Florida Senate - 2021                                    SB 1350
       
       
        
       By Senator Jones
       
       
       
       
       
       35-01824-21                                           20211350__
    1                        A bill to be entitled                      
    2         An act relating to requirements for establishing or
    3         increasing tolls; creating s. 338.163, F.S.; requiring
    4         an increase of a current toll or the development of a
    5         new toll collection facility in a county with a
    6         certain population to be approved by the board of
    7         county commissioners; providing applicability;
    8         providing definitions; amending s. 338.165, F.S.;
    9         conforming provisions to changes made by the act;
   10         providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 338.163, Florida Statutes, is created to
   15  read:
   16         338.163 Establishment or increase of tolls in certain
   17  counties.—
   18         (1) Before a tolling authority may increase the rate of a
   19  current toll or develop a new toll collection facility on a
   20  public highway located in a county with a population of more
   21  than 1 million, the board of county commissioners of such county
   22  must approve such increase or development by a two-thirds vote
   23  at a regularly scheduled meeting of the board.
   24         (a) This subsection applies only to a toll increase or
   25  newly collected toll which has not been pledged to a project
   26  that is approved as of July 1, 2022.
   27         (b) This subsection does not apply to a project that is
   28  approved as of July 1, 2022, and to which funding has been
   29  allocated.
   30         (2) For purposes of this section, the term:
   31         (a) “Approved” means that a project is part of an executed
   32  contract or is warranted by official administrative action.
   33         (b) “Pledged” means that funds have officially been
   34  encumbered by contractual obligation or official administrative
   35  action.
   36         (c) “Tolling authority” means an entity that has the
   37  authority to implement a toll increase or develop a new toll
   38  collection facility, including, but not limited to, the
   39  department, the Florida Turnpike Enterprise, a transportation or
   40  expressway authority, a county, or any other entity having
   41  jurisdiction over a public highway.
   42         Section 2. Subsection (1) of section 338.165, Florida
   43  Statutes, is amended to read:
   44         338.165 Continuation of tolls.—
   45         (1) The department, any transportation or expressway
   46  authority or, in the absence of an authority, a county or
   47  counties may continue to collect the toll on a revenue-producing
   48  project after the discharge of any bond indebtedness related to
   49  such project and may increase such toll except as provided in s.
   50  338.163. All tolls so collected shall first be used to pay the
   51  annual cost of the operation, maintenance, and improvement of
   52  the toll project.
   53         Section 3. This act shall take effect July 1, 2022.