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Highway Taxes and Fees: How They Are Collected and Distributed - 2001

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PROVISIONS GOVERNING THE DISPOSITION OF STATE MOTOR-FUEL TAX RECEIPTS

BASED ON INFORMATION OBTAINED FROM STATE
AUTHORITIES AND ON THE LAWS OF THE STATE
TABLE MF-106
STATUS AS OF JANUARY 1, 2001

FLORIDA

NAME OF FUND
OR AGENCY
AMOUNT OF PROPORTION OBJECTS OF EXPENDITURE REMARKS STATE CODE
SECTION
Gasoline: 13.6 Cents - - 2¢ in Constitution Article 12 §9; 1¢ in §206.41(1)(b); 1¢ in §206.41(1)(c); 9.6¢ in §206.41(1)(g) See Remarks
Diesel: 25.9 Cents - - 4¢ in §206.87(1)(a); 1¢ in §206.87(1)(b); 6¢ in §206.87(!0(c); 5¢ in §206(1)(d); 9¢ in §206.87(1)(e) See Remarks
LPG: 16.0 Cents - - 4¢ in §206.877(8); 1¢ in §206.877(8); 6¢ in §206.877(8); 4.6¢ in §206.877(8) See Remarks
Gasohol: 13.1 Cents - - Same as LPG. See Remarks
  - - Same as gasoline. See Remarks
  The 4 cent fixed component of the motor fuel tax is composed of a 2 cents "Constitutional Fuel Tax", a 1 cent county fuel tax and a 1 cent municipal fuel tax. The variable
 component "fuel sales tax" of the State motor-fuel tax (9.6 cents) is determined by annually  adjusting the base rate of 6.9 cents by the change in the Consumer Price Index (CPI).
 The minimum amount of the variable tax is 6.9 cents per gallon. The variable component  "fuel sales tax" does not apply to "alternative fuels", i.e., LPG and CNG. The diesel and
 "alternative fuels" rates include mandatory local option taxes of 1 cent (the "ninth-cent tax")  and 6 cents. On gasoline and gasohol, counties may also impose the 1 cent ("ninth-cent tax")
 and a "local option fuel tax" between 1 cent and 11 cents. Diesel and LPG rates shown also include an additional variable tax, the "State Comprehensive Enhanced Transportation
 system (SCETS) Tax". The SCETS rate was initially computed as two-thirds of the lesser  of six cents or the "local option fuel tax" rate imposed by the county (including the "Ninth-Cent
 Tax"), and subsequently adjusted for annual changes in the CPI. (For 2001: diesel/LPG/CNG rate  is 5.3 cents and the gasoline/gasohol rate ranges from 2.6 to 5.3 cents).  
Ninth-Cent Fuel Tax
Trust Fund.....   
1 cent (diesel/LPG/CNG).
[optional 1 cent tax on
gasoline/gasohol].
 
Establishing, operating and maintaining a transportation
system and financing the acquisition, construction,
reconstruction, and maintenance of roads and streets.
Can be used as local share of State or Federal projects.
Local option tax on gasoline and gasohol. Diesel/LPG/CNG portion is mandatory.
This additional 1 cent tax may be imposed by counties, either by referendum, or
by extraordinary (majority plus 1) vote of their governing bodies. Tax is administered
by the Department of Revenue.
336.021
Local Option Fuel Tax
Trust Fund.....
6 cents (diesel/LPG/CNG).
[optional 1 to 11 centstax on
gasoline/gasohol].
For use by county and municipal governments for
transportation purposes.
"Local option fuel tax" on gasoline and gasohol. Diesel/LPG/CNG portion is
mandatory. Tax is administered by the Department of Revenue. If all transportation
needs are met, counties with a population of 50,000 less on April 1, 1992 may use
proceeds of "original" 1 to 6 cents of tax for other capital infrastructure needs.
336.025
5.3 cents diesel/LPG/CNG.
[see remarks for
gasoline/gasohol]
Distributed as follows: This is the SCETS tax. Local option tax on gasoline and gasohol. Diesel/LPG/CNG
portion is mandatory. Rate varies based on "Ninth Cent Fuel Tax" and local option
tax imposed. This is the SCETS tax. Rate varies based initially on the 1 cent
"ninth cent fuel tax" and the 1 cent to 11 cents "local option fuel tax" imposed
in each county and then annually adjusted. See above.
206.41(1)(f);
206.608;
206.87(1)(d)
Department of Revenue.....    Amount required Refunds. Farmers, commercial fisherman, and transit systems are eligible for full refunds.
A $2.00 fee is deducted from each refund claim and deposited to the general fund.
206.41(5)
General Revenue Fund.....    7.3 percent Service charge for general State government expenses,
and the review of agency budgets and programs.
  336.021;
215.20
Agriculture Emergency
Eradication Trust Fund.....
   0.65 percent Used by the Department of Agriculture for eradication of the
fruit fly and other such emergencies.
  206.608(1)
215.20
State Transportation
Trust Fund.....
   Remainder State highway construction, maintenance and other
transportation purposes.
Revenues must be expended on projects in the transportation districts
which generated the revenue. To the maximum extent feasible, revenues
should be expended in the county in which they were generated. A minimum
of 15 percent of all receipts deposited into the State Transportation Trust Fund
must be allocated to public transportation projects.
206.46;
206.608
  2 cents Distributed as follows: Identified as "Constitutional Fuel Tax." Also known as the "second gas tax". 206.45;
206.47
Art XII §9(c)(4)
State Board of
Administration.....
   Amount required Administrative expenses. Charged to the accounts of the 67 counties using the above formula. 206.47
   Amount required Debt service for obligations secured by "Constitutional Fuel Tax."   206.47
   Remainder First, for debt service on bonds issued for acquisition and
construction of roads. Second, for acquisition, construction
and maintenance of highways and bridges within each
county.
After payment of administrative expenses, credited to the accounts of
the 67 counties on the basis of 1/4 area, 1/4 population and 1/2 collections
within the county.
206.47
Art XII §9(c)(4)
  1 cent Distributed as follows: Identified as "county fuel tax." 206.45; 206.60
Department of Revenue.....    Amount required Refunds, administrative and collection expenses. Local governments and school districts are eligible for full refunds. A $2.00
fee is deducted from each refund claim and deposited to the general fund.
Refunds are to be used for road construction, reconstruction and maintenance.
206.60
General Revenue Fund.....    7.3 percent Service charge for general State government expenses,
and the review of agency budgets and programs.
   206.60;
215.20
Board of County
Commissioners.....
   Remainder For maintenance and construction of roads and bridges or
other transportation purposes within the county.
Distributed monthly among the 67 counties using the formula: 1/4 area, 1/4 population and
1/2 collections within the county.
206.60;
206.625
  1 cent Distributed as follows: Identified as "municipal fuel tax." 206.41; 206.605
Department of Revenue.....    Amount required Refunds and collection expenses. Farmers and commercial fisherman are eligible for full refunds.
A $2.00 fee is deducted from each refund claim and deposited to the general fund.
206.605
General Revenue Fund.....    7.3 percent Service charge for general State government expenses, and the
review of agency budgets and programs.
  206.605;
215.20
Revenue Sharing Trust
Fund for Municipalities.....
   Remainder Distributed along with other monies to cities to be used for
transportation purposes.
Distributed monthly on basis of 1/3 population ratio, 1/3 sales tax ratio
and 1/3 cities' revenue raising ability ratio.
206.605;
218.245
  Remainder (9.6 cents) Distributed as follows: Variable component distribution and identified as "fuel sales tax". 206.41; 206.87
Department of Revenue.....    Amount required Refunds. Farmers, commercial fisherman, local governments, transit systems and
school districts are eligible for full refunds. A $2.00 fee is deducted from
each refund claim and deposited to the general fund. Refunds to municipalities
and school districts are to be used for road construction, reconstruction and maintenance.
206.41
Department of Agriculture,
Agriculture Emergency
Eradication Trust Fund.....
   65 percent Used by the Department of Agriculture for eradication of the
fruit fly and other such emergencies.
 
Department of
Environmental Protection,
Invasive Plant Control
Trust Fund.....
   $6,300,000 Aquatic plant management At least $1 million allocated each year to eradication of melaleuca. 206.606(1)(a)
Fish and Wildlife Conservation
Commission, State Game
Trust Fund.....
   $2,500,000 Recreational boating activities, freshwater fisheries management
and research.
  206.606(1)(b)
State Transportation Trust
Fund.....
   Remainder Distributed as follows: Under the direction of the State Department of Transportation. This
fund also receives certain motor-vehicle revenues. (See Table MV-106)
206.606
Right-Of-Way Acquisition
and Bridge Construction
Trust Fund.....
      $135,000,000 Purchase of right-of-way and construction of bridges. The annual transfer is 7 percent to a maximum of $135 million. 206.46(2)
      $25,000,000 Priority use for completion of Interstate highway system. This distribution comes out of motor-vehicle registration receipts. Any excess
funds may be utilized for transportation purposes consistent with the Department
of Transportation's legislatively approved objectives.
320.20
      $15,000,000 To fund the Florida Seaport Economic and Development Program. This distribution comes out of motor-vehicle registration receipts. 320.20;
311.07(3)(b)
State Department of
Transportation.....
      Remainder Construction, maintenance, and administration of State
highways, economic development road projects, and
public transportation projects.
Through fiscal year 2000, a minimum of 14.3 percent of State Transportation
Trust Fund receipts must be allocated to public transit projects. Beginning in
fiscal year 2001, the minimum is raised to 15 percent. A minimum of 10% of
fuel sales tax receipts must be allocated to public transit and capital rail projects.
206.606;
206.46

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