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 base toll ...

DEPARTMENT OF TRANSPORTATION

RULE NO.: RULE TITLE:
14-15.018: Pavement Selection Process and Industry Involvement
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 base toll rates for all Department toll facilities, including Florida Turnpike System toll facilities. The rule is being substantially changed 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.
SUBJECT AREA TO BE ADDRESSED: 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, Florida’s Turnpike Enterprise segment of the Western Beltway, Part C, and the I-4/Selmon Expressway Interchange (Connector).
RULEMAKING AUTHORITY: 334.044(2), 338.155(1) FS.
LAW IMPLEMENTED: 338.155, 338.165, 338.222, 338.2216, 338.231 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, 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, [e-mail]
THE PERSON TO BE CONTACTED REGARDING A COPY OF THE PRELIMINARY TOLL RATE SCHEDULE IS: Carleen Flynn, Project Manager, Florida’s Turnpike Enterprise, Milepost 263, Florida’s Turnpike, Building 5315, Ocoee, Florida 34761
COPIES OF THE PRELIMINARY TOLL RATE SCHEDULE CAN BE FOUND AT: www.floridasturnpike.com/tools_tollratenotices.cfm

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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’s 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 payment methods offered on the various toll facilities, including cash transactions, SunPass pre-paid toll transactions, and TOLL-BY-PLATE video billing transactions.

(c) Toll Facilities.

1. The Department toll facilities 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, Florida’s Turnpike Enterprise 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 payment 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’s 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. Toll rates for the Department toll facilities, including Florida’s Turnpike System toll facilities, are subject to indexing as prescribed below:

1. No later than June 30, 2012, the base cash toll rate on all Department toll facilities, including Florida’s 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). The base toll rates for SunPass transactions on all Department toll facilities, including Florida’s 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. 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 toll rate for SunPass transactions 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 toll rate for TOLL-BY-PLATE transactions 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’s 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 334.044(2), 338.155(1) FS. Law Implemented 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,_________.