Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1562
       
       
       
       
       
                               Ì4249700Î424970                          
       
       576-04058-17                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    1                        A bill to be entitled                      
    2         An act relating to limited access and toll facilities;
    3         amending s. 338.166, F.S.; authorizing the department
    4         to require use of an electronic transponder
    5         interoperable with the department’s electronic toll
    6         collection system for the use of high-occupancy toll
    7         lanes or express lanes; requiring, as of a specified
    8         date, that a customer be charged the minimum express
    9         lane toll if his or her average travel speed for a
   10         trip in an express lane falls below a specified rate;
   11         providing for measurement of a customer’s express lane
   12         average travel speed; amending s. 338.2216, F.S.;
   13         authorizing the Florida Turnpike Enterprise to require
   14         use of an electronic transponder interoperable with
   15         the department’s electronic toll collection system for
   16         the use of express lanes on the turnpike system;
   17         prohibiting variable pricing from being implemented in
   18         express lanes when the level of service in the express
   19         lane, determined in accordance with specified
   20         criteria, is equal to level of service A; specifying
   21         that variable pricing in express lanes when the level
   22         of service in the express lane is level of service B
   23         may only be implemented by charging the general toll
   24         lane toll amount plus a specified amount; providing
   25         that pricing in express lanes when the level of
   26         service is other than level of service A or B may vary
   27         in the manner established by the Florida Turnpike
   28         Enterprise to manage congestion in the express lanes;
   29         requiring, as of a specified date, that a customer be
   30         charged a general toll lane toll amount plus a
   31         specified amount if his or her average travel speed
   32         for a trip in an express lane falls below a specified
   33         rate; providing for measurement of a customer’s
   34         express lane average travel speed; amending s.
   35         338.231, F.S.; extending the timeframe during which
   36         the Department of Transportation must program
   37         sufficient funds in the tentative work program such
   38         that the percentage of turnpike toll and bond financed
   39         commitments in Miami-Dade County, Broward County, and
   40         Palm Beach County are at least a specified percent of
   41         a certain share of certain net toll collections;
   42         amending s. 348.0004, F.S.; providing applicability;
   43         requiring toll increases by authorities in certain
   44         counties to be justified by an independent study by a
   45         third party; providing an exception for an increase to
   46         adjust for inflation pursuant to a specified procedure
   47         for toll rate adjustments; requiring toll increases to
   48         be approved by a specified margin in a vote of the
   49         expressway authority board; prohibiting the amount of
   50         toll revenues used for administrative expenses by the
   51         authority from being greater than a specified
   52         percentage above the annual state average of
   53         administrative costs; requiring the Florida
   54         Transportation Commission to determine the annual
   55         state average of administrative costs based on the
   56         annual administrative expenses of all the expressway
   57         authorities of this state; authorizing the commission
   58         to adopt certain rules; conforming a cross-reference;
   59         authorizing authorities in certain counties to reduce
   60         toll charges up to a specified amount at the time that
   61         any toll is incurred for certain SunPass registrants,
   62         subject to certain requirements; prohibiting such
   63         authorities from imposing additional requirements for
   64         receipt of the reduced toll amount; requiring an
   65         authority in certain counties to determine its surplus
   66         revenues and deduct from the surplus revenues a
   67         prudent reserve as determined by the board; requiring
   68         such authority to dedicate a certain amount of the
   69         remaining surplus revenues after the deduction of a
   70         prudent reserve to transportation- and transit-related
   71         expenses for projects in municipalities and counties
   72         in which the authority operates; authorizing the
   73         authority to determine which specific transportation-
   74         and transit-related expenses to fund from proposals
   75         submitted by municipalities and counties; requiring
   76         the transportation- and transit-related expenses
   77         funded to have a rational nexus to the transportation
   78         facilities of the authority; requiring a rational
   79         nexus to demonstrate that the proposed transportation
   80         expenditure makes a substantial impact on the capacity
   81         or use of the transportation facilities of the
   82         authority or that the proposed transit expenditure
   83         complements the operation of, or expands the access
   84         to, the transportation facilities of the authority;
   85         requiring that an authority established in certain
   86         counties have an audit conducted by an independent
   87         third party not less than biennially; requiring the
   88         audit report be made publicly available on the
   89         authority’s website; creating s. 348.00115, F.S.;
   90         requiring authorities in certain counties to post
   91         certain information on a website; defining the term
   92         “contract”; providing an effective date.
   93          
   94  Be It Enacted by the Legislature of the State of Florida:
   95  
   96         Section 1. Present subsections (5) and (6) of section
   97  338.166, Florida Statutes, are redesignated as subsections (6)
   98  and (7), respectively, subsection (4) is amended, and a new
   99  subsection (5) is added to that section, to read:
  100         338.166 High-occupancy toll lanes or express lanes.—
  101         (4) The department may implement variable rate tolls on
  102  high-occupancy toll lanes or express lanes. The department may
  103  require use of an electronic transponder interoperable with the
  104  department’s electronic toll collection system for the use of
  105  high-occupancy toll lanes or express lanes.
  106         (5) Effective July 1, 2018, if a customer’s average travel
  107  speed for a trip in an express lane falls below 40 miles per
  108  hour, the customer must be charged the minimum express lane
  109  toll. A customer’s express lane average travel speed is his or
  110  her average travel speed from the customer’s entry point to the
  111  customer’s exit point.
  112         Section 2. Paragraph (d) of subsection (1) of section
  113  338.2216, Florida Statutes, is amended, and paragraph (e) is
  114  added to that subsection, to read:
  115         338.2216 Florida Turnpike Enterprise; powers and
  116  authority.—
  117         (1)
  118         (d) The Florida Turnpike Enterprise shall pursue and
  119  implement new technologies and processes in its operations and
  120  collection of tolls and the collection of other amounts
  121  associated with road and infrastructure usage. Such technologies
  122  and processes must include, without limitation, video billing
  123  and variable pricing. The Florida Turnpike Enterprise may
  124  require use of an electronic transponder interoperable with the
  125  department’s electronic toll collection system for the use of
  126  express lanes on the turnpike system. Variable pricing may not
  127  be implemented in express lanes when the level of service in the
  128  express lane, determined in accordance with the criteria
  129  established by the Transportation Research Board Highway
  130  Capacity Manual (5th Edition, HCM 2010), as amended from time to
  131  time, is equal to level of service A. Variable pricing in
  132  express lanes when the level of service in the express lane is
  133  level of service B may only be implemented by charging the
  134  general toll lane toll amount plus 25 cents. Except as otherwise
  135  provided in this subsection, pricing in express lanes when the
  136  level of service is other than level of service A or service B
  137  may vary in the manner established by the Florida Turnpike
  138  Enterprise to manage congestion in the express lanes.
  139         (e) Effective July 1, 2018, if a customer’s average travel
  140  speed for a trip in an express lane falls below 40 miles per
  141  hour, the customer must be charged the general toll lane toll
  142  amount plus 25 cents. A customer’s express lane average travel
  143  speed is his or her average travel speed from the customer’s
  144  entry point to the customer’s exit point.
  145         Section 3. Paragraph (a) of subsection (3) of section
  146  338.231, Florida Statutes, is amended to read:
  147         338.231 Turnpike tolls, fixing; pledge of tolls and other
  148  revenues.—The department shall at all times fix, adjust, charge,
  149  and collect such tolls and amounts for the use of the turnpike
  150  system as are required in order to provide a fund sufficient
  151  with other revenues of the turnpike system to pay the cost of
  152  maintaining, improving, repairing, and operating such turnpike
  153  system; to pay the principal of and interest on all bonds issued
  154  to finance or refinance any portion of the turnpike system as
  155  the same become due and payable; and to create reserves for all
  156  such purposes.
  157         (3)(a) For the period July 1, 1998, through June 30, 2027
  158  2017, the department shall, to the maximum extent feasible,
  159  program sufficient funds in the tentative work program such that
  160  the percentage of turnpike toll and bond financed commitments in
  161  Miami-Dade County, Broward County, and Palm Beach County as
  162  compared to total turnpike toll and bond financed commitments
  163  shall be at least 90 percent of the share of net toll
  164  collections attributable to users of the turnpike system in
  165  Miami-Dade County, Broward County, and Palm Beach County as
  166  compared to total net toll collections attributable to users of
  167  the turnpike system. This subsection does not apply when the
  168  application of such requirements would violate any covenant
  169  established in a resolution or trust indenture relating to the
  170  issuance of turnpike bonds. The department may at any time for
  171  economic considerations establish lower temporary toll rates for
  172  a new or existing toll facility for a period not to exceed 1
  173  year, after which the toll rates adopted pursuant to s. 120.54
  174  shall become effective.
  175         Section 4. Present subsections (6) through (9) of section
  176  348.0004, Florida Statutes, are redesignated as subsections (7)
  177  through (10), respectively, paragraph (e) of subsection (2) of
  178  that section is amended, and a new subsection (6), and
  179  subsections (11) and (12) are added to that section, to read:
  180         348.0004 Purposes and powers.—
  181         (2) Each authority may exercise all powers necessary,
  182  appurtenant, convenient, or incidental to the carrying out of
  183  its purposes, including, but not limited to, the following
  184  rights and powers:
  185         (e) To fix, alter, charge, establish, and collect tolls,
  186  rates, fees, rentals, and other charges for the services and
  187  facilities system, which tolls, rates, fees, rentals, and other
  188  charges must always be sufficient to comply with any covenants
  189  made with the holders of any bonds issued pursuant to the
  190  Florida Expressway Authority Act. However, such right and power
  191  may be assigned or delegated by the authority to the department.
  192         1. Notwithstanding any other provision of law to the
  193  contrary, but subject to any contractual requirements contained
  194  in documents securing any indebtedness outstanding on July 1,
  195  2017, in any county as defined in s. 125.011(1):
  196         a. The authority may not increase a toll unless the
  197  increase is justified to the satisfaction of the authority by a
  198  traffic and revenue study conducted by an independent third
  199  party, except for an increase to the extent necessary to adjust
  200  for inflation pursuant to the procedure for toll rate
  201  adjustments provided in s. 338.165.
  202         b. A toll increase must be approved by a two-thirds vote of
  203  the expressway authority board.
  204         c. The amount of toll revenues used for administrative
  205  expenses by the authority may not be greater than 10 percent
  206  above the annual state average of administrative costs
  207  determined as provided in this sub-subparagraph. The Florida
  208  Transportation Commission shall determine the annual state
  209  average of administrative costs based on the annual
  210  administrative expenses of all the expressway authorities of
  211  this state. For purposes of this sub-subparagraph,
  212  administrative expenses include, but are not limited to,
  213  employee salaries and benefits, small business outreach,
  214  insurance, professional service contracts not directly related
  215  to the operation and maintenance of the expressway system, and
  216  other overhead costs. The commission may adopt rules necessary
  217  for the implementation of this sub-subparagraph.
  218         2. Notwithstanding s. 338.165 or any other provision of law
  219  to the contrary, in any county as defined in s. 125.011(1), to
  220  the extent surplus revenues exist, they may be used for purposes
  221  enumerated in subsection (8) (7), provided the expenditures are
  222  consistent with the metropolitan planning organization’s adopted
  223  long-range plan.
  224         3. Notwithstanding any other provision of law to the
  225  contrary, but subject to any contractual requirements contained
  226  in documents securing any outstanding indebtedness payable from
  227  tolls, in any county as defined in s. 125.011(1), the board of
  228  county commissioners may, by ordinance adopted on or before
  229  September 30, 1999, alter or abolish existing tolls and
  230  currently approved increases thereto if the board provides a
  231  local source of funding to the county expressway system for
  232  transportation in an amount sufficient to replace revenues
  233  necessary to meet bond obligations secured by such tolls and
  234  increases.
  235         (6) Subject to compliance with any covenants made with the
  236  holders of any bonds issued pursuant to the Florida Expressway
  237  Authority Act, an authority in any county as defined in s.
  238  125.011(1) may, at the time that any toll is incurred, reduce
  239  the toll charged on any of the authority’s toll facilities by up
  240  to 10 percent for each SunPass registrant having an account in
  241  good standing and having the license plate of the vehicle or
  242  vehicles incurring the toll registered to the SunPass account at
  243  the time the toll is incurred. The authority may not impose
  244  additional requirements for receipt of the reduced toll amount.
  245         (11)Notwithstanding any other provision of the Florida
  246  Expressway Authority Act, an authority in any county as defined
  247  in s. 125.011(1) shall determine its surplus revenues as defined
  248  in s. 348.0002(12) and deduct from the surplus revenues a
  249  prudent reserve as determined by the board. The authority shall
  250  then dedicate at least 10 percent, but not greater than 30
  251  percent, of the remaining surplus revenues after the deduction
  252  of a prudent reserve to transportation- and transit-related
  253  expenses for projects in municipalities and counties in which
  254  the authority operates. The authority may determine which
  255  specific transportation- and transit-related expenses to fund
  256  from proposals submitted by municipalities and counties.
  257  Transportation- and transit-related expenses funded pursuant to
  258  this subsection must have a rational nexus to the transportation
  259  facilities of the authority and may include, but are not limited
  260  to, expenses associated with the planning, design, acquisition,
  261  construction, extension, rehabilitation, equipping,
  262  preservation, maintenance, or improvement of public
  263  transportation facilities, transit facilities, intermodal
  264  facilities, or multimodal corridors owned or operated by such
  265  municipality or county, and transit-related expenses that impact
  266  the capacity or use of the transportation facilities of the
  267  authority. For the purpose of this subsection, a rational nexus
  268  must demonstrate that the proposed transportation expenditure
  269  makes a substantial impact on the capacity or use of the
  270  transportation facilities of the authority, or that the proposed
  271  transit expenditure complements the operation of, or expands the
  272  access to, the transportation facilities of the authority.
  273         (12) An authority established in any county as defined in
  274  125.011(1) must have an audit conducted by an independent third
  275  party not less than biennially, and the audit report must be
  276  made publicly available on the authority’s website.
  277         Section 5. Section 348.00115, Florida Statutes, is created
  278  to read:
  279         348.00115 Public accountability.—An expressway authority in
  280  a county as defined in s. 125.011(1) shall post the following
  281  information on its website:
  282         (1) Audited financial statements and any interim financial
  283  reports.
  284         (2) Board and committee meeting agendas, meeting packets,
  285  and minutes.
  286         (3) Bond covenants for any outstanding bond issues.
  287         (4) Authority budgets.
  288         (5) Authority contracts. For purposes of this subsection,
  289  the term “contract” means a written agreement or purchase order
  290  issued for the purchase of goods or services or a written
  291  agreement for the receipt of state or federal financial
  292  assistance.
  293         (6) Authority expenditure data, which must include the name
  294  of the payee, the date of the expenditure, and the amount of the
  295  expenditure. Such data must be searchable by name of the payee,
  296  name of the paying agency, and fiscal year and must be
  297  downloadable in a format that allows offline analysis.
  298         (7) Information relating to current, recently completed,
  299  and future projects on authority facilities.
  300         Section 6. This act shall take effect July 1, 2017.