Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 1392
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/27/2016 .
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The Committee on Transportation (Brandes) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 226 and 227
4 insert:
5 Section 8. Section 338.155, Florida Statutes, is amended to
6 read:
7 338.155 Payment of toll on toll facilities required;
8 exemptions; signage required.—
9 (1) A person may not use any toll facility without payment
10 of tolls, except employees of the agency operating the toll
11 project when using the toll facility on official state business,
12 state military personnel while on official military business,
13 handicapped persons as provided in this section, persons exempt
14 from toll payment by the authorizing resolution for bonds issued
15 to finance the facility, and persons exempt on a temporary basis
16 where use of such toll facility is required as a detour route.
17 Any law enforcement officer operating a marked official vehicle
18 is exempt from toll payment when on official law enforcement
19 business. Any person operating a fire vehicle when on official
20 business or a rescue vehicle when on official business is exempt
21 from toll payment. Any person participating in the funeral
22 procession of a law enforcement officer or firefighter killed in
23 the line of duty is exempt from toll payment. The secretary or
24 the secretary’s designee may suspend the payment of tolls on a
25 toll facility when necessary to assist in emergency evacuation.
26 The failure to pay a prescribed toll constitutes a noncriminal
27 traffic infraction, punishable as a moving violation as provided
28 in s. 318.18. The department may adopt rules relating to the
29 payment, collection, and enforcement of tolls, as authorized in
30 this chapter and chapters 316, 318, 320, and 322, including, but
31 not limited to, rules for the implementation of video or other
32 image billing and variable pricing. With respect to toll
33 facilities managed by the department, the revenues of which are
34 not pledged to repayment of bonds, the department may by rule
35 allow the use of such facilities by public transit vehicles or
36 by vehicles participating in a funeral procession for an active
37 duty military service member without the payment of tolls.
38 (2) Any person driving an automobile or other vehicle
39 belonging to the Department of Military Affairs used for
40 transporting military personnel, stores, and property, when
41 properly identified, shall, together with any such conveyance
42 and military personnel and property of the state in his or her
43 charge, be allowed to pass free through all tollgates and over
44 all toll bridges and ferries in this state.
45 (3) Any handicapped person who has a valid driver license,
46 who operates a vehicle specially equipped for use by the
47 handicapped, and who is certified by a physician licensed under
48 chapter 458 or chapter 459 or by comparable licensing in another
49 state or by the Adjudication Office of the United States
50 Department of Veterans Affairs or its predecessor as being
51 severely physically disabled and having permanent upper limb
52 mobility or dexterity impairments which substantially impair the
53 person’s ability to deposit coins in toll baskets, shall be
54 allowed to pass free through all tollgates and over all toll
55 bridges and ferries in this state. A person who meets the
56 requirements of this subsection shall, upon application, be
57 issued a vehicle window sticker by the Department of
58 Transportation.
59 (4) A copy of this section shall be posted at each toll
60 bridge and on each ferry.
61 (5) The Department of Transportation shall provide
62 envelopes for voluntary payments of tolls by those persons
63 exempted from the payment of tolls pursuant to this section. The
64 department shall accept any voluntary payments made by exempt
65 persons.
66 (6) Personal identifying information held by the Department
67 of Transportation, a county, a municipality, or an expressway
68 authority for the purpose of paying, prepaying, or collecting
69 tolls and associated administrative charges due for the use of
70 toll facilities is exempt from s. 119.07(1) and s. 24(a), Art. I
71 of the State Constitution. This exemption applies to such
72 information held by the Department of Transportation, a county,
73 a municipality, or an expressway authority before, on, or after
74 the effective date of the exemption. This subsection is subject
75 to the Open Government Sunset Review Act in accordance with s.
76 119.15 and shall stand repealed on October 2, 2019, unless
77 reviewed and saved from repeal through reenactment by the
78 Legislature.
79 (7) A toll facility must ensure the presence of signage
80 notifying drivers if cash payment of the applicable toll at such
81 facility is not an available option.
82
83
84 ================= T I T L E A M E N D M E N T ================
85 And the title is amended as follows:
86 Between lines 30 and 31
87 insert:
88 amending s. 338.155, F.S.; requiring a toll facility
89 to ensure the presence of signage notifying drivers if
90 cash payment is not an option;