Florida 2022 2022 1st Special Session

Florida House Bill H0005 Introduced / Bill

Filed 12/09/2022

                       
 
HB 5A  	2022A 
 
 
 
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A bill to be entitled 1 
An act relating to toll relief; requiring the Florida 2 
Turnpike Enterprise to establish a toll relief program 3 
for a specified timeframe; defining terms; specifying 4 
the requirements for eligibility for account credits 5 
under the program; appropriating funds f or the 6 
Department of Transportation to reimburse the 7 
department, the Florida Turnpike Enterprise, and other 8 
Florida toll facilities and Florida toll facility 9 
entities for account credits issued under the program; 10 
requiring the department to ensure complian ce with 11 
certain covenants; prohibiting the department from 12 
using appropriated funds for specified purposes; 13 
authorizing the department to reimburse each Florida 14 
toll facility or Florida toll facility entity for the 15 
actual account credits issued, based on s pecified 16 
reports; requiring each Florida toll facility or 17 
Florida toll facility entity to submit certain 18 
documentation for reimbursement; providing for the 19 
reversion of unexpended funds; requiring the 20 
department to submit quarterly reports documenting 21 
specified reimbursements to the Governor and specified 22 
legislative entities; specifying the documentation to 23 
be submitted with the department's report; requiring 24 
the department to reconcile disbursements and 25     
 
HB 5A  	2022A 
 
 
 
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transfers, to transfer interest earned to the Genera l 26 
Revenue Fund, and to provide a quarterly report 27 
regarding reconciliation to the Governor and specified 28 
legislative entities; providing for expiration; 29 
providing an effective date. 30 
 31 
Be It Enacted by the Legislature of the State of Florida: 32 
 33 
 34 
 Section 1.  (1)  The Florida Turnpike Enterprise shall 35 
establish a toll relief program effective January 1, 2023, 36 
through December 31, 2023, for all Florida toll facilities or 37 
Florida toll facility entities that use a Florida -issued 38 
transponder or are interopera ble with the Department of 39 
Transportation's prepaid electronic transponder toll system. 40 
 (a)  As used in this subsection, the term: 41 
 1.  "Qualifying account" means a private prepaid SunPass 42 
account or another Florida -based electronic prepaid toll program 43 
account in good standing. 44 
 2.  "Qualifying transaction" means a paid transponder -based 45 
toll transaction incurred by a two -axle vehicle for travel on a 46 
Florida toll facility using a Florida issued transponder linked 47 
to a qualifying account. 48 
 (b)  A qualifying account that records 35 or more 49 
qualifying transactions per transponder per calendar month is 50     
 
HB 5A  	2022A 
 
 
 
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eligible for an account credit equal to 50 percent of the amount 51 
paid in that calendar month for the qualifying transactions per 52 
transponder. The account credi t shall be posted to the 53 
qualifying account the month after the credit is earned. 54 
 (c)  A SunPass or other transponder issued by a Florida 55 
toll entity must be linked to a qualifying account. 56 
 (2)  In order to facilitate this act, for the 2022 -2023 57 
fiscal year, the nonrecurring sum of $500 million from the 58 
General Revenue Fund is appropriated to the State Transportation 59 
Trust Fund for the Department of Transportation to reimburse the 60 
department, the Florida Turnpike Enterprise, and other Florida 61 
toll facilities or Florida toll facility entities for account 62 
credits issued for promotional purposes as authorized in s. 63 
338.161(1), Florida Statutes, and under the toll relief program 64 
created by this act. The department shall provide reimbursements 65 
to support compliance with covenants made with the bondholders 66 
of the department, the Florida Turnpike Enterprise, or other 67 
Florida toll facility entities which are in the trust indentures 68 
or resolutions adopted in connection with the issuance of such 69 
bonds. The department may not use appropriated funds for 70 
administration, contracted services, or expenses of the 71 
department, the Florida Turnpike Enterprise, a Florida toll 72 
facility or Florida toll facility entity, or any contractor or 73 
vendor thereof. 74 
 (3)  The department may reimburse each Florida toll 75     
 
HB 5A  	2022A 
 
 
 
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facility or Florida toll facility entities, as applicable, from 76 
appropriated funds for the amount of actual account credits 77 
issued, based upon auditable reports prepared by the Florida 78 
toll facility or Florida toll facility enti ties which aggregate 79 
the account credits issued. The reports must include any 80 
documentation required by the department to provide the 81 
department with sufficient information for reimbursement of 82 
account credits issued. 83 
 (4)  The unexpended balance of funds appropriated to the 84 
department for toll relief as of June 30, 2023, shall revert and 85 
is appropriated to the department for the same purpose for the 86 
2023-2024 fiscal year. Any unexpended balance of funds as of 87 
February 29, 2024, shall immediately revert to the General 88 
Revenue Fund. 89 
 (5)  The department shall submit quarterly reports to the 90 
Executive Office of the Governor and the chairs of the 91 
legislative appropriations committees documenting reimbursements 92 
issued under this program to the department, the Fl orida 93 
Turnpike Enterprise, and other Florida toll facilities and 94 
Florida toll facility entities. The department's report must 95 
include supporting documentation with auditable data to support 96 
the account credits issued. 97 
 (6)  By the end of the month followi ng each quarter, the 98 
department shall reconcile all disbursements and transfers for 99 
reimbursement, transfer to the General Revenue Fund all interest 100     
 
HB 5A  	2022A 
 
 
 
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earnings from the appropriated funds, and provide a report of 101 
reconciliation to the Executive Office of the Governor and the 102 
chairs of the legislative appropriations committees. 103 
 (7)  This act expires February 29, 2024. 104 
 Section 2.  This act shall take effect upon becoming a law. 105