Florida Toll Ticket Statute s. 316.1001, F.S.
The Law Surrounding A Toll Ticket
Information provided by Eric J. Dirga, P.A., Orlando - Statewide Service
Last Updated: September 30, 2015
NOTE: Toll tickets usually end up costing a lot more than expected. This is true if you just pay the ticket. We suggest that you do not just pay toll ticket without first giving us a call. We take toll tickets to court and fight to get them reduced, dropped, or dismissed. This will only work if in the end you still save money. We strive to save you money.
Florida Statute Section 316.1001 - Payment Of Tolls
This section reads, in pertinent part, as follows:
A person may not use any toll facility without payment of tolls . . . Failure to pay a prescribed toll is a noncriminal traffic infraction, punishable as a moving violation . . . For the purpose of enforcing this section, any governmental entity . . . that owns or operates a toll facility may . . . authorize a toll enforcement officer to issue a uniform traffic citation for a violation of this section.
A citation issued under this subsection may be issued by mailing the citation by first-class mail or by certified mail to the address of the registered owner of the motor vehicle involved in the violation. Mailing the citation to such address constitutes notification. In the case of joint ownership of a motor vehicle, the traffic citation must be mailed to the first name appearing on the registration, unless the first name appearing on the registration is a business organization, in which case the second name appearing on the registration may be used. A citation issued under this paragraph must be mailed to the registered owner of the motor vehicle involved in the violation within 14 days after the date of issuance of the citation.
The owner of the motor vehicle involved in the violation is responsible and liable for payment of a citation issued for failure to pay a toll, unless the owner can establish the motor vehicle was, at the time of the violation, in the care, custody, or control of another person. In order to establish such facts, the owner of the motor vehicle is required, within 14 days after the date of issuance of the citation, to furnish to the appropriate governmental entity an affidavit setting forth:
1. The name, address, date of birth, and, if known, the driver license number of the person who leased, rented, or otherwise had the care, custody, or control of the motor vehicle at the time of the alleged violation; or
2. If stolen, the police report indicating that the vehicle was stolen at the time of the alleged violation.
Upon receipt of an affidavit the person designated as having care, custody, and control of the motor vehicle at the time of the violation may be issued a citation for failure to pay a required toll. The submission of a false affidavit is a misdemeanor of the second degree.
A written report of a toll enforcement officer to photographic evidence that a required toll was not paid is admissible in any proceeding to enforce this section and raises a rebuttable presumption that the motor vehicle named in the report or shown in the photographic evidence was used in violation of this section.
Toll Fine Amounts
The amount of the fine for toll tickets is a complex equation. As described in the statute below there are listed amounts and then there are plus amounts that are a mystery.
Any person cited for a violation of s. 316.1001 [not paying a toll] may, in lieu of [paying the fine of the toll ticket], elect to pay a fine of $25, or such other amount as imposed by the [Toll Agency], plus the amount of the unpaid toll that is shown on the traffic citation directly to the [Toll Agency] that issued the citation . . . within 30 days after the date of issuance of the citation. Any person cited for [not paying a toll] who does not elect to pay the fine imposed by the [Toll Agency] plus the amount of the unpaid toll that is shown on the traffic citation directly to the [Toll Agency] shall have an additional 45 days after the date of the issuance of the citation in which to request a court hearing or to pay the civil penalty and delinquent fee, if applicable, as provided in s. 318.18(7), either by mail or in person[.]
Section 318.18(7) states in part:
Mandatory $100 fine for each violation of [not paying a toll] plus the amount of the unpaid toll shown on the traffic citation for each citation issued. . . . However, a person may elect to pay $30 to the clerk of the court, plus the amount of the unpaid toll that is shown on the citation, in which case adjudication is withheld, and no points may be assessed[.] . . . Additionally, adjudication shall be withheld and no points shall be assessed . . . except when adjudication is imposed by the court after a hearing[.] If a plea arrangement is reached prior to the date set for a scheduled evidentiary hearing and, as a result of the plea, adjudication is withheld, there shall be a mandatory fine assessed per citation of not less than $50 and not more than $100, plus the amount of the unpaid toll for each citation issued. . . . The court shall have specific authority to consolidate issued citations for the same defendant for the purpose of sentencing and aggregate jurisdiction. In addition, the court may direct the department to suspend for 60 days the driver license of a person who is convicted of 10 violations of [not paying a toll] within a 36-month period.
Have you ever seen the sign in front of toll booths that claim a $100 fine for running the toll - this is where it comes from. However, when you add the
plus amount the $100 turns quickly into more than $100.
How Camera Enforced Toll Booths Work
When you pass a camera enforced toll booth without paying a notice will be sent to the registered owner of the car. The address used will be the address on the car registration. If you move you must make sure that you change this address. The first notice will ask for the toll amount and a small administration fee. If not paid a second notice is suppose to be sent. This will ask for the toll amount and $25. Only if this amount is not paid will a ticket be issued. Remember, these notices go to the address on the vehicle registration. If it's wrong you will not receive the notices.
Save Money and Save Your Drivers License
Florida toll violations are issued two different ways - either the police officer sees you run the toll booth or a camera takes a picture and the toll authority notifies you by letter (see above). Toll tickets usually come more than one to a pack. Each toll violation ticket can be over $200 at this point. Don't just pay the toll ticket because:
- We can usually save you money.
- We can usually prevent your drivers license from being suspended due to points.
If Your Drivers License Has Already Been Suspended, We Can Help
If your license was suspended due to toll violations call us immediately. Do not just pay them. Paying multiple toll violations is the sure way to lose money and possibly your drivers license. We can help get your driver's license back in most situations and negotiate your fines and possibly get some of your toll tickets dismissed.
Act Fast - Contact Us For More Information
If you have received a letter about a toll ticket - act fast! The earlier you act, the better position we can be in to negotiate your toll violation fines. We may be able to negotiate a smaller fine, have some toll tickets dismissed, determine if you have any other pending toll violations, and keep the points off your drivers license. Give us a call to find out more about our service.
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