Senate Bill 1324

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                  SB 1324

    By Senator Forman





    32-710A-00                                          See HB 551

  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         336.021, F.S.; authorizing levy of the

  4         ninth-cent fuel tax on motor fuel and diesel

  5         fuel by majority, rather than extraordinary,

  6         vote of the county governing body; amending s.

  7         336.025, F.S.; authorizing levy of the

  8         additional local option fuel tax on motor fuel

  9         by majority, rather than majority plus one,

10         vote of the county governing body; revising

11         provisions which require levy of the local

12         option fuel tax on diesel fuel at the rate of 6

13         cents in every county; amending s. 339.175,

14         F.S.; revising duties of metropolitan planning

15         organizations and their technical advisory

16         committees with respect to safe access to

17         schools; requiring each metropolitan planning

18         organization located in a transportation

19         management area to establish a freight mobility

20         committee or comparable committee; providing an

21         effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Paragraph (a) of subsection (1) of section

26  336.021, Florida Statutes, is amended to read:

27         336.021  County transportation system; levy of

28  ninth-cent fuel tax on motor fuel and diesel fuel.--

29         (1)(a)  Any county in the state, by majority

30  extraordinary vote of the membership of its governing body or

31  subject to a referendum, may levy the tax imposed by ss.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1324
    32-710A-00                                          See HB 551




  1  206.41(1)(d) and 206.87(1)(b). County and municipal

  2  governments may use the moneys received under this paragraph

  3  only for transportation expenditures as defined in s.

  4  336.025(7).

  5         Section 2.  Subsections (1) and (9) of section 336.025,

  6  Florida Statutes, are amended to read:

  7         336.025  County transportation system; levy of local

  8  option fuel tax on motor fuel and diesel fuel.--

  9         (1)(a)  In addition to other taxes allowed by law,

10  there may be levied as provided in ss. 206.41(1)(e) and

11  206.87(1)(c) a 1-cent, 2-cent, 3-cent, 4-cent, 5-cent, or

12  6-cent local option fuel tax upon every gallon of motor fuel

13  and diesel fuel sold in a county and taxed under the

14  provisions of part I or part II of chapter 206.

15         1.  The tax shall be levied before July 1 to be

16  effective January 1 of the following year for a period not to

17  exceed 30 years, and the applicable method of distribution

18  shall be established pursuant to subsection (3) or subsection

19  (4).  However, levies of the tax which were in effect on July

20  1, 1996, and which expire on August 31 of any year may be

21  reimposed effective September 1 of the year of expiration.

22  Upon expiration, the tax may be relevied provided that a

23  redetermination of the method of distribution is made as

24  provided in this section.

25         2.  County and municipal governments shall utilize

26  moneys received pursuant to this paragraph only for

27  transportation expenditures.

28         3.  Any tax levied pursuant to this paragraph may be

29  extended on a majority vote of the governing body of the

30  county. A redetermination of the method of distribution shall

31  be established pursuant to subsection (3) or subsection (4),

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1324
    32-710A-00                                          See HB 551




  1  if, after July 1, 1986, the tax is extended or the tax rate

  2  changed, for the period of extension or for the additional

  3  tax.

  4         (b)  In addition to other taxes allowed by law, there

  5  may be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent,

  6  3-cent, 4-cent, or 5-cent local option fuel tax upon every

  7  gallon of motor fuel sold in a county and taxed under the

  8  provisions of part I of chapter 206.  The tax shall be levied

  9  by an ordinance adopted by a majority plus one vote of the

10  membership of the governing body of the county or by

11  referendum.

12         1.  The tax shall be levied before July 1, to be

13  effective January 1 of the following year.  However, levies of

14  the tax which were in effect on July 1, 1996, and which expire

15  on August 31 of any year may be reimposed effective September

16  1 of the year of expiration.

17         2.  The county may, prior to levy of the tax, establish

18  by interlocal agreement with one or more municipalities

19  located therein, representing a majority of the population of

20  the incorporated area within the county, a distribution

21  formula for dividing the entire proceeds of the tax among

22  county government and all eligible municipalities within the

23  county. If no interlocal agreement is adopted before the

24  effective date of the tax, tax revenues shall be distributed

25  pursuant to the provisions of subsection (4).  If no

26  interlocal agreement exists, a new interlocal agreement may be

27  established prior to June 1 of any year pursuant to this

28  subparagraph. However, any interlocal agreement agreed to

29  under this subparagraph after the initial levy of the tax or

30  change in the tax rate authorized in this section shall under

31  no circumstances materially or adversely affect the rights of

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1324
    32-710A-00                                          See HB 551




  1  holders of outstanding bonds which are backed by taxes

  2  authorized by this paragraph, and the amounts distributed to

  3  the county government and each municipality shall not be

  4  reduced below the amount necessary for the payment of

  5  principal and interest and reserves for principal and interest

  6  as required under the covenants of any bond resolution

  7  outstanding on the date of establishment of the new interlocal

  8  agreement.

  9         3.  County and municipal governments shall utilize

10  moneys received pursuant to this paragraph only for

11  transportation expenditures needed to meet the requirements of

12  the capital improvements element of an adopted comprehensive

13  plan. For purposes of this paragraph, expenditures for the

14  construction of new roads, or the reconstruction or

15  resurfacing of existing paved roads, shall be deemed to

16  increase capacity and such projects shall be included in the

17  capital improvements element of an adopted comprehensive plan.

18  Expenditures for purposes of this paragraph shall not include

19  routine maintenance of roads.

20         (c)  Local governments may use the services of the

21  Division of Bond Finance of the State Board of Administration

22  pursuant to the State Bond Act to issue any bonds through the

23  provisions of this section and may pledge the revenues from

24  local option fuel taxes to secure the payment of the bonds. In

25  no case may a jurisdiction issue bonds pursuant to this

26  section more frequently than once per year.  Counties and

27  municipalities may join together for the issuance of bonds

28  issued pursuant to this section.

29         (d)  If an interlocal agreement entered into under this

30  section does not provide for automatic adjustments or periodic

31  review by the local governmental entities of the method of

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    Florida Senate - 2000                                  SB 1324
    32-710A-00                                          See HB 551




  1  distribution of local option fuel tax revenues, the parties to

  2  the agreement shall review and hold public hearings on the

  3  terms of the agreement at least every 2 years.

  4         (9)  Notwithstanding any other provision of law this

  5  section, the tax on diesel fuel authorized in this section

  6  shall be levied in every county at the rate of 6 cents per net

  7  gallon.

  8         Section 3.  Paragraph (e) of subsection (5) of section

  9  339.175, Florida Statutes, is amended, present paragraphs (g)

10  and (h) of that subsection are redesignated as paragraphs (h)

11  and (i), respectively, and a new paragraph (g) is added to

12  that subsection, to read:

13         339.175  Metropolitan planning organization.--It is the

14  intent of the Legislature to encourage and promote the safe

15  and efficient management, operation, and development of

16  surface transportation systems that will serve the mobility

17  needs of people and freight within and through urbanized areas

18  of this state while minimizing transportation-related fuel

19  consumption and air pollution. To accomplish these objectives,

20  metropolitan planning organizations, referred to in this

21  section as M.P.O.'s, shall develop, in cooperation with the

22  state and public transit operators, transportation plans and

23  programs for metropolitan areas. The plans and programs for

24  each metropolitan area must provide for the development and

25  integrated management and operation of transportation systems

26  and facilities, including pedestrian walkways and bicycle

27  transportation facilities that will function as an intermodal

28  transportation system for the metropolitan area.  The process

29  for developing such plans and programs shall provide for

30  consideration of all modes of transportation and shall be

31  continuing, cooperative, and comprehensive, to the degree

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    Florida Senate - 2000                                  SB 1324
    32-710A-00                                          See HB 551




  1  appropriate, based on the complexity of the transportation

  2  problems to be addressed.

  3         (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,

  4  privileges, and authority of an M.P.O. are those specified in

  5  this section or incorporated in an interlocal agreement

  6  authorized under s. 163.01.  Each M.P.O. shall perform all

  7  acts required by federal or state laws or rules, now and

  8  subsequently applicable, which are necessary to qualify for

  9  federal aid. It is the intent of this section that each M.P.O.

10  shall be involved in the planning and programming of

11  transportation facilities, including, but not limited to,

12  airports, intercity and high-speed rail lines, seaports, and

13  intermodal facilities, to the extent permitted by state or

14  federal law.

15         (e)  Each M.P.O. shall appoint a technical advisory

16  committee that includes planners; engineers; representatives

17  of local aviation authorities, port authorities, and public

18  transit authorities or representatives of aviation

19  departments, seaport departments, and public transit

20  departments of municipal or county governments, as applicable;

21  the school superintendent of each county within the

22  jurisdiction of the M.P.O. or the superintendent's designee;

23  and other appropriate representatives of affected local

24  governments. In addition to any other duties assigned to it by

25  the M.P.O. or by state or federal law, the technical advisory

26  committee is responsible for considering safe access to

27  schools in its review of transportation project priorities,

28  long-range transportation plans, and transportation

29  improvement programs, and shall advise the M.P.O. on such

30  matters. In addition, the technical advisory committee shall

31  coordinate its actions with local school boards and other

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    Florida Senate - 2000                                  SB 1324
    32-710A-00                                          See HB 551




  1  local programs and organizations within the metropolitan area

  2  that participate in school safety activities, such as locally

  3  established community traffic safety teams. identifying

  4  projects contained in the long-range transportation plan or

  5  transportation improvement program which deserve to be

  6  classified as a school safety concern. Upon receipt of the

  7  recommendation from the technical advisory committee that a

  8  project should be so classified, the M.P.O. must vote on

  9  whether to classify a particular project as a school safety

10  concern.  If the M.P.O. votes that a project should be

11  classified as a school safety concern, the local governmental

12  entity responsible for the project must consider at least two

13  alternatives before making a decision about project location

14  or alignment.

15         (g)  Each M.P.O. located within a transportation

16  management area designated pursuant to 23 U.S.C. s. 134 shall

17  establish a freight mobility committee or a comparable

18  committee that, in addition to its other duties, shall be

19  responsible for considering intermodal freight transportation.

20  The chair or the chair's designee from the freight mobility

21  committee, or comparable committee, shall also serve on the

22  M.P.O.'s technical advisory committee. The freight mobility

23  committee shall serve at the pleasure of the M.P.O.

24         Section 4.  This act shall take effect July 1, 2000.

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    Florida Senate - 2000                                  SB 1324
    32-710A-00                                          See HB 551




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Authorizes levy of the ninth-cent fuel tax on motor fuel
  4    and diesel fuel, and levy of the additional local option
      fuel tax on motor fuel, by majority, rather than
  5    extraordinary, vote of the county governing body. Revises
      provisions which require levy of the local option fuel
  6    tax on diesel fuel at the rate of 6 cents in every
      county.
  7

  8    Revises duties of metropolitan planning organizations and
      their technical advisory committees with respect to safe
  9    access to schools. Requires each metropolitan planning
      organization located in a transportation management area
10    to establish a freight mobility committee or comparable
      committee.
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