Florida Senate - 2021 SB 1350 By Senator Jones 35-01824-21 20211350__ 1 A bill to be entitled 2 An act relating to requirements for establishing or 3 increasing tolls; creating s. 338.163, F.S.; requiring 4 an increase of a current toll or the development of a 5 new toll collection facility in a county with a 6 certain population to be approved by the board of 7 county commissioners; providing applicability; 8 providing definitions; amending s. 338.165, F.S.; 9 conforming provisions to changes made by the act; 10 providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 338.163, Florida Statutes, is created to 15 read: 16 338.163 Establishment or increase of tolls in certain 17 counties.— 18 (1) Before a tolling authority may increase the rate of a 19 current toll or develop a new toll collection facility on a 20 public highway located in a county with a population of more 21 than 1 million, the board of county commissioners of such county 22 must approve such increase or development by a two-thirds vote 23 at a regularly scheduled meeting of the board. 24 (a) This subsection applies only to a toll increase or 25 newly collected toll which has not been pledged to a project 26 that is approved as of July 1, 2022. 27 (b) This subsection does not apply to a project that is 28 approved as of July 1, 2022, and to which funding has been 29 allocated. 30 (2) For purposes of this section, the term: 31 (a) “Approved” means that a project is part of an executed 32 contract or is warranted by official administrative action. 33 (b) “Pledged” means that funds have officially been 34 encumbered by contractual obligation or official administrative 35 action. 36 (c) “Tolling authority” means an entity that has the 37 authority to implement a toll increase or develop a new toll 38 collection facility, including, but not limited to, the 39 department, the Florida Turnpike Enterprise, a transportation or 40 expressway authority, a county, or any other entity having 41 jurisdiction over a public highway. 42 Section 2. Subsection (1) of section 338.165, Florida 43 Statutes, is amended to read: 44 338.165 Continuation of tolls.— 45 (1) The department, any transportation or expressway 46 authority or, in the absence of an authority, a county or 47 counties may continue to collect the toll on a revenue-producing 48 project after the discharge of any bond indebtedness related to 49 such project and may increase such toll except as provided in s. 50 338.163. All tolls so collected shall first be used to pay the 51 annual cost of the operation, maintenance, and improvement of 52 the toll project. 53 Section 3. This act shall take effect July 1, 2022.