Preloader Section

Customer Agreement

SunPass® Customer Agreement – April, 2018

Visit www.sunpass.com or the Mobile App for Service Center locations, hours of operation, or a detailed SunPass® User Manual.

Customers should also visit the SunPass® website at www.sunpass.com or the Mobile App periodically to view any updates that have been made to the SunPass® Customer Agreement

This SunPass® Customer Agreement (hereafter referred to as “Agreement”) is entered into between you (hereafter referred to as “User”) and the Florida Department of Transportation (hereafter referred to as “FDOT”), regarding the use of the SunPass® Toll Program (hereafter referred to as “SunPass®”), the SunPass® Portable transponder (hereafter specifically referred to as “SunPass® Portable Transponder”), SunPass® External transponder (hereafter specifically referred to as “SunPass® External Transponder”), and the SunPass® Mini transponder (hereafter specifically referred to as “SunPass® Mini Transponder”) (hereinafter collectively referred to as “Transponder(s)”) on toll roads, toll bridges, parking and other facilities within the State of Florida and within other states for which the toll operators have entered into agreement with FDOT for electronic toll collection interoperability and thereby accept SunPass® Transponders for electronic payment (such other states hereafter referred to as ‘Interoperable States”). This Agreement governs User’s SunPass® Account (hereafter referred to as “Private Prepaid Account, Fleet Prepaid Account, Fleet Postpaid Account, Rental Car Service Provider Prepaid Account, Rental Car Service Provider Postpaid Account, Intermediary Prepaid Account, Intermediary Postpaid Account and/or Government Postpaid Account”).

Use of the Transponder by User shall be acknowledgment and acceptance by User of the terms and conditions of this Agreement. FDOT may alter, amend, or otherwise change the terms and conditions of this Agreement at any time. Alterations, amendments or other changes will be posted in the Customer Agreement section online at www.sunpass.com or the Mobile App, and shall be effective upon the date of posting. User is responsible for keeping current: User’s address, contact information, vehicle and license plate information, and any and all SunPass® Account information. For your convenience, updates may be made by logging onto User’s account at www.sunpass.com, the Mobile App, or by contacting the SunPass® Customer Service Center at 1-888-TOLL-FLA (1-888-865-5352).

If User does not accept the terms and conditions of this Agreement, or any future alterations, amendments or other changes to the terms and conditions of the Agreement by FDOT, User shall discontinue use of all Transponders and shall notify the SunPass® Customer Service Center. The terms for voluntary or involuntary closure of a User’s SunPass® Account will be applied in accordance with Section 11 of this Agreement.


Section 1. Intent of the SunPass® System.


1.1 The intent of SunPass® is to provide a safe transportation system and reduce traffic congestion and air pollution by providing efficient and convenient electronic toll payment. Users may pay tolls and/or other services electronically by using a Transponder at any Florida or Interoperable State location where SunPass® is accepted for payment. One or more Transponders may be activated by establishing a SunPass® Account. The SunPass® Account balance must be kept in good standing to avoid interruptions in electronic payment. Use of the SunPass® electronic payment system is a privilege and not a right.

1.2
User is responsible for notifying the SunPass® Customer Service Center or updating on the website, www.sunpass.com or the Mobile App of any change in vehicle and/or vehicle registration and/or license plate prior to using Florida or Interoperable State toll facility. Failure to update this information may result in a toll violation resulting in the User and/or the registered owner of the vehicle used on the toll facility being held responsible and liable for any Uniform Traffic Citation issued pursuant to §316.1001, Florida Statutes, for violations occurring in the State of Florida, and traffic citations issued by other states for violations occurring in Interoperable States.

1.3
In addition, User shall notify the State of Florida, Department of Highway Safety & Motor Vehicles (DHSMV):
  1. a. Driver License Office within thirty (30) days of any change to name and/or any change of mailing address pursuant to §322.19, Florida Statutes (2016).
  2. b. Motor Vehicle (Tag) Office within thirty (30) days of any change of mailing address pursuant to §320.02(4), Florida Statutes (2016).

1.4 User and/or the registered owner of the vehicle used on the toll facility is responsible and liable for any unpaid toll or Uniform Traffic Citation issued as a result of User’s Transponder not being read by the receiving equipment in any toll facility. User shall not use this Agreement as a defense to a toll violation if the Transponder is not read by the receiving equipment unless the supplemental lane transactions show a problem with the receiver in the lane at the time of the alleged violation. Defective Transponders, malfunctioning Transponders and the User not properly mounting the Transponder do not relieve the User and/or the registered owner of the motor vehicle involved in an unpaid toll from liability under §316.1001, Florida Statutes or the applicable laws of an Interoperable State.

1.5
User is responsible for pre-paying all tolls on Prepaid Accounts. If the balance on the User’s Prepaid Account is insufficient to pay any toll, the user must immediately pay with cash or use TOLL-BY-PLATE® lanes, if available, for tolls and stop using the Transponder. (Refer to Sections 7.8 and 7.8.1 for more details.) Whether User actually knew the balance on the account was insufficient shall not be a basis for the non-payment of the toll, or a defense to a toll violation, and User and/or the registered owner of the vehicle used on the toll facility is responsible for payment of all tolls incurred and liable for any Uniform Traffic Citation issued pursuant to §316.1001, Florida Statutes or the applicable laws of an Interoperable State.

1.6
User’s failure to inform SunPass® of the current registration and/or license plate number on the vehicle prior to using any toll facility will result in a breach of this Agreement and may result in the issuance of a Uniform Traffic Citation under §316.1001, or a DHSMV registration hold being placed on the vehicle pursuant to Section 320.03(8), Florida Statutes (2016) (“Registration Hold”), or the applicable laws of an Interoperable State. These remedies are in addition to any remedies available to FDOT under, federal law, Florida common law, statutes, administrative rules, and this Agreement.


Section 2. SunPass® License.


The User shall be responsible for each Transponder issued to User under this and/or subsequent Agreements and all amendments to such Agreements. The Transponder(s) may be used at designated SunPass® Lanes; SunPass® enabled lanes or any other venues that accept SunPass® as payment for services inside or outside the State of Florida. Whether paying electronically using a Transponder, or by a manual payment method or through the TOLL-BY-PLATE® program. User remains responsible for any toll payments, toll violations, or payments for any other services. Failure to collect payment electronically, even though User has a Transponder, shall not release User of payment responsibility.


Section 3. Privacy Policy.


3.1 FDOT respects the privacy of all account holders. FDOT does not sell or share its customer list with outside marketers. In addition, personal identifying information of account holders generally is exempt from disclosure under Florida’s public records law, pursuant to Section 338.155(6), Florida Statutes, and can be obtained by persons outside of FDOT or authorized law enforcement agencies only by subpoena or court order, except FDOT may share certain Prepaid Account information with operators of other toll facilities for toll payment, collection and notice purposes without obtaining a subpoena or court order. User acknowledges and agrees that Interoperable States will observe their respective state laws regarding the disclosure of records and other information related to transactions that use a SunPass® Transponder on toll facilities of the Interoperable States, including Prepaid Account information provided by FDOT to the Interoperable Sates for the purpose of toll payment, collection, or notice.

3.2
User acknowledges and agrees that FDOT may use the Transponder, or may authorize any other governmental agencies to use the Transponder to collect anonymous traffic, travel, or other statistical information.


Section 4. SunPass® Plus Services.


FDOT may extend available services provided to its Users by entering into reciprocal agreements with other agencies and private entities. User must be designated as SunPass® Plus in order to use these extended services. By using their Transponder(s) for electronic payment at any SunPass® Plus facility, User accepts responsibility for all charges paid. User agrees to pay any costs incurred by FDOT, including collection costs, court costs and attorney’s fees required to enforce the terms and conditions of this Agreement and the collection of monies in connection with the use of Transponder(s) contained in User’s Prepaid Account. (Refer to Section 10.4 for more details regarding SunPass® Plus services).


Section 5. Choosing the Right SunPass® Customer Account Type


SunPass® provides customer Account Types, generally described as follows:

5.1 Private Prepaid Account: Tolls are collected electronically through the use of a Transponder. While multiple Transponders may be linked to Private Prepaid Accounts, the maximum number is 100 Transponders with a one to one ratio per license plate to Transponder, excluding rental vehicles that comply with 5.4. The minimum opening balance is $10.00 per Transponder. When adding Transponders to an existing Private Prepaid Account, additional prepaid funds may also be required. FDOT may automatically increase or decrease the SunPass® Easy Pay replenishment amount based on usage, with a minimum replenishment amount of $10.00.

5.2 Fleet Prepaid Accounts:
Tolls are collected electronically through the use of a Transponder. A minimum of 101 Transponders or more with a maximum of two to one ratio per plate to Transponder is required. A current Federal Employer Identification Number (“FEIN”) is required to open an account of this type. In the event that a license plate is used to identify the registered owner and that license plate is not listed on User’s Prepaid Account, that vehicle’s description and license plate number may be added to User’s Prepaid Account by SunPass® using the FEIN to identify ownership. FEIN information must be kept current and may be requested by a SunPass® representative at any time. The minimum opening balance for a Fleet Prepaid Account is dependent on the User’s estimated monthly usage, but must be a minimum of $1,000.00. FDOT may automatically increase or decrease the replenishment amount based on usage, with a minimum replenishment amount of $250.00. To qualify for tax exempt status, User must provide a valid tax exemption certificate.

5.3 Fleet Postpaid Accounts:
Tolls are collected electronically through imaged-based license plate transactions. A bond must be provided and a current Federal Employer Identification Number (“FEIN”) is required to open an account of this type. In the event that a license plate is used to identify a registered owner, and that license plate is not listed on User’s account, that vehicle’s description and license plate number may be added to User’s account by SunPass® using the FEIN to identify ownership. FEIN information must be current and may be requested by a SunPass® representative at any time. To qualify for tax exempt status, User must provide a valid tax exemption certificate.

5.4 Rental Car Service Provider Prepaid and Postpaid Accounts:
For companies who act as a service provider between FDOT and client companies, such as a national rental car company, local or independent rental vehicle car company or fleet vehicle rental/ leasing company, for the purpose of making designated SunPass® toll lane or SunPass® enabled lanes available to customers of such client companies via the use of Transponder or imaged-based license plate transaction. The service provider company must enter into a separate Marketing and Operations Agreement for Rental Car Toll Collection Services and abide by the terms thereof. Customers of the above mentioned client companies are given a choice to: (1) pay cash at toll booths when using toll roads, if the cash payment option is available for the toll facility location to be used; (2) pay the cash rate of tolls plus a minimal daily fee; (3) pay a flat daily fee for unlimited tolls; or (4) may use their transponder in a rented vehicle as long as the rented vehicle license plate and start and end usage dates are added to their SunPass® Account. The service provider will establish and maintain one or more accounts for use in providing services to client companies and/or their customers, and will be subject to automatic replenishment via a commercial credit card or other method approved by FDOT. For Postpaid Accounts, a bond may be required.

5.5 Intermediary Service Provider Prepaid and Postpaid Accounts:
Primarily for service providers who act as an intermediary between FDOT and client companies for the purpose of making designated SunPass® toll lane or SunPass® enabled lanes available to customers of such client companies via the use of a transponder or imaged-based license plate transaction. The service provider must enter into a separate Agreement for Toll Collection Services and abide by the terms thereof. The service provider will establish and maintain one or more accounts for use in providing services to client companies, and will be subject to automatic replenishment via a commercial credit card or other method approved by FDOT. For Postpaid Accounts, a bond may be required.

5.6 Government Postpaid Accounts:
Used by government agencies at the federal, state, and local levels for the purpose of making designated SunPass® toll lane or SunPass® enabled lanes available via the use of a transponder or imaged-based license plate transaction. Toll payments are submitted through a purchase order.


Section 6. User-Requested Linked Accounts


Two (2) or more Prepaid or Postpaid SunPass® Accounts may be linked by request, one identified as the primary account and the other(s) as the secondary account(s). A request to link SunPass® Accounts requires the consent of both the primary and the secondary account User(s). Linked accounts will remain separate and distinct with separate account numbers and balances, allowing the User of the primary account to view and make changes to all account information for any such linked account(s). The secondary account User can continue to make changes to only their own account information.


Section 7. SunPass® and Transponder Usage.


7.1 Unless otherwise directed by FDOT, User agrees to properly mount the Transponder, as explained in the Transponder User Manual available online at www.sunpass.com or the Mobile App, during all toll road travel and/or other available services. Holding a Transponder in the User’s hand or leaving it on the dashboard or in another non-mounted position in the vehicle is strictly prohibited. Not properly mounting the Transponder may result in the User’s Transponder being denied for electronic payment, resulting in unpaid tolls. Unpaid tolls may result in the issuance of a Toll Enforcement Invoice, a Registration Hold, Uniform Traffic Citations (UTC) under §316.1001, Florida Statutes, or toll documents or traffic citations under the applicable laws of an Interoperable State.

7.2
User acknowledges User’s responsibility under this Agreement, and further agrees to comply with all applicable traffic laws while using toll roads and bridges.

7.3
Under no circumstances should a User drive through a designated SunPass® toll lane or SunPass® enabled lane at a speed greater than posted by FDOT or other applicable governmental authorities.

7.4
User accepts that sharing a Transponder for electronic payment at the same time in the same location is prohibited. When using the Florida’s Turnpike Ticket System at a point of exit, and no point of entry was registered on the Transponder, User accepts that FDOT will assume the entry point based on the User’s travel pattern(s) and calculate the toll charge accordingly, up to and including the maximum toll amount for the Ticket System.

7.5
Failure to pay a toll is a violation which may result in the issuance of a Uniform Traffic Citation, referral of any unpaid balance to a collection agency, and /or lead to DHSMV imposing a Registration Hold. FDOT takes an image of the vehicles that do not pay the required toll. If User’s Prepaid Account does not have sufficient balance to pay the toll, User must use cash or TOLL-BY-PLATE® lanes, if available, or avoid using toll facilities until the account is replenished and in the Active status. When paying cash, User shall place the SunPass® Portable Transponder in the Radio Frequency (“RF”) shield bag or remove the SunPass® Portable Transponder from the vehicle. The RF shield bag is available, free of charge, by calling 1-888-TOLL-FLA (1-888-865-5352) or ordering online at www.sunpass.com or the Mobile App. User shall turn over the Transponder at the request of law enforcement or FDOT because of toll violation(s) relating to the misuse or termination of an account or in connection with a violation of local, state or federal law. SunPass® Portable Transponders that have been forfeited under this section may be returned to User when the account has been returned to good standing.

     7.5.1
Users paying cash while a SunPass® Transponder is installed on the vehicle may be double charged/double billed. SunPass® will not credit your account for duplicate activity when paying with cash unless valid cash receipts are provided to SunPass® within 90 days of the original transaction. The amount of the credit will be at the SunPass® toll rate. Cash receipts are not available at all locations or times of day. No credit or refund will be due if one or more tolls are paid by cash at a location or at a time of day for which cash receipts are not available.

7.6
User shall not, under any circumstances, authorize another person or third-party to use their Transponder, unless User has previously added the third-party vehicle and license plate information to Users account for each vehicle authorized by User to use the Transponder. User is responsible for any and all transactions incurred by User’s Transponder in the event someone other than User uses a toll facility with User’s Transponder.

7.7
User agrees that User shall not reverse engineer or otherwise alter, modify, or tamper with the mechanical or electrical operation of the Transponder.

7.8
Only Users with a SunPass® Prepaid Account or Interoperable Account with an active transponder and sufficient funds to pay tolls may use the Florida Express Lane System. Tolls in the designated Express Lanes are dynamically priced and change based on the amount of traffic in the lanes. The toll amounts are displayed prior to entering the lane and the User has the option to use the Express Lane or not. User must adhere to axle count restrictions applicable to the toll facility when using Express Lanes. Express Lane usage without an active SunPass® Prepaid Account, Interoperable Account, or failing to follow axle count restrictions applicable to the toll facility, will result in the issuance of a Toll Enforcement Invoice with a $25.00 daily violation charge in addition to tolls. Unless otherwise designated or signage provides, only 2-axle vehicles are permitted to use Express Lanes.

     7.8.1
School buses, public transit buses, Over-the-Road buses or vanpools may be eligible for toll exemptions when traveling on the Florida Express Lane System. Registration is required and an application is available on www.sunpass.com, the Mobile App, or by contacting the SunPass® Customer Service Center at1-888-TOLL-FLA (1-888-865-5352).



Section 8. Vehicle and Non-Semi Trailer Information (e.g. Boat, Camper, Utility, etc.)


8.1 All vehicles in which the User intends to use a Transponder must be listed within the User’s account, but a vehicle license plate may only be actively subscribed to one account at a time. The year, make, model and color of the vehicle as well as the license plate number, plate type (if applicable) and issuing state must be provided and updated as changes occur. For convenience, vehicle information may be updated on www.sunpass.com or the Mobile App. When a vehicle is added to the User’s account, User must pay all outstanding balances owed associated with the vehicle’s license plate before plate can be added to the User’s account. User accepts there may be occurrences when a Transponder is not identified even though it is present in the vehicle. In those cases where a Transponder is not identified but the vehicle license plate is recorded, FDOT reserves the right to add the vehicle license plate and issuing state to the User’s account. FDOT will not exercise this right unless a confident match can be made between the registered owner of vehicle for the license plate and the customer information on the User’s account.

8.2
In the event a User is adding a license plate for a rental vehicle, User must specify the period of time the rental vehicle’s license plate shall be subscribed to the account (“Subscription Period”). Failing to specify the correct Subscription Period may result in toll transactions being charged against User’s account after the rental vehicle has been returned. It is the User’s responsibility to remove the Transponder (SunPass® Portable Transponder or SunPass® Mini Transponder) from the rental vehicle when the rental vehicle is returned and the Subscription Period has expired. SunPass® will not make any adjustments for tolls incurred if User fails to remove the Transponder from the rental vehicle or fails to remove the rental vehicle’s license plate from the User’s SunPass® Prepaid Account. User should either personally retain or destroy a SunPass® Mini Transponder removed from a rental vehicle, and should not simply deposit the removed SunPass® Mini Transponder in a trash receptacle. User acknowledges and agrees that any continued use of the User’s Transponder after User’s return of a rental vehicle and after expiration of the Subscription Period will result in additional toll charges to User’s account.

8.3
All Non-Semi trailers (e.g. Boat, Camper, Utility, etc.) pulled by vehicles in which the User intends to use a Transponder must be listed within the account, but a trailer license plate may only be actively subscribed to one account at a time. Trailers are not included in the one to one ratio per license plate to transponder. The license plate number and plate type (if applicable) and issuing state must be provided and updated as changes occur. For convenience, this information may be updated on www.sunpass.com or the Mobile App. User accepts there may be occurrences when a Transponder is not identified even though it is present in the vehicle pulling the trailer. In cases where a Transponder is not identified but the trailer license plate is recorded, FDOT reserves the right to add the trailer license plate and issuing state to the User’s account. FDOT will not exercise this right unless a confident match can be made between the registered owner of the trailer for the license plate and the customer information on the User’s account.

8.4
If adding a license plate for a rental trailer, User must specify the period of time the rental trailer’s license plate shall be subscribed to the account. Failing to specify the correct Subscription Period may result in toll transactions being charged against User’s account after the rental trailer has been returned. SunPass® will not make any adjustments for tolls incurred if User fails to remove the rental trailer’s license plate from the User’s SunPass® Prepaid Account.


Section 9. Prepaid Account


User is responsible for pre-payment of all tolls incurred prior to using toll facilities. User is responsible for maintaining a working Transponder at all times. User accepts responsibility to maintain a sufficient balance in User’s Prepaid Account at all times to cover applicable tolls and other charges as described in this section. If the Transponder is not read by the receiver in the electronic toll collection lane for any reason, including but not limited to improper mounting of the Transponder, problem windshields, or any Transponder malfunction, the User and/or registered owner of the vehicle will be subject to the issuance of a Toll Enforcement Invoice. The failure to pay a toll may also result in the issuance of a Uniform Traffic Citation, referral to a collection agency and/or a DHSMV vehicle Registration Hold. With the issuance of a Uniform Traffic Citation, the User and/or Registered Owner of the vehicle will be liable for payment of the unpaid toll along with any administrative fees, fines, and court costs.

9.1
User authorizes FDOT to deduct the following charges from the User’s Prepaid Account:
    9.1.1User accepts and agrees that all charges, both in Florida and Interoperable State, paid electronically using User’s Transponder(s) will be deducted from the User’s Prepaid Account. Where charges are paid using cash payment methods and User’s Transponder is also in the vehicle resulting in the same charges being paid electronically, the User must produce valid receipt(s) for any payments for tolls made in order to have the electronically paid charges reversed. The receipt(s) must be received by FDOT within 90 days of the transaction. The amount of the credit will be at the SunPass® toll rate.
    9.1.2 Bank Draft Refusal and Check Charges: A deduction will be made from User’s Prepaid Account if any authorized draft or check is not paid on demand by the bank on which the draft or check is drawn. Bank drafts and checks will no longer be accepted for the payment of any future charges after three (3) bank refusals or returns, or combination thereof. FDOT will make every effort to collect the full amount of worthless drafts or checks which will include the face value of the draft or check, as well as applicable bank fees, service charges, collection costs and attorney fees as specified in Section 68.065, Florida Statutes.
    9.1.3 Monthly Account Statement Charge: A $1.50 deduction will be made from User’s Prepaid Account for each paper statement mailed. For statements 50 pages or more, a $5.00 statement charge will be deducted from the User’s Prepaid Account, and the statements will be sent on a compact disc (CD). Statements printed directly from the website are free of charge.
    9.1.4 In cases where the Transponder is not read and an image of the vehicle’s/non-semi trailer’s (e.g. Boat, Camper, Utility, etc.) license plate is recorded, and the plate is listed on the User’s Prepaid Account, any unpaid charges may still be paid electronically using the vehicle’s/trailer’s license plate number, hereinafter called an “Image Toll” or “I-Toll”. If in any given month the User’s Prepaid Account records more than ten (10) I-Toll transactions per license plate, FDOT may charge the User the TOLL-BY-PLATE® rate if such option is available and, in the event the TOLL-BY-PLATE® rate is not available, then the cash rate will be charged on those transactions. User accepts that vehicle license plate images may not be available at all locations or states where SunPass® is accepted for electronic payment. Where vehicle license plate images are not available, Image Tolls will not be processed. The I-toll process does not prevent law enforcement officers from issuing citations for observed toll violations.
    9.1.5 In the event the required toll is not paid and the Prepaid Account does not have sufficient funds to pay the toll electronically, a Uniform Traffic Citation may be issued in addition to any other enforcement and collection actions provided for in this Agreement, including the TOLL-BY-PLATE® program. Prepaid Private Accounts with an insufficient balance may have vehicles on their account for which the User is not the registered owner. Subsequent imaged-based toll transactions will trigger registered owner lookup and the creation of Postpaid Account(s). Postpaid Account(s) created in this manner will be automatically linked to the original Prepaid Account unless the link is requested to be removed by the Postpaid Account holder(s). The User of the Private Prepaid Account only will be able to view the balance of any linked Postpaid Account(s) and is responsible for payment of any linked Postpaid Account balances before replenishment will be applied to the Prepaid Account.
    9.1.6 Full account information and services will be provided to Users with registered Prepaid Accounts only. An account is considered registered when the User has provided full contact information, including but not limited to: Name, Address, PIN, Vehicle License Plate(s), License Plate Type if applicable, Driver’s License Number, User Name, Password, challenge question (User Name, Password and challenge question applies to online registration only).
    9.1.7 FDOT strives to ensure charges are accurately recorded. User accepts that miscalculations in account balances may occur. In such cases, FDOT maintains the right to make adjustments, without notice, where evidence can be provided that the adjustment is appropriate. Such adjustments will be presented in detail or summary on the User’s Account Detailed Activity Statement or Account Summary Statement respectively. User is obligated to keep all account information secure to prevent unauthorized access to User’s account. If User shares their account security information, including the User Name, PIN, Password or Challenge Question, any individual receiving such account security information will have access to make modifications to the User’s account. It is also the User’s responsibility to monitor their account information and toll transactions and notify FDOT if the User believes their account has been compromised. Additionally, if the User shares their account information with any other party or parties, the User will be responsible for any changes made to the account information, as well as any toll transactions incurred by such other party or parties.
    9.1.8 FDOT makes every effort to assure charges are accurate. User accepts that errors in charges may occur occasionally. User is responsible for verifying all charges appearing on their account to confirm accuracy. User will notify FDOT of any charges believed to be in error within 90 days of the transaction posted date as discussed in Section 16.

9.2
User accepts and agrees that no interest, or any other earnings on funds deposited, shall ever be paid nor due to User on Prepaid Account balances at any time. No credit card, credit line, or overdraft protection benefits are associated with the Prepaid Account.

9.3
FDOT reserves the right to limit the availability of historical Prepaid Account Activity. The period of availability online is up to three (3) years.

9.4
User accepts responsibility for replenishing the Prepaid Account in a manner that ensures a sufficient balance is maintained in the Prepaid Account at all times. Use of SunPass® lanes, designated or enabled, without a sufficient balance in the Prepaid Account to pay the charge may result in termination of User’s Prepaid Account in accordance with section 11.2 of this agreement.


Section 10. Replenishment of Prepaid Account


10.1 User accepts responsibility for replenishing the Prepaid Account in a manner that ensures a sufficient balance is maintained in the Prepaid Account at all times. Use of SunPass® lanes, designated or enabled, without a sufficient balance in the Prepaid Account to pay the charge will result in termination of User’s Prepaid Account in accordance with section 10 of this agreement.

10.2
SunPass® Easy Pay: User may elect or may be required to enroll in SunPass® Easy Pay, which is a feature that links a credit or debit card in good standing or ACH to their Prepaid Account. This feature will automatically replenish the User’s Prepaid Account balance by a pre-set amount whenever the balance in the Prepaid Account drops to a pre-set low-balance threshold. A credit card is considered in good standing if it belongs to an active, non-expired account having sufficient credit available. Failure to maintain credit or debit card account in good standing that is linked to SunPass® Easy Pay may result in the termination of User’s Prepaid Account and an interruption in electronic payment using the User’s Transponder(s). This may result in the issuance of Uniform Traffic Citations, referral of unpaid balances to a collection agency, or result in DHSMV imposing a Registration Hold. (Refer to Section 11.2 for more details regarding Termination of Prepaid Account.) For the convenience of Users, Users may link up to two (2) credit or debit cards in good standing to their Prepaid Account, and indicate a priority for usage. The minimum replenishment threshold and replenishment amount is determined during SunPass® Easy Pay enrollment based on expected usage and Account Type referenced in Section 5. After the first 35 days, account activity will be reviewed and the replenishment amount may be automatically adjusted according to what the usage is for that period. Thereafter, FDOT will analyze account activity quarterly and adjust the threshold and/or replenishment amount based on increased or decreased usage, unless the User has requested a replenishment amount that is higher than what the quarterly evaluation indicates. User may Opt Out of the automatic quarterly evaluation process online or by contacting the SunPass® Customer Service Center at 1-888-TOLL-FLA (1-888-865-5352) All Prepaid Account Users will be notified on their monthly statement of any changes to the replenishment amount recorded for SunPass® Easy Pay.

10.3
User agrees that FDOT may automatically update the credit card information listed in User’s SunPass® Account, such as new account numbers and expiration dates, if received from User’s financial institution.

10.4
SunPass® Plus: The SunPass® Plus designation allows the User to use their Transponder(s) for electronic payment of charges at SunPass® Plus facilities displaying the SunPass® Plus logo and requires enrollment in SunPass® Easy Pay. Users who have opted to enroll in SunPass® Easy Pay will automatically be enrolled in SunPass® Plus unless specifying otherwise. User may specify their desire to be excluded from SunPass® Plus and the services this designation provides by accessing their account online at www.sunpass.com, the Mobile App, or by calling the SunPass® Customer Service Center at 1-888-TOLL-FLA (1-888-865-5352)When enrolled in SunPass® Plus, User accepts that any daily charge due at a SunPass® Plus facility of $10.00 or less will be charged to their SunPass® Account Balance, if the balance is sufficient. Charges over $10.00, and any charges where the SunPass® Account Balance is insufficient, will be billed directly to the credit or debit card linked to SunPass® Easy Pay. (Refer to Section 4 for more details regarding SunPass® Plus services.)

10.5
For information regarding replenishment payment methods, visit the SunPass® website, www.sunpass.com or the Mobile App.


10.6
Cash replenishments to Prepaid Accounts may be made at FDOT authorized merchant locations throughout Florida. For additional details and locations, please refer to www.sunpass.com or the Mobile App.


Section 11. Voluntary or Involuntary Deactivation of User’s Transponder


If User’s Transponder is inactive, either voluntarily or involuntarily, User shall immediately: (1) Cease using the Transponder for electronic payment; (2) Remove SunPass® Portable Transponder(s) and permanently remove SunPass® Mini Transponder(s) from any vehicle that may travel on a designated SunPass® toll lane or SunPass® enabled lane or other Interoperable States that accept Transponders for electronic payment; and (3) discontinue traveling on designated SunPass® toll lanes and other SunPass® enabled lanes or other Interoperable States that accept Transponders for electronic payment. Using a Transponder while inactive may subject the User to toll violations and issuance of Uniform Traffic Citations. All activity incurred during inactive status will be charged to the User’s Prepaid Account at the toll rate charged to customers paying by cash at that particular location. No credits will be issued upon reactivating a Transponder(s). Users paying cash while a SunPass® Transponder is installed on the vehicle may be double charged/double billed. SunPass® will not credit your account for duplicate activity when paying with cash unless valid cash receipts are provided to SunPass® within 90 days of the original transaction. The amount of the credit will be at the SunPass® toll rate. Cash receipts are not available at all locations or times of day. If a User fails to remove a SunPass® Transponder from a vehicle following a voluntary or involuntary termination of User’s Prepaid Account, then no credit or refund will be due if one or more tolls are paid by cash at a location or at a time of day for which cash receipts are not available.

11.1
Voluntary or Involuntary Closure of User’s Prepaid Account: If User’s Prepaid Account is closed, all Transponders listed on the User’s Prepaid Account will be changed to inactive. User agrees to comply with the terms for voluntary or involuntary termination of User’s Transponder(s) detailed in Section 15 of this agreement. FDOT may prohibit User to open subsequent account(s) if any previous account has been closed involuntarily. Any remaining balance of the User’s Prepaid Account shall be refunded in accordance with Section 15 of this Agreement.

11.2
Termination of Prepaid Account: FDOT may terminate User’s Prepaid Account at any time for any reason. Where a Prepaid Account has been terminated, all Transponders listed on the account will be deactivated. User agrees to comply with the terms for voluntary or involuntary deactivation of User’s Transponder(s) detailed in Section 15 of this Agreement. In lieu of account termination, FDOT may allow User to retain the account, provided any outstanding balance is paid in full, and User enrolls in SunPass® Easy Pay for the remainder of the Agreement as described in Section 10 of this Agreement. Using Transponder while terminated may subject the User to toll violations and issuance of Uniform Traffic Citations. All activity incurred during a deactivated status will be charged to the account at the toll rate charged to customers paying by cash at that particular location. No credits will be issued upon reactivating a Transponder.

11.3
Transferring a Transponder to Another Party. User may transfer a SunPass® Portable Transponder to another party by following the instructions on the SunPass® website, www.sunpass.com or the Mobile App, under the heading "Frequently Asked Questions”. The SunPass® Mini Transponder is not transferrable and it is the User’s responsibility to remove the SunPass® Mini Transponder when the User no longer has custody of the vehicle. Removal of or attempt to remove a SunPass® Mini Transponder from the vehicle windshield may render the unit useless; however, if User intends to discontinue use of a SunPass® Mini Transponder, User should take care to destroy the Transponder after its removal from the vehicle.


Section 12. Lost or Stolen Transponder


In the event the Transponder is lost or stolen, User shall immediately change the Transponder status to Lost or Stolen on the website, www.sunpass.com, the Mobile App, or notify the SunPass® Customer Service Center at 1-888-TOLL-FLA (1-888-865-5352)User is responsible for all charges paid electronically using a lost or stolen Transponder on the User’s account until notification of the loss or theft is reported in accordance with Section 12. The User’s Transponder status will be modified upon receipt by FDOT of User’s notification of the loss or theft. The User will not be held responsible for future toll activity on a lost or stolen Transponder after the status is changed online or notification is received by the SunPass® Customer Service Center unless the vehicle that went through the toll facility had a license plate listed in the User’s account or the vehicle is registered to the User. In the event that the User does not have any other Transponder(s) or does not purchase a replacement Transponder on the account, the remaining balance may be refunded to the last credit or debit card used previously to make a purchase on the account or by check in accordance with Section 15. Authorized or unauthorized use of the Transponder in any vehicle registered to the User shall be chargeable to the User’s account until notification is made to FDOT in accordance with this Agreement, and the license plate is removed from the User’s account. If a Transponder previously reported lost or stolen is reactivated, any unpaid charges recorded while the Transponder was in a Lost or Stolen status will be charged to User’s account if FDOT determines the usage was the result of the User’s vehicle incurring the charges.


Section 13. Damaged Transponder


Damaged Transponders are not covered by warranty. For purposes of this Agreement, damage is defined as the rendering of the Transponder defective or inoperable due to tampering, abuse, improper use, defacement, or accidental destruction. Removal of or attempt to remove a SunPass® Mini Sticker Transponder from the vehicle windshield may render the unit useless.


Section 14. Malfunctioning Transponder


In the event of failure or malfunction of SunPass® Portable or Mini Transponder User must immediately discontinue use of the Transponder and change the status to Inactive online at www.sunpass.com the Mobile App, or contact the SunPass® Customer Service Center by calling 1-888-TOLL-FLA (1-888-865-5352)Where failure or malfunction occurs, Transponder shall be deactivated and the terms for voluntary or involuntary deactivation of User’s Transponder(s) detailed in Section 11 of this Agreement shall apply. Malfunctioning or defective Transponders due to a manufacturing defect shall be replaced at no cost to User only when returned to the SunPass® Customer Service Center within the manufacturer’s warranty period. Damaged Transponders are not covered by warranty and will not be replaced. Costs related to shipment of the Transponder to the SunPass® Customer Service Center are the responsibility of the User. FDOT may require delivery confirmation in the event the Transponder is not received. User is responsible for any and all unpaid tolls and/or Uniform Traffic Citations issued as a result of any attempt to use a malfunctioning and/or defective Transponder to pay tolls.


Section 15. Closure of Prepaid Account


In the event the Prepaid Account is closed, the remaining balance of the Prepaid Account shall be refunded after 30 days to the User once all toll payments and any appropriate charges have been deducted. (Refer to Sections 11.1 and 11.2 for more details regarding Voluntary or Involuntary Closure of User’s Prepaid Account and Termination of Prepaid Account.) Depending upon the User’s method of payment for the Prepaid Account being closed, refunds may be issued in accordance with the method of payment used to replenish the Prepaid Account. If User’s Prepaid Account has any outstanding balance owed, User shall pay the amount owed at time of closure. If User does not close a Prepaid Account online at www.sunpass.com, the Mobile App, or by calling the SunPass® Customer Service Center at1-888-TOLL-FLA (1-888-865-5352), and no activity is posted to the Prepaid Account for a period of three years, any remaining funds in the Prepaid Account will be subject to the provisions described in section 9.4 of this Agreement.


Section 16. Dispute of Charges


FDOT must be notified of any disputes of charges appearing on User’s Prepaid Account within 90 days of the charge being posted. All disputes are subject to review and approval by FDOT and may require additional documentation or evidence from the User.


Section 17. Miscellaneous


17.1 User releases FDOT, its officers, employees, or agents (collectively “FDOT”), from all loss, damage, or injury whatsoever from the use or performance of SunPass® and the Transponder. FDOT shall not have any obligation or liability to the User with respect to the use or the performance of SunPass® or the Transponder. The only relief available to the User shall be replacement by FDOT of any defective or malfunctioning Transponder in accordance with Section 14 of this Agreement. User agrees to indemnify, protect, and hold harmless FDOT from liability for all loss, damage, or injury to persons or property arising from SunPass® and/or the Transponder.

17.2
It is expressly understood and agreed that FDOT, with verbal or written authorization from User, may make charges against User’s credit, debit card or ACH. If User has provided more than one credit, debit card or ACH for charges on User’s Prepaid Account, User agrees that FDOT may make charges against any of the User’s credit, debit card or ACH for any User payment at any time. User’s online entry of credit or debit card information at www.sunpass.com or the Mobile App shall constitute User’s written authorization to FDOT to make charges against User’s credit or debit card for SunPass® and SunPass® Plus charges wherever incurred. User expressly understands and accepts FDOT shall not be liable to User for any financial costs resulting from these actions. Additionally, FDOT shall not be liable for:
    17.2.1 Any incidental, indirect, special or consequential damages, including, but not limited to, loss of use, revenues, profits, or savings.
    17.2.2 Claims, demands, or actions against User by any person, corporation, or other legal entity resulting from the use of the Transponder(s), credit report inquiry, check authorization, and/or charging against User’s credit card.

17.3
User accepts responsibility of all costs, including, but not limited to the associated costs and ramifications of a conviction related to a Uniform Traffic Citation, collection fees, attorney’s fees, and court costs incurred by FDOT in the enforcement of the terms and conditions of this Agreement.

17.4
If for any reason User’s Prepaid Account balance is insufficient for tolls or any other charges due or owing to FDOT, User shall remain liable to FDOT for such insufficiencies and all applicable charges.

17.5
Unpaid balances due to FDOT may be turned over to a collection agency for enforcement and collection activities.

17.6
Should User be the subject of any Bankruptcy proceeding under the U.S. Bankruptcy Code or become insolvent, FDOT shall have the right to terminate User’s account and services provided. User shall remain and be liable for the payment of all unpaid charges hereunder exclusive of any other remedy provided herein or by law.

17.7
This Agreement shall be binding upon and inure to the benefit of User and User’s successors and FDOT and its successors and assigns. User shall not be permitted to assign the obligations or benefits of this Agreement without the consent of FDOT.

17.8
User accepts that User’s retaining, using, or permitting others to use the Transponder shall thereby constitute User’s acknowledgment of and acceptance of the terms and conditions of this Agreement.

17.9
User accepts that when allowing others to retain or use User’s Transponder, User accepts responsibility to pay the tolls and applicable charges of such permitted use and the obligations of this Agreement shall fully bind and be applicable to User as if User had incurred the tolls and charges.

17.10
To the full extent of Florida’s severance law, the invalidity of any portion of this Agreement shall not affect any other portion of this Agreement, which shall remain in full force and effect.

17.11
User shall immediately inform FDOT of any changes to the information contained in the SunPass® Account records, including without limitation, credit or debit card number and expiration date, ACH Information, bank draft information, payment method, name or address changes, Transponder ownership changes, and vehicular information changes (make/model, license plate information) for all vehicles in which the Transponder is used.

17.12
FDOT reserves the right to reject any SunPass® application.

17.13
FDOT reserves the right to offset amounts owed to FDOT for usage of SunPass® Transponder from funds in User’s Prepaid Account.

17.14
User accepts that by providing User’s e-mail and cellular/mobile phone number, User consents to receive information from FDOT, its consultants, agents or other toll facility operators via e-mail or text messages.

17.15
Questions regarding User’s account or transactions charged to User’s account should be directed to the SunPass® Customer Service Center at the address and telephone number listed below or through the website or Mobile App.

17.16
This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Florida, with the exception of Florida’s choice of law provisions. Other than toll citations, any civil action or legal proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of record of the State of Florida in Leon County, Florida. The forum for Florida Uniform Traffic Citations shall be in the traffic and/or county court for the county where the alleged toll violation occurred. Toll violations occurring in an Interoperable State may be subject to the local laws of the jurisdiction in which the violation occurred.

SunPass® Customer Service Center
• 1-888-TOLL-FLA (1-888-865-5352) TTY Line: 800-955-8771 Florida Relay Service

SunPass® is a registered trademark of the Florida Department of Transportation.

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