This rule is being amended to clarify provisions, define additional terms, and provide an exemption from express lane tolling for certain buses and vanpools.

 

DEPARTMENT OF TRANSPORTATION

RULE NOS.:RULE TITLES:

14-100.003Express Lane Tolling

14-100.00495 Express Toll Exemption Registration

14-100.005Video Billing.

14-100.006Department Express Lane Toll Registration Exemption

PURPOSE AND EFFECT: This rule is being amended to clarify provisions, define additional terms, and provide an exemption from express lane tolling for certain buses and vanpools.

SUMMARY: These rule amendments provide for tolling on and off the turnpike system. An exemption from express lane tolling is available for qualified buses and vanpools that register their vehicles. A per trip penalty for violators has been amended to a daily charge, instead of a per trip charge.

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. Costs for violators are not being increased and exemptions to tolling have been added.

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), and 338.155(1), 338.161(5) 338.166(4), F.S.

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, F.S.

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

DATE AND TIME: Monday, February 6, 2017, 6:00 p.m. EST (5:00 p.m. CST)

PLACE: This rule hearing is being held as a statewide webinar proceeding which can be accessed by registering at the following website: www.floridasturnpike.com/rulemakingnotice2017.html.

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

SITE ACCESS LOCATIONS ARE ALSO LOCATED AT:

Florida’s Turnpike Enterprise Headquarters Auditorium, Turnpike Mile Post 263, Building 5315, Ocoee, FL

Department of Transportation District 1 Mike Rippe Auditorium, 801 N. Broadway Avenue, Bartow, FL

Department of Transportation District 2 Urban Office Training Facility, 2198 Edison Avenue, Jacksonville, FL

Department of Transportation District 3 Design Conference Room A, 1074 Highway 90 East, Chipley, Fl

Department of Transportation District 4 Auditorium, 3400 W. Commercial Boulevard, Ft. Lauderdale, FL

Department of Transportation District 6 Auditorium, 1000 NW 111th Avenue, Miami, FL

Department of Transportation District 7 Auditorium, 11201 North Malcolm McKinley Drive, Tampa, FL

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 5 days before the workshop/meeting by contacting: Justin Hannah, Transportation Planner, Florida’s Turnpike Enterprise, Milepost 263, Florida’s Turnpike, Building 5315, Ocoee, Florida, 34761, [e-mail], [phone]. 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:

 

14-100.003 Express Lane Tolling.

(1) No change.

(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 two-axle motor vehicle, or a multi-axle vehicle when permitted by regulatory signage, in an express lane with a an active SunPass transponder-based pre-paid account, 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 or Rule 14-100.006. Two-axle motor vehicles that are leased or rented from a company and registered under a prepaid toll account program with the Department are also authorized for use in the express lanes.

(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.

(c)(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 tolls amounts are set based on traffic conditions.

(d)(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.

(e)(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.

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

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

(h) “Over-the-Road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment and operated by a for hire company registered on the US Federal Motor Carrier Safety Administration (USFMCSA) registration system.

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

(j) “Public transit bus” means a bus regularly scheduled for transport of the general public and owned, operated, rented, contracted, or leased by a governmental entity.             

(k) “School bus” means a bus regularly used for the transportation of prekindergarten, disability program, or kindergarten through grade 12 students of the public schools to and from school or to and from school activities and owned, operated, rented, contracted, or leased by any district school board.

(l) “Toll point” means the physical location at which a SunPass transponder, interoperable transponder, and/or license plate information is read and a toll is assessed to authorized users or violators operating a vehicle in an express lane or general toll lane. 

(m) “Transaction” is when a vehicle passes a toll point and incurs a toll.  An electronic record of each transaction contains vehicle and location information necessary for processing of the transaction.

(n) “Vanpool” means a van designed to transport seven or more passengers, including the driver, and registered by a public entity that is authorized by a local government or Metropolitan Planning Organization to register vanpools for transport of employees to and from their place of employment.

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

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

(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.

(3) Toll Rate Criteria for Variable Tolling:

(a) The variable toll of an express lane will be determined by Toll amounts for trip 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 for authorized users of an express lane that is not on the Turnpike System will be $0.50.

(c) The minimum toll for authorized users of an express lane on the Turnpike System will be as follows:

1. All authorized users, except for school buses, public transit buses, Over-the-Road buses, or vanpools that register in the manner described in subsection (3)(c)2, will pay at least $0.25 more than the SunPass toll for the general toll lanes that are adjacent to the express lanes.

2. School buses, public transit buses, Over-the-Road buses or vanpools will pay the SunPass toll for the general toll lane after properly registering with SunPass. This registration process will require:

a. Completion of the Express Lane Bus Application Registration Form, effective 2/1/17, incorporated herein at https://www.flrules.org/Gateway/reference.asp?No=Ref-07850 and available in electronic format at www.SunPass.com/BusReg to include: organization name, contact name, agency phone number, contact phone number, organization address, organization email address, motor vehicle license plate, make of motor vehicle, year of motor vehicle, personal identification number (PIN), transponder mini ID number (if already purchased), and existing SunPass account number, if applicable. Over-the-Road buses also must submit proof of registration with USFMCSA.

b. Submittal of completed application via the SunPass Express Lane Registration webpage at www.SunPass.com/BusReg; via email at [e-mail]; via fax to 888-265-1725; via telephone at 888-865-5351; or via US mail to FDOT, 7941 Glades Road, Boca Raton, Florida 33434.

c. Upon approval from SunPass and receipt of a SunPass mini transponder from SunPass for each exempt bus or van, the SunPass mini transponder assigned to the account must be properly affixed to the windshield of each corresponding registered bus or van.

d. Renewing registration annually prior to the expiration date. All registration information must be confirmed or updated as a part of the renewal and submitted by one of the means identified in subsection (3)(c)2.b.

(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.

(d)(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) Authorized users shall pay all express lane toll transactions. 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 or general toll lane will display the current toll for two-axle motor vehicles amount from the point of entry to one or more exit locations. The current toll for two-axle motor vehicles 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 or a continuation.

(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) Violations.

(a) Violators shall be charged pay $25.00 for each day that the violator has an express lane transaction plus:

1. for express lanes not on the Turnpike System, the express lane toll for each express lane transaction; or

2. for express lanes on the Turnpike System, the applicable axle-based toll for the general toll lanes that are adjacent to the express lanes, plus the applicable variable toll of at least $0.25 for each express lane transaction. per trip plus the applicable toll amount.

(b) A violator with a SunPass account or interoperable transponder-based pre-paid account, will have their account charged the express lane toll plus $25.00 for each day that the violator has an express lane transaction. A violator without a SunPass account must pay the total invoice amount, which will include an administrative charge in the amount established by Rule 14-100.005 (6), within 20 30 days from the date on the invoice date. If an invoice is not paid in full within 20 30 days from the date on the invoice date, a second invoice will be sent. If the total invoice amount is toll violations amounts are not paid within 20 30 days after the invoice date on the second invoice, the Department will pursue the amounts owed to collection to include: issuance of  a Uniform Traffic Citation for each individual unpaid toll transaction associated with the original invoice, initiation of a motor vehicle license plate or revalidation sticker registration hold or stop process pursuant to section 316.1001(4), Florida Statutes, or referral of  the total unpaid amounts owed to a collection agency or attorney for collection a Uniform Traffic Citation will be issued or the amounts owed by the violator will be pursued to collection. All subsequent invoices will include all unpaid amounts and will be subject to the same enforcement procedures stated above if not paid within 20 days from the invoice date.

Rulemaking Authority 334.044(2), 338.155(1), 338.166(4) FS. Law Implemented 316.1001, 316.640(1), 318.14(12), 334.044(16), 338.155(1), 338.165, 338.166(4), 338.2216, 338.231 FS. History–New 5-8-08, Amended 2-19-14, _______________.

 

14-100.004 95 Express Phases 1 and 2 Toll Exemption Registration.

The provisions of this section apply to the express lanes on I-95 from just south of SR 112/I-195 in Miami-Dade County to just north of I-595 in Broward County in Miami-Dade and Broward Counties.

(1) No change.

(2) South Florida Commuter Services (SFCS) along with SunPass are partnering to administer the fulfillment and registration process pertaining to this portion 95 Express Project. SFCS is the regional commuter assistance program funded by the Florida Department of Transportation. SunPass is the Florida Department of Transportation’s Prepaid Toll Program. This rule sets forth the process to register for exemption from payment of tolls on 95 Express Phases 1 and 2.

(3) Definitions.

(a) “95 Express Phases 1 and 2” is defined to mean the express lanes on I-95 from just south of SR 112/I-195 in Miami-Dade County to just north of I-595 in Broward County.

(4)(2) Exemptions. Tolls shall be collected from all vehicles using the express lanes, unless a valid exemption applies. The following qualify for an exemption from payment of tolls on 95 Express Phases 1 and 2:

(a) Carpools with three or more occupants, traveling to and from work in one motor vehicle, and registered in the manner described in subsection (6) (5) below. This exemption from payment of tolls on 95 Express Phases 1 and 2 shall not apply to any other express lanes.

(b) South Florida Vanpools, meeting the definition in Rule 14-100.006(2)(d) and registered pursuant to in the manner described in Rule 14-100.006(4) subsection (6) below.; This exemption from payment of tolls on 95 Express Phases 1 and 2 shall not apply to any other express lanes.

(c) Inherently Low Emission Vehicles (ILEV) or Hybrid vehicles, as defined in Section 316.0741, F.S., with valid Department of Motor Vehicles decals, and registered in the manner described in subsection (6)(5) below.; This exemption from payment of tolls on 95 Express Phases 1 and 2 shall not apply to any other express lanes.

(d) School buses meeting the definition in Rule 14-100.006(2)(c) and used by the Miami-Dade County Public School and the Broward County Public School systems, registered pursuant to in the manner described in Rule 14-100.006(4) subsection (6) below.;

(e) Public transit buses Buses meeting the definition in Rule 14-100.006(2)(b) and used by the Miami-Dade Transit Agency and Broward County Transit Agency, registered pursuant to in the manner described in Rule 14-100.006(4) subsection (6) below.;

(f) Over-the-Road Buses (OTRB) meeting the definition in Rule 14-100.006(2)(a) and, defined as vehicles operated by a for-hire company registered on the US Federal Motor Carrier Safety Administration (USFMCSA) registration system, characterized by an elevated passenger deck located over a baggage compartment and at least 35 feet in length with a capacity of 30 or more passengers, registered pursuant to in the manner described in Rule 14-100.006(4) subsection (6) below.; and,

(g) Motorcycles, as defined in Section 316.003, F. S. This exemption from payment of tolls on 95 Express Phases 1 and 2 shall not apply to any other express lanes.

(5)(3) Registered South Florida Vanpools and registered carpools shall only be granted free passage if the motor vehicle has the minimum number of occupants specified in subsection (5) (4)(a) below above; otherwise such user shall be required to pay the applicable tolls.

(4) South Florida Commuter Services (SFCS) along with SunPass are partnering to administer the fulfillment and registration process pertaining to the 95 Express Project. SFCS is the regional commuter assistance program funded by the Florida Department of Transportation. SunPass is the Florida Department of Transportation’s Prepaid Toll Program. This rule sets forth the process to register for exemption from payment of tolls on the 95 Express project.

(6)(5) With registration, Ddecals will be provided by SFCS for the following motor vehicles eligible for an exemption from payment of tolls on 95 Express Phases 1 and 2 for use of the express lanes: registered 3+ passenger occupant carpools, registered ILEV, and hybrid vehicles. and registered South Florida Vanpools. 3+ passenger carpools means at least three commuters traveling to and from work in one vehicle and properly registered by SFCS as a 3+ passenger carpool. An ILEV or a hybrid vehicle means a vehicle as defined in Section 316.0741, F.S. A South Florida Vanpool means a van meeting the registration requirements of the South Florida Vanpool Program. The South Florida Vanpool program is managed by the Miami-Dade County Metropolitan Organization with coordination from Broward County Metropolitan Planning Organization, and the Palm Beach Metropolitan County Planning Organization.

(a) 3+ Passenger Occupant Carpools:

1. All eligible carpools must register with SFCS pursuant to its requirements.

2. Registration will allow users to receive a “95 Express” decal that will allow them to use the express lanes without incurring tolls must be displayed in the manner required by SFCS.

3. SFCS will provide the “95 Express” registration form. The registration form requests: name, home address, work address, employer, home/work phone numbers, work schedule, driver license number, and state of motor vehicle registration.

4. 3+ Passenger Occupant carpool eligibility will be based on matching all of the following criteria:

Criteria	Configuration	Comments
Home Distance	3 2 mile radius	Participants must live within a two-mile radius. System will seek similar participants that live within a three mile radius. If participant’s commute distance is less than three miles, search radius will be 1/2 of distance
Work Distance	1 mile radius	Matched participants must work within a one-mile radius to have a positive match
Start Time/End Times	30 minutes	Participants must have a start/end work time within this timeframe to have a positive match

Notwithstanding the above criteria, SFCS will allow a carpool The only exception that will be allowed to the above criteria will be for carpools whose participants meet at a specified location, parking lot, park-n-ride or transit/multi-model facility that is located between the origin and work destination of all registered participants in the carpool.

5. If a driver of a motor vehicle with a registered 3+ passenger carpool decal receives two or more citations for failure to pay a required 95 Express toll under Section 316.1001, F.S., which results in a withhold of adjudication or an adjudication of guilt, when operating a motor vehicle with less than three passengers occupants, the 3+ passenger carpool decal will be revoked. Further, the driver, and the owner of the 3+ passenger carpool decal (if different), will not be eligible to apply for a 3+ passenger carpool decal for a period of one year from the revocation of the decal.

(b) ILEV and Hybrid Vehicles:

1. ILEV and hybrid vehicle owners in Miami-Dade and Broward counties with valid Florida DHSMV decals are eligible to register for toll exemption on 95 Express Phases 1 and 2. Eligible ILEV and hybrid vehicle owners who complete registration with SFCS will receive a decal for toll-free use of the 95 Express Phases 1 and 2 lanes.

2. ILEV and hybrid vehicle owners will be required to renew their 95 Express Phases 1 and 2 registration annually with SFCS based upon the anniversary date of the initial request.

(c) Registered South Florida Vanpools:

1. One decal will be sent to the primary driver of the vanpool.

2. One decal will be provided per van.

3. The 95 Express lanes are only to be used by South Florida Vanpools for commuting purposes only.

4. The “95 Express” decal will remain active as long as the South Florida Vanpool continues to be part of the South Florida Vanpool program.

(6) Miami-Dade County Public School, Broward County Public School, Miami-Dade Transit Agency, and Broward County Transit Agency buses are eligible to use the 95 Express and are exempt from paying tolls on 95 Express if their license plates have been registered with SFCS. The respective agencies shall provide and maintain current a license plate list of buses and school buses that may utilize the 95 Express and SFCS. Over-the-Road-Buses (OTRB) registered with USFMCSA are eligible to be exempt from paying tolls on 95 Express. OTRB owners or operators shall provide a copy of valid USFMCSA registration to SFCS in order to register to utilize the 95 Express. OTRB owner information, name, address, and license plate information shall be provided to SFCS and shall be updated annually by OTRB vehicle owners or operator.

Rulemaking Authority 334.044(2), 316.0741 FS. Law Implemented 316.0741, 316.1001, 316.640(1), 334.044(16), 335.02(3), 338.155(1), 338.165(7), 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) Definition. “TOLL-BY-PLATE” means an image-based video billing system using photographic images of a vehicle’s license plate to identify the customer responsible for toll payment.

(3) Process. If a vehicle passes through a toll collection facility and the toll payment is not made by either using cash, or a SunPass transponder account, or interoperable transponder-based pre-paid account, having sufficient funds to pay the applicable toll, a photographic image of the vehicles license plate will be captured at the toll lane and the first-listed registered owner of that vehicle, except as provided below, will be considered the TOLL-BY-PLATE customer. The license plate numbers (LPN) are extracted from the image of the vehicle’s license plate, and matched to the LPN for an existing TOLL-BY-PLATE account. If no TOLL-BY-PLATE account is found, the registered owner of the vehicle will be identified through a vehicle registration lookup process. The TOLL-BY-PLATE customer will have 10 days after using the toll facility to contact the Department by calling 1(888) TOLL-FLA (1 [phone]) or visiting www.sunpass.com to pay their toll or establish a pre-paid TOLL-BY-PLATE toll account as described in subsection (4). Currently, the Department may be contacted about these matters by calling 1(888) TOLL-FLA (1 [phone]). If the TOLL-BY-PLATE customer does not fully pay their tolls contact the Department within that 10-day period, an invoice of the accumulated toll amounts and an administrative charge as described in subsection (7), applicable to the first 14 days of transactions, will be mailed to the TOLL-BY-PLATE customer for payment. Any subsequent invoice will reflect the customer’s TOLL-BY-PLATE transactions for a one-month or shorter period of time. All subsequent invoices will be governed by subsection (7) and subsection (8). Any registered owner of a motor vehicle may be treated as the TOLL-BY-PLATE customer if for any reason the Department is unable to effectively invoice the first-listed registered owner.

(4) Establishment of accounts. TOLL-BY-PLATE accounts will be established by either the customer or the Department. Customers may establish a TOLL-BY-PLATE account by providing the motor vehicle LPN and specifying a pre-paid or post-paid account.

(a) Pre-Paid TOLL-BY-PLATE Accounts. TOLL-BY-PLATE customers have the option of establishing and maintaining a pre-paid toll account via credit or debit card, cash, check or money order deposits, from which applicable toll amounts will be debited. Pre-paid TOLL-BY-PLATE account customers whose balance is insufficient to cover the monthly accumulated toll amounts are subject to an invoice for the full toll amount and the administrative charge.

Customers may establish a TOLL-BY-PLATE account by providing the vehicle LPN and specifying a pre-paid or post-paid account.

(b) Post-Paid TOLL-BY-PLATE Accounts. Customers will receive an invoice for post-payment of toll amounts and applicable administrative charges. Invoice payments by post-paid TOLL-BY-PLATE customers’ will be applied to the oldest toll transaction first, or as specified by the account customer.

(c)(b) If a TOLL-BY-PLATE account has not been established by a customer within the 10-day period after the first toll transaction use, the Department will establish a post-paid account. Identification of the vehicle will be by review of the LPN image taken at the tolling facility, supplemented as necessary by identifying the vehicle’s characteristics and subsequent LPN lookup.

(5) Method of TOLL-BY-PLATE payment. TOLL-BY-PLATE accounts can be set up as pre-paid or post-paid accounts.

(a) Pre-Paid TOLL-BY-PLATE Accounts. Customers have the option of establishing and maintaining pre-paid toll account via credit or debit card, cash, check or money order deposits, from which applicable toll amounts will be debited. Pre-paid TOLL-BY-PLATE account customers whose balance is insufficient to cover the monthly accumulated toll amounts are subject to an invoice for the full toll amount and the administrative charge.

(b) Post-Paid TOLL-BY-PLATE Accounts. Customers will receive an invoice on a scheduled billing cycle for post-payment of toll amounts and applicable administrative charges. Invoice payments by post-paid TOLL-BY-PLATE account customers’ will be applied to the oldest toll transaction first, or as specified by the account customer.

(5)(6) TOLL-BY-PLATE Toll Rate. TOLL-BY-PLATE customers shall pay the TOLL-BY-PLATE toll rate established in Rule 14-15.0081, F.A.C., 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 or operating the toll facility in accordance with the owner or operator’s governing laws, charters, ordinances, resolutions, rules, and procedures, or other toll rate determination. The private or public entity shall be responsible for establishing toll rates on its own toll facilities.

(6)(7) Administrative Charges. The Department will establish and collect amounts to recover the costs of administering video billing. This amount covers the additional administrative costs of the Department, such as reviewing photographic images of license plates captured at the toll collection facilities, generating and sending invoices, processing payments received, managing accounts, and other related costs. The administrative charge shall be $2.50 per invoice.

(7)(8) TOLL-BY-PLATE Accounts and Toll Collection. TOLL-BY-PLATE customers with post-paid accounts will be sent an invoice at the end of the billing cycle that includes the administrative charge added to the invoice in addition to the unpaid toll amounts, as of the invoice date, based on the TOLL-BY-PLATE rate applicable to the tolling location, and any other unpaid amounts. For facilities that do not offer TOLL-BY-PLATE, the administrative charge will be added to each notice of unpaid toll, in addition to the unpaid toll amount based on the cash toll rate applicable to the location, and any other unpaid amounts.

(8)(9) Unpaid Invoice. A TOLL-BY-PLATE customer has 20 30days from the invoice date to pay the total toll amount and the administrative charge. If the invoice has not been paid in full within those 20 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 20 30 days after the invoice date on the second invoice, the Department will pursue the amounts owed to collection to include: issuance of  a Uniform Traffic Citation for each individual unpaid toll transaction associated with the original invoice, initiation of a motor vehicle license plate or revalidation sticker registration hold or stop process pursuant to section 316.1001(4), Florida Statutes, or referral of  the total unpaid amounts owed to a collection agency or attorney for collection. a Uniform Traffic Citation will be issued 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. All subsequent invoices will include all unpaid amounts and will be subject to the same enforcement procedures stated above if not paid within 20 days from the invoice date.

Rulemaking Authority 334.044(2), 338.155(1) FS. Law Implemented 316.1001, 334.044(16), 338.155, 338.2216, 338.231(3)(b) FS. History–New 6-13-10, Amended 2-19-14, ____________.

 

14-100.006 Department Express Lane Toll Exemption Registration.

(1) Purpose. The intent of this rule is to establish criteria for toll exemptions on express lanes owned by the Florida Department of Transportation, excluding Florida’s Turnpike System.

(2) Definitions.

(a) “Over-the-Road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment and operated by a for hire company registered on the US Federal Motor Carrier Safety Administration (USFMCSA) registration system.

(b) “Public transit bus” means a bus regularly scheduled for the transport of the general public and owned, operated, rented, contracted, or leased by a governmental entity.

(c) “School bus” means a bus regularly used for the transport of prekindergarten, disability program, or kindergarten through grade 12 students of the public schools to and from school or to and from school activities and owned, operated, rented, contracted, or leased by any district school board.

(d) “Vanpool” means a van designed to transport seven or more passengers, including the driver, and registered by a public entity that is authorized by a local government or Metropolitan Planning Organization to register vanpools for transport of employees to and from their place of employment.

(3) Exemptions. The following qualify for an exemption from payment of tolls on express lanes owned by the Florida Department of Transportation, excluding Florida’s Turnpike System.

(a) Public transit buses registered in the manner described in subsection (4) below;

(b) School buses registered in the manner described in subsection (4) below;

(c) Over-the-Road buses registered in the manner described in subsection (4) below; and

(d) Vanpools registered in the manner described in subsection (4) below.

(4) Registration. School buses, public transit buses, Over-the-Road buses or vanpools are exempt from paying tolls on express lanes owned by the Florida Department of Transportation, excluding Florida’s Turnpike System, after properly registering with SunPass. This registration process will require:

(a) Completion of Express Lane Bus Application Registration Form, effective 2/1/17, incorporated herein at    https://www.flrules.org/Gateway/reference.asp?No=Ref-07850 and available in electronic format at www.SunPass.com/BusReg to include: organization name, contact name, agency phone number, contact phone number, organization address, organization email address, motor vehicle license plate, make of motor vehicle, year of motor vehicle, personal identification number (PIN), transponder mini ID number (if already purchased), and existing SunPass account number, if applicable. Over-the-Road buses also must submit proof of registration with USFMCSA.

(b) Submittal of completed application via the SunPass Express Lane Registration webpage at www.SunPass.com/BusReg; via email at [e-mail]; via fax to 888-265-1725; via telephone at 888-865-5351; or via US mail to FDOT, 7941 Glades Road, Boca Raton, Florida 33434.

(c) Upon approval from SunPass and receipt of a SunPass mini transponder from SunPass for each exempt bus or van, the SunPass mini transponder assigned to the account must be properly affixed to the windshield of each corresponding registered bus or van.

(d) Renewing registration annually prior to the expiration date. All registration information must be confirmed or updated as a part of the renewal and submitted by one of the means identified in subsection (4)(b).

Rulemaking Authority 334.044(2), 316.0741 FS. Law Implemented 316.0741, 316.1001, 316.640(1), 334.044(16), 335.02(3), 338.155(1), 338.165(7), 338.231 FS. History–New _________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Floyd Holland, Turnpike Enterprise Toll Systems Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jim Boxold, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 7, 2016 and January 12, 2017