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Florida Constitution Revision Commission

PUB 700115: Funding: Transportation and Conservation. by Loyal Millett

ARTICLE VII: FINANCE AND TAXATION, New Section.

Catchline: Funding: Transportation and Conservation

 

(a) Notwithstanding Section 17 of this Article, no moneys, including bond proceeds, derived from taxes, fees, excises, or license taxes relating to registration, title, or operation or use of vehicles, or related to the use of highways, roads, streets, bridges, mass transit, intercity passenger rail, ports, airports, or to fuels used for propelling vehicles or watercraft, or derived from taxes, fees, excises, or license taxes relating to any other transportation infrastructure or transportation operation, shall be expended for purposes other than as provided in subsections (b) and (c).

(b) Transportation funds may be expended for the following:

(1) the costs of administering laws related to vehicles and watercraft and transportation, including statutory refunds and adjustments provided in those laws;

(2) payment of highway obligations;

(3) costs for construction, reconstruction, maintenance, repair, and betterment of highways, roads, streets, bridges, mass transit, intercity passenger rail, ports, airports, or other forms of transportation; and

(4) other statutory highway purposes.

Transportation funds may also be expended for the State or local share of highway funds to match federal aid highway funds, and expenses of grade separation of highways and railroad crossings, including protection of at-grade highways and railroad crossings, and, with respect to local governments, other transportation purposes as authorized by law.

(c) The costs of administering laws related to vehicles, watercraft, and transportation shall be limited to direct program expenses related to the following:

(1) the enforcement of traffic, railroad, watercraft, and motor carrier laws;

(2) the safety of highways, roads, streets, bridges, mass transit, intercity passenger rail, ports, or airports; and

(3) the construction, reconstruction, improvement, repair, maintenance, operation, and administration of highways, under any related provisions of law or any purpose related or incident to, including grade separation of highways and railroad crossings.

 

(d) None of the revenues described in subsection (a) of this Section shall, by transfer, offset, or otherwise, be diverted to any purpose other than those described in subsections (b) and (c) of this Section.

(e) If the Legislature appropriates funds for a mode of transportation not described in this Section, the Legislature must provide for a dedicated source of funding.

(f) Federal funds may be spent for any purposes authorized by federal law.

(g) Notwithstanding the provisions of this Section, the proceeds from the tolls of highways and bridges within the State of Florida shall be distributed as follows:

(1) ninety-two percent (92%) shall be used for the transportation purposes of this Section;

(2) four percent (4%) shall be deposited into the Everglades Trust Fund; and

(3) four percent (4%) shall be distributed amongst the dedicated funds that are established by law and under the management of the Fish and Wildlife Conservation Commission.