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 |
|
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. |