| 1 | A bill to be entitled |
| 2 | An act relating to fuel tax proceeds; amending s. 206.41, |
| 3 | F.S.; providing for adjusting the ninth-cent fuel tax rate |
| 4 | and the local option fuel tax rate by county ordinance; |
| 5 | providing adjustment criteria; providing for effect of |
| 6 | adjustments; requiring a county to provide a copy of the |
| 7 | ordinance to the Department of Revenue; requiring the |
| 8 | department to notify certain persons of any adjustment; |
| 9 | applying such adjustments to the State Comprehensive |
| 10 | Enhanced Transportation System Tax; amending ss. 206.606 |
| 11 | and 206.608, F.S.; deleting provisions deducting certain |
| 12 | service charges and administrative costs from certain |
| 13 | moneys deposited into the Fuel Tax Collection Trust Fund; |
| 14 | amending ss. 206.875, 206.9845, 206.9945, and 212.0501, |
| 15 | F.S.; deleting a provision deducting certain service |
| 16 | charges from certain moneys deposited into the Fuel Tax |
| 17 | Collection Trust Fund; amending s. 206.879, F.S.; deleting |
| 18 | a provision deducting certain service charges from certain |
| 19 | moneys deposited into the State Alternative Fuel User Fee |
| 20 | Clearing Trust Fund and the Local Alternative Fuel User |
| 21 | Fee Clearing Trust Fund; amending s. 215.22, F.S.; |
| 22 | exempting certain additional taxes and trust funds from |
| 23 | required appropriations of a service charge to the General |
| 24 | Revenue Fund; amending s. 320.072, F.S.; specifying a |
| 25 | percentage of certain moneys deposited into the State |
| 26 | Transportation Trust Fund to be used to fund the County |
| 27 | Incentive Grant Program; amending ss. 336.021 and 336.025, |
| 28 | F.S.; requiring adjustment of certain fuel taxes to |
| 29 | conform; deleting provisions deducting certain service |
| 30 | charges and administrative costs from certain moneys |
| 31 | deposited into the Local Option Fuel Tax Trust Fund; |
| 32 | defining the term "transportation expenditures"; |
| 33 | authorizing additional uses of tax proceeds to fund |
| 34 | infrastructure projects and pay court-ordered refund of |
| 35 | special assessments under certain circumstances; providing |
| 36 | limitations; specifying uses of certain revenues derived |
| 37 | from elimination of the deduction of administrative costs |
| 38 | on certain taxes and from elimination of the deduction of |
| 39 | service charges imposed on certain taxes and trust funds; |
| 40 | providing application; providing an effective date. |
| 41 |
|
| 42 | Be It Enacted by the Legislature of the State of Florida: |
| 43 |
|
| 44 | Section 1. Paragraphs (d), (e), and (f) of subsection (1) |
| 45 | of section 206.41, Florida Statutes, are amended to read: |
| 46 | 206.41 State taxes imposed on motor fuel.-- |
| 47 | (1) The following taxes are imposed on motor fuel under |
| 48 | the circumstances described in subsection (6): |
| 49 | (d)1. An additional tax of 1 cent per net gallon may be |
| 50 | imposed by each county on motor fuel, which shall be designated |
| 51 | as the "ninth-cent fuel tax." This tax shall be levied and used |
| 52 | as provided in s. 336.021. |
| 53 | 2. Beginning January 1, 2006, and on January 1 of each |
| 54 | year thereafter, each county may provide by ordinance that the |
| 55 | tax rate set forth in subparagraph 1. be adjusted by the |
| 56 | percentage change in the average of the Consumer Price Index |
| 57 | issued by the United States Department of Labor for the most |
| 58 | recent 12-month period ending September 30 and rounded to the |
| 59 | nearest tenth of a cent, as determined by the Department of |
| 60 | Revenue. However, the tax rate may not be less than 1 cent per |
| 61 | gallon. |
| 62 | 3. All impositions and rate changes of the tax shall be |
| 63 | levied before July 1 to be effective January 1 of the following |
| 64 | year. |
| 65 | 4. A certified copy of the ordinance that authorizes the |
| 66 | indexing of the tax authorized by subparagraph 2. must be |
| 67 | furnished by the county to the Department of Revenue within 10 |
| 68 | days after the adoption of the ordinance indexing the tax. |
| 69 | 5. The department shall notify each terminal supplier, |
| 70 | position holder, wholesaler, and importer of the tax rate |
| 71 | applicable under this paragraph for the 12-month period |
| 72 | beginning January 1. |
| 73 | (e)1. An additional tax of between 1 cent and 11 cents per |
| 74 | net gallon may be imposed on motor fuel by each county, which |
| 75 | shall be designated as the "local option fuel tax." This tax |
| 76 | shall be levied and used as provided in s. 336.025. |
| 77 | 2. Beginning January 1, 2006, and on January 1 of each |
| 78 | year thereafter, counties may provide by ordinance that the tax |
| 79 | rate set forth in s. 336.025(1)(a) and (b) be adjusted by the |
| 80 | percentage change in the average of the Consumer Price Index |
| 81 | issued by the United States Department of Labor for the most |
| 82 | recent 12-month period ending September 30 and rounded to the |
| 83 | nearest tenth of a cent, as determined by the Department of |
| 84 | Revenue. However, the tax rate may not be less than the rate per |
| 85 | gallon levied pursuant to subparagraph 1. |
| 86 | 3. All impositions and rate changes of the tax shall be |
| 87 | levied before July 1 to be effective January 1 of the following |
| 88 | year. |
| 89 | 4. A certified copy of the ordinance that authorizes the |
| 90 | indexing of the tax authorized by subparagraph 2. must be |
| 91 | furnished by the county to the Department of Revenue within 10 |
| 92 | days after the adoption of the ordinance indexing the tax. |
| 93 | 5. The department shall notify each terminal supplier, |
| 94 | position holder, wholesaler, and importer of the tax rate |
| 95 | applicable under this paragraph for the 12-month period |
| 96 | beginning January 1. |
| 97 | (f)1. An additional tax designated as the State |
| 98 | Comprehensive Enhanced Transportation System Tax is imposed on |
| 99 | each net gallon of motor fuel in each county. This tax shall be |
| 100 | levied and used as provided in s. 206.608. |
| 101 | 2. The rate of the tax in each county shall be equal to |
| 102 | two-thirds of the lesser of the sum of the taxes imposed on |
| 103 | motor fuel pursuant to paragraphs (d) and (e) in such county, |
| 104 | after the adjustments made pursuant to subparagraphs (d)2. and |
| 105 | (e)2., or 6 cents, rounded to the nearest tenth of a cent. |
| 106 | 3. Beginning January 1, 1992, and on January 1 of each |
| 107 | year thereafter, the tax rate provided in subparagraph 2. shall |
| 108 | be adjusted by the percentage change in the average of the |
| 109 | Consumer Price Index issued by the United States Department of |
| 110 | Labor for the most recent 12-month period ending September 30, |
| 111 | compared to the base year average, which is the average for the |
| 112 | 12-month period ending September 30, 1990, and rounded to the |
| 113 | nearest tenth of a cent. |
| 114 | 4. The department shall notify each terminal supplier, |
| 115 | position holder, wholesaler, and importer of the tax rate |
| 116 | applicable under this paragraph for the 12-month period |
| 117 | beginning January 1. |
| 118 | Section 2. Subsection (1) of section 206.606, Florida |
| 119 | Statutes, is amended to read: |
| 120 | 206.606 Distribution of certain proceeds.-- |
| 121 | (1) Moneys collected pursuant to ss. 206.41(1)(g) and |
| 122 | 206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust |
| 123 | Fund. Such moneys, after deducting the service charges imposed |
| 124 | by s. 215.20, the refunds granted pursuant to s. 206.41, and the |
| 125 | administrative costs incurred by the department in collecting, |
| 126 | administering, enforcing, and distributing the tax, which |
| 127 | administrative costs may not exceed 2 percent of collections, |
| 128 | shall be distributed monthly to the State Transportation Trust |
| 129 | Fund, except that: |
| 130 | (a) $6.30 million shall be transferred to the Department |
| 131 | of Environmental Protection in each fiscal year and deposited in |
| 132 | the Invasive Plant Control Trust Fund to be used for aquatic |
| 133 | plant management, including nonchemical control of aquatic |
| 134 | weeds, research into nonchemical controls, and enforcement |
| 135 | activities. Beginning in fiscal year 1993-1994, the department |
| 136 | shall allocate at least $1 million of such funds to the |
| 137 | eradication of melaleuca. |
| 138 | (b) $2.5 million shall be transferred to the State Game |
| 139 | Trust Fund in the Fish and Wildlife Conservation Commission in |
| 140 | each fiscal year and used for recreational boating activities, |
| 141 | and freshwater fisheries management and research. The transfers |
| 142 | must be made in equal monthly amounts beginning on July 1 of |
| 143 | each fiscal year. The commission shall annually determine where |
| 144 | unmet needs exist for boating-related activities, and may fund |
| 145 | such activities in counties where, due to the number of vessel |
| 146 | registrations, sufficient financial resources are unavailable. |
| 147 | 1. A minimum of $1.25 million shall be used to fund local |
| 148 | projects to provide recreational channel marking, public |
| 149 | launching facilities, aquatic plant control, and other local |
| 150 | boating related activities. In funding the projects, the |
| 151 | commission shall give priority consideration as follows: |
| 152 | a. Unmet needs in counties with populations of 100,000 or |
| 153 | less. |
| 154 | b. Unmet needs in coastal counties with a high level of |
| 155 | boating related activities from individuals residing in other |
| 156 | counties. |
| 157 | 2. The remaining $1.25 million may be used for |
| 158 | recreational boating activities and freshwater fisheries |
| 159 | management and research. |
| 160 | 3. The commission is authorized to adopt rules pursuant to |
| 161 | ss. 120.536(1) and 120.54 to implement a Florida Boating |
| 162 | Improvement Program similar to the program administered by the |
| 163 | Department of Environmental Protection and established in rules |
| 164 | 62D-5.031 - 62D-5.036, Florida Administrative Code, to determine |
| 165 | projects eligible for funding under this subsection. |
| 166 |
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| 167 | On February 1 of each year, the commission shall file an annual |
| 168 | report with the President of the Senate and the Speaker of the |
| 169 | House of Representatives outlining the status of its Florida |
| 170 | Boating Improvement Program, including the projects funded, and |
| 171 | a list of counties whose needs are unmet due to insufficient |
| 172 | financial resources from vessel registration fees. |
| 173 | (c) 0.65 percent of moneys collected pursuant to s. |
| 174 | 206.41(1)(g) shall be transferred to the Agricultural Emergency |
| 175 | Eradication Trust Fund. |
| 176 | (d) A portion of the moneys attributable to the sale of |
| 177 | motor and diesel fuel at marinas shall be transferred from the |
| 178 | Fuel Tax Collection Trust Fund to the Marine Resources |
| 179 | Conservation Trust Fund in the Fish and Wildlife Conservation |
| 180 | Commission as follows: |
| 181 | 1. $2.5 million in fiscal year 2003-2004; |
| 182 | 2. $5.0 million in fiscal year 2004-2005; |
| 183 | 3. $8.5 million in fiscal year 2005-2006; |
| 184 | 4. $10.9 million in fiscal year 2006-2007; and |
| 185 | 5. $13.4 million in fiscal year 2007-2008 and each fiscal |
| 186 | year thereafter. |
| 187 | Section 3. Section 206.608, Florida Statutes, is amended |
| 188 | to read: |
| 189 | 206.608 State Comprehensive Enhanced Transportation System |
| 190 | Tax; deposit of proceeds; distribution.--Moneys received |
| 191 | pursuant to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited |
| 192 | in the Fuel Tax Collection Trust Fund, and, after deducting the |
| 193 | service charge imposed in chapter 215 and administrative costs |
| 194 | incurred by the department in collecting, administering, |
| 195 | enforcing, and distributing the tax, which administrative costs |
| 196 | may not exceed 2 percent of collections, shall be distributed as |
| 197 | follows: |
| 198 | (1) 0.65 percent of the proceeds of the tax levied |
| 199 | pursuant to s. 206.41(1)(f) shall be transferred to the |
| 200 | Agricultural Emergency Eradication Trust Fund. |
| 201 | (2) The remaining proceeds of the tax levied pursuant to |
| 202 | s. 206.41(1)(f) and all of the proceeds from the tax imposed by |
| 203 | s. 206.87(1)(d) shall be transferred into the State |
| 204 | Transportation Trust Fund, and may be used only for projects in |
| 205 | the adopted work program in the district in which the tax |
| 206 | proceeds are collected and, to the maximum extent feasible, such |
| 207 | moneys shall be programmed for use in the county where |
| 208 | collected. However, no revenue from the taxes imposed pursuant |
| 209 | to ss. 206.41(1)(f) and 206.87(1)(d) in a county shall be |
| 210 | expended unless the projects funded with such revenues have been |
| 211 | included in the work program adopted pursuant to s. 339.135. |
| 212 | Section 4. Subsection (1) of section 206.875, Florida |
| 213 | Statutes, is amended to read: |
| 214 | 206.875 Allocation of tax.-- |
| 215 | (1) All moneys derived from the taxes imposed by this part |
| 216 | shall be paid into the State Treasury by the department for |
| 217 | deposit in the Fuel Tax Collection Trust Fund, from which the |
| 218 | following transfers shall be made: After withholding $10,000 |
| 219 | from the proceeds of 4 cents of such tax, to be used as a |
| 220 | revolving cash balance, all other moneys shall be transferred in |
| 221 | the same manner and for the same purpose as provided by law for |
| 222 | allocation of the taxes levied in part I, including deduction of |
| 223 | the service charges provided for in s. 215.20 and the |
| 224 | administrative costs incurred by the department in collecting, |
| 225 | administering, enforcing, and distributing the tax, which |
| 226 | administrative costs may not exceed 2 percent of collections. |
| 227 | Section 5. Section 206.879, Florida Statutes, is amended |
| 228 | to read: |
| 229 | 206.879 State and local alternative fuel user fee clearing |
| 230 | trust funds; distribution.-- |
| 231 | (1) Notwithstanding the provisions of s. 206.875, the |
| 232 | revenues from the state alternative fuel fees imposed by s. |
| 233 | 206.877 shall be deposited into the State Alternative Fuel User |
| 234 | Fee Clearing Trust Fund, which is hereby created. After |
| 235 | deducting the service charges provided in s. 215.20, The |
| 236 | proceeds in this trust fund shall be distributed as follows: |
| 237 | one-fifth of the proceeds in calendar year 1991, one-third of |
| 238 | the proceeds in calendar year 1992, three-sevenths of the |
| 239 | proceeds in calendar year 1993, and one-half of the proceeds in |
| 240 | each calendar year thereafter shall be transferred to the State |
| 241 | Transportation Trust Fund; the remainder shall be distributed as |
| 242 | follows: 50 percent shall be transferred to the State Board of |
| 243 | Administration for distribution according to the provisions of |
| 244 | s. 16, Art. IX of the State Constitution of 1885, as amended; 25 |
| 245 | percent shall be transferred to the Revenue Sharing Trust Fund |
| 246 | for Municipalities; and the remaining 25 percent shall be |
| 247 | distributed using the formula contained in s. 206.60(1). |
| 248 | (2) Notwithstanding the provisions of s. 206.875, the |
| 249 | revenues from the local alternative fuel fees imposed in lieu of |
| 250 | s. 206.87(1)(b) or (c) shall be deposited into the Local |
| 251 | Alternative Fuel User Fee Clearing Trust Fund, which is hereby |
| 252 | created. After deducting the service charges provided in s. |
| 253 | 215.20, The proceeds in this trust fund shall be returned |
| 254 | monthly to the appropriate county. |
| 255 | Section 6. Section 206.9845, Florida Statutes, is amended |
| 256 | to read: |
| 257 | 206.9845 Distribution of proceeds.--Moneys collected |
| 258 | pursuant to this part shall be deposited in the Fuel Tax |
| 259 | Collection Trust Fund. Such moneys, after deducting the service |
| 260 | charges imposed by s. 215.20, the refunds granted pursuant to s. |
| 261 | 206.9855, and the administrative costs incurred by the |
| 262 | department in collecting, administering, enforcing, and |
| 263 | distributing the tax, which administrative costs may not exceed |
| 264 | 2 percent of collections, shall be distributed monthly to the |
| 265 | State Transportation Trust Fund. |
| 266 | Section 7. Subsection (1) of section 206.9945, Florida |
| 267 | Statutes, is amended to read: |
| 268 | 206.9945 Funds collected; disposition; department |
| 269 | authority.-- |
| 270 | (1) The department shall deposit all funds received and |
| 271 | collected by it under this part into the Fuel Tax Collection |
| 272 | Trust Fund to be transferred, less the costs of administration |
| 273 | and less the service charges to be deducted pursuant to s. |
| 274 | 215.20, as follows: |
| 275 | (a) Moneys collected pursuant to s. 206.9935(1) shall be |
| 276 | transferred to the Florida Coastal Protection Trust Fund as |
| 277 | provided in s. 376.11; |
| 278 | (b) Moneys collected pursuant to s. 206.9935(2) shall be |
| 279 | transferred to the Water Quality Assurance Trust Fund as |
| 280 | provided in s. 376.307; and |
| 281 | (c) Moneys collected pursuant to s. 206.9935(3), less any |
| 282 | refunds granted under s. 206.9942, shall be transferred to the |
| 283 | Inland Protection Trust Fund as provided in s. 376.3071. |
| 284 | Section 8. Subsection (6) of section 212.0501, Florida |
| 285 | Statutes, is amended to read: |
| 286 | 212.0501 Tax on diesel fuel for business purposes; |
| 287 | purchase, storage, and use.-- |
| 288 | (6) All taxes required to be paid on fuel used in |
| 289 | self-propelled off-road equipment shall be deposited in the Fuel |
| 290 | Tax Collection Trust Fund, to be distributed, after deduction of |
| 291 | the general revenue service charge pursuant to s. 215.20, to the |
| 292 | State Transportation Trust Fund. The department shall, each |
| 293 | month, make a transfer, from general revenue collections, equal |
| 294 | to such use tax reported on dealers' sales and use tax returns. |
| 295 | Section 9. Paragraphs (v), (w), (x), (y), and (z) are |
| 296 | added to subsection (1) of section 215.22, Florida Statutes, to |
| 297 | read: |
| 298 | 215.22 Certain income and certain trust funds exempt.-- |
| 299 | (1) The following income of a revenue nature or the |
| 300 | following trust funds shall be exempt from the appropriation |
| 301 | required by s. 215.20(1): |
| 302 | (v) The Fuel Tax Collection Trust Fund created by s. |
| 303 | 206.875. |
| 304 | (w) All taxes levied on motor fuels other than gasoline |
| 305 | levied pursuant to the provisions of s. 206.87(1)(a). |
| 306 | (x) The State Alternative Fuel User Fee Clearing Trust |
| 307 | Fund established pursuant to s. 206.879(1). |
| 308 | (y) The Local Alternative Fuel User Fee Clearing Trust |
| 309 | Fund established pursuant to s. 206.879(2). |
| 310 | (z) The Local Option Fuel Tax Trust Fund created pursuant |
| 311 | to s. 336.025. |
| 312 | Section 10. Subsection (4) of section 320.072, Florida |
| 313 | Statutes, as amended by section 10 of chapter 2000-257, Laws of |
| 314 | Florida, is amended to read: |
| 315 | 320.072 Additional fee imposed on certain motor vehicle |
| 316 | registration transactions.-- |
| 317 | (4) A tax collector or other duly authorized agent of the |
| 318 | department shall promptly remit all moneys collected pursuant to |
| 319 | this section, less any refunds granted pursuant to subsection |
| 320 | (3), to the department to be deposited into the State |
| 321 | Transportation Trust Fund. Thirty percent of such moneys shall |
| 322 | be used to fund the County Incentive Grant Program provided for |
| 323 | under s. 339.2817. |
| 324 | Section 11. Paragraph (a) of subsection (1) of section |
| 325 | 336.021, Florida Statutes, is amended to read: |
| 326 | 336.021 County transportation system; levy of ninth-cent |
| 327 | fuel tax on motor fuel and diesel fuel.-- |
| 328 | (1)(a)1. Any county in the state, by extraordinary vote of |
| 329 | the membership of its governing body or subject to a referendum, |
| 330 | may levy the tax imposed by ss. 206.41(1)(d) and 206.87(1)(b). |
| 331 | 2. The rate of the ninth-cent fuel tax on motor fuel shall |
| 332 | be adjusted each January 1 as provided in s. 206.41(1)(d)2. The |
| 333 | rate of any such tax being levied on that date shall be |
| 334 | automatically adjusted. Any ordinance levying such a tax adopted |
| 335 | on or after July 1, 2005, shall specify that the rate of the tax |
| 336 | is subject to adjustment as provided in s. 206.41(1)(d)2. |
| 337 | 3. County and municipal governments may use the moneys |
| 338 | received under this paragraph only for transportation |
| 339 | expenditures as defined in s. 336.025(7). |
| 340 | Section 12. Paragraphs (a) and (b) of subsection (1) and |
| 341 | paragraph (a) of subsection (2) of section 336.025, Florida |
| 342 | Statutes, are amended, and subsections (10) and (11) are added |
| 343 | to said section, to read: |
| 344 | 336.025 County transportation system; levy of local option |
| 345 | fuel tax on motor fuel and diesel fuel.-- |
| 346 | (1)(a) In addition to other taxes allowed by law, there |
| 347 | may be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c) a |
| 348 | 1-cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option |
| 349 | fuel tax upon every gallon of motor fuel and diesel fuel sold in |
| 350 | a county and taxed under the provisions of part I or part II of |
| 351 | chapter 206. The rates of the local option fuel tax on motor |
| 352 | fuel authorized by this paragraph shall be adjusted each January |
| 353 | 1 as provided in s. 206.41(1)(e)2. The rate of any such tax |
| 354 | being levied on that date shall be automatically adjusted. Any |
| 355 | ordinance or resolutions levying such a tax adopted on or after |
| 356 | July 1, 2005, shall specify that the rate of the tax is subject |
| 357 | to adjustment as provided in s. 206.41(1)(e)2. |
| 358 | 1. All impositions and rate changes of the tax shall be |
| 359 | levied before July 1 to be effective January 1 of the following |
| 360 | year for a period not to exceed 30 years, and the applicable |
| 361 | method of distribution shall be established pursuant to |
| 362 | subsection (3) or subsection (4). However, levies of the tax |
| 363 | which were in effect on July 1, 2002, and which expire on August |
| 364 | 31 of any year may be reimposed at the current authorized rate |
| 365 | effective September 1 of the year of expiration. Upon |
| 366 | expiration, the tax may be relevied provided that a |
| 367 | redetermination of the method of distribution is made as |
| 368 | provided in this section. |
| 369 | 2. County and municipal governments shall utilize moneys |
| 370 | received pursuant to this paragraph only for transportation |
| 371 | expenditures. |
| 372 | 3. Any tax levied pursuant to this paragraph may be |
| 373 | extended on a majority vote of the governing body of the county. |
| 374 | A redetermination of the method of distribution shall be |
| 375 | established pursuant to subsection (3) or subsection (4), if, |
| 376 | after July 1, 1986, the tax is extended or the tax rate changed, |
| 377 | for the period of extension or for the additional tax. |
| 378 | (b) In addition to other taxes allowed by law, there may |
| 379 | be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3- |
| 380 | cent, 4-cent, or 5-cent local option fuel tax upon every gallon |
| 381 | of motor fuel sold in a county and taxed under the provisions of |
| 382 | part I of chapter 206. The tax shall be levied by an ordinance |
| 383 | adopted by a majority plus one vote of the membership of the |
| 384 | governing body of the county or by referendum. The rate of the |
| 385 | local option fuel tax on motor fuel authorized by this paragraph |
| 386 | shall be adjusted each January 1 as provided in s. |
| 387 | 206.41(1)(e)2. The rate of any such tax being levied on that |
| 388 | date shall be automatically adjusted. Any ordinance levying such |
| 389 | a tax adopted on or after July 1, 2005, shall specify that the |
| 390 | rate of the tax is subject to adjustment as provided in s. |
| 391 | 206.41(1)(e)2. |
| 392 | 1. All impositions and rate changes of the tax shall be |
| 393 | levied before July 1, to be effective January 1 of the following |
| 394 | year. However, levies of the tax which were in effect on July 1, |
| 395 | 2002, and which expire on August 31 of any year may be reimposed |
| 396 | at the current authorized rate effective September 1 of the year |
| 397 | of expiration. |
| 398 | 2. The county may, prior to levy of the tax, establish by |
| 399 | interlocal agreement with one or more municipalities located |
| 400 | therein, representing a majority of the population of the |
| 401 | incorporated area within the county, a distribution formula for |
| 402 | dividing the entire proceeds of the tax among county government |
| 403 | and all eligible municipalities within the county. If no |
| 404 | interlocal agreement is adopted before the effective date of the |
| 405 | tax, tax revenues shall be distributed pursuant to the |
| 406 | provisions of subsection (4). If no interlocal agreement exists, |
| 407 | a new interlocal agreement may be established prior to June 1 of |
| 408 | any year pursuant to this subparagraph. However, any interlocal |
| 409 | agreement agreed to under this subparagraph after the initial |
| 410 | levy of the tax or change in the tax rate authorized in this |
| 411 | section shall under no circumstances materially or adversely |
| 412 | affect the rights of holders of outstanding bonds which are |
| 413 | backed by taxes authorized by this paragraph, and the amounts |
| 414 | distributed to the county government and each municipality shall |
| 415 | not be reduced below the amount necessary for the payment of |
| 416 | principal and interest and reserves for principal and interest |
| 417 | as required under the covenants of any bond resolution |
| 418 | outstanding on the date of establishment of the new interlocal |
| 419 | agreement. |
| 420 | 3. County and municipal governments shall use moneys |
| 421 | received pursuant to this paragraph for transportation |
| 422 | expenditures needed to meet the requirements of the capital |
| 423 | improvements element of an adopted comprehensive plan or for |
| 424 | expenditures needed to meet immediate local transportation |
| 425 | problems and for other transportation-related expenditures that |
| 426 | are critical for building comprehensive roadway networks by |
| 427 | local governments. For purposes of this paragraph, expenditures |
| 428 | for the construction of new roads, the reconstruction or |
| 429 | resurfacing of existing paved roads, or the paving of existing |
| 430 | graded roads shall be deemed to increase capacity and such |
| 431 | projects shall be included in the capital improvements element |
| 432 | of an adopted comprehensive plan. Expenditures for purposes of |
| 433 | this paragraph shall not include routine maintenance of roads. |
| 434 | (2)(a) The tax levied pursuant to paragraph (1)(a) shall |
| 435 | be collected and remitted in the same manner provided by ss. |
| 436 | 206.41(1)(e) and 206.87(1)(c). The tax levied pursuant to |
| 437 | paragraph (1)(b) shall be collected and remitted in the same |
| 438 | manner provided by s. 206.41(1)(e). The taxes remitted pursuant |
| 439 | to this section shall be transferred to the Local Option Fuel |
| 440 | Tax Trust Fund, which fund is created for distribution to the |
| 441 | county and eligible municipal governments within the county in |
| 442 | which the tax was collected and which fund is subject to the |
| 443 | service charge imposed in chapter 215. The tax shall be |
| 444 | distributed monthly by the department in the same manner |
| 445 | provided by s. 336.021(1)(c) and (d). The department shall |
| 446 | deduct the administrative costs incurred by it in collecting, |
| 447 | administering, enforcing, and distributing back to the counties |
| 448 | the tax, which administrative costs may not exceed 2 percent of |
| 449 | collections authorized by this section. The total administrative |
| 450 | costs shall be prorated among those counties levying the tax |
| 451 | according to the following formula, which shall be revised on |
| 452 | July 1 of each year: Two-thirds of the amount deducted shall be |
| 453 | based on the county's proportional share of the number of |
| 454 | dealers who are registered for purposes of chapter 212 on June |
| 455 | 30 of the preceding state fiscal year, and one-third of the |
| 456 | amount deducted shall be based on the county's share of the |
| 457 | total amount of the tax collected during the preceding state |
| 458 | fiscal year. The department has the authority to prescribe and |
| 459 | publish all forms upon which reports shall be made to it and |
| 460 | other forms and records deemed to be necessary for proper |
| 461 | administration and collection of the taxes levied by any county |
| 462 | and shall promulgate such rules as may be necessary for the |
| 463 | enforcement of this section, which rules shall have the full |
| 464 | force and effect of law. The provisions of ss. 206.026, 206.027, |
| 465 | 206.028, 206.051, 206.052, 206.054, 206.055, 206.06, 206.07, |
| 466 | 206.075, 206.08, 206.09, 206.095, 206.10, 206.11, 206.12, |
| 467 | 206.13, 206.14, 206.15, 206.16, 206.17, 206.175, 206.18, |
| 468 | 206.199, 206.20, 206.204, 206.205, 206.21, 206.215, 206.22, |
| 469 | 206.24, 206.27, 206.28, 206.41, 206.416, 206.44, 206.45, 206.48, |
| 470 | 206.49, 206.56, 206.59, 206.626, 206.87, 206.872, 206.873, |
| 471 | 206.8735, 206.874, 206.8741, 206.94, and 206.945 shall, as far |
| 472 | as practicable, be applicable to the levy and collection of |
| 473 | taxes imposed pursuant to this section as if fully set out in |
| 474 | this section. |
| 475 | (10) For the purposes of this section, the term |
| 476 | "transportation expenditures" means expenditures by the local |
| 477 | government from local or state shared revenue sources, excluding |
| 478 | expenditures of bond proceeds, for the following programs: |
| 479 | (a) Public transportation operations and maintenance. |
| 480 | (b) Roadway and right-of-way maintenance and equipment and |
| 481 | structures used primarily for the storage and maintenance of |
| 482 | such equipment. |
| 483 | (c) Roadway and right-of-way drainage. |
| 484 | (d) Street lighting. |
| 485 | (e) Traffic signs, traffic engineering, signalization, and |
| 486 | pavement markings. |
| 487 | (f) Bridge maintenance and operation. |
| 488 | (g) Debt service and current expenditures for |
| 489 | transportation capital projects in the foregoing program areas, |
| 490 | including construction or reconstruction of roads and sidewalks. |
| 491 | (11) In addition to the uses specified in subsection (7), |
| 492 | the governing body of a county with a population of 50,000 or |
| 493 | less on April 1, 1992, or the governing body of a municipality |
| 494 | within such a county, may use the proceeds of the tax levied |
| 495 | pursuant to paragraph (1)(a) in any fiscal year to fund |
| 496 | infrastructure projects, if such projects are consistent with |
| 497 | the local government's approved comprehensive plan or, if the |
| 498 | approval or denial of the plan has not become final, consistent |
| 499 | with the plan last submitted to the state land planning agency. |
| 500 | In addition, no more than an amount equal to the proceeds from 4 |
| 501 | cents per gallon of the tax imposed pursuant to paragraph (1)(a) |
| 502 | may be used by such county for the express and limited purpose |
| 503 | of paying for a court-ordered refund of special assessments. |
| 504 | Except as provided in subsection (7), such funds shall not be |
| 505 | used for the operational expenses of any infrastructure. Such |
| 506 | funds may be used for infrastructure projects under this |
| 507 | subsection only after the local government, prior to the fiscal |
| 508 | year in which the funds are proposed to be used, or if pledged |
| 509 | for bonded indebtedness, prior to the fiscal year in which the |
| 510 | bonds will be issued, has held a duly noticed public hearing on |
| 511 | the proposed use of the funds and has adopted a resolution |
| 512 | certifying that the local government has met all of the |
| 513 | transportation needs identified in its approved comprehensive |
| 514 | plan or, if the approval or denial of the plan has not become |
| 515 | final, consistent with the plan last submitted to the state land |
| 516 | planning agency. The proceeds shall not be pledged for bonded |
| 517 | indebtedness for a period exceeding 10 years, except for the |
| 518 | express and limited purpose of using such proceeds in any fiscal |
| 519 | year to pay a court-ordered refund of special assessments. The |
| 520 | proceeds may be pledged for bonded indebtedness not exceeding 15 |
| 521 | years. For the purposes of this subsection, the term |
| 522 | "infrastructure" has the same meaning as provided in s. 212.055. |
| 523 | Section 13. Use of revenues derived from elimination of |
| 524 | deduction of administrative costs on certain taxes.--Beginning |
| 525 | July 1, 2005, the increased revenues derived from the |
| 526 | elimination of the deduction of administrative costs from the |
| 527 | proceeds of the fuel sales taxes on motor fuel and diesel fuel |
| 528 | under s. 206.606, Florida Statutes, the State Comprehensive |
| 529 | Enhanced Transportation System Tax under s. 206.608, Florida |
| 530 | Statutes, and the local option fuel taxes on motor fuel and |
| 531 | diesel fuel under s. 336.025, Florida Statutes, shall be |
| 532 | deposited into the State Transportation Trust Fund and used to |
| 533 | fund the County Incentive Grant Program. |
| 534 | Section 14. Use of revenues derived from elimination of |
| 535 | deduction of service charges.--Beginning July 1, 2005, the |
| 536 | increased revenues derived from the elimination of the deduction |
| 537 | of the service charges imposed under s. 215.20(1) and (3), |
| 538 | Florida Statutes, from the Fuel Tax Collection Trust Fund, all |
| 539 | taxes on motor fuels other than gasoline levied under s. |
| 540 | 206.87(1)(a) and part IV of chapter 206, Florida Statutes, the |
| 541 | State Alternative Fuel User Fee Clearing Trust Fund, the Local |
| 542 | Alternative Fuel User Fee Clearing Trust Fund, and the Local |
| 543 | Option Fuel Tax Trust Fund shall be deposited into the State |
| 544 | Transportation Trust Fund and used to fund the County Incentive |
| 545 | Grant Program, except the increased revenues derived from the |
| 546 | elimination of the deduction of the service charge imposed under |
| 547 | s. 215.20(1), Florida Statutes, from the proceeds of any tax |
| 548 | levied by a county under s. 336.025(1)(b), Florida Statutes, |
| 549 | shall be returned directly to the county levying such tax. |
| 550 | Section 15. Notwithstanding any other provision of law, |
| 551 | the requirements of ss. 206.46(3) and 206.606(2), Florida |
| 552 | Statutes, shall not apply to any funding contained in this act. |
| 553 | Section 16. This act shall take effect July 1, 2005. |