Florida Senate - 2012 SENATOR AMENDMENT Bill No. CS/CS/CS/HB 599, 1st Eng. Barcode 742324 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 03/09/2012 06:40 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Sachs moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 41 and 42 4 insert: 5 Section 1. Paragraphs (a) and (b) of subsection (1), 6 paragraph (a) of subsection (5), and subsection (7) of section 7 336.025, Florida Statutes, are amended to read: 8 336.025 County transportation system; levy of local option 9 fuel tax on motor fuel and diesel fuel.— 10 (1)(a) In addition to other taxes allowed by law, there may 11 be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c) a 1 12 cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option 13 fuel tax upon every gallon of motor fuel and diesel fuel sold in 14 a county and taxed under the provisions of part I or part II of 15 chapter 206. 16 1. All impositions and rate changes of the tax shall be 17 levied before OctoberJuly1 to be effective January 1 of the 18 following year for a period not to exceed 30 years, and the 19 applicable method of distribution shall be established pursuant 20 to subsection (3) or subsection (4). However, levies of the tax 21 which were in effect on July 1, 2002, and which expire on August 22 31 of any year may be reimposed at the current authorized rate 23 effective September 1 of the year of expiration. Upon 24 expiration, the tax may be relevied provided that a 25 redetermination of the method of distribution is made as 26 provided in this section. 27 2. County and municipal governments shall utilize moneys 28 received pursuant to this paragraph only for transportation 29 expenditures. 30 3. Any tax levied pursuant to this paragraph may be 31 extended on a majority vote of the governing body of the county. 32 A redetermination of the method of distribution shall be 33 established pursuant to subsection (3) or subsection (4), if, 34 after July 1, 1986, the tax is extended or the tax rate changed, 35 for the period of extension or for the additional tax. 36 (b) In addition to other taxes allowed by law, there may be 37 levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-cent, 38 4-cent, or 5-cent local option fuel tax upon every gallon of 39 motor fuel sold in a county and taxed under the provisions of 40 part I of chapter 206. The tax shall be levied by an ordinance 41 adopted by a majority plus one vote of the membership of the 42 governing body of the county or by referendum. 43 1. All impositions and rate changes of the tax shall be 44 levied before OctoberJuly1, to be effective January 1 of the 45 following year. However, levies of the tax which were in effect 46 on July 1, 2002, and which expire on August 31 of any year may 47 be reimposed at the current authorized rate effective September 48 1 of the year of expiration. 49 2. The county may, prior to levy of the tax, establish by 50 interlocal agreement with one or more municipalities located 51 therein, representing a majority of the population of the 52 incorporated area within the county, a distribution formula for 53 dividing the entire proceeds of the tax among county government 54 and all eligible municipalities within the county. If no 55 interlocal agreement is adopted before the effective date of the 56 tax, tax revenues shall be distributed pursuant to the 57 provisions of subsection (4). If no interlocal agreement exists, 58 a new interlocal agreement may be established prior to June 1 of 59 any year pursuant to this subparagraph. However, any interlocal 60 agreement agreed to under this subparagraph after the initial 61 levy of the tax or change in the tax rate authorized in this 62 section shall under no circumstances materially or adversely 63 affect the rights of holders of outstanding bonds which are 64 backed by taxes authorized by this paragraph, and the amounts 65 distributed to the county government and each municipality shall 66 not be reduced below the amount necessary for the payment of 67 principal and interest and reserves for principal and interest 68 as required under the covenants of any bond resolution 69 outstanding on the date of establishment of the new interlocal 70 agreement. 71 3. County and municipal governments shall use moneys 72 received pursuant to this paragraph for transportation 73 expenditures needed to meet the requirements of the capital 74 improvements element of an adopted comprehensive plan or for 75 expenditures needed to meet immediate local transportation 76 problems and for other transportation-related expenditures that 77 are critical for building comprehensive roadway networks by 78 local governments. For purposes of this paragraph, expenditures 79 for the construction of new roads, the reconstruction or 80 resurfacing of existing paved roads, or the paving of existing 81 graded roads shall be deemed to increase capacity and such 82 projects shall be included in the capital improvements element 83 of an adopted comprehensive plan. Expenditures for purposes of 84 this paragraph shall not include routine maintenance of roads. 85 (5)(a) By OctoberJuly1 of each year, the county shall 86 notify the Department of Revenue of the rate of the taxes levied 87 pursuant to paragraphs (1)(a) and (b), and of its decision to 88 rescind or change the rate of a tax, if applicable, and shall 89 provide the department with a certified copy of the interlocal 90 agreement established under subparagraph (1)(b)2. or 91 subparagraph (3)(a)1. with distribution proportions established 92 by such agreement or pursuant to subsection (4), if applicable. 93 A decision to rescind a tax mayshallnot take effect on any 94 date other than December 31 and requiresshall requirea minimum 95 of 60 days’ notice to the Department of Revenue of such 96 decision. 97 (7) For the purposes of this section, “transportation 98 expenditures” means expenditures by the local government from 99 local or state shared revenue sources, excluding expenditures of 100 bond proceeds, for the following programs: 101 (a) Public transportation operations and maintenance. 102 (b) Roadway and right-of-way maintenance and equipment and 103 structures used primarily for the storage and maintenance of 104 such equipment. 105 (c) Roadway and right-of-way drainage. 106 (d) Street lighting installation, operation, maintenance, 107 and repair. 108 (e) Traffic signs, traffic engineering, signalization, and 109 pavement markings, installation, operation, maintenance, and 110 repair. 111 (f) Bridge maintenance and operation. 112 (g) Debt service and current expenditures for 113 transportation capital projects in the foregoing program areas, 114 including construction or reconstruction of roads and sidewalks. 115 116 ================= T I T L E A M E N D M E N T ================ 117 And the title is amended as follows: 118 Delete line 3 119 and insert: 120 programs; amending s. 336.025, F.S.; revising the date 121 when impositions and rate changes of the local option 122 fuel tax shall be levied; revising the definition of 123 the term “transportation expenditures” for purposes of 124 specified provisions that restrict the use of local 125 option fuel tax funds by counties and municipalities; 126 amending s. 341.301, F.S.; revising the