Judges: Robert A. Butterworth Attorney General
Filed Date: 10/1/1990
Status: Precedential
Modified Date: 7/5/2016
Mr. Warren H. Jernigan Chairperson, Transportation Disadvantaged Commission 605 Suwannee Street, MS-49 Tallahassee, Florida 32399-0450
Dear Mr. Jernigan:
You ask on behalf of the Transportation Disadvantaged Commission:
May local option gas tax revenues be used to fund specialized transportation for the transportation disadvantaged?
In sum:
Local option gas tax revenues may be used to fund a public transportation system which includes the provision of paratransit or special transportation services to the transportation disadvantaged.
The Transportation Disadvantaged Commission is created in the Department of Transportation to "accomplish the coordination of transportation services provided to the transportation disadvantaged."1 In order to carry out its purpose, s.
(3) Develop policies and procedures for the coordination of local government, federal, and state funding for the transportation disadvantaged.
* * * (5) Serve as a clearinghouse for information about transportation disadvantaged services, funding sources, innovations, and coordination efforts.
* * *
(11) Have the authority to apply for and accept funds, grants, gifts, and services from the Federal Government, state government, local governments, or private funding sources. Applications by the commission for local government funds shall be coordinated through the appropriate coordinating board. Funds acquired or accepted under this subsection shall be administered by the commission and shall be used to carry out the commission's responsibilities.
* * *
(20) Coordinate all transportation disadvantaged programs with appropriate state, local, and federal agencies and public transit agencies to ensure compatibility with existing transportation systems.
Thus, the commission possesses statutory authority to be involved in the coordination of local funding of transportation services for the transportation disadvantaged.
Chapter
As reflected in the preamble to Ch. 72-384, Laws of Florida, creating s.
Section
(a) Public transportation operations and maintenance. (b) Roadway and right-of-way maintenance and equipment. (c) Roadway and right of way drainage. (d) Street lighting. (e) Traffic signs, traffic engineering, signalization, and pavement markings. (f) Bridge maintenance and operation. (g) Debt service and current expenditures for transportation capital projects in the foregoing program areas, including construction or reconstruction of roads.7
Clearly, counties are authorized to use local option gas tax moneys to fund public transportation operations. While "public transportation operations" is not defined in Ch.
the transporting of people by conveyances, or systems of conveyances, traveling on land or water, local or regional in nature, and available for use by the public. Public transit systems may be either governmentally owned or privately owned. Public transit specifically includes those forms of transportation commonly known as "paratransit."8
"Paratransit" is defined as
those elements of public transit which provide service between specific origins and destinations selected by the individual user with such service being provided at a time that is agreed upon by the user and the provider of the service. Paratransit service is provided by taxis, limousines, "dial-a-ride" buses, and other demand-responsive operations that are characterized by their nonscheduled, nonfixed route nature.9
Local public transit, by having paratransit services included within its scope, would appear to encompass services provided to the transportation disadvantaged. Furthermore, providing paratransit services in a public transit system would be part of a public transportation operation by a local government. Accordingly, it is my opinion that local option gas tax revenues, levied pursuant to ss.
Sincerely,
Robert A. Butterworth Attorney General
RAB/tls