Chapter 338 — Chapter 338
29 sections in this chapter.
Fla. Stat. § 338.01 Authority to establish and regulate limited access facilities
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(1) The department may establish limited access facilities as provided in s. 335.02. The primary function of such limited access facilities shall be to allow high-speed and high-volume traffic movements within the state. Access to abutting land is subordinate to this function, an…
Fla. Stat. § 338.04 Acquisition of property and property rights for limited access facility and service roads
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(1) Authorities may acquire private or public property and property rights for limited access facilities and service roads in the same manner as they are authorized to acquire property or property rights for highways, roads, and streets within their respective jurisdictions.(2) I…
Fla. Stat. § 338.151 Authority of the department to establish tolls on the State Highway System
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Notwithstanding s. 338.165(8), the department may establish tolls on new limited access facilities on the State Highway System, lanes added to existing limited access facilities on the State Highway System, new major bridges on the State Highway System over waterways, and replace…
Fla. Stat. § 338.155 Payment of toll on toll facilities required; exemptions
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(1)(a) A person may not use a toll facility without payment of tolls, except:1. An employee of the agency operating the toll project when using the toll facility on official state business.2. State military personnel while on official military business.3. A person with a disabili…
Fla. Stat. § 338.161 Authority of department or toll agencies to advertise and promote electronic toll collection; expanded uses of electronic toll collection system; authority of department to collect tolls, fares, and fees for private and public entities
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(1) The department may incur expenses for paid advertising, marketing, and promotion of toll facilities and electronic toll collection products and services. Promotions may include discounts and free products.(2) The department may receive funds from advertising placed on electro…
Fla. Stat. § 338.165 Continuation of tolls
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(1) The department, any transportation or expressway authority or, in the absence of an authority, a county or counties may continue to collect the toll on a revenue-producing project after the discharge of any bond indebtedness related to such project and may increase such toll.…
Fla. Stat. § 338.166 High-occupancy toll lanes or express lanes
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(1) Under s. 11, Art. VII of the State Constitution, the department may request the Division of Bond Finance to issue bonds secured by toll revenues collected on high-occupancy toll lanes or express lanes established on facilities owned by the department.(2) The department may co…
Fla. Stat. § 338.22 Florida Turnpike Enterprise Law; short title
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Sections 338.22-338.241 may be cited as the “Florida Turnpike Enterprise Law.”
Fla. Stat. § 338.221 Definitions
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As used in ss. 338.22-338.241, the following words and terms have the following meanings, unless the context indicates another or different meaning or intent:(1) “Bonds” or “revenue bonds” means notes, bonds, refunding bonds or other evidences of indebtedness or obligations, in e…
Fla. Stat. § 338.2215 Florida Turnpike Enterprise; legislative findings, policy, purpose, and intent
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It is the intent of the Legislature that the turnpike enterprise be provided additional powers and authority in order to maximize the advantages obtainable through fully leveraging the Florida Turnpike System asset. The additional powers and authority will provide the turnpike en…
Fla. Stat. § 338.2216 Florida Turnpike Enterprise; powers and authority
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(1)(a) In addition to the powers granted to the department, the Florida Turnpike Enterprise has full authority to exercise all powers granted to it under this chapter. Powers shall include, but are not limited to, the ability to plan, construct, maintain, repair, and operate the …
Fla. Stat. § 338.222 Department of Transportation sole governmental entity to acquire, construct, or operate turnpike projects; exception
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(1) No governmental entity other than the department may acquire, construct, maintain, or operate the turnpike system subsequent to the enactment of this law, except upon specific authorization of the Legislature.(2) The department may, but is not required to, contract with any l…
Fla. Stat. § 338.223 Proposed turnpike projects
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(1)(a) Any proposed project to be constructed or acquired as part of the turnpike system and any turnpike improvement shall be included in the tentative work program. A proposed project or group of proposed projects may not be added to the turnpike system unless such project or p…
Fla. Stat. § 338.225 Taking of public road for feeder road
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Before taking over any existing public road for maintenance and operation as a feeder road, the department shall obtain the consent of the governmental entity then exercising jurisdiction over the road, which governmental entity is authorized to give such consent by resolution. E…
Fla. Stat. § 338.227 Turnpike revenue bonds
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(1) The department is authorized to borrow money as provided by the State Bond Act for the purpose of paying all or any part of the cost of any one or more legislatively approved turnpike projects. The principal of, and the interest on, such bonds will be payable solely from reve…
Fla. Stat. § 338.2275 Approved turnpike projects
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(1) Legislative approval of the department’s tentative work program that contains the turnpike project constitutes approval to issue bonds as required by s. 11(f), Art. VII of the State Constitution. No more than $10 billion of bonds may be outstanding to fund approved turnpike p…
Fla. Stat. § 338.2276 Western Beltway turnpike project; financing
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Upon a determination of economic feasibility, as defined in s. 338.221(8), for part C of the Western Beltway turnpike project, which part extends from Florida’s Turnpike near Ocoee in Orange County southerly through Orange County and Osceola County to an interchange with I-4 near…
Fla. Stat. § 338.228 Bonds not debts or pledges of credit of state
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Turnpike revenue bonds issued under the provisions of ss. 338.22-338.241 are not debts of the state or pledges of the faith and credit of the state. Such bonds are payable exclusively from revenues pledged for their payment. All such bonds shall contain a statement on their face …
Fla. Stat. § 338.229 Pledge to bondholders not to restrict certain rights of department
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The state does pledge to, and agree with, the holders of the bonds issued pursuant to ss. 338.22-338.241 that the state will not limit or restrict the rights vested in the department to construct, reconstruct, maintain, and operate any turnpike project as defined in ss. 338.22-33…
Fla. Stat. § 338.231 Turnpike tolls, fixing; pledge of tolls and other revenues
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The department shall at all times fix, adjust, charge, and collect such tolls and amounts for the use of the turnpike system as are required in order to provide a fund sufficient with other revenues of the turnpike system to pay the cost of maintaining, improving, repairing, and …
Fla. Stat. § 338.232 Continuation of tolls upon provision for payment of bondholders and assumption of maintenance by department
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When all revenue bonds issued under the provisions of ss. 338.22-338.241 in connection with the turnpike system and the interest on the bonds have been paid, or an amount sufficient to provide for the payment of all such bonds and the interest on the bonds to the maturity of the …
Fla. Stat. § 338.234 Granting concessions or selling along the turnpike system; immunity from taxation
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(1) The department may enter into contracts or licenses with any person for the sale of services or products or business opportunities on the turnpike system, or the turnpike enterprise may sell services, products, or business opportunities on the turnpike system, which benefit t…
Fla. Stat. § 338.235 Contracts with department for provision of services on the turnpike system
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(1) The department is empowered to contract with any person for the purpose of providing a service on the turnpike system, including those services authorized in s. 338.234, which the department determines is necessary or desirable, and to review and adjust as appropriate the ter…
Fla. Stat. § 338.236 Staging areas for emergencies
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The Department of Transportation may plan, design, and construct staging areas to be activated during a declared state of emergency at key geographic locations on the turnpike system. Such staging areas must be used for the staging of emergency supplies, such as water, fuel, gene…
Fla. Stat. § 338.237 Municipal signs on the turnpike system rights-of-way; limitations
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Any incorporated municipality may maintain signboards along and upon the right-of-way of the turnpike system constructed hereunder, provided such signs meet the specifications as to location, frequency, construction, and design which are prescribed by the department. Any such sig…
Fla. Stat. § 338.239 Traffic control on the turnpike system
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(1) The department is authorized to adopt rules with respect to the use of the turnpike system, which rules must relate to vehicular speeds, loads and dimensions, safety devices, rules of the road, and other matters necessary to carry out the purposes of ss. 338.22-338.241. Insof…
Fla. Stat. § 338.241 Cash reserve requirement
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The budget for the turnpike system shall be so planned as to provide for a cash reserve at the end of each fiscal year of not less than 5 percent of the unpaid balance of all turnpike system contractual obligations, excluding bond obligations, to be paid from revenues.
Fla. Stat. § 338.2511 Deposit and use of funds in Toll Facilities Revolving Trust Fund
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The funds in the Toll Facilities Revolving Trust Fund and all future payments of obligated funds shall be deposited into the State Transportation Trust Fund to be expended for the purposes specified in s. 339.08.
Fla. Stat. § 338.26 Alligator Alley toll road
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(1) The Legislature finds that the construction of Alligator Alley, designated as State Highway 84 and federal Interstate Highway 75, has provided a convenient and necessary connection of the east and west coasts of Florida for commerce and other purposes. However, this state hig…