Florida/Georgia Personal Injury & Workers Compensation

...On appeal to the circuit court, Baird only challenged the denial of his motion to withdraw his plea and motion for reduction of legal penalty. Baird and the State were the only parties, and neither party challenged the enforcement of EPASS or SUNPASS toll violations pursuant to section 316.1001, Florida Statutes (2007), or sought any relief beyond correction of the county court's error in denying the stipulated motions....

...The circuit court wrote: The Court having determined that EPASS and SUNPASS users have license agreements for prepaid and guaranteed accounts with the authority of each service, and having found that these users are exempt from enforcement of toll violations pursuant to F.S. 316.1001 (2007), the FDOT, Florida Turnpike Authority and Orlando-Orange County Expressway Authority are hereby enjoined from filing any toll violation action in the Eighteenth Judicial Circuit of Florida for violations of F.S. 316.1001 (2007) as against any prepaid or guaranteed account holder who has entered an agreement with these authorities for EPASS or SUNPASS services. The Clerk of the Court of Seminole [County] and the Clerk of the Court of Brevard County are hereby *381 ordered to refuse the filing of such citations for violation of F.S. 316.1001 (2007) by these authorities and their enforcement officers or any other state agency with the authority to issue such citations until such time as the enforcement officer files a report under oath stating that such violator is not a prepa...

...iolations, which includes the use of cameras. See Fla. H.R. Policy Comm. on Roads, Bridges & Ports, HB 325 (2010) Staff Analysis 3 (Jan. 8, 2010) ("Cameras are permitted by current Florida law to enforce violations of payment of tolls.") (citing § 316.1001(2)(d), Fla. Stat. (2009) ). The toll violation statutory scheme authorized "a toll enforcement officer to issue" citations for toll violations and allowed toll operators to employ "independent contractors or designate employees as toll enforcement officers." § 316.1001(2)(a), Fla....

...vehicle’s rear license plate is obscured, the toll is assessed against the trailer owner, rather than the vehicle owner, as the trailer’s rear license plate remains visible. Tropical Trailer sued the Department for erroneously interpreting sections 316.003(21) and 316.1001, Florida Statutes (2010), to authorize the Department to assess tolls against the trailer owner, instead of the owner of the vehicle towing the trailer. Tropical Trailer asserted that its trailers were not “motor vehicles” within the meaning of section 316.003(21), and that the Department should have charged the vehicle owner the toll pursuant to section 316.1001, because the vehicle owner was the “person” who “used” the toll road....

...orida Statutes (2011), which became effective on July 1, 2012, redefined “motor vehicle” to include “trailers.” Ch. 2012-174, Laws of Fla.; see § 316.003(21), Fla. Stat. (2012) (adopting meaning found in section 320.01(1)(a) for purposes of section 316.1001, Florida Statutes). 5  Class B -- DAMAGES AND INJUNCTIVE RELIEF: All trailer owners whose trailer license tag was used by [the Department] between 10/14/10 and 6/...

...3 These drivers allegedly smudge or obscure the tractor plate to avoid MDX detection. Plaintiffs argued that Florida statutes make a driver ultimately responsible for the entire unpaid toll, not the trailer owner. See § 316.1001(2)(c), Fla....

...The Plaintiffs have no practical way of identifying the drivers towing their trailers. This makes it impossible for the Plaintiffs to track down the toll violator to compel immediate payment of the toll, or to avoid the toll by providing MDX a timely affidavit with the toll violator’s information, as required in section 316.1001(2)(C)1., and 2., Florida Statutes (2017)....

...be assessed any toll under the pre-2012 statute. 4  In 2012, however, the legislature amended section 316.003(21), defining “motor vehicle” as: (21) Motor vehicle.--Except when used in s. 316.1001, any self- propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped. For purposes of s. 316.1001, “motor vehicle” has the same meaning as in s. 320.01(1)(a). § 316.003(21), Fla....

...ailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state . . . . The 2012 amendment to the section 316.003(21) definition arguably created an ambiguity between the requirements in section 316.1001, requiring payment from the registered owner of the motor vehicle committing the toll violation, and the now- undefined responsible party for the toll when there were several owners involved in a “truck tractor and semitrailer c...

...3 These drivers allegedly smudge or obscure the tractor plate to avoid MDX detection. Plaintiffs argued that Florida statutes make a driver ultimately responsible for the entire unpaid toll, not the trailer owner. See § 316.1001(2)(c), Fla....

...The Plaintiffs have no practical way of identifying the drivers towing their trailers. This makes it impossible for the Plaintiffs to track down the toll violator to compel immediate payment of the toll, or to avoid the toll by providing MDX a timely affidavit with the toll violator’s information, as required in section 316.1001(2)(C)1., and 2., Florida Statutes (2017)....

...railers were not self-propelled, they could not be assessed any toll under the pre-2012 statute. In 2012, however, the legislature amended section 316.003(21), defining “motor vehicle” as: (21) Motor vehicle.--Except when used in s. 316.1001, any self- propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped. For purposes of s. 316.1001, “motor vehicle” has the same meaning as in s. 320.01(1)(a). § 316.003(21), Fla....

...ailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state . . . . The 2012 amendment to the section 316.003(21) definition arguably created an ambiguity between the requirements in section 316.1001, requiring payment from the registered owner of the motor vehicle committing the toll violation, and the now-undefined responsible party for the toll when there were several owners involved in a “truck tractor and semitrailer co...

...umstances. Violations of Chapter 316 , Florida Statutes, with the exception of criminal offenses enumerated therein, are noncriminal infractions for which individuals are cited. 12 Section 318.14 (2), Florida Statutes, states: "Except as provided in s. 316.1001 (2), any person cited for an infraction under this section must sign and accept a citation indicating a promise to appear....

...The officer may indicate on the traffic citation the time and location of the scheduled hearing and must indicate the applicable civil penalty established in s. 318.18 ." 13 As an exception to this general requirement that a person sign and accept a citation, section 316.1001 (2), Florida Statutes, allows a citation for failure to pay a prescribed toll to be issued by certified mail, return receipt requested, to the address of the registered owner of the motor vehicle involved in the violation....

...1, CS for SB 94, 1996 Legislative Session. 7 See , s. 1(1), CS for SB 94, 1996 Legislative Session. 8 See , s. 1(3), CS for SB 94, 1996 Legislative Session. 9 See , s. 1(4), CS for SB 94, 1996 Legislative Session. 10 See , s. 1(5), CS for SB 94, 1996 Legislative Session. 11 Cf ., s. 316.1001 (2)(b), Fla....

...citations were issued to motorists who ran the light. 12 See , s. 318.14 (1), Fla. Stat. (1995). 13 Section 318.14 (3), Fla. Stat. (1995), makes it a misdemeanor of the second degree for a person to willfully refuse to accept and sign a summons. 14 Section 316.1001 (2)(b), Fla....

defendant is issued a citation for violating section 316.1001, Florida Statutes, and the defendant elects