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