Category: Traffic Offenses · Statute: F.S. 316.1001 · Source: Florida Legislature
Understanding Toll Violation in Florida
Under Florida Statute Section 316.1001, a toll violation occurs when a driver fails or refuses to pay the required toll on any of the state’s toll roads, bridges, or express lanes, such as those managed by SunPass, E-PASS, or LeeWay. In Florida’s modern electronic tolling system, these violations typically arise when a transponder fails to read, has insufficient funds, or when a driver ignores a Toll-By-Plate invoice mailed to the address associated with their vehicle registration. Each unpaid toll constitutes a separate non-criminal traffic infraction, which carries a statutory civil penalty plus the cost of the unpaid toll and administrative fees.
If left unresolved, a single toll violation can quickly escalate. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) will place a registration hold (a "toll suspension") on the violator's license plate, preventing them from renewing their vehicle registration. Continued failure to pay can lead to the suspension of the driver's license. If an individual continues to drive on a suspended license, they transition from a civil traffic infraction to a criminal offense under Florida law, which can result in arrest and criminal charges.
How Toll Violations Affect Bail and Pretrial Release
Because a standard toll violation under F.S. 316.1001 is a non-criminal civil infraction, it does not result in an arrest, and therefore bail or pretrial release is never required. However, if a driver ignores the resulting registration hold or license suspension and is subsequently arrested for Driving While License Suspended, Cancelled, or Revoked (F.S. 322.34), they will face criminal misdemeanor or felony charges. In those criminal cases, securing a bail bond through a licensed Florida bondsman may become necessary to secure release from jail.