ENROLLED
       2022 Legislature                                          SB 6-A
       
       
       
       
       
       
                                                               20226Aer
    1  
    2         An act relating to toll relief; requiring the Florida
    3         Turnpike Enterprise to establish a toll relief program
    4         for a specified timeframe; defining terms; specifying
    5         the requirements for eligibility for account credits
    6         under the program; appropriating funds for the
    7         Department of Transportation to reimburse the
    8         department, the Florida Turnpike Enterprise, and other
    9         Florida toll facilities and Florida toll facility
   10         entities for account credits issued under the program;
   11         requiring the department to ensure compliance with
   12         certain covenants; prohibiting the department from
   13         using appropriated funds for specified purposes;
   14         authorizing the department to reimburse each Florida
   15         toll facility or Florida toll facility entity for the
   16         actual account credits issued, based on specified
   17         reports; requiring each Florida toll facility or
   18         Florida toll facility entity to submit certain
   19         documentation for reimbursement; providing for the
   20         reversion of unexpended funds; requiring the
   21         department to submit quarterly reports documenting
   22         specified reimbursements to the Governor and specified
   23         legislative entities; specifying the documentation to
   24         be submitted with the department’s report; requiring
   25         the department to reconcile disbursements and
   26         transfers, to transfer interest earned to the General
   27         Revenue Fund, and to provide a quarterly report
   28         regarding reconciliation to the Governor and specified
   29         legislative entities; providing for expiration;
   30         providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   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 interoperable 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 qualifying
   49  transactions per transponder per calendar month is eligible for
   50  an account credit equal to 50 percent of the amount paid in that
   51  calendar month for the qualifying transactions per transponder.
   52  The account credit shall be posted to the qualifying account the
   53  month after the credit is earned.
   54         (c) A SunPass or other transponder issued by a Florida toll
   55  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 facility
   75  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 entities 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 Florida
   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 following each quarter, the
   98  department shall reconcile all disbursements and transfers for
   99  reimbursement, transfer to the General Revenue Fund all interest
  100  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.