Florida Senate - 2011                                    SB 1768
       
       
       
       By Senator Diaz de la Portilla
       
       
       
       
       36-01334-11                                           20111768__
    1                        A bill to be entitled                      
    2         An act relating to local option fuel taxes; providing
    3         a short title; providing legislative findings;
    4         amending s. 336.025, F.S.; revising the definition of
    5         “transportation expenditures” for purposes of
    6         specified provisions that restrict the use of local
    7         option fuel tax funds by counties and municipalities;
    8         providing for severability; providing an effective
    9         date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. This act may be cited as the “Local Option Fuel
   14  Tax Act.”
   15         Section 2. Legislative findings.—
   16         (1) The Legislature finds that to ensure an integrated and
   17  balanced transportation system that is economically competitive,
   18  ensures mobility, and provides for the public safety and general
   19  welfare of the people of the state, local governments need to
   20  build, operate, maintain, and repair comprehensive roadway
   21  networks.
   22         (2) The Legislature finds that the need for local
   23  governments to operate and maintain the enumerated
   24  transportation programs funded by the local option fuel tax is
   25  critical for comprehensive roadway networks.
   26         (3) The Legislature finds that expressly providing for the
   27  use of local option fuel tax funds for the operation and
   28  maintenance of the enumerated transportation programs under s.
   29  336.025(7), Florida Statutes, is important to provide the
   30  counties and municipalities stability in their financial
   31  planning and management.
   32         Section 3. Subsection (7) of section 336.025, Florida
   33  Statutes, is amended to read:
   34         336.025 County transportation system; levy of local option
   35  fuel tax on motor fuel and diesel fuel.—
   36         (7) For the purposes of this section, “transportation
   37  expenditures” means expenditures by the local government from
   38  local or state shared revenue sources, excluding expenditures of
   39  bond proceeds, for the following programs:
   40         (a) Public transportation operations and maintenance.
   41         (b) Roadway and right-of-way maintenance and equipment and
   42  structures used primarily for the storage and maintenance of
   43  such equipment.
   44         (c) Roadway and right-of-way drainage installation,
   45  operation, maintenance, and repair.
   46         (d) Street lighting installation, operation, maintenance,
   47  and repair.
   48         (e) Traffic signs, traffic engineering, signalization, and
   49  pavement markings, installation, operation, maintenance, and
   50  repair.
   51         (f) Bridge maintenance and operation.
   52         (g) Debt service and current expenditures for
   53  transportation capital projects in the foregoing program areas,
   54  including construction or reconstruction of roads and sidewalks.
   55         Section 4. If any provision of this act or its application
   56  to any person or circumstance is held invalid, the invalidity
   57  does not affect other provisions or applications of the act
   58  which can be given effect without the invalid provision or
   59  application, and to this end the provisions of this act are
   60  severable.
   61         Section 5. This act shall take effect July 1, 2011.