Florida Statute 316.1001 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.1001

316.1001 Payment of toll on toll facilities required; penalties.—

(1) A person may not use any toll facility without payment of tolls, except as provided in s. 338.155. Failure to pay a prescribed toll is a noncriminal traffic infraction, punishable as a moving violation under chapter 318.

(2)(a) For the purpose of enforcing this section, any governmental entity, as defined in s. 334.03, that owns or operates a toll facility may, by rule or ordinance, authorize a toll enforcement officer to issue a uniform traffic citation for a violation of this section. Toll enforcement officer means the designee of a governmental entity whose authority is to enforce the payment of tolls. The governmental entity may designate toll enforcement officers pursuant to s. 316.640(1).

(b) 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. In addition to the citation, notification must be sent to the registered owner of the motor vehicle involved in the violation specifying remedies available under ss. 318.14(12) and 318.18(7).

(c) 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 affidavit shall be admissible in a proceeding pursuant to this section for the purpose of providing that the person identified in the affidavit was in actual care, custody, or control of the motor vehicle. The owner of a leased vehicle for which a citation is issued for failure to pay a toll is not responsible for payment of the citation and is not required to submit an affidavit as specified in this subsection if the motor vehicle involved in the violation is registered in the name of the lessee of such motor vehicle.

(d) 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.

(3) The submission of a false affidavit is a misdemeanor of the second degree.

(4) Any governmental entity, including, without limitation, a clerk of court, may provide the department with data that is machine readable by the department’s computer system, listing persons who have one or more outstanding violations of this section, with reference to the person’s driver license number or vehicle registration number in the case of a business entity. Pursuant to s. 320.03(8), those persons may not be issued a license plate or revalidation sticker for any motor vehicle.

(5) Subsections (2)-(4) supplement the enforcement of this section by law enforcement officers, and this section does not prohibit a law enforcement officer from issuing a citation for a violation of this section in accordance with normal traffic enforcement techniques.

History.—s. 1, ch. 85-184; s. 16, ch. 93-164; s. 15, ch. 96-350; s. 26, ch. 97-300; s. 10, ch. 2003-286; s. 8, ch. 2006-290; s. 9, ch. 2010-225; s. 17, ch. 2012-174.

F.S. 316.1001 on Google Scholar

F.S. 316.1001 on Casetext

Amendments to 316.1001

Arrestable Offenses / Crimes under Fla. Stat. 316.1001

Level: Degree
Misdemeanor/Felony: First/Second/Third

S316.1001 3 - FRAUD-FALSE STATEMENT - SUBMIT FALSE AFFIDAVIT REGARDING TOLL - M: S

Civil Citations / Citable Offenses under S316.1001

R or S next to points is Mandatory Revocation or Suspension

S316.1001 TOLL - Failed to Pay - Points on Drivers License:

S316.1001 (1) TOLL - Failed to pay (when the customer pays to clerk the clerk can now withhold adjudication and no points will be assessed with verdict C) - Points on Drivers License: 3

S316.1001 (3) Submit false affidavit regarding Toll Note 1 - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases Citing Statute 316.1001

Total Results: 8

Miami-Dade Expressway Authority v. Tropical Trailer Leasing

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-27T00:53:00-07:00

Snippet: entire unpaid toll, not the trailer owner. See § 316.1001(2)(c), Fla. Stat. (2017). MDX has been imposing…violator’s information, as required in section 316.1001(2)(C)1., and 2., Florida Statutes (2017). As … (21) Motor vehicle.--Except when used in s. 316.1001, any self- propelled vehicle not operated…mobility device, or moped. For purposes of s. 316.1001, “motor vehicle” has the same meaning as in s.… ambiguity between the requirements in section 316.1001, requiring payment from the registered owner

Miami-Dade Expressway Authority v. Tropical Trailer Leasing

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-27T00:53:00-07:00

Snippet: entire unpaid toll, not the trailer owner. See § 316.1001(2)(c), Fla. Stat. (2017). MDX has been imposing…violator’s information, as required in section 316.1001(2)(C)1., and 2., Florida Statutes (2017). As a… (21) Motor vehicle.--Except when used in s. 316.1001, any self- propelled vehicle not operated…mobility device, or moped. For purposes of s. 316.1001, “motor vehicle” has the same meaning as in s.… ambiguity between the requirements in section 316.1001, requiring payment from the registered owner

Luis Torres Jimenez v. State of Florida, etc.

Court: Fla. | Date Filed: 2018-05-03T00:00:00-07:00

Citation: 246 So. 3d 219

Snippet: violations of payment of tolls.") (citing § 316.1001(2)(d), Fla. Stat. (2009) ). The toll violation…employees as toll enforcement officers." § 316.1001(2)(a), Fla. Stat. (2009) ; id.

Florida Department of Transportation v. Tropical Trailer Leasing, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2017-11-06T00:00:00-08:00

Citation: 229 So. 3d 1251

Snippet: erroneously interpreting sections 316.003(21) and 316.1001, Florida Statutes (2010), to authorize the Department…vehicle owner the toll pursuant'to section 316.1001, because the vehicle owner was the “person” who…in section 320.01(l)(a) for purposes of section 316.1001, Florida Statutes). CASE NO. 1D16-4586

Ago

Court: Fla. Att'y Gen. | Date Filed: 2009-02-03T23:53:00-08:00

Snippet: defendant is issued a citation for violating section 316.1001, Florida Statutes, and the defendant elects to…in section 318.18(7), Florida Statutes. Section 316.1001, Florida Statutes, requires the payment of tolls…) Mandatory $100 fine for each violation of s. 316.1001 plus the amount of the unpaid toll shown on the…person who is convicted of 10 violations of s. 316.1001 within a 36-month period. Any funds received by…: "Any person cited for a violation of s. 316.1001 may, in lieu of makingan election as set forth

Department of Transp. v. Baird

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-10T00:53:00-07:00

Citation: 992 So. 2d 378

Snippet: or SUNPASS toll violations pursuant to section 316.1001, Florida Statutes (2007), or sought any relief…enforcement of toll violations pursuant to F.S. 316.1001 (2007), the FDOT, Florida Turnpike Authority and…Judicial Circuit of Florida for violations of F.S. 316.1001 (2007) as against any prepaid or guaranteed account…filing of such citations for violation of F.S. 316.1001 (2007) by these authorities and their enforcement

Ago

Court: Fla. Att'y Gen. | Date Filed: 1997-01-23T23:53:00-08:00

Snippet: Statutes, states: "Except as provided in s. 316.1001(2), any person cited for an infraction under this…that a person sign and accept a citation, section 316.1001(2), Florida Statutes, allows a citation for failure…for SB 94, 1996 Legislative Session. 11 Cf., s. 316.1001(2)(b), Fla. Stat. (1995), authorizing the issuance…refuse to accept and sign a summons. 14 Section 316.1001(2)(b), Fla. Stat. (1995), requires that the citation

Rushing v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-12-12T23:53:00-08:00

Citation: 684 So. 2d 856

Snippet: . Stat. (1993) ("Except as provided in s. 316.1001(2) [pertaining to toll roads], any person cited