Bill Text: FL S1012 | 2018 | Regular Session | Comm Sub
Bill Title: Toll Operations
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2018-03-08 - Laid on Table, refer to CS/CS/HB 141 [S1012 Detail]
Download: Florida-2018-S1012-Comm_Sub.html
Florida Senate - 2018 CS for SB 1012
By the Committee on Appropriations; and Senators Passidomo and
Young
576-04144-18 20181012c1
1 A bill to be entitled
2 An act relating to toll operations; amending s.
3 338.155, F.S.; exempting a law enforcement officer
4 from paying a toll on a toll facility when operating a
5 marked or unmarked official vehicle while on official
6 law enforcement business; defining the term “official
7 law enforcement business”; amending s. 338.26, F.S.;
8 requiring fees generated from tolls to be used to
9 reimburse, by interlocal agreement within a specified
10 timeframe, a county or another local governmental
11 entity for the direct actual costs of operating a
12 specified fire station; providing services to the
13 public on Alligator Alley; deleting obsolete language;
14 amending s. 348.0003, F.S.; requiring the governing
15 body of the authority in certain counties to, by a
16 specified date, submit to the Governor information
17 regarding its compliance with a specified minimum
18 percent toll reduction; requiring, effective on a
19 specified date, the existing board to be dissolved
20 and, except for the district secretary of the
21 Department of Transportation, a new board to be
22 appointed by that date if the required toll reduction
23 has not taken place; prohibiting a member of the board
24 on a specified date to be appointed to the new board,
25 except for the district secretary of the department;
26 requiring the members to be residents of the county,
27 except for the district secretary of the department;
28 requiring a specified number of voting members to be
29 appointed by the governing body of the county;
30 authorizing, at the discretion of the governing body
31 of the county, up to a specified amount of the members
32 appointed by the governing body of the county to be
33 elected officials residing in the county; requiring a
34 specified amount of voting members of the authority to
35 be appointed by the Governor; requiring that the
36 district secretary of the department from the
37 appropriate district be an ex officio voting member;
38 providing an effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Subsections (1) and (3) of section 338.155,
43 Florida Statutes, are amended to read:
44 338.155 Payment of toll on toll facilities required;
45 exemptions.—
46 (1)(a) A person may not use a any toll facility without
47 payment of tolls, except:
48 1. An employee employees of the agency operating the toll
49 project when using the toll facility on official state
50 business.,
51 2. State military personnel while on official military
52 business.
53 3. A person with a disability, handicapped persons as
54 provided in subsection (3).
55 4. A person this section, persons exempt from toll payment
56 by the authorizing resolution for bonds issued to finance the
57 facility.
58 5. A person, and persons exempt on a temporary basis where
59 use of such toll facility is required as a detour route.
60 6. A Any law enforcement officer operating a marked or
61 unmarked official vehicle while is exempt from toll payment when
62 on official law enforcement business. For purposes of this
63 subparagraph, the term “official law enforcement business”
64 includes, but is not limited to, patrol operations,
65 investigative activities, crime prevention operations, and
66 traffic operations.
67 7. A Any person operating a fire vehicle while when on
68 official business or a rescue vehicle while when on official
69 business is exempt from toll payment.
70 8. A Any person participating in the funeral procession of
71 a law enforcement officer or firefighter killed in the line of
72 duty is exempt from toll payment.
73 (b) The secretary or the secretary’s designee may suspend
74 the payment of tolls on a toll facility when necessary to assist
75 in emergency evacuation.
76 (c) The failure to pay a prescribed toll constitutes a
77 noncriminal traffic infraction, punishable as a moving violation
78 as provided in s. 318.18. The department may adopt rules
79 relating to the payment, collection, and enforcement of tolls,
80 as authorized in this chapter and chapters 316, 318, 320, and
81 322, including, but not limited to, rules for the implementation
82 of video or other image billing and variable pricing.
83 (d) With respect to toll facilities managed by the
84 department, the revenues of which are not pledged to repayment
85 of bonds, the department may by rule allow the use of such
86 facilities by public transit vehicles or by vehicles
87 participating in a funeral procession for an active-duty
88 military service member without the payment of tolls.
89 (3) A Any handicapped person with a disability who has a
90 valid driver license, who operates a vehicle specially equipped
91 for use by persons with disabilities the handicapped, and who is
92 certified by a physician licensed under chapter 458 or chapter
93 459 or by comparable licensing in another state or by the
94 Adjudication Office of the United States Department of Veterans
95 Affairs or its predecessor as being severely physically disabled
96 and having permanent upper limb mobility or dexterity
97 impairments that which substantially impair the person’s ability
98 to deposit coins in toll baskets, shall be allowed to pass free
99 through all tollgates and over all toll bridges and ferries in
100 this state. Such A person who meets the requirements of this
101 subsection shall, upon application, be issued a vehicle window
102 sticker by the Department of Transportation.
103 Section 2. Paragraph (a) of subsection (3) of section
104 338.26, Florida Statutes, is amended to read:
105 338.26 Alligator Alley toll road.—
106 (3)(a) Fees generated from tolls shall be deposited in the
107 State Transportation Trust Fund and shall be used:
108 1. To reimburse outstanding contractual obligations;
109 2. To operate and maintain the highway and toll facilities,
110 including reconstruction and restoration;
111 3. To pay for those projects that are funded with Alligator
112 Alley toll revenues and that are contained in the 1993-1994
113 adopted work program or the 1994-1995 tentative work program
114 submitted to the Legislature on February 22, 1994; and
115 4. By interlocal agreement effective July 1, 2014, through
116 no later than June 30, 2019, to reimburse a county or another
117 local governmental entity for the direct actual costs of
118 operating the To design and construct a fire station at mile
119 marker 63 on Alligator Alley, which may be used by a county or
120 another local governmental entity to provide fire, rescue, and
121 emergency management services to the public on Alligator Alley;
122 and
123 5. By interlocal agreement effective July 1, 2014, through
124 no later than June 30, 2018, to reimburse a county or another
125 local governmental entity for the direct actual costs of
126 operating such fire station.
127 Section 3. Paragraph (d) of subsection (2) of section
128 348.0003, Florida Statutes, is amended to read:
129 348.0003 Expressway authority; formation; membership.—
130 (2) The governing body of an authority shall consist of not
131 fewer than five nor more than nine voting members. The district
132 secretary of the affected department district shall serve as a
133 nonvoting member of the governing body of each authority located
134 within the district. Each member of the governing body must at
135 all times during his or her term of office be a permanent
136 resident of the county which he or she is appointed to
137 represent.
138 (d)1. Notwithstanding any provision to the contrary in this
139 subsection, in any county as defined in s. 125.011(1), the
140 governing body of an authority shall consist of up to nine
141 members, and the following provisions of this paragraph shall
142 apply specifically to such authority. Except for the district
143 secretary of the department, the members must be residents of
144 the county. Five voting members shall be appointed by the
145 governing body of the county. At the discretion of the governing
146 body of the county, up to two of the members appointed by the
147 governing body of the county may be elected officials residing
148 in the county. Three voting members of the authority shall be
149 appointed by the Governor. One member shall be the district
150 secretary of the department serving in the district that
151 contains such county. This member shall be an ex officio voting
152 member of the authority. If the governing body of an authority
153 includes any member originally appointed by the governing body
154 of the county as a nonvoting member, when the term of such
155 member expires, that member shall be replaced by a member
156 appointed by the Governor until the governing body of the
157 authority is composed of five members appointed by the governing
158 body of the county and three members appointed by the Governor.
159 Except as provided in subparagraph 2., a member of the authority
160 serving as of July 1, 2016, may serve the remainder of his or
161 her term. However, upon the conclusion of the term or upon
162 vacancy, such expired term or vacancy may not be filled except
163 if such appointment meets the requirements of this section. When
164 the term of a member expires or a vacancy occurs, the member may
165 shall not be replaced by the appointing entity until the
166 governing body of the authority is composed of five voting
167 members appointed by the governing body of the county and three
168 voting members appointed by the Governor, which three members
169 shall not include the district secretary serving as an ex
170 officio member. Except as provided in subsection (5), the
171 qualifications, terms of office, and obligations and rights of
172 members of the authority shall be determined by resolution or
173 ordinance of the governing body of the county in a manner that
174 is consistent with subsections (3) and (4).
175 2. Notwithstanding subparagraph 1., in any county as
176 defined in s. 125.011(1), the governing body of the authority
177 shall, by October 1, 2018, submit to the Governor information
178 regarding its compliance with the minimum 5 percent toll
179 reduction prescribed in s. 348.0004(6). If the required toll
180 reduction has not taken place, the existing board shall be
181 dissolved effective October 31, 2018, and, except for the
182 district secretary of the department, a new board shall be
183 appointed by that date. Other than the district secretary of the
184 department, a member of the board on October 1, 2018, may not be
185 appointed to the new board. Except for the district secretary of
186 the department, the members must be residents of the county.
187 Five voting members shall be appointed by the governing body of
188 the county. At the discretion of the governing body of the
189 county, up to two of the members appointed by the governing body
190 of the county may be elected officials residing in the county.
191 Three voting members of the authority shall be appointed by the
192 Governor. One member shall be the district secretary of the
193 department serving in the district that contains such county.
194 This member shall be an ex officio voting member of the
195 authority.
196 Section 4. This act shall take effect July 1, 2018.
