The Florida Department of Transportation (Department) is proposing changes to Rule 14-15.0081, F.A.C., Toll Facilities Description and Toll Rate Schedule. Pursuant to Section 338.165(3), F.S., the Department is implementing indexing of tolls for all ...  


  • RULE NO.: RULE TITLE:
    14-15.0081: Toll Facilities Description and Toll Rate Schedule
    PURPOSE AND EFFECT: The Florida Department of Transportation (Department) is proposing changes to Rule 14-15.0081, F.A.C., Toll Facilities Description and Toll Rate Schedule. Pursuant to Section 338.165(3), F.S., the Department is implementing indexing of tolls for all Department toll facilities, including the Florida Turnpike System toll facilities. The rule is being amended to include an initial increase of cash toll rates based on indexing, an adjustment of SunPass and TOLL-BY-PLATE toll rates based on the indexed cash toll rates, and a methodology for indexing of toll rates in future years. Also, the method of calculating the multi-axle rates from the two-axle rate on the Sunshine Skyway Bridge and the Pinellas Bayway is being amended to equal the number of axles of each vehicle minus one, multiplied by the two-axle toll rate. In addition, toll rates for the I-4/Selmon Expressway Interchange (Connector) in Hillsborough County are being fixed as an all-electronic toll facility as part of the Florida Turnpike System. Indexing of toll rates on the Connector will start on the July 1st after one full year of operation, which is expected to open in summer of 2013.
    SUMMARY: The toll facilities affected by toll rate indexing are Alligator Alley (Everglades Parkway), Sunshine Skyway Bridge, Beachline East Expressway, Pinellas Bayway System, Florida’s Turnpike Mainline (Southern Coin, Ticket, and Northern Coin Systems, the Homestead Extension of Florida’s Turnpike (H.E.F.T.), 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, and the I-4/Selmon Expressway Interchange (Connector).
    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 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: Section 120.80(17), F.S., exempts the indexing of toll rates from the SERC requirement and legislative ratification.
    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) FS.
    LAW IMPLEMENTED: 338.155, 338.165, 338.222, 338.2216, 338.231 FS.
    A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
    DATE AND TIME: Tuesday, October 25, 2011, 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’s Turnpike Enterprise Headquarters Auditorium, Turnpike Mile Post 263, Building 5315, Ocoee, FL 34761
    PLACE Florida Department of Transportation, District 4 West Palm Beach Operations Auditorium, 7900 Forest Hill Boulevard, West Palm Beach, FL 33413
    PLACE Florida Department of Transportation, District 7 Executive Conference Room, 11201 North Malcolm McKinley Drive, Tampa, FL 33612
    PLACE Florida Department of Transportation, District 6 Sunguide Operations, 1000 NW 111th Avenue, Miami, FL 33172
    PLACE Florida Department of Transportation, District 1, Mike Rippe Auditorium, 801 N. Broadway, Bartow, Florida 33831
    PLACE Florida Department of Transportation, District 1, SWIFT Building Conf. Rm., 10041 Daniels Parkway, Fort Myers, FL 33913
    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: Carleen Flynn, 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: Deanna R. Hurt, Senior Attorney and Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458, deanna.hurt@dot.state.fl.us.

    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, adopted November 15, 1987, and amended on February 8, 1988, August 1, 1988, February 2, 1989, May 10, 1989, July 1, 1991, August 1, 1991, November 6, 1991, July 11, 1993, November 28, 1993, September 18, 1994, June 6, 1995, July 9, 1995, January 1, 1996, March 31, 1996, April 28, 1996, June 2, 1996, July 28, 1996, September 23, 1997, November 24, 1997, February 12, 1998, June 30, 1998, July 29, 1998, January 6, 1999, February 9, 1999, April 29, 1999, June 21, 1999, September 4, 2001, March 26, 2002, and April 10, 2003, October 1, 2003, December 11, 2003, March 7, 2004, May 20, 2004, November 1, 2005, February 5, 2006, July 27, 2006, October 26, 2006, January 15, 2007, and May 17, 2010, and________ 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 and any amendments thereto 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) For the purposes of this rule, the index used is the CPI published by the Bureau of Labor Statistics of the United States Department of Labor, which uses 1982-1984 as the base, and is the Annual Average for all expenditure items for all urban consumers, U.S. city average.

    (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 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, Beachline East Expressway, and Pinellas Bayway System.

    2. The Florida Turnpike System toll facilities affected by toll rate indexing are Florida’s Turnpike Mainline (Southern Coin, Ticket, and Northern Coin Systems, the Homestead Extension of Florida’s Turnpike (H.E.F.T.), 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, and I-4/Selmon Expressway Interchange (Connector).

    (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 Turnpike Ticket System, the multi-axle toll rates equal the number of axles of each vehicle minus one, multiplied by the base toll rate. 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 later than June 30, 2012:

    a. The base cash toll rate on all Department toll facilities, including Florida Turnpike System toll facilities, is being initially indexed using the percentage change between the CPI for year ending December 31, 2010, and the CPI for year ending December 31, 2005, which is 11.7%. The base cash toll rate will be adjusted to the next higher quarter ($0.25) on the 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).

    b. For all toll locations not having cash toll rates, the base TOLL-BY-PLATE toll rate for each of those locations on all Department toll facilities, including Florida Turnpike System toll facilities, is being initially indexed using the percentage change between the CPI for year ending December 31, 2010, and the CPI for year ending December 31, 2005, which is 11.7%. The base TOLL-BY-PLATE toll rate will be adjusted to the next higher quarter ($0.25) on the 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).

    c. The base toll rates for SunPass transactions on all Department toll facilities, including Florida Turnpike System toll facilities, except the Turnpike Ticket System, will be a quarter ($0.25) less than the adjusted base cash toll rate for each toll location, and 25% less than the adjusted base cash toll rate on the Turnpike Ticket System.

    d. TOLL-BY-PLATE toll rates are set to equal the adjusted base cash toll rate.

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

    a. Toll rates for SunPass transactions on all Department toll facilities, including Florida Turnpike System toll facilities, will be indexed annually using the base SunPass 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 second most recent year ended December 31st. CPI adjustments to the base SunPass toll rate will be rounded to the nearest penny ($0.01).

    b. Toll rates for 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 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 second most recent year ended December 31st. CPI adjustments to the base 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) If the resulting CPI ratio is negative, the CPI ratio for that year will be set to zero resulting in no toll rate increase that year.

    (h) Adjustments to toll rates will be published on the Department website: www.floridasturnpike.com/tools_tollrates.cfm.

    Rulemaking Specific Authority 334.048(3), 336.045(1) FS. Law Implemented 336.045 FS. History–New 1-22-76, Amended 7-13-81, 6-24-84, Formerly 14-15.02, Amended 8-25-86, 11-29-89, 11-1-94, 5-15-01, 7-9-02, 11-24-05, 10-16-07,_________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Diane Gutierrez-Scaccetti, Executive Director and Chief Executive Officer, Florida’s Turnpike Enterprise
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ananth Prasad, P.E., Secretary, Florida Department of Transportation
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 21, 2011
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 9, 2011

Document Information

Comments Open:
9/30/2011
Summary:
The toll facilities affected by toll rate indexing are Alligator Alley (Everglades Parkway), Sunshine Skyway Bridge, Beachline East Expressway, Pinellas Bayway System, Florida’s Turnpike Mainline (Southern Coin, Ticket, and Northern Coin Systems, the Homestead Extension of Florida’s Turnpike (H.E.F.T.), and the Beachline West Expressway), Polk Parkway, Sawgrass Expressway, Southern Connector Extension, Seminole Expressway, Suncoast Parkway, Veterans Expressway, the Florida Turnpike System ...
Purpose:
The Florida Department of Transportation (Department) is proposing changes to Rule 14-15.0081, F.A.C., Toll Facilities Description and Toll Rate Schedule. Pursuant to Section 338.165(3), F.S., the Department is implementing indexing of tolls for all Department toll facilities, including the Florida Turnpike System toll facilities. The rule is being amended to include an initial increase of cash toll rates based on indexing, an adjustment of SunPass and TOLL-BY-PLATE toll rates based on the ...
Rulemaking Authority:
334.044(2), 338.155(1) FS.
Law:
338.155, 338.165, 338.222, 338.2216, 338.231 FS.
Contact:
Deanna R. Hurt, Senior Attorney and Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458, deanna.hurt@dot.state.fl.us.
Related Rules: (1)
14-15.0081. Toll Facilities Description and Toll Rate Schedule