House Bill hb0869

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    Florida House of Representatives - 2002                 HB 869

        By Representative Goodlette






  1                      A bill to be entitled

  2         An act relating to transportation funding;

  3         amending s. 206.606, F.S.; eliminating the

  4         deduction of administrative costs from the

  5         proceeds of the fuel sales taxes on motor fuel

  6         and diesel fuel deposited in the Fuel Tax

  7         Collection Trust Fund; eliminating transfers to

  8         the Invasive Plant Control Trust Fund, the

  9         State Game Trust Fund, and the Agricultural

10         Emergency Eradication Trust Fund from such

11         proceeds; amending s. 206.608, F.S.;

12         eliminating the deduction of administrative

13         costs from the proceeds of the State

14         Comprehensive Enhanced Transportation System

15         Taxes on motor fuel and diesel fuel deposited

16         in the Fuel Tax Collection Trust Fund;

17         eliminating transfers to the Agricultural

18         Emergency Eradication Trust Fund from such

19         proceeds; repealing s. 206.609, F.S., which

20         provides for regulation of such transfers to

21         the Agricultural Emergency Eradication Trust

22         Fund, and s. 570.1912, F.S., which provides for

23         appropriations to the trust fund from the

24         General Revenue Fund of amounts equal to such

25         transfers; providing for use of the revenues

26         derived from elimination of the deduction of

27         administrative costs from the proceeds of

28         specified taxes under the act; amending ss.

29         215.20 and 215.22, F.S.; providing that the 7

30         percent service charge for the cost of general

31         government and the additional 0.3 percent

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  1         service charge shall not be deducted from the

  2         Fuel Tax Collection Trust Fund, the State

  3         Alternative Fuel User Fee Clearing Trust Fund,

  4         the Local Alternative Fuel User Fee Clearing

  5         Trust Fund, the Local Option Fuel Tax Trust

  6         Fund, and taxes on motor fuels other than

  7         gasoline levied under s. 206.87(1)(a), F.S.;

  8         providing for use of the revenues derived from

  9         elimination of such service charges; repealing

10         s. 215.211(3), F.S., which provides for the

11         future reduction and elimination of the 7

12         percent service charge deducted from proceeds

13         of the local option fuel tax distributed under

14         s. 336.025, F.S.; repealing s. 240.156, F.S.,

15         which provides for deposit of the service

16         charge deducted from revenues raised by the

17         local option tax on motor fuel levied pursuant

18         to s. 336.025(1)(b), F.S., in the State

19         University System Concurrency Trust Fund;

20         amending ss. 206.875, 206.879, 206.9845,

21         206.9945, and 212.0501, F.S., to conform;

22         amending s. 320.072, F.S.; providing that a

23         portion of the revenues from the additional fee

24         on certain motor vehicle registration

25         transactions shall be used to fund the County

26         Incentive Grant Program rather than deposited

27         in the General Revenue Fund; repealing s. 10,

28         ch. 2000-257, Laws of Florida, which eliminates

29         the deposit of a portion of such fee in the

30         General Revenue Fund on July 1, 2005; amending

31         s. 339.1371, F.S., to conform; amending ss.

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  1         206.41, 336.021, and 336.025, F.S.; providing

  2         that the rates of the ninth-cent fuel tax on

  3         motor fuel and the local option fuel tax on

  4         motor fuel shall be adjusted annually based on

  5         the Consumer Price Index; providing for

  6         notification of tax rates by the Department of

  7         Revenue; eliminating the deduction of

  8         administrative costs from the proceeds of the

  9         local option fuel taxes on motor fuel and

10         diesel fuel; providing an effective date.

11

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

13

14         Section 1.  Section 206.606, Florida Statutes, is

15  amended to read:

16         206.606  Distribution of certain proceeds.--

17         (1)  Moneys collected pursuant to ss. 206.41(1)(g) and

18  206.87(1)(e) shall be deposited in the Fuel Tax Collection

19  Trust Fund.  Such moneys, after deducting the service charges

20  imposed by s. 215.20, the refunds granted pursuant to s.

21  206.41, and the administrative costs incurred by the

22  department in collecting, administering, enforcing, and

23  distributing the tax, which administrative costs may not

24  exceed 2 percent of collections, shall be distributed monthly

25  to the State Transportation Trust Fund., except that:

26         (a)  $6.30 million shall be transferred to the

27  Department of Environmental Protection in each fiscal year and

28  deposited in the Invasive Plant Control Trust Fund to be used

29  for aquatic plant management, including nonchemical control of

30  aquatic weeds, research into nonchemical controls, and

31  enforcement activities.  Beginning in fiscal year 1993-1994,

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  1  the department shall allocate at least $1 million of such

  2  funds to the eradication of melaleuca.

  3         (b)  $2.5 million shall be transferred to the State

  4  Game Trust Fund in the Fish and Wildlife Conservation

  5  Commission in each fiscal year and used for recreational

  6  boating activities, and freshwater fisheries management and

  7  research.  The transfers must be made in equal monthly amounts

  8  beginning on July 1 of each fiscal year. The commission shall

  9  annually determine where unmet needs exist for boating-related

10  activities, and may fund such activities in counties where,

11  due to the number of vessel registrations, sufficient

12  financial resources are unavailable.

13         1.  A minimum of $1.25 million shall be used to fund

14  local projects to provide recreational channel marking, public

15  launching facilities, aquatic plant control, and other local

16  boating related activities. In funding the projects, the

17  commission shall give priority consideration as follows:

18         a.  Unmet needs in counties with populations of 100,000

19  or less.

20         b.  Unmet needs in coastal counties with a high level

21  of boating related activities from individuals residing in

22  other counties.

23         2.  The remaining $1.25 million may be used for

24  recreational boating activities and freshwater fisheries

25  management and research.

26         3.  The commission is authorized to adopt rules

27  pursuant to ss. 120.536(1) and 120.54 to implement a Florida

28  Boating Improvement Program similar to the program

29  administered by the Department of Environmental Protection and

30  established in rules 62D-5.031 - 62D-5.036, Florida

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  1  Administrative Code, to determine projects eligible for

  2  funding under this subsection.

  3

  4  On February 1 of each year, the commission shall file an

  5  annual report with the President of the Senate and the Speaker

  6  of the House of Representatives outlining the status of its

  7  Florida Boating Improvement Program, including the projects

  8  funded, and a list of counties whose needs are unmet due to

  9  insufficient financial resources from vessel registration

10  fees.

11         (c)  0.65 percent of moneys collected pursuant to s.

12  206.41(1)(g) shall be transferred to the Agricultural

13  Emergency Eradication Trust Fund.

14         (2)  Not less than 10 percent of the moneys deposited

15  in the State Transportation Trust Fund pursuant to this

16  section shall be allocated by the Department of Transportation

17  for public transit and rail capital projects, including

18  service development projects, as defined in s. 341.031(7) and

19  (8), unless otherwise provided in the General Appropriations

20  Act.

21         Section 2.  Section 206.608, Florida Statutes, is

22  amended to read:

23         206.608  State Comprehensive Enhanced Transportation

24  System Tax; deposit of proceeds; distribution.--Moneys

25  received pursuant to ss. 206.41(1)(f) and 206.87(1)(d) shall

26  be deposited in the Fuel Tax Collection Trust Fund, and, after

27  deducting the service charge imposed in chapter 215 and

28  administrative costs incurred by the department in collecting,

29  administering, enforcing, and distributing the tax, which

30  administrative costs may not exceed 2 percent of collections,

31  shall be distributed as follows:

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  1         (1)  0.65 percent of the proceeds of the tax levied

  2  pursuant to s. 206.41(1)(f) shall be transferred to the

  3  Agricultural Emergency Eradication Trust Fund.

  4         (2)  The remaining proceeds of the tax levied pursuant

  5  to s. 206.41(1)(f) and all of the proceeds from the tax

  6  imposed by s. 206.87(1)(d) shall be transferred into the State

  7  Transportation Trust Fund, and may be used only for projects

  8  in the adopted work program in the district in which the tax

  9  proceeds are collected and, to the maximum extent feasible,

10  such moneys shall be programmed for use in the county where

11  collected. However, no revenue from the taxes imposed pursuant

12  to ss. 206.41(1)(f) and 206.87(1)(d) in a county shall be

13  expended unless the projects funded with such revenues have

14  been included in the work program adopted pursuant to s.

15  339.135.

16         Section 3.  Sections 206.609 and 570.1912, Florida

17  Statutes, are repealed.

18         Section 4.  Use of revenues derived from elimination of

19  deduction of administrative costs on certain taxes.--The

20  increased revenues derived from the elimination of the

21  deduction of administrative costs from the proceeds of the

22  fuel sales taxes on motor fuel and diesel fuel under s.

23  206.606, Florida Statutes, the State Comprehensive Enhanced

24  Transportation System Tax under s. 206.608, Florida Statutes,

25  and the local option fuel taxes on motor fuel and diesel fuel

26  under s. 336.025, Florida Statutes, shall be deposited in the

27  State Transportation Trust Fund and used to fund the County

28  Incentive Grant Program.

29         Section 5.  Subsection (4) of section 215.20, Florida

30  Statutes, is amended to read:

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  1         215.20  Certain income and certain trust funds to

  2  contribute to the General Revenue Fund.--

  3         (1)  A service charge of 7 percent, representing the

  4  estimated pro rata share of the cost of general government

  5  paid from the General Revenue Fund, shall be deducted from all

  6  income of a revenue nature deposited in all trust funds except

  7  those enumerated in s. 215.22.  Income of a revenue nature

  8  shall include all earnings received or credited by such trust

  9  funds, including the interest or benefit received from the

10  investment of the principal of such trust funds as may be

11  permitted by law.  This provision shall be construed in favor

12  of the General Revenue Fund in each instance. All such

13  deductions shall be deposited in the General Revenue Fund.

14         (3)  A service charge of 0.3 percent shall be deducted

15  from income of a revenue nature deposited in the trust funds

16  enumerated in subsection (4). Income of a revenue nature shall

17  include all earnings received or credited by such trust funds,

18  including the interest or benefit received from the investment

19  of the principal of such trust funds as may be permitted by

20  law. This provision shall be construed in favor of the General

21  Revenue Fund in each instance.  All such deductions shall be

22  deposited in the General Revenue Fund.

23         (4)  The income of a revenue nature deposited in the

24  following described trust funds, by whatever name designated,

25  is that from which the deductions authorized by subsection (3)

26  shall be made:

27         (a)  The Fuel Tax Collection Trust Fund created by s.

28  206.875.

29         (a)(b)  All income derived from outdoor advertising and

30  overweight violations which is deposited in the State

31  Transportation Trust Fund created by s. 206.46.

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  1         (c)  All taxes levied on motor fuels other than

  2  gasoline levied pursuant to the provisions of s. 206.87(1)(a).

  3         (d)  The State Alternative Fuel User Fee Clearing Trust

  4  Fund established pursuant to s. 206.879(1).

  5         (e)  The Local Alternative Fuel User Fee Clearing Trust

  6  Fund established pursuant to s. 206.879(2).

  7         (b)(f)  The Cigarette Tax Collection Trust Fund created

  8  by s. 210.20.

  9         (c)(g)  The Nonmandatory Land Reclamation Trust Fund

10  established pursuant to s. 211.3103.

11         (d)(h)  The Phosphate Research Trust Fund established

12  pursuant to s. 211.3103.

13         (e)(i)  The Land Reclamation Trust Fund established

14  pursuant to s. 211.32(1)(f).

15         (f)(j)  The Educational Certification and Service Trust

16  Fund created by s. 231.30.

17         (g)(k)  The trust funds administered by the Division of

18  Historical Resources of the Department of State.

19         (h)(l)  The Marine Resources Conservation Trust Fund

20  created by s. 370.0608, with the exception of those fees

21  collected for recreational saltwater fishing licenses as

22  provided in s. 370.0605.

23         (m)  The Local Option Fuel Tax Trust Fund created

24  pursuant to s. 336.025.

25         (i)(n)  The Florida Public Service Regulatory Trust

26  Fund established pursuant to s. 350.113.

27         (j)(o)  The State Game Trust Fund established by s.

28  372.09.

29         (k)(p)  The Special Disability Trust Fund created by s.

30  440.49.

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  1         (l)(q)  The Workers' Compensation Administration Trust

  2  Fund created by s. 440.50(1)(a).

  3         (m)(r)  The Employment Security Administration Trust

  4  Fund created by s. 443.211(1).

  5         (n)(s)  The Special Employment Security Administration

  6  Trust Fund created by s. 443.211(2).

  7         (o)(t)  The Professional Regulation Trust Fund

  8  established pursuant to s. 455.219.

  9         (p)(u)  The Speech-Language Pathology and Audiology

10  Trust Fund.

11         (q)(v)  The Division of Licensing Trust Fund

12  established pursuant to s. 493.6117.

13         (r)(w)  The Division of Florida Land Sales,

14  Condominiums, and Mobile Homes Trust Fund established pursuant

15  to s. 498.019.

16         (s)(x)  The trust fund of the Division of Hotels and

17  Restaurants, as defined in s. 509.072, with the exception of

18  those fees collected for the purpose of funding of the

19  hospitality education program as stated in s. 509.302.

20         (t)(y)  The trust funds administered by the Division of

21  Pari-mutuel Wagering and the Florida Quarter Horse Racing

22  Promotion Trust Fund.

23         (u)(z)  The General Inspection Trust Fund and

24  subsidiary accounts thereof, unless a different percentage is

25  authorized by s. 570.20.

26         (v)(aa)  The Florida Citrus Advertising Trust Fund

27  created by s. 601.15(7), including transfers from any

28  subsidiary accounts thereof, unless a different percentage is

29  authorized in that section.

30         (w)(bb)  The Agents and Solicitors County Tax Trust

31  Fund created by s. 624.506.

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  1         (x)(cc)  The Insurance Commissioner's Regulatory Trust

  2  Fund created by s. 624.523.

  3         (y)(dd)  The Financial Institutions' Regulatory Trust

  4  Fund established pursuant to s. 655.049.

  5         (z)(ee)  The Crimes Compensation Trust Fund established

  6  pursuant to s. 960.21.

  7         (aa)(ff)  The Records Management Trust Fund established

  8  pursuant to s. 257.375.

  9         (bb)(gg)  The Alcoholic Beverage and Tobacco Trust Fund

10  established pursuant to s. 561.025.

11         (cc)(hh)  The Health Care Trust Fund established

12  pursuant to s. 408.16.

13         (dd)(ii)  The Police and Firefighters' Premium Tax

14  Trust Fund established within the Department of Management

15  Services.

16

17  The enumeration of the foregoing moneys or trust funds shall

18  not prohibit the applicability thereto of s. 215.24 should the

19  Governor determine that for the reasons mentioned in s. 215.24

20  the money or trust funds should be exempt herefrom, as it is

21  the purpose of this law to exempt income from its force and

22  effect when, by the operation of this law, federal matching

23  funds or contributions or private grants to any trust fund

24  would be lost to the state.

25         Section 6.  Paragraphs (x), (y), (z), (aa), and (bb)

26  are added to subsection (1) of section 215.22, Florida

27  Statutes, to read:

28         215.22  Certain income and certain trust funds

29  exempt.--

30

31

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  1         (1)  The following income of a revenue nature or the

  2  following trust funds shall be exempt from the deduction

  3  required by s. 215.20(1):

  4         (x)  The Fuel Tax Collection Trust Fund.

  5         (y)  All taxes levied on motor fuels other than

  6  gasoline levied pursuant to the provisions of s. 206.87(1)(a).

  7         (z)  The State Alternative Fuel User Fee Clearing Trust

  8  Fund established pursuant to s. 206.879(1).

  9         (aa)  The Local Alternative Fuel User Fee Clearing

10  Trust Fund established pursuant to s. 206.879(2).

11         (bb)  The Local Option Fuel Tax Trust Fund created

12  pursuant to s. 336.025.

13         Section 7.  Use of revenues derived from elimination of

14  deduction of service charges.--Beginning July 1, 2002, the

15  increased revenues derived from the elimination of the

16  deduction of the service charges imposed under s. 215.20(1)

17  and (3), Florida Statutes, from the Fuel Tax Collection Trust

18  Fund, the State Alternative Fuel User Fee Clearing Trust Fund,

19  the Local Alternative Fuel User Fee Clearing Trust Fund, the

20  Local Option Fuel Tax Trust Fund, and taxes on motor fuels

21  other than gasoline levied under s. 206.87(1)(a), Florida

22  Statutes, shall be deposited in the State Transportation Trust

23  Fund and used to fund the County Incentive Grant Program,

24  except that the increased revenues derived from the

25  elimination of the deduction of the service charge imposed

26  under s. 215.20(1), Florida Statutes, from the proceeds of any

27  tax levied by a county under s. 336.025(1)(b), Florida

28  Statutes, shall be returned directly to the county levying

29  such tax.

30         Section 8.  Subsection (3) of section 215.211 and

31  section 240.156, Florida Statutes, are repealed.

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  1         Section 9.  Subsection (1) of section 206.875, Florida

  2  Statutes, is amended to read:

  3         206.875  Allocation of tax.--

  4         (1)  All moneys derived from the taxes imposed by this

  5  part shall be paid into the State Treasury by the department

  6  for deposit in the Fuel Tax Collection Trust Fund, from which

  7  the following transfers shall be made: After withholding

  8  $10,000 from the proceeds of 4 cents of such tax, to be used

  9  as a revolving cash balance, all other moneys shall be

10  transferred in the same manner and for the same purpose as

11  provided by law for allocation of the taxes levied in part I,

12  including deduction of the service charges provided for in s.

13  215.20 and the administrative costs incurred by the department

14  in collecting, administering, enforcing, and distributing the

15  tax, which administrative costs may not exceed 2 percent of

16  collections.

17         Section 10.  Section 206.879, Florida Statutes, is

18  amended to read:

19         206.879  State and local alternative fuel user fee

20  clearing trust funds; distribution.--

21         (1)  Notwithstanding the provisions of s. 206.875, the

22  revenues from the state alternative fuel fees imposed by s.

23  206.877 shall be deposited into the State Alternative Fuel

24  User Fee Clearing Trust Fund, which is hereby created.  After

25  deducting the service charges provided in s. 215.20, The

26  proceeds in this trust fund shall be distributed as follows:

27  one-fifth of the proceeds in calendar year 1991, one-third of

28  the proceeds in calendar year 1992, three-sevenths of the

29  proceeds in calendar year 1993, and one-half of the proceeds

30  in each calendar year thereafter shall be transferred to the

31  State Transportation Trust Fund; the remainder shall be

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  1  distributed as follows:  50 percent shall be transferred to

  2  the State Board of Administration for distribution according

  3  to the provisions of s. 16, Art. IX of the State Constitution

  4  of 1885, as amended; 25 percent shall be transferred to the

  5  Revenue Sharing Trust Fund for Municipalities; and the

  6  remaining 25 percent shall be distributed using the formula

  7  contained in s. 206.60(1).

  8         (2)  Notwithstanding the provisions of s. 206.875, the

  9  revenues from the local alternative fuel fees imposed in lieu

10  of s. 206.87(1)(b) or (c) shall be deposited into the Local

11  Alternative Fuel User Fee Clearing Trust Fund, which is hereby

12  created.  After deducting the service charges provided in s.

13  215.20, The proceeds in this trust fund shall be returned

14  monthly to the appropriate county.

15         Section 11.  Section 206.9845, Florida Statutes, is

16  amended to read:

17         206.9845  Distribution of proceeds.--Moneys collected

18  pursuant to this part shall be deposited in the Fuel Tax

19  Collection Trust Fund. Such moneys, after deducting the

20  service charges imposed by s. 215.20, the refunds granted

21  pursuant to s. 206.9855, and the administrative costs incurred

22  by the department in collecting, administering, enforcing, and

23  distributing the tax, which administrative costs may not

24  exceed 2 percent of collections, shall be distributed monthly

25  to the State Transportation Trust Fund.

26         Section 12.  Subsection (1) of section 206.9945,

27  Florida Statutes, is amended to read:

28         206.9945  Funds collected; disposition; department

29  authority.--

30         (1)  The department shall deposit all funds received

31  and collected by it under this part into the Fuel Tax

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  1  Collection Trust Fund to be transferred, less the costs of

  2  administration and less the service charges to be deducted

  3  pursuant to s. 215.20, as follows:

  4         (a)  Moneys collected pursuant to s. 206.9935(1) shall

  5  be transferred to the Florida Coastal Protection Trust Fund as

  6  provided in s. 376.11;

  7         (b)  Moneys collected pursuant to s. 206.9935(2) shall

  8  be transferred to the Water Quality Assurance Trust Fund as

  9  provided in s.  376.307; and

10         (c)  Moneys collected pursuant to s. 206.9935(3), less

11  any refunds granted under s. 206.9942, shall be transferred to

12  the Inland Protection Trust Fund as provided in s. 376.3071.

13         Section 13.  Subsection (6) of section 212.0501,

14  Florida Statutes, is amended to read:

15         212.0501  Tax on diesel fuel for business purposes;

16  purchase, storage, and use.--

17         (6)  All taxes required to be paid on fuel used in

18  self-propelled off-road equipment shall be deposited in the

19  Fuel Tax Collection Trust Fund, to be distributed, after

20  deduction of the general revenue service charge pursuant to s.

21  215.20, to the State Transportation Trust Fund.  The

22  department shall, each month, make a transfer, from general

23  revenue collections, equal to such use tax reported on

24  dealers' sales and use tax returns.

25         Section 14.  Subsection (4) of section 320.072, Florida

26  Statutes, is amended to read:

27         320.072  Additional fee imposed on certain motor

28  vehicle registration transactions.--

29         (4)  A tax collector or other duly authorized agent of

30  the department shall promptly remit all moneys collected

31  pursuant to this section, less any refunds granted pursuant to

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  1  subsection (3), to the department. The department shall

  2  deposit 30 percent of such moneys as they are received into

  3  the General Revenue Fund. The remainder of the proceeds, after

  4  deducting the service charge imposed by s. 215.20, shall be

  5  deposited into the State Transportation Trust Fund. Thirty

  6  percent of such moneys shall be used to fund the County

  7  Incentive Grant Program provided for under s. 339.2817.

  8         Section 15.  Section 10 of chapter 2000-257, Laws of

  9  Florida, is repealed.

10         Section 16.  Subsection (2) of section 339.1371,

11  Florida Statutes, is amended to read:

12         339.1371  Mobility 2000; Transportation Outreach

13  Program; funding.--

14         (2)  Notwithstanding any other provision of law, in

15  fiscal year 2001-2002 and each year thereafter, the increase

16  in revenue to the State Transportation Trust Fund derived from

17  ss. 1, 2, 3, 7, and 9, and 10, ch. 2000-257, Laws of Florida,

18  shall be first used by the Department of Transportation to

19  fund the Mobility 2000 initiative and any remaining funds

20  shall be used to fund the Transportation Outreach Program

21  created pursuant to s. 339.137. Notwithstanding any other law

22  to the contrary, the requirements of ss. 206.46(3) and

23  206.606(2) shall not apply to the Mobility 2000 initiative.

24         Section 17.  Paragraphs (d), (e), and (f) of subsection

25  (1) of section 206.41, Florida Statutes, are amended to read:

26         206.41  State taxes imposed on motor fuel.--

27         (1)  The following taxes are imposed on motor fuel

28  under the circumstances described in subsection (6):

29         (d)1.  An additional tax of 1 cent per net gallon may

30  be imposed by each county on motor fuel, which shall be

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  1  designated as the "ninth-cent fuel tax."  This tax shall be

  2  levied and used as provided in s. 336.021.

  3         2.  Beginning January 1, 2003, and on January 1 of each

  4  year thereafter, the tax rate provided in subparagraph 1.

  5  shall be adjusted by the percentage change in the average of

  6  the Consumer Price Index issued by the United States

  7  Department of Labor for the most recent 12-month period ending

  8  September 30, compared to the base year average, which is the

  9  average for the 12-month period ending September 30, 2001, and

10  rounded to the nearest tenth of a cent. However, the rate

11  shall never be adjusted lower than the rate in effect under

12  subparagraph 1. on December 31, 2002.

13         3.  The department shall notify each terminal supplier,

14  position holder, wholesaler, and importer of the tax rate

15  applicable under this paragraph for the 12-month period

16  beginning January 1.

17         (e)1.  An additional tax of between 1 cent and 11 cents

18  per net gallon may be imposed on motor fuel by each county,

19  which shall be designated as the "local option fuel tax."

20  This tax shall be levied and used as provided in s. 336.025.

21         2.  Beginning January 1, 2003, and on January 1 of each

22  year thereafter, the rates of the taxes on motor fuel provided

23  in s. 336.025(1)(a) and (b) shall be adjusted by the

24  percentage change in the average of the Consumer Price Index

25  issued by the United States Department of Labor for the most

26  recent 12-month period ending September 30, compared to the

27  base year average, which is the average for the 12-month

28  period ending September 30, 2001, and rounded to the nearest

29  tenth of a cent. However, the rates shall never be adjusted

30  lower than the rates in effect under s. 336.025(1)(a) and (b)

31  on December 31, 2002.

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  1         3.  The department shall notify each terminal supplier,

  2  position holder, wholesaler, and importer of the tax rate

  3  applicable under this paragraph for the 12-month period

  4  beginning January 1.

  5         (f)1.  An additional tax designated as the State

  6  Comprehensive Enhanced Transportation System Tax is imposed on

  7  each net gallon of motor fuel in each county.  This tax shall

  8  be levied and used as provided in s. 206.608.

  9         2.  The rate of the tax in each county shall be equal

10  to two-thirds of the lesser of the sum of the taxes imposed on

11  motor fuel pursuant to paragraphs (d) and (e) in such county,

12  after the adjustments made pursuant to subparagraphs (d)2. and

13  (e)2., or 6 cents, rounded to the nearest tenth of a cent.

14         3.  Beginning January 1, 1992, and on January 1 of each

15  year thereafter, the tax rate provided in subparagraph 2.

16  shall be adjusted by the percentage change in the average of

17  the Consumer Price Index issued by the United States

18  Department of Labor for the most recent 12-month period ending

19  September 30, compared to the base year average, which is the

20  average for the 12-month period ending September 30, 1990, and

21  rounded to the nearest tenth of a cent.

22         4.  The department shall notify each terminal supplier,

23  position holder, wholesaler, and importer of the tax rate

24  applicable under this paragraph for the 12-month period

25  beginning January 1.

26         Section 18.  Paragraph (a) of subsection (1) of section

27  336.021, Florida Statutes, is amended to read:

28         336.021  County transportation system; levy of

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

30         (1)(a)1.  Any county in the state, by extraordinary

31  vote of the membership of its governing body or subject to a

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  1  referendum, may levy the tax imposed by ss. 206.41(1)(d) and

  2  206.87(1)(b).

  3         2.  The rate of the ninth-cent fuel tax on motor fuel

  4  shall be adjusted each January 1 as provided in s.

  5  206.41(1)(d)2. The rate of any such tax being levied on that

  6  date shall be automatically adjusted, and any such tax first

  7  levied during the following calendar year shall be levied at

  8  the adjusted rate. Such adjustment shall apply to any such tax

  9  being levied by a county pursuant to an ordinance adopted

10  prior to July 1, 2002, and such county shall not be required

11  to amend its original ordinance imposing the tax. Any

12  ordinance levying such a tax adopted on or after July 1, 2002,

13  shall specify that the rate of the tax is subject to

14  adjustment as provided in s. 206.41(1)(d)2.

15         3.  County and municipal governments may use the moneys

16  received under this paragraph only for transportation

17  expenditures as defined in s. 336.025(7).

18         Section 19.  Paragraphs (a) and (b) of subsection (1)

19  and paragraph (a) of subsection (2) of section 336.025,

20  Florida Statutes, are amended to read:

21         336.025  County transportation system; levy of local

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

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

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

25  206.87(1)(c) a 1-cent, 2-cent, 3-cent, 4-cent, 5-cent, or

26  6-cent local option fuel tax upon every gallon of motor fuel

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

28  provisions of part I or part II of chapter 206. The rates of

29  the local option fuel tax on motor fuel authorized by this

30  paragraph shall be adjusted each January 1 as provided in s.

31  206.41(1)(e)2. The rate of any such tax being levied on that

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  1  date shall be automatically adjusted, and any such tax first

  2  levied during the following calendar year shall be levied at

  3  the adjusted rate. Such adjustment shall apply to any such tax

  4  being levied by a county pursuant to an ordinance or

  5  resolutions adopted prior to July 1, 2002, and such county

  6  shall not be required to amend the original ordinance or

  7  resolutions imposing the tax. Any ordinance or resolutions

  8  levying such a tax adopted on or after July 1, 2002, shall

  9  specify that the rate of the tax is subject to adjustment as

10  provided in s. 206.41(1)(e)2.

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

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

13  exceed 30 years, and the applicable method of distribution

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

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

16  1, 1996, and which expire on August 31 of any year may be

17  reimposed effective September 1 of the year of expiration.

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

19  redetermination of the method of distribution is made as

20  provided in this section.

21         2.  County and municipal governments shall utilize

22  moneys received pursuant to this paragraph only for

23  transportation expenditures.

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

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

26  county. A redetermination of the method of distribution shall

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

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

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

30  tax.

31

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

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

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

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

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

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

  7  membership of the governing body of the county or by

  8  referendum. The rate of the local option fuel tax on motor

  9  fuel authorized by this paragraph shall be adjusted each

10  January 1 as provided in s. 206.41(1)(e)2. The rate of any

11  such tax being levied on that date shall be automatically

12  adjusted, and any such tax first levied during the following

13  calendar year shall be levied at the adjusted rate. Such

14  adjustment shall apply to any such tax being levied by a

15  county pursuant to an ordinance adopted prior to July 1, 2002,

16  and such county shall not be required to amend its original

17  ordinance imposing the tax. Any ordinance levying such a tax

18  adopted on or after July 1, 2002, shall specify that the rate

19  of the tax is subject to adjustment as provided in s.

20  206.41(1)(e)2.

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

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

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

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

25  1 of the year of expiration.

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

27  by interlocal agreement with one or more municipalities

28  located therein, representing a majority of the population of

29  the incorporated area within the county, a distribution

30  formula for dividing the entire proceeds of the tax among

31  county government and all eligible municipalities within the

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  1  county. If no interlocal agreement is adopted before the

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

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

  4  interlocal agreement exists, a new interlocal agreement may be

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

  6  subparagraph. However, any interlocal agreement agreed to

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

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

  9  no circumstances materially or adversely affect the rights of

10  holders of outstanding bonds which are backed by taxes

11  authorized by this paragraph, and the amounts distributed to

12  the county government and each municipality shall not be

13  reduced below the amount necessary for the payment of

14  principal and interest and reserves for principal and interest

15  as required under the covenants of any bond resolution

16  outstanding on the date of establishment of the new interlocal

17  agreement.

18         3.  County and municipal governments shall utilize

19  moneys received pursuant to this paragraph only for

20  transportation expenditures needed to meet the requirements of

21  the capital improvements element of an adopted comprehensive

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

23  construction of new roads, the reconstruction or resurfacing

24  of existing paved roads, or the paving of existing graded

25  roads shall be deemed to increase capacity and such projects

26  shall be included in the capital improvements element of an

27  adopted comprehensive plan. Expenditures for purposes of this

28  paragraph shall not include routine maintenance of roads.

29         (2)(a)  The tax levied pursuant to paragraph (1)(a)

30  shall be collected and remitted in the same manner provided by

31  ss. 206.41(1)(e) and 206.87(1)(c). The tax levied pursuant to

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  1  paragraph (1)(b) shall be collected and remitted in the same

  2  manner provided by s. 206.41(1)(e). The taxes remitted

  3  pursuant to this section shall be transferred to the Local

  4  Option Fuel Tax Trust Fund, which fund is created for

  5  distribution to the county and eligible municipal governments

  6  within the county in which the tax was collected and which

  7  fund is subject to the service charge imposed in chapter 215.

  8  The tax shall be distributed monthly by the department in the

  9  same manner provided by s. 336.021(1)(c) and (d). The

10  department shall deduct the administrative costs incurred by

11  it in collecting, administering, enforcing, and distributing

12  back to the counties the tax, which administrative costs may

13  not exceed 2 percent of collections authorized by this

14  section. The total administrative costs shall be prorated

15  among those counties levying the tax according to the

16  following formula, which shall be revised on July 1 of each

17  year:  Two-thirds of the amount deducted shall be based on the

18  county's proportional share of the number of dealers who are

19  registered for purposes of chapter 212 on June 30 of the

20  preceding state fiscal year, and one-third of the amount

21  deducted shall be based on the county's share of the total

22  amount of the tax collected during the preceding state fiscal

23  year. The department has the authority to prescribe and

24  publish all forms upon which reports shall be made to it and

25  other forms and records deemed to be necessary for proper

26  administration and collection of the taxes levied by any

27  county and shall promulgate such rules as may be necessary for

28  the enforcement of this section, which rules shall have the

29  full force and effect of law.  The provisions of ss. 206.026,

30  206.027, 206.028, 206.051, 206.052, 206.054, 206.055, 206.06,

31  206.07, 206.075, 206.08, 206.09, 206.095, 206.10, 206.11,

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  1  206.12, 206.13, 206.14, 206.15, 206.16, 206.17, 206.175,

  2  206.18, 206.199, 206.20, 206.204, 206.205, 206.21, 206.215,

  3  206.22, 206.24, 206.27, 206.28, 206.41, 206.416, 206.44,

  4  206.45, 206.48, 206.49, 206.56, 206.59, 206.626, 206.87,

  5  206.872, 206.873, 206.8735, 206.874, 206.8741, 206.94, and

  6  206.945 shall, as far as practicable, be applicable to the

  7  levy and collection of taxes imposed pursuant to this section

  8  as if fully set out in this section.

  9         Section 20.  This act shall take effect July 1, 2002.

10

11            *****************************************

12                          HOUSE SUMMARY

13
      Eliminates the deduction of administrative costs from the
14    proceeds of the fuel sales taxes and the State
      Comprehensive Enhanced Transportation System Taxes on
15    motor fuel and diesel fuel and the transfer of a portion
      of such proceeds to specified trust funds. Eliminates the
16    deduction of administrative costs from the proceeds of
      the local option fuel taxes on motor fuel and diesel
17    fuel. Provides that the increased revenues derived from
      the elimination of the deduction of administrative costs
18    shall be used to fund the County Incentive Grant Program.

19
      Provides that the 7 percent service charge for the cost
20    of general government and the additional 0.3 percent
      service charge shall not be deducted from specified fuel
21    tax trust funds and revenues, and provides that the
      increased revenues derived from the elimination of
22    deduction of such service charges shall be used to fund
      the County Incentive Grant Program or returned to local
23    government.

24
      Provides that a portion of the revenues from the
25    additional fee on certain motor vehicle registrations
      shall be used to fund the County Incentive Grant Program
26    rather than deposited in the General Revenue Fund.

27
      Provides that the rates of the ninth-cent fuel tax on
28    motor fuel and the local option fuel tax on motor fuel
      shall be adjusted annually based on the Consumer Price
29    Index.

30

31

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