Florida Senate - 2019                                    SB 1406
       
       
        
       By Senator Flores
       
       
       
       
       
       39-00901-19                                           20191406__
    1                        A bill to be entitled                      
    2         An act relating to expressway tolls; creating s.
    3         338.157, F.S.; prohibiting a person operating a motor
    4         vehicle on an expressway from being charged a toll if
    5         the average speed of traffic on the expressway falls
    6         below 40 miles per hour; defining the term
    7         “expressway”; amending ss. 316.1001 and 338.155, F.S.;
    8         conforming provisions to changes made by the act;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 338.157, Florida Statutes, is created to
   14  read:
   15         338.157 Exemption from toll payment; traffic traveling
   16  below certain speed.—
   17         (1) Notwithstanding s. 338.166(5), if the average speed of
   18  traffic on an expressway falls below 40 miles per hour, a person
   19  operating a motor vehicle on such expressway may not be charged
   20  a toll for use of that expressway while the average speed of
   21  traffic remains below 40 miles per hour.
   22         (2) As used in this section, the term “expressway” has the
   23  same meaning as provided in s. 343.805 or s. 348.0002.
   24         Section 2. Subsection (1) of section 316.1001, Florida
   25  Statutes, is amended to read:
   26         316.1001 Payment of toll on toll facilities required;
   27  penalties.—
   28         (1) A person may not use any toll facility without payment
   29  of tolls, except as provided in s. 338.155 or s. 338.157.
   30  Failure to pay a prescribed toll is a noncriminal traffic
   31  infraction, punishable as a moving violation under chapter 318.
   32         Section 3. Paragraph (a) of subsection (1) of section
   33  338.155, Florida Statutes, is amended to read:
   34         338.155 Payment of toll on toll facilities required;
   35  exemptions.—
   36         (1)(a) A person may not use a toll facility without payment
   37  of tolls, except:
   38         1. An employee of the agency operating the toll project
   39  when using the toll facility on official state business.
   40         2. State military personnel while on official military
   41  business.
   42         3. A person with a disability as provided in subsection
   43  (3).
   44         4. A person exempt from toll payment by the authorizing
   45  resolution for bonds issued to finance the facility.
   46         5. A person exempt on a temporary basis where use of such
   47  toll facility is required as a detour route.
   48         6. A law enforcement officer operating an official vehicle
   49  while on official law enforcement business.
   50         7. A person operating a fire vehicle while on official
   51  business or a rescue vehicle while on official business.
   52         8. A person participating in the funeral procession of a
   53  law enforcement officer or firefighter killed in the line of
   54  duty.
   55         9. As provided in s. 338.157.
   56         Section 4. This act shall take effect July 1, 2019.