Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. PCS (291154) for SB 1012
       
       
       
       
       
       
                                Ì477376OÎ477376                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Appropriations (Passidomo) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    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. Paragraph (d) of subsection (2) of section
   91  348.0003, Florida Statutes, is amended to read:
   92         348.0003 Expressway authority; formation; membership.—
   93         (2) The governing body of an authority shall consist of not
   94  fewer than five nor more than nine voting members. The district
   95  secretary of the affected department district shall serve as a
   96  nonvoting member of the governing body of each authority located
   97  within the district. Each member of the governing body must at
   98  all times during his or her term of office be a permanent
   99  resident of the county which he or she is appointed to
  100  represent.
  101         (d)1. Notwithstanding any provision to the contrary in this
  102  subsection, in any county as defined in s. 125.011(1), the
  103  governing body of an authority shall consist of up to nine
  104  members, and the following provisions of this paragraph shall
  105  apply specifically to such authority. Except for the district
  106  secretary of the department, the members must be residents of
  107  the county. Five voting members shall be appointed by the
  108  governing body of the county. At the discretion of the governing
  109  body of the county, up to two of the members appointed by the
  110  governing body of the county may be elected officials residing
  111  in the county. Three voting members of the authority shall be
  112  appointed by the Governor. One member shall be the district
  113  secretary of the department serving in the district that
  114  contains such county. This member shall be an ex officio voting
  115  member of the authority. If the governing body of an authority
  116  includes any member originally appointed by the governing body
  117  of the county as a nonvoting member, when the term of such
  118  member expires, that member shall be replaced by a member
  119  appointed by the Governor until the governing body of the
  120  authority is composed of five members appointed by the governing
  121  body of the county and three members appointed by the Governor.
  122  Except as provided in subparagraph 2., a member of the authority
  123  serving as of July 1, 2016, may serve the remainder of his or
  124  her term. However, upon the conclusion of the term or upon
  125  vacancy, such expired term or vacancy may not be filled except
  126  if such appointment meets the requirements of this section. When
  127  the term of a member expires or a vacancy occurs, the member may
  128  shall not be replaced by the appointing entity until the
  129  governing body of the authority is composed of five voting
  130  members appointed by the governing body of the county and three
  131  voting members appointed by the Governor, which three members
  132  shall not include the district secretary serving as an ex
  133  officio member. Except as provided in subsection (5), the
  134  qualifications, terms of office, and obligations and rights of
  135  members of the authority shall be determined by resolution or
  136  ordinance of the governing body of the county in a manner that
  137  is consistent with subsections (3) and (4).
  138         2. Notwithstanding subparagraph 1., in any county as
  139  defined in s. 125.011(1), the governing body of the authority
  140  shall, by October 1, 2018, submit to the Governor information
  141  regarding its compliance with the minimum 5 percent toll
  142  reduction prescribed in s. 348.0004(6). If the required toll
  143  reduction has not taken place, the existing board shall be
  144  dissolved effective October 31, 2018, and, except for the
  145  district secretary of the department, a new board shall be
  146  appointed by that date. Other than the district secretary of the
  147  department, a member of the board on October 1, 2018, may not be
  148  appointed to the new board. Except for the district secretary of
  149  the department, the members must be residents of the county.
  150  Five voting members shall be appointed by the governing body of
  151  the county. At the discretion of the governing body of the
  152  county, up to two of the members appointed by the governing body
  153  of the county may be elected officials residing in the county.
  154  Three voting members of the authority shall be appointed by the
  155  Governor. One member shall be the district secretary of the
  156  department serving in the district that contains such county.
  157  This member shall be an ex officio voting member of the
  158  authority.
  159         Section 4. This act shall take effect July 1, 2018.
  160  
  161  ================= T I T L E  A M E N D M E N T ================
  162  And the title is amended as follows:
  163         Delete everything before the enacting clause
  164  and insert:
  165                        A bill to be entitled                      
  166         An act relating to toll operations; amending s.
  167         338.155, F.S.; exempting a law enforcement officer
  168         from paying a toll on a toll facility when operating a
  169         marked or unmarked official vehicle while on official
  170         law enforcement business; defining the term “official
  171         law enforcement business”; amending s. 338.26, F.S.;
  172         requiring fees generated from tolls to be used to
  173         reimburse, by interlocal agreement within a specified
  174         timeframe, a county or another local governmental
  175         entity for the direct actual costs of operating a
  176         specified fire station; providing services to the
  177         public on Alligator Alley; deleting obsolete language;
  178         amending s. 348.0003, F.S.; requiring the governing
  179         body of the authority in certain counties to, by a
  180         specified date, submit to the Governor information
  181         regarding its compliance with a specified minimum
  182         percent toll reduction; requiring, effective on a
  183         specified date, the existing board to be dissolved
  184         and, except for the district secretary of the
  185         Department of Transportation, a new board to be
  186         appointed by that date if the required toll reduction
  187         has not taken place; prohibiting a member of the board
  188         on a specified date to be appointed to the new board,
  189         except for the district secretary of the department;
  190         requiring the members to be residents of the county,
  191         except for the district secretary of the department;
  192         requiring a specified number of voting members to be
  193         appointed by the governing body of the county;
  194         authorizing, at the discretion of the governing body
  195         of the county, up to a specified amount of the members
  196         appointed by the governing body of the county to be
  197         elected officials residing in the county; requiring a
  198         specified amount of voting members of the authority to
  199         be appointed by the Governor; requiring that the
  200         district secretary of the department from the
  201         appropriate district be an ex officio voting member;
  202         providing an effective date.