This rule is being amended to clarify provisions, define additional terms, provide for collection of tolls on facilities owned or operated by a public or private entity under agreement with the Department, eliminate unnecessary forms, increase the ...

 

DEPARTMENT OF TRANSPORTATION

RULE NOS.:RULE TITLES:

14-100.001Training and Qualification Standards for Toll Enforcement Officers

14-100.002Prosecution of Unpaid Toll Violations

14-100.003Variable Rate Tolls for Express Lanes

14-100.005Video Billing.

PURPOSE AND EFFECT: This rule is being amended to clarify provisions, define additional terms, provide for collection of tolls on facilities owned or operated by a public or private entity under agreement with the Department, eliminate unnecessary forms, increase the express lane minimum toll amount, provide an express lane maximum toll for a portion of I-95, address multi-axle vehicle usage of express lanes, and set penalties for express lane toll violators.

SUMMARY: These rule amendments provide for toll collection enforcement on facilities owned or operated by a private or public entity under agreement with the Department. Unnecessary forms and language, redundant to state statutes, have been eliminated. Defined terms have been added for clarity. The rule establishes a minimum express lane toll amount of .50 on non-Turnpike express lanes and at least .25 greater than the general toll on Turnpike express lanes. A maximum toll amount of $1.50 per mile is established for I-95 express lanes between Mile Marker 4 and Mile Marker 12, subject to increase if the maximum is reached more than 45 days in a six month period. A violation charge of $25 per trip is established for use of the express lane facility without a SunPass transponder or pre-paid account.

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 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: 316.640(1), 334.044(2), 338.155(1), 338.161(5), 338.166(4) FS.

LAW IMPLEMENTED: 316.1001, 316.640(1), 318.14(12), 334.044(16), 334.044(28), 338.155(1), 338.161(5), 338.165, 338.166(4), 338.2216, 338.231 FS.

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

DATE AND TIME: Tuesday, December 17, 2013, 6:00 p.m.

PLACE: This rulemaking hearing is being held as a statewide webinar proceeding which can be accessed by registering at the following website: www.floridasturnpike.com/tools_tollratenotices.cfm.

For those persons wishing to participate who do not have access to the World Wide Web can attend in person at one of several access points across the state.

SITE ACCESS LOCATIONS ARE ALSO LOCATED AT:

PLACE: Florida Department of Transportation, District 2 Urban Office Training Facility

2198 Edison Avenue, Jacksonville, FL 32204

PLACE: Florida Department of Transportation, District 4 Auditorium

3400 W. Commercial Boulevard, Ft. Lauderdale, FL 33309

PLACE: Florida Department of Transportation, District 6 Auditorium

1000 NW 111th Avenue, Miami, FL 33172

PLACE: Florida Department of Transportation, District 7 Auditorium

11201 North Malcolm McKinley Drive, Tampa, FL 33612

PLACE: Florida’s Turnpike Enterprise Headquarters Auditorium

Turnpike Mile Post 263, Building 5315, Ocoee, FL 34761

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: Carol Scott, Project Manager, Florida’s Turnpike Enterprise, Milepost 263, Florida’s Turnpike, Building 5315, Ocoee, Florida 34761. 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: Susan Schwartz, 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:

 

14-100.001 Training and Qualification Standards for Toll Enforcement Officers.

(1) Application and Scope. The purpose of this rule is to establish minimum training and qualification standards for toll enforcement officers. These standards shall be the minimum requirements necessary for eligibility to be a toll enforcement officer for the Department of Transportation (hereinafter Department). Toll enforcement officers are authorized to issue uniform traffic citations for failure to pay tolls on a toll facility owned or operated by a governmental entity, as defined in Section 334.03(11)(12), F.S., and on a toll facility owned by a public or private entity for which the Department collects tolls pursuant to an agreement between the Department and the private or public entity authorized by Section 338.161(5), F.S. This rule should not be construed to preclude a governmental entity operating a toll facility from establishing more stringent requirements for its toll enforcement officers.

(2) through (4) No change.

Rulemaking Authority 316.640(1), 334.044(2), 338.155, 338.161(5) FS. Law Implemented 316.1001, 316.640(1), 338.161(5), 338.2216 FS. History–New 10-21-97, Amended 8-13-00, 1-16-03, 5-3-09,_________.

 

14-100.002 Prosecution of Unpaid Toll Violations.

(1) Application and Scope. The purpose of this rule is to implement Section 316.1001, F.S., 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, F.S. Violators of Section 316.1001, F.S., at Department owned or operated toll facilities are subject to issuance of a UTC by the Department, and those toll facilities owned by a public or private entity for which the Department collects tolls pursuant to an agreement authorized by Section 338.161(5), F.S.

(b) For a toll facility not part of the Florida Turnpike System or otherwise owned by the Department and subject to this rule, all applicable toll rates for the use of the toll facility shall be established by the applicable private or public entity owning the toll facility in acordance with the owner’s govering laws, charter, ordinances, resolutions, rules and procedures. The private or public entity shall be responsible for establishing such toll rates on its own toll facilities.

(c)(b) After exhausting all internal Department SunPass database records, the license plate number of a motor vehicle alleged to have committed a toll violation shall be entered into forwarded to the Florida Department of Law Enforcement or the Department of Highway Safety and Motor Vehicles or other database to obtain the name and address of the registered owner for use in prosecution of toll violations.

(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, F.S. Mailing the citation to the registered owner’s address constitutes notification.

(b) A photographic image of a vehicle using a toll facility in violation of Section 316.1001, F.S., captured by the Violation Enforcement Ssystem (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) A Toll Enforcement Officer Observed Violation Form, Form SP050-A-004, Rev. 11/99, from a toll enforcement officer consisting of the written account of the toll enforcement officer’s observed facts and circumstances indicating that a prescribed toll was not paid shall be grounds for issuance of a UTC.

(c)(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.

(d)(e) Except as provided in Section 316.1001(2)(c), F.S., the The registered owner of the motor vehicle involved in a toll violation is responsible for payment of the amount provided for in Section 318.18, F.S., in addition to any amount that is imposed as a result of a plea, finding of guilt, or other disposition., unless the owner establishes that, at the time of the violation, the motor vehicle was in the care, custody, or control of another person. Such fact must be established in accordance with paragraph 14-100.002(4)(b), F.A.C., unless If 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. The Department’s toll enforcement officer(s), or his or her designee, shall review captured photographic images of vehicle license plates to ensure accuracy and data integrity. The toll enforcement officer(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 toll enforcement officer(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. Upon The final validation of violation data, and decision to issue a UTC shall be made by the toll enforcement officer(s), or designee, may cause a UTC to be issued. 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 fine, as well as instruction on how to contest the UTC.

(b) Upon receipt of a UTC, except as provided in Section 316.1001(2)(c), F.S., the registered owner of the motor vehicle involved in the violation is responsible for payment of the amount provided for in Sections 318.18(7) or 318.14(12), F.S., in addition to any amount that is imposed as a result of a plea, finding of guilt, or other disposition., unless the owner 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 Affidavit, Form SP050-A-003, Rev. 07/05, available for use in court.

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 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 Sections 318.18(7) or 318.14(12), F.S., in addition to any amount that is imposed as a result of a plea, finding of guilt, or other disposition.

(5) Forms. The following forms are incorporated by reference and made a part of this rule:

Form Number	Date	Title
SP050-A-002	07/05	Uniform Traffic Citation
SP050-A-003	07/05	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.

Rulemaking Authority 316.1001, 334.044(2), 338.155(1) FS. Law Implemented 316.1001, 334.044(28), 338.155, 338.161(5), 338.165, 338.2216, 338.231 FS. History–New 8-13-00, Amended 8-6-02, 4-16-06,_________.

 

(Substantial rewording of Rule 14-100.003 follows. See Florida Administrative Code for present text.)

 

14-100.003 Express Lane Tolling.

(1) Purpose. The intent of this rule is to establish criteria for express lane tolling by the Florida Department of Transportation.

(2) Definitions. Unless defined below, words, phrases, or terms contained herein shall have the definitions set forth in Chapters 316, 334, and 338, F.S. As used in this rule the following words, phrases, or terms shall mean:

(a) “Authorized user” means any person operating a motor vehicle in an express lane with an active SunPass transponder or interoperable transponder-based pre-paid account having sufficient funds to pay the applicable toll, or operating a motor vehicle which is exempt from payment of the applicable toll pursuant to Rule 14-100.004.

(b) “Department” means Florida Department of Transportation.

(c) “Electronic toll collection point” means the physical location at which a SunPass transponder or interoperable transponder is read and a separate toll assessed for operation of a motor vehicle in an express lane or general toll lane.

(d) “Express lane” means a travel lane delineated or physically separated from a general use lane or general toll lane within a roadway corridor in which toll amounts are set based on traffic conditions.

(e)“Free-flow” means conditions under which travel is unimpeded and motor vehicles are able to safely operate at speeds of at least 45 miles per hour in the express lanes.

(f) “General toll lane” means a tolled roadway lane within a toll facility that is not an express lane and for which the applicable toll amount for its use is not established by variable tolling.

(g) “General use lane” means an untolled roadway lane.

(h) “Multi-axle” means a vehicle with three or more axles.

(i) “Point of entry” means either the location at which a vehicle enters an express lane, or the location at which a vehicle on an express lane passes an electronic message sign where toll amount information is displayed.

(j) “Point of exit” means either the location at which a vehicle exits an express lane, or the location at which a vehicle on an express lane passes an electronic message sign where toll amount information is displayed.

(k) “Trip” means that portion of an express lane travelled by a vehicle between the point of entry and the point of exit from an express lane.

(l) “Variable tolling” means the setting of toll amounts in an express lane for authorized users based on the toll amount criteria set forth in this rule.

(m) “Violator” means the registered owner of a motor vehicle operated in an express lane without being an authorized user.

(3) Toll Rate Criteria for Variable Tolling:

(a) Toll amounts for authorized users in an express lane will be established and adjusted through the collection and analysis of traffic data such as traffic volume, operating speeds, level of service, and trend data in the express lane, general use lanes, general toll lanes, or a combination thereof, to promote free-flow traffic conditions.

(b) The minimum toll amount for authorized users of an express lane that is not on the Turnpike System will be $0.50. The minimum toll amount for authorized users of an express lane on the Turnpike System will be at least $0.25 greater than the SunPass toll amount for the general toll lane.

(c) The maximum toll amount for authorized users of the express lanes on Interstate 95 between Mile Marker 4 and Mile Marker 12 will not exceed $1.50 per mile. If those express lanes reach the maximum toll amount on any 45 days in a six month period, the maximum toll amount will increase by $0.50 per mile effective the first day of the following month. The maximum toll amount for authorized users of those express lanes will increase by $0.50 in any subsequent six month period meeting the same condition.

(4) Payment of express lane tolls is performed electronically through the SunPass transponder and associated pre-paid account or interoperable transponder and associated pre-paid account.

(5) Multi-axle vehicles are not allowed to operate on an express lane unless otherwise indicated by regulatory signage. If the Department allows multi-axle vehicles on an express lane, the multi-axle toll amount will be equal to the applicable two-axle toll amount divided by two, multiplied by the number of axles.

(6) Display of Toll Amounts:

(a) To the extent feasible, an electronic message sign in advance of each point of entry to an express lane from a general use lane will display the current toll amount from the point of entry to one or more exit locations. The current toll amount also will be displayed for one or more additional exit locations if travel is continued in the express lanes beyond the exit locations displayed on the signage prior to the point of entry.

(b) To the extent feasible, an electronic message sign in advance of each point of entry to an express lane from a general toll lane will display the current additional toll amount for the express lane above the toll amount for the general toll lane, from the point of entry to one or more exit locations.

(7) Violators shall be charged $25.00 per trip plus the applicable toll amount. A violator must pay the total invoice amount within 30 days from the date on the invoice. If an invoice is not paid in full within 30 days from the date on the invoice, a second invoice will be sent. If the toll violation amounts are not paid within 30 days after the date on the second invoice, a Uniform Traffic Citation will be issued or the amounts owed by the violator will be pursued to collection.

Rulemaking Authority 334.044(2), 338.155(1), 316.0741, 338.166(4), FS. Law Implemented 316.0741, 316.1001, 316.640(1), 318.14(12), 334.044(16), 335.02(3), 338.155(1), 338,165, 338.166(4), 338.2216, 338.231 FS. History–New 5-8-08, Amended __________.

 

14-100.005 Video Billing.

(1) Purpose. The purpose of this rule is to establish the process of video billing on the Florida Turnpike System and other Department owned toll facilities and on toll facilities owned by a public or private entity and for which, the Department collects tolls pursuant to an agreement between the Department and the private or public entity authorized by Section 338.161(5), F.S., unless otherwise indicated by this rule. Video billing provides an image-based method for the collection of tolls without the need for a transponder, while improving efficiency, reducing customer delay, and enhancing safety.

(2) through (5) No change.

(6) TOLL-BY-PLATE Toll Rate. TOLL-BY-PLATE toll customers shall pay the TOLL-BY-PLATE toll rate established in Rule 14-15.0081, for each facility that offers TOLL-BY-PLATE toll collection. For a toll facility not part of the Florida Turnpike System or otherwise owned by the Department and subject to this rule, all applicable toll rates for the use of the toll facility shall be established by the applicable private or public entity owning the toll facility in accordance with the owner’s governing laws, charters, ordinances, resolutions, rules and procedures. The private or public entity shall be responsible for establishing toll rates on its own toll facilities.

(7) through (8) No change.

(9) Unpaid Invoice. A TOLL-BY-PLATE customer has 30 calendar days from the date on the invoice to pay the total toll amount and the administrative charge. If the invoice has not been paid in full within those 30 days, a second invoice with an additional administrative charge will be sent. If the total amount of unpaid tolls and administrative charges is not paid within 30 days after the date on the second invoice notice, a Uniform Traffic Citation will be issued created and sent to the customer for each individual unpaid toll transaction associated with the original invoice or the amount owed will be sent to a collection agency or attorney for collection.

Rulemaking Authority 334.044(2), 338.155(1), 338.2216(1)(d) FS. Law Implemented 316.1001, 334.044(16), 338.155, 338.2216, 338.231(3)(b) FS. History–New 6-13-10, Amended____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Diane Gutierrez-Scaccetti, Turnpike Enterprise Executive Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ananth Prasad, P.E., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 19, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 16, 2013