When are Florida law enforcement officers exempt from paying tolls, and will the AG interpret that exemption?

Subject

Payment of Tolls by Law Enforcement Officers

Plain-English summary

The Town of Davie Police Department asked the Attorney General to interpret the terms in section 338.155, Florida Statutes, which exempts "[a]ny law enforcement officer operating a marked official vehicle . . . when on official law enforcement business" from paying tolls. The department wanted help understanding the qualifying terms in that exception.

The AG declined to answer. The office explained that interpreting section 338.155 would require construing a statute administered by the Florida Department of Transportation and by state and local transportation and expressway authorities, none of which were party to the request. In that situation the office's practice is to require the agencies with jurisdiction to join the request before it will issue an opinion. The AG noted the general rule that an undefined statutory term gets its plain and ordinary meaning, but did not apply that rule to the toll exemption. Instead, the office deferred to FDOT and the local authorities' regulatory jurisdiction and pointed the department to FDOT's general counsel for assistance.

Currency note

This opinion was issued in 2013. 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

Did the Attorney General decide who qualifies for the toll exemption?
No. The office expressly declined to interpret section 338.155, so this opinion does not resolve the meaning of "marked official vehicle" or "official law enforcement business."

Why did the AG decline?
Because the statute is administered by FDOT and by state and local transportation and expressway authorities that were not part of the request. The opinion states that the office requires the agencies with jurisdiction to join a request before it will offer an opinion interpreting a statute they administer.

Where did the AG direct the requester?
The opinion refers the department to the general counsel of the Florida Department of Transportation for further assistance.

Background and statutory framework

Section 338.155 generally requires payment of a toll to use a toll road in Florida and lists exceptions, including one for a law enforcement officer operating a marked official vehicle on official law enforcement business. The statute does not define the individual terms within that exception. Section 338.01 authorizes FDOT, along with state, county, and municipal transportation and expressway authorities, to establish and regulate limited access facilities (with section 335.02 governing designation of facilities within the State Highway System).

Because those agencies administer and regulate the toll facilities, the AG treated interpretation of the exemption as their domain in the first instance and declined to opine without their participation.

Citations

• section 338.155, Florida Statutes (toll requirement and law-enforcement exemption)
• Section 338.01(1), (2), and (5), Florida Statutes (limited access facilities; regulation by authorities)
• section 335.02, Florida Statutes (designation of State Highway System facilities)
• Sieniarecki v. State, 756 So. 2d 68 (Fla. 2000); In re McCollam, 612 So. 2d 572 (Fla. 1993) (plain-meaning rule)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/payment-of-tolls-by-law-enforcement-officers
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8111

Original opinion text

Mr. Daniel J. Stallone

Police Legal Advisor

Town of Davie Police Department

1230 South Nob Hill Road

Davie, Florida 33324

Dear Mr. Stallone:

On behalf of the town administrator for the Town of Davie, you ask for an interpretation of the terms in section 338.155, Florida Statutes, relating to the exemption from the payment of tolls by any law enforcement officer operating a marked official vehicle when engaged in official law enforcement business.

While this office has previously rendered opinions considering the off-duty use of law enforcement vehicles, in this instance, commenting upon the exemption from the payment of tolls would necessarily involve an interpretation of a statute administered by state and local agencies which are not a party to your request. In such cases, this office would require the agencies with jurisdiction in the matter to join in a request before offering an opinion.

Section 338.155, Florida Statutes, generally requires the payment of a toll for the use of a toll road in this state. The statute enumerates exceptions to such payment, including "[a]ny law enforcement officer operating a marked official vehicle . . . when on official law enforcement business." The statute does not provide a definition for the individual qualifying terms within this exception. It is a general rule of statutory construction, however, that where the Legislature has not provided a definition, a term used in a statute should be given its plain and ordinary meaning, unless the context requires otherwise.[1]

Section 338.01(1), Florida Statutes, authorizes the Florida Department of Transportation (FDOT) to establish limited access facilities as provided in section 335.02, Florida Statutes.[2] The transportation and expressway authorities of the state, counties, and municipalities, acting alone or in cooperation with each other, also are authorized to provide limited access facilities for public use.[3] The authorities may construct a limited access highway as a new facility or may designate an existing street or highway as included within a limited access facility. The statute recognizes that the authorities may regulate the use of such limited access facilities.[4]

This office will defer to the regulatory jurisdiction of the FDOT and local transportation and expressway authorities and decline to provide an interpretation of section 338.155, Florida Statutes, absent a request from the department or applicable authority. For further assistance, you may wish to contact:

Mr. Jerry Curington

General Counsel

Florida Department of Transportation

605 Suwannee Street, MS58

Tallahassee, FL 32399

Tel: 850-414-5265

Fax: 850-414-5264

Email: [email protected]; [email protected]

Please understand the inability of this office to become more directly involved in this matter at this time.

Sincerely,

Lagran Saunders

Assistant Attorney General

ALS/tsrh

[1] See generally Sieniarecki v. State, 756 So. 2d 68 (Fla. 2000) (in absence of a statutory definition, words of common usage are construed in their plain and ordinary sense and, if necessary, the plain and ordinary meaning of the word can be ascertained by reference to a dictionary); In re McCollam, 612 So. 2d 572 (Fla. 1993) (when language of statute is clear and unambiguous and conveys a clear meaning, statute must be given its plain and ordinary meaning).

[2] Section 335.02(1), Fla. Stat., authorizes the department to locate and designate certain transportation facilities as part of the State Highway System and to construct and maintain them with funds available to the department.

[3] Section 338.01(2), Fla. Stat.

[4] Section 338.01(5), Fla. Stat.