Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. PCS (291154) for SB 1012
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Appropriations (Passidomo) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1) and (3) of section 338.155,
    6  Florida Statutes, are amended to read:
    7         338.155 Payment of toll on toll facilities required;
    8  exemptions.—
    9         (1)(a) A person may not use a any toll facility without
   10  payment of tolls, except:
   11         1.An employee employees of the agency operating the toll
   12  project when using the toll facility on official state
   13  business.,
   14         2. State military personnel while on official military
   15  business.
   16         3.A person with a disability, handicapped persons as
   17  provided in subsection (3).
   18         4.A person this section, persons exempt from toll payment
   19  by the authorizing resolution for bonds issued to finance the
   20  facility.
   21         5.A person, and persons exempt on a temporary basis where
   22  use of such toll facility is required as a detour route.
   23         6.A Any law enforcement officer operating a marked or
   24  unmarked official vehicle while is exempt from toll payment when
   25  on official law enforcement business. For purposes of this
   26  subparagraph, the term “official law enforcement business”
   27  includes, but is not limited to, patrol operations,
   28  investigative activities, crime prevention operations, and
   29  traffic operations.
   30         7.A Any person operating a fire vehicle while when on
   31  official business or a rescue vehicle while when on official
   32  business is exempt from toll payment.
   33         8.A Any person participating in the funeral procession of
   34  a law enforcement officer or firefighter killed in the line of
   35  duty is exempt from toll payment.
   36         (b) The secretary or the secretary’s designee may suspend
   37  the payment of tolls on a toll facility when necessary to assist
   38  in emergency evacuation.
   39         (c) The failure to pay a prescribed toll constitutes a
   40  noncriminal traffic infraction, punishable as a moving violation
   41  as provided in s. 318.18. The department may adopt rules
   42  relating to the payment, collection, and enforcement of tolls,
   43  as authorized in this chapter and chapters 316, 318, 320, and
   44  322, including, but not limited to, rules for the implementation
   45  of video or other image billing and variable pricing.
   46         (d) With respect to toll facilities managed by the
   47  department, the revenues of which are not pledged to repayment
   48  of bonds, the department may by rule allow the use of such
   49  facilities by public transit vehicles or by vehicles
   50  participating in a funeral procession for an active-duty
   51  military service member without the payment of tolls.
   52         (3) A Any handicapped person with a disability who has a
   53  valid driver license, who operates a vehicle specially equipped
   54  for use by persons with disabilities the handicapped, and who is
   55  certified by a physician licensed under chapter 458 or chapter
   56  459 or by comparable licensing in another state or by the
   57  Adjudication Office of the United States Department of Veterans
   58  Affairs or its predecessor as being severely physically disabled
   59  and having permanent upper limb mobility or dexterity
   60  impairments that which substantially impair the person’s ability
   61  to deposit coins in toll baskets, shall be allowed to pass free
   62  through all tollgates and over all toll bridges and ferries in
   63  this state. Such A person who meets the requirements of this
   64  subsection shall, upon application, be issued a vehicle window
   65  sticker by the Department of Transportation.
   66         Section 2. Paragraph (a) of subsection (3) of section
   67  338.26, Florida Statutes, is amended to read:
   68         338.26 Alligator Alley toll road.—
   69         (3)(a) Fees generated from tolls shall be deposited in the
   70  State Transportation Trust Fund and shall be used:
   71         1. To reimburse outstanding contractual obligations;
   72         2. To operate and maintain the highway and toll facilities,
   73  including reconstruction and restoration;
   74         3. To pay for those projects that are funded with Alligator
   75  Alley toll revenues and that are contained in the 1993-1994
   76  adopted work program or the 1994-1995 tentative work program
   77  submitted to the Legislature on February 22, 1994; and
   78         4. By interlocal agreement effective July 1, 2014, through
   79  no later than June 30, 2019, to reimburse a county or another
   80  local governmental entity for the direct actual costs of
   81  operating the To design and construct a fire station at mile
   82  marker 63 on Alligator Alley, which may be used by a county or
   83  another local governmental entity to provide fire, rescue, and
   84  emergency management services to the public on Alligator Alley;
   85  and
   86         5.By interlocal agreement effective July 1, 2014, through
   87  no later than June 30, 2018, to reimburse a county or another
   88  local governmental entity for the direct actual costs of
   89  operating such fire station.
   90         Section 3. Subsection (6) of section 348.0004, Florida
   91  Statutes, is amended to read:
   92         348.0004 Purposes and powers.—
   93         (6)(a)Subject to compliance with any covenants made with
   94  the holders of any bonds issued pursuant to the Florida
   95  Expressway Authority Act, An authority in any county as defined
   96  in s. 125.011(1) shall, at the time that any toll is incurred,
   97  reduce the toll charged on any of the authority’s toll
   98  facilities by at least 5 percent, but not more than 10 percent,
   99  for each SunPass registrant having an account in good standing
  100  and having the license plate of the vehicle or vehicles
  101  incurring the toll registered to the SunPass account at the time
  102  the toll is incurred. The authority may not impose additional
  103  requirements for receipt of the reduced toll amount.
  104         (b)There is hereby created a cause of action for the
  105  imposition of excess toll charges. Any person eligible for a
  106  toll reduction as specified in paragraph (a) may bring a civil
  107  action in a court of competent jurisdiction against a toll
  108  authority for the value of toll credits that the person was to
  109  have been credited. The court may award court costs and
  110  reasonable attorney fees to any person bringing an action under
  111  this paragraph.
  112         Section 4. This act shall take effect July 1, 2018.
  114  ================= T I T L E  A M E N D M E N T ================
  115  And the title is amended as follows:
  116         Delete everything before the enacting clause
  117  and insert:
  118                        A bill to be entitled                      
  119         An act relating to toll operations; amending s.
  120         338.155, F.S.; exempting a law enforcement officer
  121         from paying a toll on a toll facility when operating a
  122         marked or unmarked official vehicle while on official
  123         law enforcement business; defining the term “official
  124         law enforcement business”; amending s. 338.26, F.S.;
  125         requiring fees generated from tolls to be used to
  126         reimburse, by interlocal agreement within a specified
  127         timeframe, a county or another local governmental
  128         entity for the direct actual costs of operating a
  129         specified fire station; providing services to the
  130         public on Alligator Alley; deleting obsolete language;
  131         amending s. 348.0004, F.S.; deleting provisions
  132         subjecting a specified toll rate reduction to certain
  133         covenants; creating a cause of action for the
  134         imposition of excess toll charges; providing for award
  135         of court costs and attorney fees; providing an
  136         effective date.