Rule 14-15.0081, F.A.C., is being amended to add a new toll rate schedule for the Gateway Expressway, a new limited access facility in Pinellas County, and to include the addition of three toll plazas to the toll schedule ....

 

DEPARTMENT OF TRANSPORTATION

RULE NO.:RULE TITLE:

14-15.0081Toll Facilities Description and Toll Rate Schedule

PURPOSE AND EFFECT: Rule 14-15.0081, F.A.C., is being amended to add a new toll rate schedule for the Gateway Expressway, a new limited access facility in Pinellas County, and to include the addition of three toll plazas to the toll schedule for the Suncoast Parkway to accommodate the construction of a new extension of the facility from US 98 to CR 486, and to add five new interchanges to the toll rate schedule for new access points along the following Turnpike System Facilities: Ridge Road interchange on the Suncoast Parkway, Braddock Road interchange on the Polk Parkway, NW 8th Street interchange on the Sawgrass Expressway, and the NW 170th Street and Sand Lake Road interchanges on the Turnpike Mainline. The toll rate schedules for Alligator Alley, Pinellas Bayway and Sunshine Skyway are also updated to establish TOLL-BY-PLATE rates on these facilities. The amendment also removes the “Northern Coin”, “Ticket System”, “Southern Coin”, and “Homestead Extension of Florida’s Turnpike” facility names along the Turnpike Mainline to reflect the transition of the coin and ticket systems to All-Electronic Tolling. The proposed amendments add the toll rates for the future Winter Lake Toll Plaza on the Polk Parkway, which will go in effect upon completion of the conversion of the Polk Parkway to All-Electronic Tolling. The amendment provides an update to the Beachline West Toll Rate reflecting a toll rate change by the Central Florida Expressway Authority on a portion of the facility which they own. The amendments provide updates to milepost numbers of toll gantries along the system, which were relocated due to all electronic tolling conversion to ensure milepost numbers are correct in the toll rate schedule.

SUMMARY: The rule is being amended to add new limited access facility, toll plazas, and interchanges and to update the toll rate schedule.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rule does not impose a regulatory cost. The use of toll roads and express lanes is at the driver’s option.

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.

RULEMAKING AUTHORITY: 334.044(2), 338.155(1)(c), 338.231, F.S.

LAW IMPLEMENTED: 334.044(16)(a), 338.155, 338.165, 338.222, 338.2216, 338.231, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Thursday, December 2, 2021, 6:00 p.m. EST (5:00 p.m. CST)

PLACE: The rule hearing is being held as a statewide webinar proceeding which can be accessed by registering at the following website: https://floridasturnpike.com/toll-rate-rule-development/.

For those persons wishing to participate in person may attend at one of the following locations:

PLACE; Florida’s Turnpike Enterprise Auditorium, Milepost 263, Building 5315, Ocoee, FL 34761.

PLACE: FDOT District 1 Mike Rippe Auditorium, 801 N. Broadway Ave., Bartow, Florida 33830.

PLACE: FDOT District 4 Auditorium, 3400 W. Commercial Blvd., Ft. Lauderdale, Florida 33309.

PLACE: FDOT District 6 Auditorium, 1000 N.W. 111th Ave., Miami, Florida 33172.

PLACE: FDOT District 7 Auditorium, 11201 N. Malcolm McKinley Drive, Tampa, Florida 33612.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Justin Hannah, Florida Turnpike, Milepost 263, Building 5315, Ocoee, FL 34761, [phone], [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Ashley Peacock, Assistant General Counsel, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

14-15.0081 Toll Facilities Description and Toll Rate Schedule.

(1) The Toll Facilities Description and Toll Rate Schedule, http://www.flrules.org/Gateway/reference.asp?No=Ref-13881 https://www.flrules.org/Gateway/reference.asp?No=Ref-08850, effective January 14, 2022 October 29, 2017, is hereby incorporated by this rule and made a part of the rules of the Department. Copies of this Department of Transportation Toll Facilities Description and Toll Rate Schedule are available at no more than cost.

(2) Toll Indexing. Toll rate schedules for the Department toll facilities, including Florida Turnpike System toll facilities, are subject to toll rate adjustments based on the annual Consumer Price Index (CPI).

(a) No change.

(b) Toll rates on these facilities distinguish between transaction methods offered on the various toll facilities, which are cash transactions, SunPass pre-paid toll transactions, and TOLL-BY-PLATE Toll-By-Plate video billing transactions. Not all transaction methods are offered at each toll facility.

(c) Toll Facilities.

1. The Department toll facilities, other than the Florida Turnpike System, affected by toll rate indexing will be Alligator Alley (Everglades Parkway), Sunshine Skyway Bridge, Pinellas Bayway System, and the Department of Transportation segment of the Wekiva Parkway between Milepost 41 and Milepost 54, and the Gateway Expressway.

2. The Florida Turnpike System toll facilities affected by toll rate indexing are Florida’s Turnpike Mainline, (SR 91,Southern Coin, Ticket, and Northern Coin Systems, the Homestead Extension of Florida’s Turnpike (HEFT or SR 821), and the Beachline West Expressway), Polk Parkway, Sawgrass Expressway, Southern Connector Extension, Seminole Expressway, Suncoast Parkway, Veterans Expressway, the Florida Turnpike System segment of the Western Beltway, Part C between Milepost 0 and Milepost 11, I-4 Connector, Beachline East Expressway, and First Coast Expressway.

(d) Base Toll Rates. The base toll rate is the two-axle toll rate for each of the toll transaction methods. On the Beachline East Expressway the base toll rate for the Department portion of the toll at the Beachline Main Plaza is $0.25.

(e) Multi-axle Toll Rate Calculations. On all the Department facilities, including Florida Turnpike System toll facilities, except for the segment of Florida’s Turnpike Mainline between Milepost 88 and Milepost 236 Turnpike Ticket System, the multi-axle toll rates equal the number of axles of each vehicle minus one, multiplied by the base toll rate. For the segment of Florida’s Turnpike Mainline between Milepost 88 and Milepost 236, On the Turnpike Ticket System the multi-axle toll rates equal the base rate divided by two and multiplied by the number of axles.

(f) Indexing of Toll Rates. Indexing of toll rates means adding to the toll rate in effect for the period immediately preceding the indexing adjustment the amount derived by multiplying the percentage change in the CPI times the toll rate in effect immediately preceding the indexing adjustment. Toll rates for the Department toll facilities, including Florida Turnpike System toll facilities, are subject to indexing as prescribed below:

1. No change.

a. No change.

b. No change.

c. No change.

d. No change.

2. Beginning on July 1, 2013, and on each subsequent July 1st thereafter:

a. No change.

b. Toll rates for TOLL-BY-PLATE Toll-By-Plate transactions on all Department toll facilities, including Florida Turnpike System toll facilities, will be indexed annually using the base TOLL-BY-PLATE Toll-By-Plate toll rate for the immediately preceding fiscal year multiplied by the percentage change of the CPI for the immediately preceding year ended December 31st compared to the CPI for the year second most recent year ended December 31st. CPI adjustments to the base TOLL-BY-PLATE Toll-By-Plate toll rate will be rounded to the nearest penny ($0.01).

3. Beginning July 1, 2017, and every fifth year thereafter, the base cash toll rate on all Department toll facilities, including Florida Turnpike System toll facilities, will be indexed using the base cash toll rate for the immediately preceding fiscal year multiplied by the percentage change of the CPI for the immediately preceding year ending December 31st compared to the CPI for the sixth most recent year ending December 31st. For adjustments to the base cash toll rate, if the CPI adjustment would cause any increase to the toll rate, then the new base cash toll rate will be adjusted to the next higher quarter ($0.25) for all Department toll facilities, including Florida Turnpike System toll facilities, except the Turnpike Ticket System, which will be adjusted to the next higher dime ($0.10).

(g) No change.

(h) Adjustments to toll rates will be published on the Department website: https://floridasturnpike.com/tolls/toll-rates/ www.floridasturnpike.com/travelorinfo/tollrates.html.

Rulemaking Authority 334.044(2), 338.155(1), 338.231 FS. Law Implemented 334.044(16), 338.155, 338.165, 338.222, 338.2216, 338.231 FS. History–New 11-15-87, Amended 2-8-88, 8-1-88, 2-2-89, 5-10-89, 7-1-91, 8-1-91, 11-6-91, 7-11-93, 11-28-93, 9-18-94, 6-6-95, 7-9-95, 1-1-96, 3-31-96, 4-28-96, 6-2-96, 7-28-96, 9-23-97, 11-24-97, 2-12-98, 6-30-98, 7-29-98, 1-6-99, 2-9-99, 4-29-99, 6-21-99, 9-4-01, 3-26-02, 4-10-03, 10-1-03, 12-11-03, 3-7-04, 5-20-04, 11-1-05, 2-5-06, 7-27-06, 10-26-06, 1-15-07, 5-17-10, 11-30-11, 2-19-14, 6-16-15, 3-20-16, 9-19-16, 2-15-18 ______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Nicola Liquori, Turnpike Enterprise Executive Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kevin Thibault, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 10, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 9, 2021