Fla. Stat. § 339.08 — Florida Code / Title XXVI / Chapter 339 / Section 339.08
339.08 Use of moneys in State Transportation Trust Fund.
Status: in_force

(1) The department shall expend moneys in the State Transportation Trust Fund accruing to the department, in accordance with its annual budget. The use of such moneys shall be restricted to the following purposes: (a) To pay administrative expenses of the department, including administrative expenses incurred by the several state transportation districts, but excluding administrative expenses of commuter rail authorities that do not operate rail service. (b) To pay the cost of construction of the State Highway System. (c) To pay the cost of maintaining the State Highway System. (d) To pay the cost of public transportation projects in accordance with chapter 341 and ss. 332.003-332.007. (e) To reimburse counties or municipalities for expenditures made on projects in the State Highway System as authorized by s. 339.12(4) upon legislative approval. (f) To pay the cost of economic development transportation projects in accordance with s. 339.2821. (g) To lend or pay a portion of the operating, maintenance, and capital costs of a revenue-producing transportation project that is located on the State Highway System or that is demonstrated to relieve traffic congestion on the State Highway System. (h) To match any federal-aid funds allocated for any other transportation purpose, including funds allocated to projects not located in the State Highway System. (i) To pay the cost of county road projects selected in accordance with the Small County Road Assistance Program created in s. 339.2816. (j) To pay the cost of county or municipal road projects selected in accordance with the County Incentive Grant Program created in s. 339.2817, the Small County Outreach Program created in s. 339.2818, and the Enhanced Bridge Program for Sustainable Transportation created in s. 339.285. (k) To provide loans and credit enhancements for use in constructing and improving highway transportation facilities selected in accordance with the state-funded infrastructure bank created in s. 339.55. (l) To pay the cost of projects on the Florida Strategic Intermodal System created in s. 339.61. (m) To pay the cost of transportation projects selected in accordance with the Transportation Regional Incentive Program created in s. 339.2819. (n) To pay other lawful expenditures of the department.

(2) Unless specifically provided in the General Appropriations Act or the substantive bill implementing the General Appropriations Act, no moneys in the State Transportation Trust Fund may be used to fund the operational or capital outlay cost for any correctional facility of the Department of Corrections. The department shall, however, enter into contractual arrangements with the Department of Corrections for those specific maintenance functions that can be performed effectively by prison inmates under the supervision of Department of Corrections personnel with technical assistance being provided by the department. The cost of such contracts must not exceed the cost that would be incurred by the department if these functions were to be performed by its personnel or by contract with another entity unless, notwithstanding cost, the department can clearly demonstrate that for reasons of expediency or efficiency it is in the best interests of the department to contract with the Department of Corrections.

(3) The department may authorize the investment of the earnings accrued and collected upon the investment of the minimum balance of funds required to be maintained in the State Transportation Trust Fund pursuant to s. 339.135(6)(b).

(4) Notwithstanding any other law, and for the 2023-2024 and 2024-2025 fiscal years only, funds are appropriated to the State Transportation Trust Fund from the General Revenue Fund and the Discretionary Sales Surtax Clearing Trust Fund as provided in the General Appropriations Act. The department is not required to deplete the resources transferred from the General Revenue Fund for the fiscal year as required in s. 339.135(3)(b), and the funds may not be used in calculating the required quarterly cash balance of the trust fund as required in s. 339.135(6)(b). The department shall track and account for appropriated funds from the General Revenue Fund as a separate funding source for eligible projects on the State Highway System and from the Discretionary Sales Surtax Clearing Trust Fund for eligible projects pursuant to the General Appropriations Act. This subsection expires July 1, 2025.

(5) The department may not expend any state funds as described in s. 215.31 to support a project or program of any of the following entities: (a) A public transit provider as defined in s. 341.031(1); (b) An authority created pursuant to chapter 343, chapter 348, or chapter 349; (c) A public-use airport as defined in s. 332.004; or (d) A port listed in s. 311.09(1), which is found in violation of s. 381.00316. The department shall withhold state funds until the public transit provider, authority, public-use airport, or port is found in compliance with s. 381.00316.

History: s. 139, ch. 29965, 1955; s. 1, ch. 31416, 1956; s. 19, ch. 57-318; s. 1, ch. 63-219; ss. 23, 35, ch. 69-106; s. 13, ch. 77-165; s. 4, ch. 77-416; s. 1, ch. 78-286; s. 118, ch. 79-190; s. 2, ch. 80-312; s. 1, ch. 82-120; s. 38, ch. 83-3; s. 1, ch. 83-346; ss. 207, 213, ch. 84-309; ss. 70, 81, ch. 85-180; s. 6, ch. 87-93; s. 4, ch. 87-164; s. 45, ch. 88-201; s. 24, ch. 88-557; s. 71, ch. 92-152; s. 69, ch. 93-164; s. 42, ch. 93-187; s. 40, ch. 96-323; ss. 31, 99, ch. 99-385; s. 14, ch. 2000-257; s. 77, ch. 2003-399; s. 8, ch. 2004-366; s. 14, ch. 2005-3; s. 20, ch. 2005-290; ss. 29, 53, ch. 2007-73; s. 38, ch. 2007-196; s. 33, ch. 2008-153; ss. 41, 42, 43, ch. 2009-82; s. 13, ch. 2010-139; ss. 37, 38, 39, 72, ch. 2010-153; ss. 44, 45, 81, ch. 2011-47; s. 4, ch. 2012-6; s. 30, ch. 2012-128; s. 6, ch. 2013-16; s. 33, ch. 2013-41; s. 9, ch. 2015-3; s. 53, ch. 2021-37; s. 74, ch. 2022-157; s. 66, ch. 2023-240; s. 8, ch. 2024-57; s. 101, ch. 2024-228.