The Florida Senate

¹339.08  Use of moneys in State Transportation Trust Fund.--

²(1)  The department shall expend moneys in the State Transportation Trust Fund accruing to the department, in accordance with its annual budget. The use of such moneys shall be restricted to the following purposes:

(a)  To pay administrative expenses of the department, including administrative expenses incurred by the several state transportation districts, but excluding administrative expenses of commuter rail authorities that do not operate rail service.

(b)  To pay the cost of construction of the State Highway System.

(c)  To pay the cost of maintaining the State Highway System.

(d)  To pay the cost of public transportation projects in accordance with chapter 341 and ss. 332.003-332.007.

(e)  To reimburse counties or municipalities for expenditures made on projects in the State Highway System as authorized by s. 339.12(4) upon legislative approval.

(f)  To pay the cost of economic development transportation projects in accordance with s. 288.063

(g)  To lend or pay a portion of the operating, maintenance, and capital costs of a revenue-producing transportation project that is located on the State Highway System or that is demonstrated to relieve traffic congestion on the State Highway System.

(h)  To match any federal-aid funds allocated for any other transportation purpose, including funds allocated to projects not located in the State Highway System.

(i)  To pay the cost of county road projects selected in accordance with the Small County Road Assistance Program created in s. 339.2816

(j)  To pay the cost of county or municipal road projects selected in accordance with the County Incentive Grant Program created in s. 339.2817, the Small County Outreach Program created in s. 339.2818, and the Enhanced Bridge Program for Sustainable Transportation created in s. 339.285

(k)  To provide loans and credit enhancements for use in constructing and improving highway transportation facilities selected in accordance with the state-funded infrastructure bank created in s. 339.55

(l)  To pay the cost of projects on the Florida Strategic Intermodal System created in s. 339.61

(m)  To pay the cost of transportation projects selected in accordance with the Transportation Regional Incentive Program created in s. 339.2819

(n)  To pay other lawful expenditures of the department.

(2)  Unless specifically provided in the General Appropriations Act or the substantive bill implementing the General Appropriations Act, no moneys in the State Transportation Trust Fund may be used to fund the operational or capital outlay cost for any correctional facility of the Department of Corrections. The department shall, however, enter into contractual arrangements with the Department of Corrections for those specific maintenance functions that can be performed effectively by prison inmates under the supervision of Department of Corrections personnel with technical assistance being provided by the department. The cost of such contracts must not exceed the cost that would be incurred by the department if these functions were to be performed by its personnel or by contract with another entity unless, notwithstanding cost, the department can clearly demonstrate that for reasons of expediency or efficiency it is in the best interests of the department to contract with the Department of Corrections.

(3)  The department may authorize the investment of the earnings accrued and collected upon the investment of the minimum balance of funds required to be maintained in the State Transportation Trust Fund pursuant to s. 339.135(6)(b). Such investment shall be limited as provided in s. 288.9607(7).

History.--s. 139, ch. 29965, 1955; s. 1, ch. 31416, 1956; s. 19, ch. 57-318; s. 1, ch. 63-219; ss. 23, 35, ch. 69-106; s. 13, ch. 77-165; s. 4, ch. 77-416; s. 1, ch. 78-286; s. 118, ch. 79-190; s. 2, ch. 80-312; s. 1, ch. 82-120; s. 38, ch. 83-3; s. 1, ch. 83-346; ss. 207, 213, ch. 84-309; ss. 70, 81, ch. 85-180; s. 6, ch. 87-93; s. 4, ch. 87-164; s. 45, ch. 88-201; s. 24, ch. 88-557; s. 71, ch. 92-152; s. 69, ch. 93-164; s. 42, ch. 93-187; s. 40, ch. 96-323; ss. 31, 99, ch. 99-385; s. 14, ch. 2000-257; s. 77, ch. 2003-399; s. 8, ch. 2004-366; s. 14, ch. 2005-3; s. 20, ch. 2005-290; ss. 29, 53, ch. 2007-73; s. 38, ch. 2007-196.

¹Note.--Section 22, ch. 2000-257, provides that "[n]otwithstanding any other law to the contrary the requirements of sections 206.46(3) and 206.606(2), Florida Statutes, shall not apply to any funding, programs, or other provisions contained in this act."

²Note.--

A.  Section 29, ch. 2007-73, amended subsection (1) to add a new paragraph (n), and redesignated existing paragraph (n) as paragraph (o), "[i]n order to implement Specific Appropriation 2266 of the 2007-2008 General Appropriations Act." Related proviso language was vetoed. See ch. 2007-72, the 2007-2008 General Appropriations Act.

B.  Section 53, ch. 2007-73, provides that "[a] section of this act that implements a specific appropriation or specifically identified proviso language in the 2007-2008 General Appropriations Act is void if the specific appropriation or specifically identified proviso language is vetoed. A section of this act that implements more than one specific appropriation or more than one portion of specifically identified proviso language in the 2007-2008 General Appropriations Act is void if all the specific appropriations or portions of specifically identified proviso language are vetoed." Specific Appropriation 2266 was not vetoed, although proviso language authorizing use of funds in the State Transportation Trust Fund to pay administrative expenses relating to a multicounty transportation or expressway authority where a portion of the State Highway System is involved was vetoed. Had the related proviso not been vetoed, new paragraph (1)(n), created by s. 29, ch. 2007-73, would have read:

(n)  To pay administrative expenses incurred in accordance with applicable laws for a multicounty transportation or expressway authority created under chapter 343 or chapter 348, where jurisdiction for the authority includes a portion of the State Highway System and the administrative expenses are in furtherance of the duties and responsibilities of the authority in the development of improvements to the State Highway System. This paragraph expires July 1, 2008.