Rule 14-100.002, F.A.C., is being amended to comply with statutory revisions, incorporate new and revised forms, and include provisions for dealing with deferred payments of tolls and enforcement of such payments. SUMMARY: This is an amendment to ...

 

DEPARTMENT OF TRANSPORTATION

Departmental

RULE NO.: RULE TITLE:

14-100.002 Prosecution of Unpaid Toll Violations

PURPOSE AND EFFECT: Rule 14-100.002, F.A.C., is being amended to comply with statutory revisions, incorporate new and revised forms, and include provisions for dealing with deferred payments of tolls and enforcement of such payments.

SUMMARY: This is an amendment to Rule 14-100.002, F.A.C., mainly regarding the prosecution of unpaid toll violations in connection with unpaid toll notice receipts.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 334.044(2) FS., 316.1001 FS., 338.155(1) FS.

LAW IMPLEMENTED: 316.1001 FS., 334.044(28) FS., 338.155 FS., 338.165 FS., 338.231 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: James C. Myers, Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

14-100.002 Prosecution of Unpaid Toll Violations.

(1) Application and Scope. The purpose of this rule is to implement Section 316.1001, Florida Statutes, and provide guidance to toll enforcement officers for the issuance of Uniform Traffic Citations (UTC).

(a) It is in the public interest, fair to users who pay posted tolls, and necessary for toll collection and bond accountability, to enforce the payment of tolls and reduce the number of toll violations which occur when prescribed tolls are not paid by users of toll facilities. Failure to pay a prescribed toll is a violation of Section 316.1001, Florida Statutes. Violators of Section 316.1001, Florida Statutes, at Department owned or operated toll facilities are subject to issuance of a UTC by the Department.

(b) A violation of Section 316.1001, Florida Statutes, is punishable as a noncriminal moving traffic infraction under Section 318.18, Florida Statutes.

(b)(c) After exhausting all internal Department SunPass® Sunpass™ database records, the license plate number of a the motor vehicle alleged to have committed a toll violation shall be forwarded to the Florida Department of Law Enforcement or the Department of Highway Safety and Motor Vehicles to obtain the name and address of the registered owner for use in prosecution of toll violations. In the case of joint ownership of the motor vehicle, the UTC shall be issued to the individual whose name appears first on the motor vehicle registration.

(2) Issuance of a UTC.

(a) The registered owner of a vehicle, where the vehicle was observed proceeding through a facility at which the driver failed to pay the required toll, shall be subject to issuance of a UTC for a violation of Section 316.1001, Florida Statutes. Mailing the citation to the owner's address constitutes notification. The UTC shall be sent by certified U.S. mail to the address of the registered owner of the motor vehicle involved in the violation. The UTC shall be issued within 14 days of the alleged violation.

(b) A photographic image of a vehicle using a toll facility in violation of Section 316.1001, Florida Statutes, captured by the Violation Enforcement System (VES) camera at the toll lane, shall be grounds for issuance of a UTC to the registered owner of the motor vehicle alleged to be involved in the violation.

(c) An Toll Enforcement Officer Observed Violation Form, Form SP050-A-004, Rev. 11/99, from a tToll eEnforcement oOfficer consisting of the written account of the tToll eEnforcement oOfficer's observed facts and circumstances indicating that a prescribed toll was not paid shall be grounds for issuance of a UTC.

(d) Florida Turnpike Unpaid Toll Notice Receipt – Driver, SP050-A-006A, Rev. 07/05, and Florida Turnpike Unpaid Toll Notice Receipt – Department, SP050-A-006B, Rev. 07/05, signed by the driver, acknowledging and documenting inability to pay a required toll while in the toll lane or using the toll facility, where the driver fails to send the toll amount as prescribed in the receipt within 10 calendar days, shall be grounds for the issuance of a UTC to the driver.

(e)(d) The registered owner of the motor vehicle involved in a toll the violation is responsible for payment of the amount provided for in Section 318.18, Florida Statutes, in addition to any amount that is imposed as a result of a plea, finding of guilt, or other disposition pleading guilty or which is otherwise imposed by the court, unless the owner establishes that, at the time of the violation, the motor vehicle was not in the his or her care, custody, or control of another person. Such fact must be established in accordance with paragraph Rule 14-100.002(4)(b), F.A.C., unless the UTC was issued based on an unpaid toll notice receipt signed by the driver, in which case the requirement of the establishment of this fact by the registered owner is inapplicable.

(3) Validation of Digital Photographic Evidence.

(a) The Department's tToll eEnforcement oOfficer(s), or his or her designee, shall review captured photographic images of vehicle license plates to ensure accuracy and data integrity. The tToll eEnforcement oOfficer(s), or designee, shall also verify that the toll collection system and VES were performing properly, were functional, and were in operation at the time of the alleged toll violation. The tToll eEnforcement oOfficer(s), or designee, shall review the transaction data to ensure that those transactions immediately prior and subsequent to the alleged toll violation transaction were processed correctly. Such information shall be recorded on a Toll Transaction Report, Form SP050-A-005, Rev. 11/99, and shall be used in the processing of the UTC and in any judicial proceeding. The final decision of validation of violation data and decision to issue the issuance of a UTC shall be made by the tToll eEnforcement oOfficer(s). The requirements of this paragraph do not apply to the issuance of a UTC by a toll enforcement officer that is based on an unpaid toll notice receipt signed by the driver and subsequent failure by the driver to properly remit payment. In that instance, a toll enforcement officer shall have knowledge of the procedures and internal controls in place for receiving, processing, and documenting such deferred payments, and shall issue a UTC based upon verification of the failure of the driver to properly remit payment.

(4) Response to a UTC.

(a) The UTC shall inform the registered owner that the vehicle registered in his or her name was observed proceeding through a toll facility at which the driver failed to pay the required toll, and provide the registered owner of the options to pay the a fine, as well as in the event of noncontest of the UTC, and instruction on how to contest the UTC.

(b) Upon receipt of a UTC, the registered owner of the motor vehicle involved in the violation is responsible for payment of the amount provided for in Section 318.18(7) or 318.14(12), Florida Statutes, in addition to any amount that is imposed as a result of a plea, finding of guilt, or other disposition pleading guilty or which may be otherwise imposed by the court, unless the owner can establishes that the motor vehicle was, at the time of violation, in the care, custody, or control of another person. In order to establish such facts, the registered owner of the motor vehicle is required to appear before the court and complete a sworn affidavit.

1. The Department will make the Aaffidavit, Form SP050-A-003, Rev. 07/05 04/02, available for use in to the court. Should the court choose not to use the affidavit, Form SP050-A-003, Rev. 04/02, the court will provide an appropriate affidavit form.

2. Should the court accept the sworn affidavit from the owner, the UTC will be dismissed against the owner and the Department shall issue a UTC to the individual named in the affidavit as having had been in care, custody, or control of the vehicle.

(c) The requirements of paragraphs (4)(a) and (b), above do not apply where the issuance of the UTC is based on an unpaid toll notice receipt signed by the driver and subsequent failure by the driver to properly remit payment. In that instance, the UTC will inform the driver of that basis for the issuance of the UTC, and upon receipt of the UTC, the driver who signed the unpaid toll notice receipt, and subsequently failed to properly remit payment, is responsible for payment of the amount provided for in Section 318.18(7) or 318.14(12), Florida Statutes, in addition to any amount that is imposed as a result of a plea, finding of guilt, or other disposition.

 

Form Number	Date	Title
SP050-A-002	07/05 11/99	Uniform Traffic Citation
SP050-A-003	07/05 04/02	Affidavit
SP050-A-004	11/99	Toll Enforcement Officer Observed Violation Form
SP050-A-005	11/99	Toll Transaction Report
SP050-A-006A	07/05	Florida Turnpike Unpaid Toll Notice Receipt - Driver
SP050-A-006B	07/05	Florida Turnpike Unpaid Toll Notice Receipt - Department

 

Copies of these forms may be obtained from the Florida Department of Transportation, Toll Violation Enforcement, Post Office Box 880069, Boca Raton, Florida 33488-0069.

Specific Authority 334.044(2), 316.1001, 338.155(1) FS. Law Implemented 316.1001, 334.044(28), 338.155, 338.165, 338.231 FS. History–New 8-13-00, Amended 8-6-02, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Leigh Anne Yarbrough, Floridas Turnpike Enterprise, Toll Services Group

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Denver J. Stutler, Jr., P.E., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 13, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 16, 2005