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Hernando County · 5th Judicial Circuit · Fla. Stat. §316.1001

Hernando County toll violation (SunPass / E-PASS / LeeWay) defense.

TL;DR

Hernando County toll violations (Fla. Stat. §316.1001) — SunPass, E-PASS, LeeWay, and toll-by-plate citations — are civil moving infractions with typical totals $100–$165 per gantry. Multiple unpaid tolls trigger an FLHSMV registration hold under §316.1001(3) that blocks renewal. Defended for $99 flat in any of Florida's 67 counties. Case filed in the 5th Judicial Circuit at Brooksville. (2026)

Last verified: Reviewed against Fla. Stat. §316.1001 and the Hernando County Clerk fee structure

The statute — Fla. Stat. §316.1001

Any person who uses any toll facility and fails to pay the prescribed toll commits a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
Fla. Stat. §316.1001

Penalties under §316.1001

TierClassificationFinePoints
Single unpaid toll (first notice)Administrative$2.50–$25 + toll0
Uniform Traffic Citation (UTC)Civil moving infraction$100–$165 per gantry0
Multiple gantries + registration holdAdministrative + UTC$165+ per gantry + FLHSMV hold0
Habitual evader (1 yr accumulation)Civil moving infraction (enhanced)$500–$1,000+3 if adjudicated

Insurance impact: Generally none. Civil toll citations resolved administratively or with withhold of adjudication do NOT report to insurers because no points enter the FLHSMV record. The real cost is administrative — accumulated unpaid tolls trigger registration holds and credit-bureau collection referrals.

Common defenses

Hernando County toll violation (SunPass / E-PASS / LeeWay) cases turn on specific facts — the strategies below are common starting points our attorneys evaluate.

License-plate misread[1]

Toll-by-plate systems rely on optical character recognition of license plates from gantry cameras. OCR misreads — misidentified state, transposed digits, or vehicles with similar plates — produce wrong-driver citations. Comparing the citation photograph to the registered vehicle is the foundational defense.

Sold / transferred vehicle[2]

If the vehicle was sold before the citation date and the new owner failed to transfer registration, the prior owner is not responsible. Documentation: bill of sale, FLHSMV title transfer record, or affidavit. Fla. Stat. §319.22 governs the transfer obligation.

SunPass / transponder malfunction[3]

When the transponder battery dies or signal is blocked (foil tint, dashboard placement), the system bills toll-by-plate at a higher rate. SunPass account records showing a funded transponder at the citation time defeat the evasion element — the obligation was paid, the read failed.

Rental / fleet vehicle[4]

Rental cars and corporate fleet vehicles are routinely cited because the toll-by-plate system maps to the registered owner (rental company), which then re-bills the renter with administrative fees that often dwarf the original toll. The original renter has standing to challenge the secondary fee.

Administrative dismissal at SunPass[5]

Most first-time toll violations resolve administratively if contacted within 30 days. Calling SunPass (1-888-865-5352) BEFORE the citation converts to a UTC often produces complete dismissal upon payment of the underlying toll. Attorney involvement is rarely needed at this stage — but is critical once a UTC has issued.

What you should know

Civil or criminal
Civil moving infraction (no criminal exposure for typical evasion)
Points
0 — unless adjudicated as a moving violation in habitual-evader case
Insurance impact
Usually none — civil-administrative outcomes don't report to insurance
Registration risk
FLHSMV may block renewal under §316.1001(3) for accumulated unpaid tolls
Statute of limitations
5 years from violation date (§95.11(3))
BDI eligibility
Generally not applicable; tolls are not BDI-elective

Your three options in Hernando County

Option 1

Pay the fine

Cheapest if caught within 30-day administrative window — pay the underlying toll plus a small fee (~$25). After a UTC issues, paying admits the violation and may complicate future contests.

Option 2

Contest with Unilegal

Plead not guilty when the citation is invalid (wrong plate, sold vehicle, transponder issue). Attorney filing within 24 business hours protects against default judgment and the 30-day D-6 suspension cascade.

Hernando County procedural context

Hernando County cases are filed in the 5th Judicial Circuit of the Florida State Courts. The primary courthouse is in Brooksville.

Find Hernando County information

Educational reference, not legal advice. Outcomes depend on the facts of your specific Hernando County case. If you have a pending citation, consult a Florida-licensed attorney before deciding how to plead.

Frequently asked questions

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Sources & citations

  1. [1]Fla. Stat. §316.1001 — Toll evasion (full statutory text + registration-hold authority). http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1001.html · accessed 2026-05-31
  2. [2]Fla. Stat. §319.22 — Title transfer; ownership change. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0319/Sections/0319.22.html · accessed 2026-05-31
  3. [3]Fla. Stat. §322.245 — D-6 license suspension for failure to comply with traffic summons. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0322/Sections/0322.245.html · accessed 2026-05-31
  4. [4]Florida Turnpike Enterprise — toll administrative resolution program. https://www.sunpass.com/ · accessed 2026-05-31
  5. [5]Fla. Stat. §95.11 — Civil-infraction statute of limitations (5 years). http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html · accessed 2026-05-31
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