HB 1813 2003
1	A bill to be entitled
2	An act relating to county and municipal taxes on motor
3	fuel; amending ss. 206.60 and 206.605, F.S.; including
4	bicycle paths and pedestrian pathways within authorized
5	uses of proceeds of county and municipal taxes on motor
6	fuel; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1. Paragraph (b) of subsection (1) and subsection
11	(4) of section 206.60, Florida Statutes, are amended to read:
12	206.60 County tax on motor fuel.--
13	(1) The proceeds of the county fuel tax imposed pursuant
14	to s. 206.41(1)(b) are appropriated for public transportation
15	purposes in the manner following:
16	(b)1. The Department of Revenue shall, from month to
17	month, distribute the amount allocated to each of the several
18	counties under paragraph (a) to the board of county
19	commissioners of the county, who shall use such funds solely for
20	the acquisition of rights-of-way; the construction,
21	reconstruction, operation, maintenance, and repair of
22	transportation facilities, roads, and bridges, bicycle paths,
23	and pedestrian pathwaystherein; or the reduction of bonded
24	indebtedness of such county or of special road and bridge
25	districts within such county, incurred for road and bridge or
26	other transportation purposes. In the event the powers and
27	duties relating to transportation facilities, roads, and
28	bridges, bicycle paths, and pedestrian pathwaysusually
29	exercised and performed by boards of county commissioners are
30	exercised and performed by some other or separate county board,
31	such board shall receive the proceeds, exercise the powers, and
32	perform the duties designated in this section to be done by the
33	boards of county commissioners.
34	2. The board of county commissioners of each county, or
35	any separate board or local agency exercising the powers and
36	performing the duties relating to transportation facilities,
37	roads, and bridges, bicycle paths, and pedestrian pathways
38	usually exercised and performed by the boards of county
39	commissioners, shall be assigned the full responsibility for the
40	maintenance of transportation facilities in the county and of
41	roads in the county road system.
42	3. Nothing in this paragraph as amended by chapter 71-212,
43	Laws of Florida, shall be construed to permit the expenditure of
44	public funds in such manner or for such projects as would
45	violate the State Constitution or the trust indenture of any
46	bond issue or which would cause the state to lose any federal
47	aid funds for highway or transportation purposes; and the
48	provisions of this paragraph shall be applied in a manner to
49	avoid such result.
50	(4) It is hereby expressly recognized and declared by the
51	Legislature that all public roads,and bridges, bicycle paths,
52	and pedestrian pathwaysbeing constructed or built or which will
53	be hereafter constructed or built, including the acquisition of
54	rights-of-way as incident thereto, either by the Department of
55	Transportation or the several counties of the state, were, are,
56	and will be constructed and built as general public projects and
57	undertakings and that the cost of the construction and building
58	thereof, including the acquisition of rights-of-way as incident
59	thereto, was, is, and will be legitimate, proper state expense
60	incurred for a general public and state purpose. And it is
61	expressly recognized and declared that the construction,
62	reconstruction, maintenance, and acquisition of rights-of-way of
63	all secondary roads are essential to the welfare of the state
64	and that such roads when constructed, reconstructed, or
65	maintained, or such rights-of-way when acquired, are and will be
66	for a general public and state purpose. And the Legislature has
67	found and hereby declares that for the proper and efficient
68	construction and maintenance of public highways designated state
69	roads, it is in the best interest of the state to further
70	integrate the activities of the Department of Transportation and
71	the several boards of county commissioners as provided in
72	subsection (1) in order that both state and local highway needs
73	may be adequately provided for.
74	Section 2. Subsection (2) of section 206.605, Florida
75	Statutes, is amended to read:
76	206.605 Municipal tax on motor fuel.--
77	(2) Funds available under this section shall be used only
78	for purchase of transportation facilities and road and street
79	rights-of-way;, construction, reconstruction, andmaintenance of
80	roads,and streets, bicycle paths, and pedestrian pathways; for
81	theadjustment of city-owned utilities as required by road and
82	street construction;, and theconstruction, reconstruction,
83	transportation-related public safety activities, maintenance,
84	and operation of transportation facilities. Municipalities are
85	authorized to expend the funds received under this section in
86	conjunction with other cities or counties or state or federal
87	government in joint projects.
88	Section 3. This act shall take effect upon becoming a law.