HOUSE AMENDMENT Bill No. HB 1813
1	CHAMBER ACTION
2	Senate House
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12	Representative Altman offered the following:
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14	Amendment (with title amendment)
15	Between lines 87 and 88, insert:
16	Section 3. Paragraph (b) of subsection (1) and subsections
17	(7) and (8) of section 336.025, Florida Statutes, are amended to
18	read:
19	336.025 County transportation system; levy of local option
20	fuel tax on motor fuel and diesel fuel.--
21	(1)
22	(b) In addition to other taxes allowed by law, there may
23	be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-
24	cent, 4-cent, or 5-cent local option fuel tax upon every gallon
25	of motor fuel sold in a county and taxed under the provisions of
26	part I of chapter 206. The tax shall be levied by an ordinance
27	adopted by a majority plus one vote of the membership of the
28	governing body of the county or by referendum.
29	1. All impositions and rate changes of the tax shall be
30	levied before July 1, to be effective January 1 of the following
31	year. However, levies of the tax which were in effect on July 1,
32	2002, and which expire on August 31 of any year may be reimposed
33	at the current authorized rate effective September 1 of the year
34	of expiration.
35	2. The county may, prior to levy of the tax, establish by
36	interlocal agreement with one or more municipalities located
37	therein, representing a majority of the population of the
38	incorporated area within the county, a distribution formula for
39	dividing the entire proceeds of the tax among county government
40	and all eligible municipalities within the county. If no
41	interlocal agreement is adopted before the effective date of the
42	tax, tax revenues shall be distributed pursuant to the
43	provisions of subsection (4). If no interlocal agreement
44	exists, a new interlocal agreement may be established prior to
45	June 1 of any year pursuant to this subparagraph. However, any
46	interlocal agreement agreed to under this subparagraph after the
47	initial levy of the tax or change in the tax rate authorized in
48	this section shall under no circumstances materially or
49	adversely affect the rights of holders of outstanding bonds
50	which are backed by taxes authorized by this paragraph, and the
51	amounts distributed to the county government and each
52	municipality shall not be reduced below the amount necessary for
53	the payment of principal and interest and reserves for principal
54	and interest as required under the covenants of any bond
55	resolution outstanding on the date of establishment of the new
56	interlocal agreement.
57	3. County and municipal governments shall useutilize
58	moneys received pursuant to this paragraph onlyfor
59	transportation expenditures needed to meet the requirements of
60	the capital improvements element of an adopted comprehensive
61	plan or for expenditures needed to meet immediate local
62	transportation problems and for other transportation-related
63	expenditures that are critical for building comprehensive
64	roadway networks by local governments. For purposes of this
65	paragraph, expenditures for the construction of new roads, the
66	reconstruction or resurfacing of existing paved roads, or the
67	paving of existing graded roads shall be deemed to increase
68	capacity and such projects shall be included in the capital
69	improvements element of an adopted comprehensive plan.
70	Expenditures for purposes of this paragraph shall not include
71	routine maintenance of roads.
72	(7) For the purposes of this section, "transportation
73	expenditures" means expenditures by the local government from
74	local or state shared revenue sources, excluding expenditures of
75	bond proceeds, for the following programs:
76	(a) Public transportation operations and maintenance.
77	(b) Roadway and right-of-way maintenance and equipment and
78	structures used primarily for the storage and maintenance of
79	such equipment.
80	(c) Roadway and right-of-way drainage.
81	(d) Street lighting.
82	(e) Traffic signs, traffic engineering, signalization, and
83	pavement markings.
84	(f) Bridge maintenance and operation.
85	(g) Debt service and current expenditures for
86	transportation capital projects in the foregoing program areas,
87	including construction or reconstruction of roads and sidewalks.
88	(8) In addition to the uses specified in subsection (7),
89	the governing body of a county with a population of 50,000 or
90	less on April 1, 1992, or the governing body of a municipality
91	within such a countymay use the proceeds of the tax levied
92	pursuant to paragraph (1)(a) in any fiscal year to fund
93	infrastructure projects, if such projects are consistent with
94	the local government's approved comprehensive plan or, if the
95	approval or denial of the plan has not become final, consistent
96	with the plan last submitted to the state land planning agency.
97	In addition, no more than an amount equal to the proceeds from 4
98	cents per gallon of the tax imposed pursuant to paragraph (1)(a)
99	may be used by such county for the express and limited purpose
100	of paying for a court-ordered refund of special assessments.
101	Except as provided in subsection (7), such funds shall not be
102	used for the operational expenses of any infrastructure. Such
103	funds may be used for infrastructure projects under this
104	subsection only after the local government, prior to the fiscal
105	year in which the funds are proposed to be used, or if pledged
106	for bonded indebtedness, prior to the fiscal year in which the
107	bonds will be issued, has held a duly noticed public hearing on
108	the proposed use of the funds and has adopted a resolution
109	certifying that the local government has met all of the
110	transportation needs identified in its approved comprehensive
111	plan or, if the approval or denial of the plan has not become
112	final, consistent with the plan last submitted to the state land
113	planning agency. The proceeds shall not be pledged for bonded
114	indebtedness for a period exceeding 10 years, except that, for
115	the express and limited purpose of using such proceeds in any
116	fiscal year to pay a court-ordered refund of special
117	assessments, the proceeds may be pledged for bonded indebtedness
118	not exceeding 15 years. For the purposes of this subsection,
119	"infrastructure" has the same meaning as provided in s. 212.055.
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121	================= T I T L E A M E N D M E N T =================
122	Remove line(s) 6, and insert:
123	fuel; amending s. 336.025, F.S.; expanding the uses of proceeds
124	from local option fuel taxes on motor fuel and diesel fuel;
125	authorizing certain municipalities to expend a certain gas tax;