Are unmarked police cars exempt from tolls in Florida?

Subject

Tolls

Plain-English summary

The president of the Tampa Bay Area Chiefs of Police Association asked the Attorney General for help extending Florida's toll exemption to unmarked police vehicles. The AG declined to address it in a formal opinion and explained where the question really belongs.

Section 334.044(16)(a) gives the Florida Department of Transportation broad authority to operate toll facilities and to fix and collect tolls. Section 338.155(1) requires everyone using toll facilities to pay, with specific exceptions, including "[a]ny law enforcement officer operating a marked official vehicle is exempt from toll payment when on official law enforcement business," plus exemptions for fire and rescue vehicles on official business. The key word is "marked." By the statute's plain language, only marked law enforcement vehicles are exempt, so unmarked police cars are not.

Because FDOT has administrative authority over the state's toll roads, the AG deferred to that agency and suggested contacting FDOT to see whether the issue could be handled in departmental rules. Ultimately, the AG said, expanding the exemption is something that may need the Legislature. The opinion noted that during the 2014 session, Senate Bill 1560 had tried to exempt school buses from tolls but died in committee, an illustration of the legislative route. The AG also restated the interpretive rule that statutory exemptions are construed narrowly and no additional ones may be implied.

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Which vehicles are exempt from Florida tolls under this statute?
Section 338.155(1) exempts a law enforcement officer operating a marked official vehicle when on official law enforcement business, and a person operating a fire vehicle or rescue vehicle on official business. The exemption for police turns on the vehicle being "marked."

Does the exemption cover unmarked police cars?
No. The AG read the statute's plain language to exempt only marked law enforcement vehicles, so unmarked vehicles are not within the statutory exemption.

Why didn't the AG just decide the question?
Because FDOT has administrative authority over the state's toll roads, the AG deferred to that agency and said the matter was not one for a formal opinion. The AG suggested asking FDOT whether departmental rules could address it.

How could the exemption be expanded?
The AG pointed to the Legislature, noting that working with a legislative delegation to amend the statute may be necessary, and citing the 2014 Senate Bill 1560 (a school-bus toll exemption that died in committee) as an example of the legislative path.

Background and statutory framework

Florida's toll system is administered by the Department of Transportation. Section 334.044(16)(a) lists FDOT's powers, including planning, operating, and maintaining toll facilities and fixing and collecting tolls. Section 338.155(1) imposes the general duty to pay tolls and sets out the limited exemptions, including marked law enforcement vehicles on official business and fire and rescue vehicles on official business.

The AG applied the settled rule that statutory exemptions are narrowly construed and that no exemptions beyond those listed may be implied. Combined with FDOT's administrative authority over toll roads, that led the office to defer the unmarked-vehicle question to the agency or the Legislature rather than resolve it by opinion.

Citations

• Section 338.155, Florida Statutes (including (1)); section 334.044(16)(a), Florida Statutes

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/tolls
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8084

Original opinion text

Mr. Kenneth R. Albano

President

Tampa Bay Area Chiefs of Police Association

Post Office Box 66128

Saint Pete Beach, Florida 33706

Dear Chief Albano:

This office has received your request for assistance in extending the statutory exemption for the payment of tolls to unmarked police vehicles under section 338.155, Florida Statutes. Attorney General Bondi has asked that I respond to your correspondence. Regrettably, the matter is one that may not be addressed in a formal opinion and, due to the administrative authority of the Florida Department of Transportation over the toll roads of this state, this office would defer to that agency for further clarification. Ultimately, this is a matter which may need to be addressed by the Legislature.

Section 334.044(16)(a), Florida Statutes, prescribes the general powers and duties of the Florida Department of Transportation, including:

"To plan, acquire, lease, construct, maintain, and operate toll facilities; to authorize the issuance and refunding of bonds; and to fix and collect tolls or other charges for travel on any such facilities." (e.s.)

Thus, the Legislature has given the Department of Transportation the authority to fix and collect tolls. Section 338.155(1), Florida Statutes, however, directs the payment of tolls by all persons using toll facilities with enumerated exceptions. These exemptions include: "[a]ny law enforcement officer operating a marked official vehicle is exempt from toll payment when on official law enforcement business." The subsection also exempts "[a]ny person operating a fire vehicle when on official business or a rescue vehicle when on official business[.]"

The plain language of the statute exempts only "marked" law enforcement vehicles. It would be advisable to contact the Department of Transportation to determine whether the issue may be addressed in departmental rules. Moreover, to clarify the matter, it may be necessary to work with your legislative delegation to amend the statute. I would note that during the 2014 Legislative Session, Senate Bill 1560 attempted to exempt school buses from the payment of tolls, but the bill died in committee.

Please understand the role this office must play in interpreting the terms of a statute and that where a statute sets forth exemptions from its application, such exemptions must be narrowly interpreted and no others may be implied.

Sincerely,

Lagan Saunders

Assistant Attorney General

ALS/tsh