PA ID# 000-U03E9-00; Florida Department of Transportation
PW ID# Multiple Project Worksheets; Uncollected Toll Road Revenue
Florida Department of Transportation (Applicant), FEMA-1539-DR, 1545-DR, 1551-DR, 1561-DR, 1595-DR, 1602-DR, 1609-DR, 3259-EM
Eligible Costs, Emergency Work
Toll collection operations on the Florida Turnpike were suspended during mass evacuations pursuant to the Governor’s orders of a State of Emergency for seven separate disasters and one emergency declaration in 2004 and 2005. The Applicant seeks to recover a total of $51,309,400, for uncollected toll road revenue. FEMA denied this funding because uncollected tolls are not eligible costs in the performance of emergency protective measures and because loss of revenue is not an eligible cost under the Public Assistance Program. In its first appeal, the Applicant states that mass evacuations were mandated by the Governor as part of the State’s emergency protective measures with specific directives “to open the highway toll lanes to allow for the free flow of traffic in order to evacuate residents” and to allow “residents to be rescued from the imminent threat created by the approaching hurricane(s).” The Applicant contends that the toll roads functioned as an emergency facility and as such, uncollected tolls were not lost revenue, but rather an expense eligible under emergency protective measures. The Applicant provided a copy of the Governor’s executive order for each incident, a copy of Appendix I and III from the Florida Comprehensive Emergency Management Plan 2004, a traffic and revenue impact calculation statement, and copied citations of 44 CFR §206.225– Emergency Work, 44 CFR §206.221–Definitions, and FEMA’s Public Assistance Guide 322 (October 1999)–Category B Emergency Protective Measures to support its appeal. In its second appeal, the Applicant reiterates its position presented it the first appeal.
1) Is the Applicant’s uncollected toll revenue related to eligible emergency protective measures?
44 CFR §206.225; Public Assistance Guide FEMA 322–Loss of Revenue; The Robert T. Stafford Disaster Relief and Emergency Assistance Act does not authorize assistance for loss of revenue.