 1966 general elections; providing for an emergency election.

Be it Resolved by the Legislature of the State of Florida:

That the following amendment of Article IV, Section 2 of the constitution of the state of Florida be and the same is hereby agreed to and shall be submitted to the electors of the state of Florida for approval or rejection at a special called election to be held on November 5, 1963, as provided in Article XVII, Section 3 of the Florida constitution.

That three-fourths (3/4) of all members elected to each house of the legislature does determine that an emergency requiring an early decision by the electors of the state does exist with reference to this amendment to Article IV, Section 2 of the constitution.

Section 2. Election and Term of Governor. The governor shall be elected by the qualified electors of the state. The first election for governor under this section shall be at the general election of 1964, for a term of two (2) years and thereafter commencing with the general election of 1966, the governor shall be elected for a term of four (4) years. The term of office shall begin the first Tuesday after the first Monday in January next after this election. The governor elected at the general election of 1964 shall be eligible for re-election to said office in the general election of 1966, but the governor elected at the general election of 1966 and thereafter shall not be eligible for re-election to said office the next succeeding term.

Be it Further Resolved by the Legislature of the State of Florida:

That the following amendment of Article IV, Section 20 of the constitution of the state of Florida be and the same is hereby agreed to and shall be submitted to the electors of the state of Florida for approval or rejection at the general election to be held November 5, 1963, as provided in Article XVII, Section 3 of the Florida constitution.

That three-fourths (3/4) of all members elected to each house of the legislature does determine that an emergency requiring an early decision by the electors of the state does exist with reference to this amendment to Article IV, Section 20 of the constitution.

Section 20. Governor's Cabinet. The governor shall be assisted by administrative officers as follows: A secretary of state, attorney general, comptroller, treasurer, superintendent of public instruction, and commissioner of agriculture, who shall be elected at the same time as the governor, and shall hold their offices for the same term; provided, that the first election of such officers under this section shall be had at the time of voting for governor in 1964 for a term of two (2) years and thereafter commencing with the time of voting for governor in 1966, said officers shall be elected for a term of four (4) years.

Filed in Office Secretary of State June 17, 1963.