Miami-Dade Legislative Item
File Number: 110588
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File Number: 110588 File Type: Resolution Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: SUN PASS - SUBSTITUTE Introduced: 3/15/2011
Requester: NONE Cost: Final Action:
Agenda Date: 3/15/2011 Agenda Item Number: 11A10SUBSTITUTE
Notes: SEE 111598 FOR FINAL VERSION AS ADOPTED. Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO IMPOSE REASONABLE LIMITS ON THE FEES THAT CAN BE CHARGED FOR ELECTRONIC TOLLING OF RENTAL CARS, FURTHER URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO NEGOTIATE MORE CONSUMER-FRIENDLY AGREEMENTS RELATED TO ELECTRONIC TOLLING OF RENTAL CARS TO ENSURE THAT TOURISTS PAY REASONABLE FEES FOR ELECTRONIC TOLLING (SEE ORIGINAL ITEM UNDER FILE NO. 110538)
Indexes: SUNPASS
Sponsors: Dennis C. Moss, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Bruno A. Barreiro, Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Joe A. Martinez, Co-Sponsor
  Jean Monestime, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 3/15/2011 11A10 substitute Amended
REPORT: (See Agenda Item 11A10 Substitute; Legislative File No. 111598 for the amended version.)

County Attorney 3/15/2011 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO IMPOSE REASONABLE LIMITS ON THE FEES THAT CAN BE CHARGED FOR ELECTRONIC TOLLING OF RENTAL CARS, FURTHER URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO NEGOTIATE MORE CONSUMER-FRIENDLY AGREEMENTS RELATED TO ELECTRONIC TOLLING OF RENTAL CARS TO ENSURE THAT TOURISTS PAY REASONABLE FEES FOR ELECTRONIC TOLLING

BODY
WHEREAS, in 2007, the Florida Department of Transportation through Florida’s Turnpike Enterprise began entering into a series of agreements with major rental car companies to allow rental cars to go through SunPass and other electronic toll lanes by recording the license plate and then billing the renter; and
WHEREAS, some agreements provided that the renter would be directly charged the actual cost of all tolls plus a $2.50 per day administrative fee up to a maximum of $10 per month; and
WHEREAS, under these agreements, the toll charges and administrative fees automatically begin being imposed when the renter goes through the first electronic toll, and the renter receives a separate charge on his or her credit card after the fact for the total of all toll charges incurred plus the administrative fees; and
WHEREAS, other agreements provided that the renter >>has the option, at the time the car is first rented, of paying<< [[pays]]1 a flat fee of $5.95 per rental day or $27.95 weekly, which includes unlimited tolls and all administrative fees; and
>>WHEREAS, under this latter option, if the renter chooses not to pay the $5.95 daily or $27.95 weekly fee to cover all tolls and then goes through an electronic toll, rental car companies are charging the renter the cost of tolls plus an excessive administrative fee of as much as $25 per toll; and
WHEREAS, tourists visiting Miami-Dade County may be from an area that doesn’t have electronic tolling and may not be familiar with how electronic tolling works; and
WHEREAS, if a tourist opts not to pay the $5.95 daily or $27.95 weekly fee to cover all tolls and then goes through ten (10) electronic tolls, he or she could later receive a bill for as much as $250 plus the cost of tolls; and<<
[[WHEREAS, these arrangements have proven to be a convenience to some visitors, but in the majority of cases have led to excessive charges; and
WHEREAS, in the case of a business traveler who rents a car for a week and uses electronic tolling multiple days to travel throughout Miami-Dade County, for example, the arrangement may be beneficial, as the traveler uses electronic tolling for the entire week for the $10 administrative fee or the $27.95 total fee; and
WHEREAS, but in the case of a tourist who flies into Miami International Airport, rents a car for one week and travels to Miami Beach via the Dolphin Expressway, the tourist could end up paying $27.95 or $11 for going through a single $1 electronic toll eastbound on the Dolphin Expressway; and
WHEREAS, because the electronic tolling program for rental cars automatically records the license plate, tourists and other visitors may not be aware that they are incurring these charges and could be surprised after the fact when they see the charges on their credit card; and]]
WHEREAS, such administrative charges are excessive in light of the underlying actual tolls and far exceed any actual administrative cost that may be involved; and
WHEREAS, tourism is one of the most fundamental industries underpinning Miami-Dade County’s economy, and it is important that tourists who visit Miami-Dade County leave with a positive image of our community; and
WHEREAS, the current electronic tolling arrangement has the possibility of harming the positive image of our community by imposing excessive >>administrative<< fees for tolls; and
WHEREAS, the Florida Legislature should impose reasonable limits on the fees that can be charged to individuals renting cars and using electronic tolling, or alternatively, the Florida Department of Transportation should negotiate more consumer-friendly agreements related to electronic tolling and rental cars that are more aligned with the actual administrative costs of processing tolls to ensure that tourists and visitors pay reasonable fees for electronic tolling in rental cars,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to impose reasonable limits on the fees that can be charged to individuals renting cars and using electronic tolling>>, and in particular to limit the administrative fees that can be charged for tolls when the renter opts not to pay for daily or weekly plans for tolls that rental car companies offer, or alternatively to require all rental car companies to automatically impose reasonable daily or weekly toll plans when a renter goes through an electronic toll, as some rental car companies already do, rather than requiring renters to choose the daily or weekly tolls plans when they first rent a vehicle.<<
Section 2. Urges the Florida Department of Transportation to negotiate more consumer-friendly agreements related to electronic tolling and rental cars>>, and in particular to limit the administrative fees that can be charged for tolls when the renter opts not to pay for daily or weekly plans for tolls that rental car companies offer, or alternatively to require all rental car companies to automatically impose reasonable daily or weekly toll plans when a renter goes through an electronic toll, as some rental car companies already do, rather than requiring renters to choose the daily or weekly tolls plans when they first rent a vehicle.<<
Section 3. Directs the Clerk of the Board to transmit certified copies of the resolution to the Governor, Senate President, House Speaker, the Chair and Members of the Miami-Dade State Legislative Delegation and the Secretary of the Florida Department of Transportation.
Section 4. Directs the County's state lobbyists to advocate for the legislation and action set forth in Sections 1 and 2 above, and authorizes and directs that the 2011 state legislative package be amended to include this item.
1 The differences between the substitute and the original item are indicated as follows: words stricken through and/or [[double bracketed]] shall be deleted, words underscored and/or >>double arrowed<< constitute the amendment proposed.



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