Florida Senate - 2017 SB 1562
By Senator Garcia
36-01229C-17 20171562__
1 A bill to be entitled
2 An act relating to expressway authorities; providing a
3 short title; amending s. 348.0004, F.S.; providing
4 applicability; requiring toll increases by authorities
5 in certain counties to be justified by an independent
6 study; providing that such authorities may only
7 increase tolls to the extent necessary to adjust for
8 inflation pursuant to a certain procedure for toll
9 rate adjustments; requiring toll increases to be
10 approved by a vote of the expressway authority boards;
11 limiting the amount of toll revenues such authorities
12 may use for administrative expenses; requiring a
13 certain distance between toll facilities on
14 transportation facilities constructed after a
15 specified date, subject to a certain restriction;
16 conforming a cross-reference; requiring authorities in
17 certain counties to establish a toll rebate program
18 having specified parameters; creating s. 348.00115,
19 F.S.; requiring authorities in certain counties to
20 post certain information on a website; defining the
21 term “contract”; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. This act may be cited as the “Toll Reform Act.”
26 Section 2. Present subsections (6) through (9) of section
27 348.0004, Florida Statutes, are redesignated as subsections (7)
28 through (10), respectively, paragraph (e) of subsection (2) of
29 that section is amended, and a new subsection (6) is added to
30 that section, to read:
31 348.0004 Purposes and powers.—
32 (2) Each authority may exercise all powers necessary,
33 appurtenant, convenient, or incidental to the carrying out of
34 its purposes, including, but not limited to, the following
35 rights and powers:
36 (e) To fix, alter, charge, establish, and collect tolls,
37 rates, fees, rentals, and other charges for the services and
38 facilities system, which tolls, rates, fees, rentals, and other
39 charges must always be sufficient to comply with any covenants
40 made with the holders of any bonds issued pursuant to the
41 Florida Expressway Authority Act. However, such right and power
42 may be assigned or delegated by the authority to the department.
43 1. Notwithstanding any other provision of law to the
44 contrary, but subject to any contractual requirements contained
45 in documents securing any indebtedness outstanding on July 1,
46 2017, in any county as defined in s. 125.011(1):
47 a. The authority may not increase a toll unless the
48 increase is justified to the satisfaction of the authority by a
49 traffic and revenue study conducted by an independent third
50 party.
51 b. The authority may only increase tolls to the extent
52 necessary to adjust for inflation pursuant to the procedure for
53 toll rate adjustments provided in s. 338.165.
54 c. A toll increase must be approved by a two-thirds vote of
55 the expressway authority board.
56 d. The authority may not use more than 10 percent of its
57 toll revenues for administrative expenses. For purposes of this
58 sub-subparagraph, administrative expenses include, but are not
59 limited to, employee salaries and benefits, small business
60 outreach, insurance, professional service contracts not directly
61 related to the operation and maintenance of the expressway
62 system, and other overhead costs.
63 e. On transportation facilities constructed after July 1,
64 2017, there must be a distance of at least 5 miles between toll
65 facilities. The authority may not increase a toll collected at
66 an individual toll facility to implement this sub-subparagraph.
67 2. Notwithstanding s. 338.165 or any other provision of law
68 to the contrary, in any county as defined in s. 125.011(1), to
69 the extent surplus revenues exist, they may be used for purposes
70 enumerated in subsection (8) (7), provided the expenditures are
71 consistent with the metropolitan planning organization’s adopted
72 long-range plan.
73 3. Notwithstanding any other provision of law to the
74 contrary, but subject to any contractual requirements contained
75 in documents securing any outstanding indebtedness payable from
76 tolls, in any county as defined in s. 125.011(1), the board of
77 county commissioners may, by ordinance adopted on or before
78 September 30, 1999, alter or abolish existing tolls and
79 currently approved increases thereto if the board provides a
80 local source of funding to the county expressway system for
81 transportation in an amount sufficient to replace revenues
82 necessary to meet bond obligations secured by such tolls and
83 increases.
84 (6) An authority in any county as defined in s. 125.011(1)
85 shall establish a toll rebate program having all of the
86 following parameters:
87 (a) Participants in the program include all SunPass
88 registrants having an account in good standing, with the license
89 plate of the vehicle or vehicles incurring the tolls for which a
90 rebate is required being registered to the SunPass account at
91 the time of any toll transaction during the applicable rebate
92 period.
93 (b) The authority may not require program participants to
94 complete any form of registration to be eligible for rebates.
95 (c) The authority shall provide on a biannual basis a
96 SunPass account credit to each participant incurring tolls on
97 the authority’s facilities in the amount of 3 percent of the
98 total tolls paid by the recipient for the applicable 6-month
99 period, with no minimum spending requirement.
100 Section 3. Section 348.00115, Florida Statutes, is created
101 to read:
102 348.00115 Public accountability.—An expressway authority in
103 a county as defined in s. 125.011(1) shall post the following
104 information on its website:
105 (1) Audited financial statements and any interim financial
106 reports.
107 (2) Board and committee meeting agendas, meeting packets,
108 and minutes.
109 (3) Bond covenants for any outstanding bond issues.
110 (4) Authority budgets.
111 (5) Authority contracts. For purposes of this subsection,
112 “contract” means a written agreement or purchase order issued
113 for the purchase of goods or services or a written agreement for
114 the receipt of state or federal financial assistance.
115 (6) Authority expenditure data, which must include the name
116 of the payee, the date of the expenditure, and the amount of the
117 expenditure. Such data must be searchable by name of the payee,
118 name of the paying agency, and fiscal year and must be
119 downloadable in a format that allows offline analysis.
120 (7) Information relating to current, recently completed,
121 and future projects on authority facilities.
122 Section 4. This act shall take effect July 1, 2017.