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ENROLLED
2026
Legislature
SB 488, 2nd Engrossed
2026488er
1
2 An act relating to transportation; amending s.
3 207.001, F.S.; revising a short title; amending s.
4 207.002, F.S.; providing and revising definitions;
5 amending s. 207.004, F.S.; requiring licensing, rather
6 than registration, of motor carriers; requiring fuel
7 tax decals, rather than identifying devices, for motor
8 carriers; requiring a copy of the license to be
9 carried in each qualified motor vehicle or made
10 available electronically; specifying how fuel tax
11 decals are to be displayed on qualified motor
12 vehicles; requiring the Department of Highway Safety
13 and Motor Vehicles or its authorized agent to issue
14 licenses and fuel tax decals; requiring fuel tax decal
15 renewal orders to be submitted electronically
16 beginning on a specified date; revising required
17 contents of temporary fuel-use permits; removing
18 provisions relating to driveaway permits; amending s.
19 207.005, F.S.; revising reporting periods and due
20 dates for motor fuel use tax returns; requiring such
21 tax returns to be submitted electronically beginning
22 on a specified date; amending s. 207.007, F.S.;
23 revising requirements for calculation of interest due
24 for delinquent tax; providing penalties for any person
25 who counterfeits, alters, manufactures, or sells fuel
26 tax licenses, fuel tax decals, or temporary fuel-use
27 permits except under certain circumstances; amending
28 s. 207.019, F.S.; requiring motor carriers to destroy
29 fuel tax decals under certain circumstances and notify
30 the department; amending s. 316.065, F.S.; revising
31 the apparent amount of property damage that requires
32 the driver of a vehicle involved in a crash to notify
33 law enforcement of the crash; amending s. 320.02,
34 F.S.; providing an exemption from certain vehicle
35 registration requirements for certain active duty
36 military members; requiring applicants to provide
37 proof of address; revising requirements for
38 documenting an applicant’s address and proof of legal
39 presence; defining the term “REAL ID driver license or
40 identification card”; removing certain requirements
41 for business applicants; amending s. 320.061, F.S.;
42 revising a prohibition on obscuring a license plate;
43 providing that the use of a license plate frame or
44 decorative border is not prohibited under specified
45 conditions; amending s. 320.084, F.S.; providing that
46 a disabled veteran may retain a certain license plate
47 designation upon reissuance, renewal, or transfer of
48 the plate; amending s. 320.0843, F.S.; authorizing
49 applications for certain license plates to be made to
50 the tax collector; providing that such license plates
51 may be stamped with specified letters at the option of
52 the applicant; authorizing the tax collector to issue
53 such plates immediately on demand; amending s.
54 320.262, F.S.; revising the definition of the term
55 “license plate obscuring device”; providing that the
56 use of a license plate frame or decorative border
57 device is not prohibited under specified conditions;
58 amending s. 320.64, F.S.; authorizing licensees to
59 reject the succession to interest in a franchise
60 agreement of a motor vehicle dealer under certain
61 circumstances; clarifying the motor vehicles for which
62 a licensee must pay certain costs to a motor vehicle
63 dealer under certain circumstances; prohibiting a
64 licensee from distributing more than a specified
65 percentage of a specified number of motor vehicles of
66 a particular line-make during a certain period to one
67 motor vehicle dealer or dealers that share common
68 ownership or control; providing applicability;
69 amending s. 320.643, F.S.; authorizing a licensee to
70 reject a sale, transfer, alienation, or other
71 disposition of a franchise agreement or an equity
72 interest in a motor vehicle dealer under certain
73 circumstances; amending s. 320.95, F.S.; authorizing
74 the department to use e-mail as a method of
75 notification; amending s. 322.01, F.S.; revising the
76 definition of the term “tank vehicle”; amending ss.
77 322.051 and 322.17, F.S.; requiring an e-mail address
78 to be included on an identification card application
79 and a request for a replacement driver license or
80 instruction permit, respectively; amending s. 322.251,
81 F.S.; authorizing orders of cancellation, suspension,
82 revocation, or disqualification to be provided by e
83 mail notification; amending s. 337.401, F.S.;
84 prohibiting municipalities and counties from requiring
85 that providers locate or perform surveys of certain
86 facilities; requiring a provider to use certain means
87 to avoid damaging certain facilities under specified
88 circumstances; prohibiting municipalities and counties
89 from taking certain actions relating to certain
90 facility permits; authorizing municipalities and
91 counties to require a bond or other financial
92 instrument; prohibiting municipalities and counties
93 from imposing or collecting a tax, fee, cost, charge,
94 or exaction for the placement of certain
95 communications facilities; revising applicability;
96 revising the definition of the term “application”;
97 prohibiting an authority from requiring compliance
98 with an authority’s provisions regarding placement of
99 communications facilities in certain locations;
100 providing exceptions; requiring that certain authority
101 ordinances apply to all providers of communications
102 services; providing bond requirements; providing
103 requirements for certain financial obligations
104 required by an authority; prohibiting an authority
105 from requiring a deposit or escrow of cash or
106 agreement with certain terms; prohibiting an authority
107 from requiring a communications service provider to
108 indemnify it for certain liabilities; prohibiting an
109 authority from imposing certain landscaping and
110 vegetation management requirements; amending ss.
111 120.80, 207.003, 207.008, 207.011, 207.013, 207.014,
112 207.023, 207.0281, 212.08, 316.545, 318.15, 319.35,
113 319.40, 320.03, 322.08, 322.18, 322.21, 322.245,
114 322.2615, 322.2616, 322.64, 324.091, 324.171, 328.30,
115 328.73, and 627.7415, F.S.; conforming provisions to
116 changes made by the act; providing an effective date.
117
118 Be It Enacted by the Legislature of the State of Florida:
119
120 Section 1. Section 207.001, Florida Statutes, is amended to
121 read:
122 207.001 Short title.—This chapter shall be known as the
123 “Florida
Diesel Fuel and
Motor Fuel Use Tax Act
of 1981
,” and
124 the taxes levied under this chapter shall be in addition to all
125 other taxes imposed by law.
126 Section 2. Section 207.002, Florida Statutes, is amended to
127 read:
128 207.002 Definitions.—As used in this chapter, the term:
129
(1)
(2)
“Department” means the Department of Highway Safety
130 and Motor Vehicles.
131
(2) “International Fuel Tax Agreement” means the reciprocal
132
agreement among certain states of the United States, provinces
133
of Canada, and other member jurisdictions which provides for the
134
administration, collection, and enforcement of taxes on the
135
basis of fuel consumed or distance accrued, or both, in member
136
jurisdictions.
137
(3) “Diesel fuel” means any liquid product or gas product
138
or combination thereof, including, but not limited to, all forms
139
of fuel known or sold as diesel fuel, kerosene, butane gas, or
140
propane gas and all other forms of liquefied petroleum gases,
141
except those defined as “motor fuel,” used to propel a motor
142
vehicle.
143
(4) “International Registration Plan” means a registration
144
reciprocity agreement among states of the United States and
145
provinces of Canada providing for payment of license fees or
146
license taxes on the basis of fleet miles operated in various
147
jurisdictions.
148
(3)
(5)
“Interstate” means vehicle movement between or
149 through two or more
member jurisdictions
states
.
150
(4)
(6)
“Intrastate” means vehicle movement from one point
151 within a
member jurisdiction
state
to another point within the
152 same
member jurisdiction
state
.
153
(5) “Member jurisdiction” means a member of the
154
International Fuel Tax Agreement.
155
(6)
(7)
“Motor carrier” means any person owning,
156 controlling, operating, or managing any motor vehicle used to
157 transport persons or property over any public highway.
158
(7)
(8)
“Motor fuel” means
any fuel placed in the fuel
159
supply storage unit of a qualified motor vehicle, including an
160
alternative fuel such as pure methanol, ethanol, or other
161
alcohol; a blend of 85 percent or more alcohol with gasoline;
162
natural gas and liquid fuel produced from natural gas; propane;
163
coal-derived liquified fuel; hydrogen; electricity; pure
164
biodiesel (B100) fuel, other than alcohol, derived from
165
biological materials; P-series fuel; or any other type of fuel
166
or energy used to propel a qualified motor vehicle
what is
167
commonly known and sold as gasoline and fuels containing a
168
mixture of gasoline and other products
.
169
(8)
(9)
“Operate,” “operated,” “operation,” or “operating”
170 means
and includes
the
use
utilization
in any form of any
171
qualified
commercial
motor vehicle, whether loaded or empty,
172 whether
used
utilized
for compensation or not for compensation,
173 and whether owned by or leased to the motor carrier who uses it
174 or causes it to be used.
175
(9)
(10)
“Person” means
and includes
natural persons,
176 corporations, copartnerships, firms, companies, agencies, or
177 associations, singular or plural.
178
(10)
(11)
“Public highway” means any public street, road, or
179 highway in this state.
180
(11)
(1)
“
Qualified
commercial
motor vehicle” means any
181 vehicle not owned or operated by a governmental entity which
182 uses
diesel fuel or
motor fuel on the public highways
;
and which
183 has
two axles and
a gross vehicle weight
or registered gross
184
vehicle weight
in excess of 26,000 pounds, or has three or more
185 axles regardless of weight, or is used in combination when the
186 weight of such combination exceeds 26,000 pounds gross vehicle
187 weight
or registered gross vehicle weight
. The term excludes any
188
recreational vehicle or
vehicle owned or operated by a community
189 transportation coordinator as defined in s. 427.011 or by a
190 private operator that provides public transit services under
191 contract with such a provider.
192
(12) “Registrant” means a person in whose name or names a
193
vehicle is properly registered.
194
(12)
(13)
“Use,” “uses,” or “used” means the consumption of
195
diesel fuel or
motor fuel in a
qualified
commercial
motor
196 vehicle for the propulsion thereof.
197 Section 3. Section 207.004, Florida Statutes, is amended to
198 read:
199 207.004
Licensing
registration
of motor carriers;
fuel tax
200
decals
identifying devices
; fees; renewals; temporary fuel-use
201 permits
and driveaway permits
.—
202 (1)(a)
A
no
motor carrier
may not
shall
operate or cause to
203 be operated in this state any
qualified
commercial
motor
204 vehicle, other than a Florida-based
qualified
commercial
motor
205 vehicle that travels Florida intrastate mileage only,
which
that
206 uses
diesel fuel or
motor fuel until such carrier
is licensed
207
has registered with the department or has registered
under
the
208
International Fuel Tax Agreement
a cooperative reciprocal
209
agreement as described in s. 207.0281, after such time as this
210
state enters into such agreement,
and has been issued
fuel tax
211
decals
an identifying device
or such carrier has been issued a
212
temporary fuel-use
permit as authorized under
subsection
213
subsections (4) and
(5) for each vehicle operated.
The fee for
214
each set of fuel tax decals is
There shall be a fee of
$4 per
215 year or any fraction thereof
. A copy of the license must be
216
carried in each vehicle or made available electronically. The
217
fuel tax decal
for each such identifying device issued. The
218
identifying device shall be provided by the department and
must
219 be conspicuously displayed on the
qualified
commercial
motor
220 vehicle as prescribed by the
instructions on the reverse side of
221
the decal
department
while
the vehicle
it
is being operated on
222 the public highways of this state. The transfer of
a fuel tax
223
decal
an identifying device
from one vehicle to another vehicle
224 or from one motor carrier to another motor carrier is
225 prohibited.
The department or its authorized agent shall issue
226
the licenses and fuel tax decals.
227 (b) The motor carrier to whom
fuel tax decals have
an
228
identifying device has
been issued
is
shall be
solely
229 responsible for the proper use of the
fuel tax decals
230
identifying device
by its employees, consignees, or lessees.
231 (2)
Fuel tax decals
Identifying devices
shall be issued
232 each year for the period January 1 through December 31, or any
233 portion thereof, if tax returns and tax payments, when
234 applicable, have been submitted to the department for
all
prior
235 reporting periods.
Fuel tax decals
Identifying devices
may be
236 displayed for the next succeeding indicia period beginning
237 December 1 of each year.
Beginning October 1, 2026, except as
238
otherwise authorized by the department, all fuel tax decal
239
renewal orders must be submitted electronically through an
240
online system prescribed by the department.
241 (3) If a motor carrier
licensed in this state
no longer
242 operates or causes to be operated in this state
any qualified
a
243
commercial
motor vehicle, the
fuel tax decal for each qualified
244
motor vehicle that is no longer operated or caused to be
245
operated by the motor carrier must
identifying device shall
be
246 destroyed and the motor carrier to whom the
fuel tax decal
247
device
was issued
must
shall
notify the department immediately
248 by letter of such removal and of the number of the
fuel tax
249
decal
identifying device
that
was
has been
destroyed.
250 (4) A motor carrier, before operating a
qualified
251
commercial
motor vehicle on the public highways of this state,
252 must
require each qualified motor vehicle to
display
a fuel tax
253
decal
an identifying device
as required under subsections (1)
254 and (2) or must obtain a temporary fuel-use permit for that
255 vehicle
as provided in subsection (5)
.
A temporary fuel-use
256
permit shall expire within 10 days after date of issuance. The
257
cost of a temporary fuel-use permit is $45, and the permit
258
exempts the vehicle from the payment of the motor fuel or diesel
259
fuel tax imposed under this chapter during the term for which
260
the permit is valid. However, the vehicle is not exempt from
261
paying the fuel tax at the pump.
262 (5)(a) A
registered
motor carrier holding a valid
license
263
may
certificate of registration may, upon payment of the $45 fee
264
per permit,
secure from the department, or any wire service
265 authorized by the department, a temporary fuel-use permit.
266
(b) The fee for a temporary fuel-use permit is $45. A
267
temporary fuel-use permit expires 10 days after the date of
268
issuance and exempts the vehicle from payment of the motor fuel
269
tax imposed under this chapter during the period for which the
270
permit is valid. However, this paragraph does not exempt the
271
vehicle from payment at the pump of the fuel tax imposed under
272
chapter 206.
273
(c)
A
blank
temporary fuel-use permit
, before its use,
must
274
be executed by the motor carrier, in ink or type, so as to
275 identify the carrier, the vehicle to which the permit is
276 assigned, and the
permit’s effective date and expiration
date
277
that the vehicle is placed in and removed from service. The
278
temporary fuel-use permit shall also show a complete
279
identification of the vehicle on which the permit is to be used,
280
together with the name and address of the owner or lessee of the
281
vehicle
. The
endorsed
temporary fuel-use permit
must
shall then
282 be carried on the vehicle that it identifies and
must
shall
be
283 exhibited on demand to any authorized personnel. Temporary fuel
284 use permits may be transmitted to the motor carrier by
285 electronic means
and shall be completed as outlined by
286
department personnel prior to transmittal
.
287
(d)
The motor carrier to whom a temporary fuel-use permit
288 is issued
is
shall be
solely responsible for the proper use of
289 the permit by its employees, consignees, or lessees. Any
290 erasure, alteration, or unauthorized use of a temporary fuel-use
291 permit
renders
shall render
it invalid and of no effect. A motor
292 carrier to whom a temporary fuel-use permit is issued may not
293 knowingly allow the permit to be used by any other person
or
294
organization
.
295
(b) An unregistered motor carrier may, upon payment of the
296
$45 fee, secure from any wire service authorized by the
297
department, by electronic means, a temporary fuel-use permit
298
that shall be valid for a period of 10 days. Such permit must
299
show the name and address of the unregistered motor carrier to
300
whom it is issued, the date the vehicle is placed in and removed
301
from service, a complete identification of the vehicle on which
302
the permit is to be used, and the name and address of the owner
303
or lessee of the vehicle. The temporary fuel-use permit shall
304
then be carried on the vehicle that it identifies and shall be
305
exhibited on demand to any authorized personnel. The
306
unregistered motor carrier to whom a temporary fuel-use permit
307
is issued shall be solely responsible for the proper use of the
308
permit by its employees, consignees, or lessees. Any erasure,
309
alteration, or unauthorized use of a temporary fuel-use permit
310
shall render it invalid and of no effect. The unregistered motor
311
carrier to whom a temporary fuel-use permit is issued may not
312
knowingly allow the permit to be used by any other person or
313
organization.
314
(c) A registered motor carrier engaged in driveaway
315
transportation, in which the cargo is the vehicle itself and is
316
in transit to stock inventory and the ownership of the vehicle
317
is not vested in the motor carrier, may, upon payment of the $4
318
fee, secure from the department a driveaway permit. The
319
driveaway permits shall be issued for the period January 1
320
through December 31. An original permit must be in the
321
possession of the operator of each vehicle and shall be
322
exhibited on demand to any authorized personnel. Vehicle mileage
323
reports must be submitted by the motor carrier, and the road
324
privilege tax must be paid on all miles operated within this
325
state during the reporting period. All other provisions of this
326
chapter shall apply to the holder of a driveaway permit.
327 Section 4. Section 207.005, Florida Statutes, is amended to
328 read:
329 207.005 Returns and payment of tax; delinquencies;
330 calculation of fuel used during operations in
this
the
state;
331 credit; bond.—
332 (1) The taxes levied under this chapter
are
shall be
due
333 and payable on the first day of the month following the last
334 month of the reporting period. The department may
adopt
335
promulgate
rules for requiring and establishing procedures for
336 annual, semiannual, or quarterly filing. The reporting period
is
337
shall be
the 12 months beginning
January
July
1 and ending
338
December 31
June 30
.
It shall be the duty of
Each motor carrier
339
licensed
registered
or required to be
licensed
registered
under
340
the provisions of
this chapter
must
to
submit a return
by the
341
following due dates, except that each due date is extended until
342
the last day of the month of the due date, and, if the last day
343
of the month falls on a Saturday, Sunday, or legal holiday, the
344
due date is further extended until the next day that is not a
345
Saturday, Sunday, or legal holiday
within 30 days after the due
346
date. The due date shall be as follows
:
347 (a) If annual filing, the due date
is January 31
shall be
348
July 1
;
349 (b) If semiannual filing, the due dates
are
shall be
350 January
31
1
and July
31
1
; or
351 (c) If quarterly filing, the due dates
are
shall be
January
352
31
1
, April
30
1
, July
31
1
, and October
31
1
.
353 (2) The amount of fuel used in the propulsion of any
354
qualified
commercial
motor vehicle within this state may be
355 calculated, if the motor carrier maintains adequate records, by
356 applying total interstate vehicular consumption of all
diesel
357
fuel and
motor fuel used as related to total miles traveled and
358 applying such rate to total miles traveled within this state. In
359 the absence of adequate documentation by the motor carrier, the
360 department
may adopt
is authorized to promulgate
rules
361 converting miles driven to gallons used.
362 (3) For the purpose of computing the carrier’s liability
363 for the
fuel
road privilege
tax, the total gallons of fuel used
364 in the propulsion of any
qualified
commercial
motor vehicle in
365 this state shall be multiplied by the rates provided in parts I
366 III of chapter 206. From the sum determined by this calculation,
367 there shall be allowed a credit equal to the amount of the tax
368 per gallon under parts I-III of chapter 206 for each gallon of
369 fuel purchased in this state during the reporting period when
370 the
diesel fuel or
motor fuel tax was paid at the time of
371 purchase. If the tax paid under parts I-III of chapter 206
372 exceeds the total tax due under this chapter, the excess may be
373 allowed as a credit against future tax payments, until the
374 credit is fully offset or until eight calendar quarters shall
375 have passed since the end of the calendar quarter in which the
376 credit accrued, whichever occurs first. A refund may be made for
377 this credit provided it exceeds $10.
378 (4) The department
may adopt
is authorized to promulgate
379 the necessary rules to provide for an adequate bond from each
380 motor carrier to ensure payment of taxes required under this
381 chapter.
382
(5) Beginning October 1, 2026, except as otherwise
383
authorized by the department, all returns must be submitted
384
electronically through an online system prescribed by the
385
department.
386 Section 5. Section 207.007, Florida Statutes, is amended to
387 read:
388 207.007 Offenses; penalties and interest.—
389 (1) If any motor carrier
licensed
registered
under this
390 chapter fails to file a return
or
and
pay any tax liability
391 under this chapter within the time required
hereunder
, the
392 department may impose a delinquency penalty of $50 or 10 percent
393 of the delinquent taxes due, whichever is greater, if the
394 failure is for not more than 30 days, with an additional 10
395 percent penalty for each additional 30 days, or fraction
396 thereof, during the time which the failure continues, not to
397 exceed a total penalty of 100 percent in the aggregate. However,
398 the penalty may not be less than $50.
399 (2) In addition to any other penalties, any delinquent tax
400 shall bear interest
in accordance with the International Fuel
401
Tax Agreement
at the rate of 1 percent per month, or fraction
402
thereof, calculated from the date the tax was due. If the
403
department enters into a cooperative reciprocal agreement under
404
the provisions of s. 207.0281, the department shall collect and
405
distribute all interest due to other jurisdictions at the same
406
rate as if such interest were due to the state
.
407 (3) Any person who:
408 (a) Willfully refuses or neglects to make any statement,
409 report, or return required by
the provisions of
this chapter;
410 (b) Knowingly makes, or assists any other person in making,
411 a false statement in a return or report
or
in connection with an
412 application for
licensure
registration
under this chapter
or in
413
connection with an audit
;
or
414
(c) Counterfeits, alters, manufactures, or sells fuel tax
415
licenses, fuel tax decals, or temporary fuel-use permits without
416
first having obtained the department’s permission in writing; or
417
(d)
(c)
Violates any
provision
of the provisions
of this
418 chapter, a penalty for which is not otherwise provided,
419
420
commits
is guilty of
a felony of the third degree, punishable as
421 provided in s. 775.082, s. 775.083, or s. 775.084. In addition,
422 the department may revoke or suspend the
licensure and
423 registration privileges under ss. 207.004 and 320.02
,
424
respectively,
of the violator. Each day or part thereof during
425 which a person operates or causes to be operated a
qualified
426
commercial
motor vehicle without being the holder of
fuel tax
427
decals
an identifying device
or having a valid temporary fuel
428 use
or driveaway
permit as required by this chapter constitutes
429 a separate offense within the meaning of this section. In
430 addition to the penalty imposed by this section, the defendant
431
is
shall be
required to pay all taxes, interest, and penalties
432 due to
this
the
state.
433 Section 6. Subsection (1) of section 207.019, Florida
434 Statutes, is amended to read:
435 207.019 Discontinuance or transfer of business; change of
436 address.—
437 (1) Whenever a person ceases to engage in business as a
438 motor carrier within
this
the
state by reason of the
439 discontinuance, sale, or transfer of the business of such
440 person,
the person
he or she
shall notify the department in
441 writing at least 10 days
before
prior to
the time the
442 discontinuance, sale, or transfer takes effect. Such notice
must
443
shall
give the date of discontinuance and, in the event of a
444 sale or transfer of the business, the date thereof and the name
445 and address of the purchaser or transferee. All
diesel fuel or
446 motor fuel use taxes
are
shall become
due and payable
447 concurrently with such discontinuance, sale, or transfer;
and
448 any such person shall, concurrently with such discontinuance,
449 sale, or transfer, make a report
and
,
pay all such taxes,
450 interest, and penalties
; and the fuel tax decals must be
451
destroyed and the motor carrier to whom the decals were issued
452
shall notify the department by letter of their destruction and
453
of the numbers of the fuel tax decals that were destroyed
, and
454
surrender to the department the registration issued to such
455
person
.
456 Section 7. Subsection (1) of section 316.065, Florida
457 Statutes, is amended to read:
458 316.065 Crashes; reports; penalties.—
459 (1) The driver of a vehicle involved in a crash resulting
460 in injury to or death of any persons or damage to any vehicle or
461 other property in an apparent amount of at least
$2,000
$500
462 shall immediately by the quickest means of communication give
463 notice of the crash to the local police department, if such
464 crash occurs within a municipality; otherwise, to the office of
465 the county sheriff or the nearest office or station of the
466 Florida Highway Patrol. A violation of this subsection is a
467 noncriminal traffic infraction, punishable as a nonmoving
468 violation as provided in chapter 318.
469 Section 8. Subsection (2) and paragraph (e) of subsection
470 (5) of section 320.02, Florida Statutes, are amended to read:
471 320.02 Registration required; application for registration;
472 forms.—
473 (2)(a) The application for registration must include the
474 street address of the owner’s permanent
Florida
residence or the
475 address of his or her permanent place of business
in Florida
and
476 be accompanied by personal or business identification
477 information.
If the vehicle is registered to an active duty
478
member of the United States Armed Forces who is a Florida
479
resident, the active duty member is not required to provide the
480
street address of a permanent Florida residence.
481
(b)
An individual applicant must provide
proof of address
482
satisfactory to the department and:
483
1.
A valid
REAL ID
driver license or identification card
484 issued by this state or another state
;
or
485
2.
A valid
, unexpired United States
passport
; or
486
3. A valid, unexpired passport issued by another country
487
and an unexpired Form I-94 issued by the United States Bureau of
488
Customs and Border Protection
.
489
490
For purposes of this paragraph, the term “REAL ID driver license
491
or identification card” has the same meaning as provided in 6
492
C.F.R. s. 37.3.
493
(c)
A business applicant must provide a federal employer
494 identification number, if applicable, or verification that the
495 business is authorized to conduct business in
this
the
state, or
496 a Florida municipal or county business license or number.
497
1. If the owner does not have a permanent residence or
498
permanent place of business or if the owner’s permanent
499
residence or permanent place of business cannot be identified by
500
a street address, the application must include:
501
a. If the vehicle is registered to a business, the name and
502
street address of the permanent residence of an owner of the
503
business, an officer of the corporation, or an employee who is
504
in a supervisory position.
505
b. If the vehicle is registered to an individual, the name
506
and street address of the permanent residence of a close
507
relative or friend who is a resident of this state.
508
2. If the vehicle is registered to an active duty member of
509
the Armed Forces of the United States who is a Florida resident,
510
the active duty member is exempt from the requirement to provide
511
the street address of a permanent residence.
512
(d)
(b)
The department shall prescribe a form upon which
513 motor vehicle owners may record odometer readings when
514 registering their motor vehicles.
515 (5)
516 (e) Upon the expiration date noted in the cancellation
517 notice that the department receives from the insurer, the
518 department shall suspend the registration
,
issued under this
519 chapter or
revoke the license issued under
s. 207.004(1)
,
of a
520 motor carrier who operates a commercial motor vehicle or
a
521
qualified motor vehicle
who permits it to be operated in this
522 state during the registration period
or licensure period
without
523 having in full force liability insurance, a surety bond, or a
524 valid self-insurance certificate that complies with this
525 section. The insurer shall provide notice to the department at
526 the same time the cancellation notice is provided to the insured
527 pursuant to s. 627.7281. The department may adopt rules
528 regarding the electronic submission of the cancellation notice.
529 Section 9. Section 320.061, Florida Statutes, is amended to
530 read:
531 320.061 Unlawful to alter motor vehicle registration
532 certificates, license plates, temporary license plates, mobile
533 home stickers, or validation stickers or to obscure license
534 plates; penalty.—
535
(1)
A person may not alter the original appearance of a
536 vehicle registration certificate, license plate, temporary
537 license plate, mobile home sticker, or validation sticker issued
538 for and assigned to a motor vehicle or mobile home, whether by
539 mutilation, alteration, defacement, or change of color or in any
540 other manner. A person may not apply or attach a substance,
541 reflective matter, illuminated device, spray, coating, covering,
542 or other material onto or around any license plate which
543 interferes with the legibility, angular visibility, or
544 detectability of
any feature or detail on
the license plate
545
number or validation sticker
or interferes with the ability to
546 record
any feature or detail on
the license plate
number or
547
validation sticker
. A person who knowingly violates this section
548 commits a misdemeanor of the second degree, punishable as
549 provided in s. 775.082 or s. 775.083.
550
(2) The use of a license plate frame or decorative border
551
around a license plate is not an offense under this section,
552
provided that the frame or border does not obscure the
553
visibility of the following:
554
(a) The alphanumeric designation or license plate number.
555
(b) The registration decal or validation sticker located in
556
the upper right corner.
557 Section 10. Subsection (3) of section 320.084, Florida
558 Statutes, is amended to read:
559 320.084 Free motor vehicle license plate to certain
560 disabled veterans.—
561 (3) The department shall, as it deems necessary, require
562 each person to whom a motor vehicle license plate has been
563 issued pursuant to subsection (1) to apply to the department for
564 reissuance of his or her registration license plate. Upon
565 receipt of the application and proof of the applicant’s
566 continued eligibility, the department shall issue a new
567 permanent disabled veteran motor vehicle license plate which
568 shall be of the colors red, white, and blue similar to the
569 colors of the United States flag.
A disabled veteran who has
570
been issued a permanent disabled veteran motor vehicle license
571
plate may retain the unique alphanumeric designation assigned to
572
the plate upon reissuance, renewal, or transfer of the plate to
573
another vehicle owned by the veteran.
The operation of a motor
574 vehicle displaying a disabled veteran license plate from a
575 previous issue period or a noncurrent validation sticker after
576 the date specified by the department shall subject the owner if
577 he or she is present, otherwise the operator, to the penalty
578 provided in s. 318.18(2). Such permanent license plate shall be
579 removed upon sale of the vehicle, but may be transferred to
580 another vehicle owned by such veteran in the manner prescribed
581 by law. Upon request of any such veteran, the department is
582 authorized to issue a designation plate containing only the
583 letters “DV,” to be displayed on the front of the vehicle.
584 Section 11. Section 320.0843, Florida Statutes, is amended
585 to read:
586 320.0843 License plates for persons with disabilities
587 eligible for permanent disabled parking permits.—
588 (1) Any owner or lessee of a motor vehicle who resides in
589 this state and qualifies for a disabled parking permit under s.
590 320.0848(2), upon application to the department
, or the tax
591
collector as an authorized agent of the department,
and payment
592 of the license tax for a motor vehicle registered under s.
593 320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b), (6)(a), or
594 (9)(c) or (d), shall be issued a license plate as provided by s.
595 320.06 which, in lieu of
or in addition to
the serial number
596 prescribed by s. 320.06, shall
, at the option of the applicant,
597 be stamped with the international wheelchair user symbol
or the
598
letters “DV” indicating a disabled veteran
after the serial
599 number of the license plate. The license plate entitles the
600 person to all privileges afforded by a parking permit issued
601 under s. 320.0848. When more than one registrant is listed on
602 the registration issued under this section, the eligible
603 applicant shall be noted on the registration certificate.
604 (2) All applications for such license plates
may
must
be
605 made to the department
or the tax collector, and such plates may
606
be issued immediately on demand by the tax collector
.
607 Section 12. Paragraphs (c) and (d) of subsection (1) of
608 section 320.262, Florida Statutes, are amended, and subsection
609 (5) is added to that section, to read:
610 320.262 License plate obscuring device prohibited;
611 penalties.—
612 (1) As used in this section, the term “license plate
613 obscuring device” means a manual, electronic, or mechanical
614 device designed or adapted to be installed on a motor vehicle
615 for the purpose of:
616 (c) Covering, obscuring, or otherwise interfering with the
617 legibility, angular visibility, or detectability of the
primary
618
features or details, including the
license plate number or
619 validation sticker
, on the license plate
; or
620 (d) Interfering with the ability to record the
primary
621
features or details, including the
license plate number or
622 validation sticker
, on the license plate
.
623
(5) The use of a license plate frame or decorative border
624
device is not an offense under this section, provided that the
625
device does not obscure the visibility of the following:
626
(a) The alphanumeric designation or license plate number.
627
(b) The registration decal or validation sticker located in
628
the upper right corner.
629 Section 13. Subsection (16) and paragraph (a) of subsection
630 (36) of section 320.64, Florida Statutes, are amended, and
631 subsection (44) is added to that section, to read:
632 320.64 Denial, suspension, or revocation of license;
633 grounds.—A license of a licensee under s. 320.61 may be denied,
634 suspended, or revoked within the entire state or at any specific
635 location or locations within the state at which the applicant or
636 licensee engages or proposes to engage in business, upon proof
637 that the section was violated with sufficient frequency to
638 establish a pattern of wrongdoing, and a licensee or applicant
639 shall be liable for claims and remedies provided in ss. 320.695
640 and 320.697 for any violation of any of the following
641 provisions. A licensee is prohibited from committing the
642 following acts:
643 (16)
(a)
Notwithstanding the terms of any franchise
644 agreement, the applicant or licensee prevents or refuses to
645 accept the succession to any interest in a franchise agreement
646 by any legal heir or devisee under the will of a motor vehicle
647 dealer or under the laws of descent and distribution of this
648 state; provided, the applicant or licensee is not required to
649 accept a succession
:
650
1. When
where
such heir or devisee does not meet licensee’s
651 written, reasonable, and uniformly applied minimal standard
652 qualifications for dealer applicants
;
653
2.
or
Which, after notice and administrative hearing
654 pursuant to chapter 120, is demonstrated to be detrimental to
655 the public interest or to the representation of the applicant or
656 licensee
; or
657
3. When the direct result of such succession will cause the
658
applicant or licensee to be in violation of subsection (44)
.
659
(b) This subsection does not
Nothing contained herein,
660
however, shall
prevent a motor vehicle dealer, during his or her
661 lifetime, from designating any person as his or her successor in
662 interest by written instrument filed with and accepted by the
663 applicant or licensee. A licensee who rejects the successor
664 transferee under this subsection shall have the burden of
665 establishing in any proceeding where such rejection is in issue
666 that the rejection of the successor transferee complies with
667 this subsection.
668 (36)(a) Notwithstanding the terms of any franchise
669 agreement, in addition to any other statutory or contractual
670 rights of recovery after the voluntary or involuntary
671 termination, cancellation, or nonrenewal of a franchise, failing
672 to pay the motor vehicle dealer, as provided in paragraph (d),
673 the following amounts:
674 1. The net cost paid by the dealer for each new
motor
675
vehicle other than motorcycles
car or truck
in the dealer’s
676 inventory with mileage of 2,000 miles or less, or
each new
a
677 motorcycle
in the dealer’s inventory
with mileage of 100 miles
678 or less, exclusive of mileage placed on the
motor
vehicle before
679 it was delivered to the dealer.
680 2. The current price charged for each new, unused,
681 undamaged, or unsold part or accessory that:
682 a. Is in the current parts catalog and is still in the
683 original, resalable merchandising package and in an unbroken
684 lot, except that sheet metal may be in a comparable substitute
685 for the original package; and
686 b. Was purchased by the dealer directly from the
687 manufacturer or distributor or from an outgoing authorized
688 dealer as a part of the dealer’s initial inventory.
689 3. The fair market value of each undamaged sign owned by
690 the dealer which bears a trademark or trade name used or claimed
691 by the applicant or licensee or its representative which was
692 purchased from or at the request of the applicant or licensee or
693 its representative.
694 4. The fair market value of all special tools, data
695 processing equipment, and automotive service equipment owned by
696 the dealer which:
697 a. Were recommended in writing by the applicant or licensee
698 or its representative and designated as special tools and
699 equipment;
700 b. Were purchased from or at the request of the applicant
701 or licensee or its representative; and
702 c. Are in usable and good condition except for reasonable
703 wear and tear.
704 5. The cost of transporting, handling, packing, storing,
705 and loading any property subject to repurchase under this
706 section.
707
(44)(a) The applicant or licensee has directly or
708
indirectly distributed 1,000 or more motor vehicles of a
709
particular line-make to motor vehicle dealers in this state
710
during any 12-month period and has directly or indirectly
711
distributed more than 33.33 percent of those same line-make
712
motor vehicles during that 12-month period to one motor vehicle
713
dealer or to multiple motor vehicle dealers that share common
714
ownership or control. For purposes of this subsection, a motor
715
vehicle dealer shares common ownership or control with another
716
motor vehicle dealer if:
717
1. It is directly or indirectly controlled by or has more
718
than 30 percent of its equity interest directly or indirectly
719
owned by another motor vehicle dealer; or
720
2. It has more than 30 percent of its equity interest
721
directly or indirectly controlled or owned by one or more
722
persons who also directly or indirectly control or own more than
723
30 percent of the equity interests of another motor vehicle
724
dealer.
725
(b) This subsection does not apply to any line-make of
726
motor vehicle for which there exists a licensed franchised
727
dealer in this state as of January 1, 2026, or to an applicant
728
or licensee who is not prohibited by s. 320.645 from owning or
729
operating a motor vehicle dealership.
730
731 A motor vehicle dealer who can demonstrate that a violation of,
732 or failure to comply with, any of the preceding provisions by an
733 applicant or licensee will or may adversely and pecuniarily
734 affect the complaining dealer, shall be entitled to pursue all
735 of the remedies, procedures, and rights of recovery available
736 under ss. 320.695 and 320.697.
737 Section 14. Subsections (1) and (2) of section 320.643,
738 Florida Statutes, are amended to read:
739 320.643 Transfer, assignment, or sale of franchise
740 agreements.—
741 (1)(a) Notwithstanding the terms of any franchise
742 agreement, a licensee
may
shall
not, by contract or otherwise,
743 fail or refuse to give effect to, prevent, prohibit, or penalize
744 or attempt to refuse to give effect to, prohibit, or penalize
745 any motor vehicle dealer from selling, assigning, transferring,
746 alienating, or otherwise disposing of its franchise agreement to
747 any other person or persons, including a corporation established
748 or existing for the purpose of owning or holding a franchise
749 agreement, unless the licensee proves at a hearing pursuant to a
750 complaint filed by a motor vehicle dealer under this section
751 that the sale, transfer, alienation, or other disposition
:
752
1.
Is to a person who is not, or whose controlling
753 executive management is not, of good moral character
;
754
2. Is to a person who
or
does not meet the written,
755 reasonable, and uniformly applied standards or qualifications of
756 the licensee relating to financial qualifications of the
757 transferee and business experience of the transferee or the
758 transferee’s executive management
; or
759
3. Would directly cause the licensee to be in violation of
760
s. 320.64(44)
.
761
(b)
A motor vehicle dealer who desires to sell, assign,
762 transfer, alienate, or otherwise dispose of a franchise shall
763 notify, or cause the proposed transferee to notify, the
764 licensee, in writing, setting forth the prospective transferee’s
765 name, address, financial qualifications, and business experience
766 during the previous 5 years. A licensee who receives such notice
767 may, within 60 days following such receipt, notify the motor
768 vehicle dealer, in writing, that the proposed transferee is not
769 a person qualified to be a transferee under this section and
770 setting forth the material reasons for such rejection. Failure
771 of the licensee to notify the motor vehicle dealer within the
772 60-day period of such rejection shall be deemed an approval of
773 the transfer. No such transfer, assignment, or sale shall be
774 valid unless the transferee agrees in writing to comply with all
775 requirements of the franchise then in effect, but with the
776 ownership changed to the transferee.
777
(c)
(b)
A motor vehicle dealer whose proposed sale is
778 rejected may, within 60 days following such receipt of such
779 rejection, file with the department a complaint for a
780 determination that the proposed transferee has been rejected in
781 violation of this section. The licensee has the burden of proof
782 with respect to all issues raised by the complaint. The
783 department shall determine, and enter an order providing, that
784 the proposed transferee is either qualified or is not and cannot
785 be qualified for specified reasons, or the order may provide the
786 conditions under which a proposed transferee would be qualified.
787 If the licensee fails to file such a response to the motor
788 vehicle dealer’s complaint within 30 days after receipt of the
789 complaint, unless the parties agree in writing to an extension,
790 or if the department, after a hearing, renders a decision other
791 than one disqualifying the proposed transferee, the franchise
792 agreement between the motor vehicle dealer and the licensee is
793 deemed amended to incorporate such transfer or amended in
794 accordance with the determination and order rendered, effective
795 upon compliance by the proposed transferee with any conditions
796 set forth in the determination or order.
797 (2)(a) Notwithstanding the terms of any franchise
798 agreement, a licensee
may
shall
not, by contract or otherwise,
799 fail or refuse to give effect to, prevent, prohibit, or
800 penalize, or attempt to refuse to give effect to, prevent,
801 prohibit, or penalize, any motor vehicle dealer or any
802 proprietor, partner, stockholder, owner, or other person who
803 holds or otherwise owns an interest therein from selling,
804 assigning, transferring, alienating, or otherwise disposing of,
805 in whole or in part, the equity interest of any of them in such
806 motor vehicle dealer to any other person or persons, including a
807 corporation established or existing for the purpose of owning or
808 holding the stock or ownership interests of other entities,
809 unless the licensee proves at a hearing pursuant to a complaint
810 filed by a motor vehicle dealer under this section that the
811 sale, transfer, alienation, or other disposition
:
812
1.
Is to a person who is not, or whose controlling
813 executive management is not, of good moral character
; or
814
2. Would directly cause the licensee to be in violation of
815
s. 320.64(44)
.
816
(b)
A motor vehicle dealer, or any proprietor, partner,
817 stockholder, owner, or other person who holds or otherwise owns
818 an interest in the motor vehicle dealer, who desires to sell,
819 assign, transfer, alienate, or otherwise dispose of any interest
820 in such motor vehicle dealer shall notify, or cause the proposed
821 transferee to so notify, the licensee, in writing, of the
822 identity and address of the proposed transferee. A licensee who
823 receives such notice may, within 60 days following such receipt,
824 notify the motor vehicle dealer in writing that the proposed
825 transferee is not a person qualified to be a transferee under
826 this section and setting forth the material reasons for such
827 rejection. Failure of the licensee to notify the motor vehicle
828 dealer within the 60-day period of such rejection shall be
829 deemed an approval of the transfer. Any person whose proposed
830 sale of stock is rejected may file within 60 days of receipt of
831 such rejection a complaint with the department alleging that the
832 rejection was in violation of the law or the franchise
833 agreement. The licensee has the burden of proof with respect to
834 all issues raised by such complaint. The department shall
835 determine, and enter an order providing, that the proposed
836 transferee either is qualified or is not and cannot be qualified
837 for specified reasons; or the order may provide the conditions
838 under which a proposed transferee would be qualified. If the
839 licensee fails to file a response to the motor vehicle dealer’s
840 complaint within 30 days of receipt of the complaint, unless the
841 parties agree in writing to an extension, or if the department,
842 after a hearing, renders a decision on the complaint other than
843 one disqualifying the proposed transferee, the transfer shall be
844 deemed approved in accordance with the determination and order
845 rendered, effective upon compliance by the proposed transferee
846 with any conditions set forth in the determination or order.
847
(c)
(b)
Notwithstanding paragraph (a), a licensee may not
848 reject a proposed transfer of a legal, equitable, or beneficial
849 interest in a motor vehicle dealer to a trust or other entity,
850 or to any beneficiary thereof, which is established by an owner
851 of any interest in a motor vehicle dealer for purposes of estate
852 planning, if the controlling person of the trust or entity, or
853 the beneficiary, is of good moral character.
854 Section 15. Subsection (2) of section 320.95, Florida
855 Statutes, is amended to read:
856 320.95 Transactions by electronic or telephonic means.—
857 (2) The department may collect
e-mail
electronic mail
858 addresses and use
e-mail
electronic mail
in lieu of the United
859 States Postal Service
as a method of notification
for the
860
purpose of providing renewal notices
.
861 Section 16. Subsection (44) of section 322.01, Florida
862 Statutes, is amended to read:
863 322.01 Definitions.—As used in this chapter:
864 (44) “Tank vehicle” means a
commercial motor
vehicle that
865 is designed to transport any liquid or gaseous material within
866
one or more tanks that each have an individual rated capacity of
867
more than 119 gallons and an aggregate rated capacity of 1,000
868
gallons or more and that are
a tank
either permanently or
869 temporarily attached to the vehicle
or chassis. The term does
870
not include a commercial motor vehicle transporting an empty
871
storage tank that is not designed for transportation but that is
872
temporarily attached to a flatbed trailer
, if such tank has a
873
designed capacity of 1,000 gallons or more
.
874 Section 17. Paragraph (a) of subsection (1) of section
875 322.051, Florida Statutes, is amended to read:
876 322.051 Identification cards.—
877 (1) Any person who is 5 years of age or older, or any
878 person who has a disability, regardless of age, who applies for
879 a disabled parking permit under s. 320.0848, may be issued an
880 identification card by the department upon completion of an
881 application and payment of an application fee.
882 (a) The application must include the following information
883 regarding the applicant:
884 1. Full name (first, middle or maiden, and last), gender,
885 proof of social security card number satisfactory to the
886 department, which may include a military identification card,
887 county of residence, mailing address,
e-mail address,
proof of
888 residential address satisfactory to the department, country of
889 birth, and a brief description.
890 2. Proof of birth date satisfactory to the department.
891 3. Proof of identity satisfactory to the department. Such
892 proof must include one of the following documents issued to the
893 applicant:
894 a. A driver license record or identification card record
895 from another jurisdiction that required the applicant to submit
896 a document for identification which is substantially similar to
897 a document required under sub-subparagraph b., sub-subparagraph
898 c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
899 f., sub-subparagraph g., or sub-subparagraph h.;
900 b. A certified copy of a United States birth certificate;
901 c. A valid, unexpired United States passport;
902 d. A naturalization certificate issued by the United States
903 Department of Homeland Security;
904 e. A valid, unexpired alien registration receipt card
905 (green card);
906 f. A Consular Report of Birth Abroad provided by the United
907 States Department of State;
908 g. An unexpired employment authorization card issued by the
909 United States Department of Homeland Security; or
910 h. Proof of nonimmigrant classification provided by the
911 United States Department of Homeland Security, for an original
912 identification card. In order to prove nonimmigrant
913 classification, an applicant must provide at least one of the
914 following documents. In addition, the department may require
915 applicants to produce United States Department of Homeland
916 Security documents for the sole purpose of establishing the
917 maintenance of, or efforts to maintain, continuous lawful
918 presence:
919 (I) A notice of hearing from an immigration court
920 scheduling a hearing on any proceeding.
921 (II) A notice from the Board of Immigration Appeals
922 acknowledging pendency of an appeal.
923 (III) A notice of the approval of an application for
924 adjustment of status issued by the United States Citizenship and
925 Immigration Services.
926 (IV) An official documentation confirming the filing of a
927 petition for asylum or refugee status or any other relief issued
928 by the United States Citizenship and Immigration Services.
929 (V) A notice of action transferring any pending matter from
930 another jurisdiction to Florida, issued by the United States
931 Citizenship and Immigration Services.
932 (VI) An order of an immigration judge or immigration
933 officer granting relief that authorizes the alien to live and
934 work in the United States, including, but not limited to,
935 asylum.
936 (VII) Evidence that an application is pending for
937 adjustment of status to that of an alien lawfully admitted for
938 permanent residence in the United States or conditional
939 permanent resident status in the United States, if a visa number
940 is available having a current priority date for processing by
941 the United States Citizenship and Immigration Services.
942 (VIII) On or after January 1, 2010, an unexpired foreign
943 passport with an unexpired United States Visa affixed,
944 accompanied by an approved I-94, documenting the most recent
945 admittance into the United States.
946
947 An identification card issued based on documents required in
948 sub-subparagraph g. or sub-subparagraph h. is valid for a period
949 not to exceed the expiration date of the document presented or 1
950 year, whichever occurs first.
951 Section 18. Subsection (1) of section 322.17, Florida
952 Statutes, is amended to read:
953 322.17 Replacement licenses and permits.—
954 (1)(a) In the event that an instruction permit or driver
955 license issued under
the provisions of
this chapter is lost or
956 destroyed, the person to whom the same was issued may, upon
957 payment of the appropriate fee pursuant to s. 322.21, obtain a
958 replacement upon furnishing proof satisfactory to the department
959 that such permit or license has been lost or destroyed, and
960 further furnishing the full name, date of birth, sex, residence
961 and mailing address,
e-mail address,
proof of birth satisfactory
962 to the department, and proof of identity satisfactory to the
963 department.
964 (b) In the event that an instruction permit or driver
965 license issued under
the provisions of
this chapter is stolen,
966 the person to whom the same was issued may, at no charge, obtain
967 a replacement upon furnishing proof satisfactory to the
968 department that such permit or license was stolen and further
969 furnishing the full name, date of birth, sex, residence and
970 mailing address,
e-mail address,
proof of birth satisfactory to
971 the department, and proof of identity satisfactory to the
972 department.
973 Section 19. Subsections (1), (2), (3), and (6) of section
974 322.251, Florida Statutes, are amended to read:
975 322.251 Notice of cancellation, suspension, revocation, or
976 disqualification of license.—
977 (1) All orders of cancellation, suspension, revocation, or
978 disqualification issued under
the provisions of
this chapter,
979 chapter 318, chapter 324, or ss. 627.732-627.734
must
shall
be
980 given
either
by personal delivery
thereof
to the licensee whose
981 license is being canceled, suspended, revoked, or disqualified
;
982
or
by deposit in the United States mail in an envelope, first
983 class, postage prepaid, addressed to the licensee at his or her
984 last known mailing address furnished to the department
; or by e
985
mail notification if authorized by the licensee
. Such
methods of
986
notification
mailing
by the department
constitute notice
987
constitutes notification
, and any failure by the person to
988 receive the
mailed
order
does
will
not affect or stay the
989 effective date or term of the cancellation, suspension,
990 revocation, or disqualification of the licensee’s driving
991 privilege.
992 (2) The giving of notice and an order of cancellation,
993 suspension, revocation, or disqualification
by mail
is complete
994 upon expiration of 20 days after
e-mail notification or
deposit
995 in the United States mail for all notices except those issued
996 under chapter 324 or ss. 627.732–627.734, which are complete 15
997 days after
e-mail notification or
deposit in the United States
998 mail. Proof of the giving of notice and an order of
999 cancellation, suspension, revocation, or disqualification in
1000
such
either
manner
must
shall
be made by entry in the records of
1001 the department that such notice was given. The entry is
1002 admissible in the courts of this state and constitutes
1003 sufficient proof that such notice was given.
1004 (3) Whenever the driving privilege is suspended, revoked,
1005 or disqualified under
the provisions of
this chapter, the period
1006 of such suspension, revocation, or disqualification
must
shall
1007 be indicated on the order of suspension, revocation, or
1008 disqualification, and the department shall require the licensee
1009 whose driving privilege is suspended, revoked, or disqualified
1010 to surrender all licenses then held by him or her to the
1011 department. However,
if
should
the person
fails
fail
to
1012 surrender such licenses, the suspension, revocation, or
1013 disqualification period
does
shall
not expire until a period
1014 identical to the period for which the driving privilege was
1015 suspended, revoked, or disqualified has expired after the date
1016 of surrender of the licenses, or the date an affidavit swearing
1017 such licenses are lost has been filed with the department. In
1018 any instance where
notice of
the suspension, revocation, or
1019 disqualification order is
given
mailed
as provided herein, and
1020 the license is not surrendered to the department, and such
1021 license thereafter expires, the department
may
shall
not renew
1022 that license until a period of time identical to the period of
1023 such suspension, revocation, or disqualification imposed has
1024 expired.
1025 (6) Whenever a cancellation, suspension, revocation, or
1026 disqualification occurs, the department shall enter the
1027 cancellation, suspension, revocation, or disqualification order
1028 on the licensee’s driver file 20 days after
e-mail notification
1029
or deposit
the notice was actually placed
in the
United States
1030 mail. Any inquiry into the file after the 20-day period shall
1031 reveal that the license is canceled, suspended, revoked, or
1032 disqualified and whether the license has been received by the
1033 department.
1034 Section 20. Paragraphs (a) and (i) of subsection (3) and
1035 paragraphs (b), (d), and (r) of subsection (7) of section
1036 337.401, Florida Statutes, are amended to read:
1037 337.401 Use of right-of-way for utilities subject to
1038 regulation; permit; fees.—
1039 (3)(a) Because of the unique circumstances applicable to
1040 providers of communications services, including, but not limited
1041 to, the circumstances described in paragraph (e) and the fact
1042 that federal and state law require the nondiscriminatory
1043 treatment of providers of telecommunications services, and
1044 because of the desire to promote competition among providers of
1045 communications services, it is the intent of the Legislature
1046 that municipalities and counties treat providers of
1047 communications services in a nondiscriminatory and competitively
1048 neutral manner when imposing rules or regulations governing the
1049 placement or maintenance of communications facilities in the
1050 public roads or rights-of-way. Rules or regulations imposed by a
1051 municipality or county relating to providers of communications
1052 services placing or maintaining communications facilities in its
1053 roads or rights-of-way must be generally applicable to all
1054 providers of communications services, taking into account the
1055 distinct engineering, construction, operation, maintenance,
1056 public works, and safety requirements of the provider’s
1057 facilities, and, notwithstanding any other law, may not require
1058 a provider of communications services to apply for or enter into
1059 an individual license, franchise, or other agreement with the
1060 municipality or county as a condition of placing or maintaining
1061 communications facilities in its roads or rights-of-way. In
1062 addition to other reasonable rules or regulations that a
1063 municipality or county may adopt relating to the placement or
1064 maintenance of communications facilities in its roads or rights
1065 of-way under this subsection or subsection (7), a municipality
1066 or county may require a provider of communications services that
1067 places or seeks to place facilities in its roads or rights-of
1068 way to register with the municipality or county. To register, a
1069 provider of communications services may be required only to
1070 provide its name; the name, address, and telephone number of a
1071 contact person for the registrant; the number of the
1072 registrant’s current certificate of authorization issued by the
1073 Florida Public Service Commission, the Federal Communications
1074 Commission, or the Department of State; a statement of whether
1075 the registrant is a pass-through provider as defined in
1076 subparagraph (6)(a)1.; the registrant’s federal employer
1077 identification number; and any required proof of insurance or
1078 self-insuring status adequate to defend and cover claims. A
1079 municipality or county may not require a registrant to renew a
1080 registration more frequently than every 5 years but may require
1081 during this period that a registrant update the registration
1082 information provided under this subsection within 90 days after
1083 a change in such information. A municipality or county may not
1084 require the registrant to provide an inventory of communications
1085 facilities, maps, locations of such facilities, or other
1086 information by a registrant as a condition of registration,
1087 renewal, or for any other purpose; provided, however, that a
1088 municipality or county may require as part of a permit
1089 application that the applicant identify at-grade communications
1090 facilities within 50 feet of the proposed installation location
1091 for the placement of at-grade communications facilities.
A
1092
municipality or county may not require that a provider locate or
1093
perform a survey of any facilities except its own or any right
1094
of-way boundary when requesting a permit consistent with chapter
1095
556. If the owner of a facility fails to locate their facilities
1096
as required under chapter 556, a provider may proceed with the
1097
work but must use reasonable care and detection equipment or
1098
other acceptable means to avoid damaging existing underground
1099
facilities.
A municipality or county may not require a provider
1100 to pay any fee, cost, or other charge for registration or
1101 renewal thereof.
A municipality or county may not limit the
1102
number of permits in any way, including by project size or by
1103
limiting the number of open permits or applications, provided
1104
that the permit is closed out within 45 days after the
1105
provider’s completion of work. A municipality or county may
1106
require the submission or maintenance of a bond or other
1107
financial instrument as set out in this section but may not
1108
require a cash deposit or other escrow, payment, or exaction as
1109
a condition of issuing a permit.
It is the intent of the
1110 Legislature that the placement, operation, maintenance,
1111 upgrading, and extension of communications facilities not be
1112 unreasonably interrupted or delayed through the permitting or
1113 other local regulatory process. Except as provided in this
1114 chapter or otherwise expressly authorized by chapter 202,
1115 chapter 364, or chapter 610, a municipality or county may not
1116 adopt or enforce any ordinance, regulation, or requirement as to
1117 the placement or operation of communications facilities in a
1118 right-of-way by a communications services provider authorized by
1119 state or local law to operate in a right-of-way; regulate any
1120 communications services; or impose or collect any tax, fee,
1121 cost, charge, or exaction for
the placement of communications
1122
facilities or
the provision of communications services over the
1123 communications services provider’s communications facilities in
1124 a right-of-way.
1125 (i) Except as expressly provided in this section, this
1126 section does not modify the authority of municipalities and
1127 counties to levy the tax authorized in chapter 202 or the duties
1128 of providers of communications services under ss. 337.402
1129 337.404. This section does not apply to
building permits,
pole
1130 attachments,
or
private roads, private easements,
and
private
1131 rights-of-way
, or building permits unrelated to the placement of
1132
communications facilities
.
1133 (7)
1134 (b) As used in
subsections (3)-(9)
this subsection
, the
1135 term:
1136 1. “Antenna” means communications equipment that transmits
1137 or receives electromagnetic radio frequency signals used in
1138 providing wireless services.
1139 2. “Applicable codes” means uniform building, fire,
1140 electrical, plumbing, or mechanical codes adopted by a
1141 recognized national code organization or local amendments to
1142 those codes enacted solely to address threats of destruction of
1143 property or injury to persons, and includes the National
1144 Electric Safety Code and the 2017 edition of the Florida
1145 Department of Transportation Utility Accommodation Manual.
1146 3. “Applicant” means a person who submits an application
1147 and is a wireless provider.
1148 4. “Application” means a request submitted by an applicant
1149 to an authority for a permit to collocate small wireless
1150 facilities
,
or to
place a new utility pole used to support a
1151 small wireless facility
, or place other communications
1152
facilities. An authority’s permit application form or process
1153
must include all required permissions, however designated,
1154
required by the authority to grant a permit to place
1155
communications facilities, including, but not limited to, right
1156
of-way occupancy, building permits, electrical permits, or
1157
historic review
.
1158 5. “Authority” means a county or municipality having
1159 jurisdiction and control of the rights-of-way of any public
1160 road. The term does not include the Department of
1161 Transportation. Rights-of-way under the jurisdiction and control
1162 of the department are excluded from this subsection.
1163 6. “Authority utility pole” means a utility pole owned by
1164 an authority in the right-of-way. The term does not include a
1165 utility pole owned by a municipal electric utility, a utility
1166 pole used to support municipally owned or operated electric
1167 distribution facilities, or a utility pole located in the right
1168 of-way within:
1169 a. A retirement community that:
1170 (I) Is deed restricted as housing for older persons as
1171 defined in s. 760.29(4)(b);
1172 (II) Has more than 5,000 residents; and
1173 (III) Has underground utilities for electric transmission
1174 or distribution.
1175 b. A municipality that:
1176 (I) Is located on a coastal barrier island as defined in s.
1177 161.053(1)(b)3.;
1178 (II) Has a land area of less than 5 square miles;
1179 (III) Has less than 10,000 residents; and
1180 (IV) Has, before July 1, 2017, received referendum approval
1181 to issue debt to finance municipal-wide undergrounding of its
1182 utilities for electric transmission or distribution.
1183 7. “Collocate” or “collocation” means to install, mount,
1184 maintain, modify, operate, or replace one or more wireless
1185 facilities on, under, within, or adjacent to a wireless support
1186 structure or utility pole. The term does not include the
1187 installation of a new utility pole or wireless support structure
1188 in the public rights-of-way.
1189 8. “FCC” means the Federal Communications Commission.
1190 9. “Micro wireless facility” means a small wireless
1191 facility having dimensions no larger than 24 inches in length,
1192 15 inches in width, and 12 inches in height and an exterior
1193 antenna, if any, no longer than 11 inches.
1194 10. “Small wireless facility” means a wireless facility
1195 that meets the following qualifications:
1196 a. Each antenna associated with the facility is located
1197 inside an enclosure of no more than 6 cubic feet in volume or,
1198 in the case of antennas that have exposed elements, each antenna
1199 and all of its exposed elements could fit within an enclosure of
1200 no more than 6 cubic feet in volume; and
1201 b. All other wireless equipment associated with the
1202 facility is cumulatively no more than 28 cubic feet in volume.
1203 The following types of associated ancillary equipment are not
1204 included in the calculation of equipment volume: electric
1205 meters, concealment elements, telecommunications demarcation
1206 boxes, ground-based enclosures, grounding equipment, power
1207 transfer switches, cutoff switches, vertical cable runs for the
1208 connection of power and other services, and utility poles or
1209 other support structures.
1210 11. “Utility pole” means a pole or similar structure that
1211 is used in whole or in part to provide communications services
1212 or for electric distribution, lighting, traffic control,
1213 signage, or a similar function. The term includes the vertical
1214 support structure for traffic lights but does not include a
1215 horizontal structure to which signal lights or other traffic
1216 control devices are attached and does not include a pole or
1217 similar structure 15 feet in height or less unless an authority
1218 grants a waiver for such pole.
1219 12. “Wireless facility” means equipment at a fixed location
1220 which enables wireless communications between user equipment and
1221 a communications network, including radio transceivers,
1222 antennas, wires, coaxial or fiber-optic cable or other cables,
1223 regular and backup power supplies, and comparable equipment,
1224 regardless of technological configuration, and equipment
1225 associated with wireless communications. The term includes small
1226 wireless facilities. The term does not include:
1227 a. The structure or improvements on, under, within, or
1228 adjacent to the structure on which the equipment is collocated;
1229 b. Wireline backhaul facilities; or
1230 c. Coaxial or fiber-optic cable that is between wireless
1231 structures or utility poles or that is otherwise not immediately
1232 adjacent to or directly associated with a particular antenna.
1233 13. “Wireless infrastructure provider” means a person who
1234 has been certificated under chapter 364 to provide
1235 telecommunications service or under chapter 610 to provide cable
1236 or video services in this state, or that person’s affiliate, and
1237 who builds or installs wireless communication transmission
1238 equipment, wireless facilities, or wireless support structures
1239 but is not a wireless services provider.
1240 14. “Wireless provider” means a wireless infrastructure
1241 provider or a wireless services provider.
1242 15. “Wireless services” means any services provided using
1243 licensed or unlicensed spectrum, whether at a fixed location or
1244 mobile, using wireless facilities.
1245 16. “Wireless services provider” means a person who
1246 provides wireless services.
1247 17. “Wireless support structure” means a freestanding
1248 structure, such as a monopole, a guyed or self-supporting tower,
1249 or another existing or proposed structure designed to support or
1250 capable of supporting wireless facilities. The term does not
1251 include a utility pole, pedestal, or other support structure for
1252 ground-based equipment not mounted on a utility pole and less
1253 than 5 feet in height.
1254 (d) An authority may require a registration process and
1255 permit fees in accordance with subsection (3). An authority
1256 shall accept applications for permits and shall process and
1257 issue permits subject to the following requirements:
1258 1. An authority may not directly or indirectly require an
1259 applicant to perform services unrelated to the collocation for
1260 which approval is sought, such as in-kind contributions to the
1261 authority, including reserving fiber, conduit, or pole space for
1262 the authority.
1263 2. An applicant may not be required to provide more
1264 information to obtain a permit than is necessary to demonstrate
1265 the applicant’s compliance with applicable codes for the
1266 placement of small wireless facilities in the locations
1267 identified in the application. An applicant may not be required
1268 to provide inventories, maps, or locations of communications
1269 facilities in the right-of-way other than as necessary to avoid
1270 interference with other at-grade or aerial facilities located at
1271 the specific location proposed for a small wireless facility or
1272 within 50 feet of such location.
1273 3. An authority may not:
1274 a. Require the placement of small wireless facilities on
1275 any specific utility pole or category of poles;
1276 b. Require the placement of multiple antenna systems on a
1277 single utility pole;
1278 c. Require a demonstration that collocation of a small
1279 wireless facility on an existing structure is not legally or
1280 technically possible as a condition for granting a permit for
1281 the collocation of a small wireless facility on a new utility
1282 pole except as provided in paragraph (i);
1283 d. Require compliance with an authority’s provisions
1284 regarding placement of
communications facilities, including
1285 small wireless facilities or
a
new utility
poles
pole
used to
1286 support
a
small wireless
facilities,
facility
in rights-of-way
1287 under the control of the department unless the authority has
1288 received a delegation from the department for the location of
1289 the small wireless facility or utility pole
;
,
or require such
1290 compliance as a condition to receive a permit that is ancillary
1291 to the permit for collocation of a small wireless facility,
1292 including an electrical permit;
1293 e. Require a meeting before filing an application;
1294 f. Require direct or indirect public notification or a
1295 public meeting for the placement of communication facilities in
1296 the right-of-way;
1297 g. Limit the size or configuration of a small wireless
1298 facility or any of its components, if the small wireless
1299 facility complies with the size limits in this subsection;
1300 h. Prohibit the installation of a new utility pole used to
1301 support the collocation of a small wireless facility if the
1302 installation otherwise meets the requirements of this
1303 subsection;
or
1304 i. Require that any component of a small wireless facility
1305 be placed underground except as provided in paragraph (i)
; or
1306
j. Require compliance with provisions regarding the
1307
placement of communications facilities, including small wireless
1308
facilities or new utility poles used to support small wireless
1309
facilities, in rights-of-way not owned and controlled by the
1310
authority and public utility easements that are within areas not
1311
owned and controlled by the authority unless a permit delegation
1312
agreement exists between the authority and the owner of the
1313
right-of-way or area that contains the public utility easement
.
1314 4. Subject to paragraph (r), an authority may not limit the
1315 placement, by minimum separation distances, of small wireless
1316 facilities, utility poles on which small wireless facilities are
1317 or will be collocated, or other at-grade communications
1318 facilities. However, within 14 days after the date of filing the
1319 application, an authority may request that the proposed location
1320 of a small wireless facility be moved to another location in the
1321 right-of-way and placed on an alternative authority utility pole
1322 or support structure or placed on a new utility pole. The
1323 authority and the applicant may negotiate the alternative
1324 location, including any objective design standards and
1325 reasonable spacing requirements for ground-based equipment, for
1326 30 days after the date of the request. At the conclusion of the
1327 negotiation period, if the alternative location is accepted by
1328 the applicant, the applicant must notify the authority of such
1329 acceptance and the application shall be deemed granted for any
1330 new location for which there is agreement and all other
1331 locations in the application. If an agreement is not reached,
1332 the applicant must notify the authority of such nonagreement and
1333 the authority must grant or deny the original application within
1334 90 days after the date the application was filed. A request for
1335 an alternative location, an acceptance of an alternative
1336 location, or a rejection of an alternative location must be in
1337 writing and provided by electronic mail.
1338 5. An authority shall limit the height of a small wireless
1339 facility to 10 feet above the utility pole or structure upon
1340 which the small wireless facility is to be collocated. Unless
1341 waived by an authority, the height for a new utility pole is
1342 limited to the tallest existing utility pole as of July 1, 2017,
1343 located in the same right-of-way, other than a utility pole for
1344 which a waiver has previously been granted, measured from grade
1345 in place within 500 feet of the proposed location of the small
1346 wireless facility. If there is no utility pole within 500 feet,
1347 the authority shall limit the height of the utility pole to 50
1348 feet.
1349 6. The installation by a communications services provider
1350 of a utility pole in the public rights-of-way, other than a
1351 utility pole used to support a small wireless facility, is
1352 subject to authority rules or regulations governing the
1353 placement of utility poles in the public rights-of-way.
1354 7. Within 14 days after receiving an application, an
1355 authority must determine and notify the applicant by electronic
1356 mail as to whether the application is complete. If an
1357 application is deemed incomplete, the authority must
1358 specifically identify the missing information. An application is
1359 deemed complete if the authority fails to provide notification
1360 to the applicant within 14 days.
1361 8. An application must be processed on a nondiscriminatory
1362 basis. A complete application is deemed approved if an authority
1363 fails to approve or deny the application within 60 days after
1364 receipt of the application. If an authority does not use the 30
1365 day negotiation period provided in subparagraph 4., the parties
1366 may mutually agree to extend the 60-day application review
1367 period. The authority shall grant or deny the application at the
1368 end of the extended period. A permit issued pursuant to an
1369 approved application shall remain effective for 1 year unless
1370 extended by the authority.
1371 9. An authority must notify the applicant of approval or
1372 denial by electronic mail. An authority shall approve a complete
1373 application unless it does not meet the authority’s applicable
1374 codes. If the application is denied, the authority must specify
1375 in writing the basis for denial, including the specific code
1376 provisions on which the denial was based, and send the
1377 documentation to the applicant by electronic mail on the day the
1378 authority denies the application. The applicant may cure the
1379 deficiencies identified by the authority and resubmit the
1380 application within 30 days after notice of the denial is sent to
1381 the applicant. The authority shall approve or deny the revised
1382 application within 30 days after receipt or the application is
1383 deemed approved. The review of a revised application is limited
1384 to the deficiencies cited in the denial. If an authority
1385 provides for administrative review of the denial of an
1386 application, the review must be complete and a written decision
1387 issued within 45 days after a written request for review is
1388 made. A denial must identify the specific code provisions on
1389 which the denial is based. If the administrative review is not
1390 complete within 45 days, the authority waives any claim
1391 regarding failure to exhaust administrative remedies in any
1392 judicial review of the denial of an application.
1393 10. An applicant seeking to collocate small wireless
1394 facilities within the jurisdiction of a single authority may, at
1395 the applicant’s discretion, file a consolidated application and
1396 receive a single permit for the collocation of up to 30 small
1397 wireless facilities. If the application includes multiple small
1398 wireless facilities, an authority may separately address small
1399 wireless facility collocations for which incomplete information
1400 has been received or which are denied.
1401 11. An authority may deny an application to collocate a
1402 small wireless facility or place a utility pole used to support
1403 a small wireless facility in the public rights-of-way if the
1404 proposed small wireless facility or utility pole used to support
1405 a small wireless facility:
1406 a. Materially interferes with the safe operation of traffic
1407 control equipment.
1408 b. Materially interferes with sight lines or clear zones
1409 for transportation, pedestrians, or public safety purposes.
1410 c. Materially interferes with compliance with the Americans
1411 with Disabilities Act or similar federal or state standards
1412 regarding pedestrian access or movement.
1413 d. Materially fails to comply with the 2017 edition of the
1414 Florida Department of Transportation Utility Accommodation
1415 Manual.
1416 e. Fails to comply with applicable codes.
1417 f. Fails to comply with objective design standards
1418 authorized under paragraph (r).
1419 12. An authority may adopt by ordinance provisions for
1420 insurance coverage, indemnification, force majeure, abandonment,
1421 authority liability, or authority warranties. Such provisions
1422 must be reasonable and nondiscriminatory
and apply to all
1423
providers of communications services, including, if applicable,
1424
any local government or nonprofit providers
. An authority may
1425 require a construction bond to secure restoration of the
1426 postconstruction rights-of-way to the preconstruction condition.
1427 However, such bond must be time-limited to not more than 18
1428 months after the construction to which the bond applies is
1429 completed
, and such bond must be reasonably related to the cost
1430
to secure restoration of the rights-of-way. An authority may not
1431
limit the number of permits allowed under the same bond
. For any
1432 financial obligation required by an authority allowed under this
1433 section, the authority
may not limit the number of permits in
1434
any way, including by project size or by limiting the number of
1435
applications or open permits, provided that the permit is closed
1436
out within 45 days after the provider’s completion of work; may
1437
not impose additional requirements based on the scope or linear
1438
feet of the project; and
shall accept
, at the option of the
1439
applicant, a bond or
a letter of credit or similar financial
1440 instrument issued by any financial institution that is
1441 authorized to do business within the United States
and
, provided
1442 that a claim against the financial instrument may be made by
1443 electronic means
, including by facsimile
.
An authority may not
1444
require a deposit or escrow of cash as a condition of issuing a
1445
permit or compel the applicant to agree to any additional terms
1446
or agreements not specifically authorized by this act or
1447
directly related to the work set out in the application.
A
1448 provider of communications services may add an authority to any
1449 existing bond, insurance policy, or other relevant financial
1450 instrument, and the authority must accept such proof of coverage
1451 without any conditions other than consent to venue for purposes
1452 of any litigation to which the authority is a party. An
1453 authority may not require a communications services provider to
1454 indemnify it for liabilities not caused by the provider,
its
1455
agents, or its employees,
including liabilities arising from the
1456 authority’s negligence, gross negligence, or willful conduct
by
1457
an unaffiliated third party
.
1458 13. Collocation of a small wireless facility on an
1459 authority utility pole does not provide the basis for the
1460 imposition of an ad valorem tax on the authority utility pole.
1461 14. An authority may reserve space on authority utility
1462 poles for future public safety uses. However, a reservation of
1463 space may not preclude collocation of a small wireless facility.
1464 If replacement of the authority utility pole is necessary to
1465 accommodate the collocation of the small wireless facility and
1466 the future public safety use, the pole replacement is subject to
1467 make-ready provisions and the replaced pole shall accommodate
1468 the future public safety use.
1469 15. A structure granted a permit and installed pursuant to
1470 this subsection shall comply with chapter 333 and federal
1471 regulations pertaining to airport airspace protections.
1472 (r) An authority may require wireless providers to comply
1473 with objective design standards adopted by ordinance. The
1474 ordinance may only require:
1475 1. A new utility pole that replaces an existing utility
1476 pole to be of substantially similar design, material, and color;
1477 2. Reasonable spacing requirements concerning the location
1478 of a ground-mounted component of a small wireless facility which
1479 does not exceed 15 feet from the associated support structure;
1480 or
1481 3. A small wireless facility to meet reasonable location
1482 context, color, camouflage, and concealment requirements,
1483 subject to the limitations in this subsection; and
1484 4. A new utility pole used to support a small wireless
1485 facility to meet reasonable location context, color, and
1486 material of the predominant utility pole type at the proposed
1487 location of the new utility pole.
1488
1489 Such design standards under this paragraph may be waived by the
1490 authority upon a showing that the design standards are not
1491 reasonably compatible for the particular location of a small
1492 wireless facility or utility pole or are technically infeasible
1493 or that the design standards impose an excessive expense. The
1494 waiver must be granted or denied within 45 days after the date
1495 of the request.
An authority may not require landscaping,
1496
landscaping maintenance, or vegetation management other than
1497
that necessary for right-of-way restoration.
1498 Section 21. Paragraph (a) of subsection (8) of section
1499 120.80, Florida Statutes, is amended to read:
1500 120.80 Exceptions and special requirements; agencies.—
1501 (8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—
1502 (a)
Driver licenses.
—
1503 1. Notwithstanding s. 120.57(1)(a), hearings regarding
1504 driver licensing pursuant to chapter 322 need not be conducted
1505 by an administrative law judge assigned by the division.
1506 2. Notwithstanding s. 120.60(5), cancellation, suspension,
1507 or revocation of a driver license shall be by personal delivery
1508 to the licensee or by first-class mail
or e-mail
as provided in
1509 s. 322.251.
1510 Section 22. Section 207.003, Florida Statutes, is amended
1511 to read:
1512 207.003 Privilege tax levied.—A tax for the privilege of
1513 operating any
qualified
commercial
motor vehicle upon the public
1514 highways of this state shall be levied upon every motor carrier
1515 at a rate which includes the minimum rates provided in parts I
1516 III of chapter 206 on each gallon of
diesel fuel or
motor fuel
1517 used for the propulsion of a
qualified
commercial
motor vehicle
1518 by such motor carrier within
this
the
state.
1519 Section 23. Section 207.008, Florida Statutes, is amended
1520 to read:
1521 207.008 Retention of records by motor carrier.—Each
1522
licensed
registered
motor carrier shall maintain and keep
1523 pertinent records and papers as may be required by the
1524 department for the reasonable administration of this chapter and
1525 shall preserve the records upon which each
quarterly
tax return
1526 is based for 4 years
after
following
the due date or filing date
1527 of the return, whichever is later.
1528 Section 24. Subsection (3) of section 207.011, Florida
1529 Statutes, is amended to read:
1530 207.011 Inspection of records; hearings; forms; rules.—
1531 (3) The department, or any authorized agent thereof,
may
is
1532
authorized to
examine the records, books, papers, and equipment
1533 of any motor carrier, any retail dealer of
motor
diesel
fuels,
1534 and any wholesale distributor of
diesel fuels or
motor fuels
1535
which
that
are deemed necessary to verify the truth and accuracy
1536 of any statement
,
or
report
, or return
and ascertain whether the
1537 tax imposed by this chapter has been paid.
1538 Section 25. Section 207.013, Florida Statutes, is amended
1539 to read:
1540 207.013 Suits for collection of unpaid taxes, penalties,
1541 and interest.—Upon demand of the department, the Department of
1542 Legal Affairs or the state attorney for a judicial circuit shall
1543 bring appropriate actions, in the name of the state or in the
1544 name of the Department of Highway Safety and Motor Vehicles in
1545 the capacity of its office, for the recovery of taxes,
1546 penalties, and interest due under this chapter; and judgment
1547 shall be rendered for the amount so found to be due together
1548 with costs. However, if it
is
shall be
found as a fact that such
1549 claim for, or grant of, an exemption or credit was willful on
1550 the part of any motor carrier, retail dealer, or distributor of
1551
diesel fuel or
motor fuel, judgment
must
shall
be rendered for
1552 double the amount of the tax found to be due with costs. The
1553 department may employ an attorney at law to institute and
1554 prosecute proper proceedings to enforce payment of the taxes,
1555 penalties, and interest provided for by this chapter and may fix
1556 the compensation for the services of such attorney at law.
1557 Section 26. Subsection (3) of section 207.014, Florida
1558 Statutes, is amended to read:
1559 207.014 Departmental warrant for collection of unpaid
1560 taxes.—
1561 (3) In the event there is a contest or claim of any kind
1562 with reference to the property levied upon or the amount of
1563 taxes, costs, or penalties due, such contest or claim
must
shall
1564 be tried in the circuit court in and for the county in which the
1565 warrant was executed, as nearly as may be in the same manner and
1566 means as such contest or claim would have been tried in such
1567 court had the warrant originally issued upon a judgment rendered
1568 by such court. The warrant issued as provided in this section
1569
constitutes
shall constitute
prima facie evidence of the amount
1570 of taxes, interest, and penalties due to the state by the motor
1571 carrier
,
;
and the burden of proof
is
shall be
upon the motor
1572 carrier, retail dealer, or distributor of
diesel fuel or
motor
1573 fuel to show that the amounts or penalties were incorrect.
1574 Section 27. Subsections (1) and (3) of section 207.023,
1575 Florida Statutes, are amended to read:
1576 207.023 Authority to inspect vehicles, make arrests, seize
1577 property, and execute warrants.—
1578 (1) As a part of their responsibility when inspecting
1579
qualified motor
commercial
vehicles, the Department of Highway
1580 Safety and Motor Vehicles, the Department of Agriculture and
1581 Consumer Services, and the Department of Transportation shall
1582 ensure that all vehicles are properly qualified under
the
1583
provisions of
this chapter.
1584 (3)
Qualified
commercial
motor vehicles owned or operated
1585 by any motor carrier who refuses to comply with this chapter may
1586 be seized by authorized agents or employees of the Department of
1587 Highway Safety and Motor Vehicles, the Department of Agriculture
1588 and Consumer Services, or the Department of Transportation; or
1589 authorized agents and employees of any of these departments also
1590 may seize property as set out in ss. 206.205, 206.21, and
1591 206.215. Upon such seizure, the property
must
shall
be
1592 surrendered without delay to the sheriff of the county where the
1593 property was seized for further proceedings.
1594 Section 28. Subsections (1) and (6) of section 207.0281,
1595 Florida Statutes, are amended to read:
1596 207.0281
Registration;
Cooperative reciprocal agreements
1597 between states.—
1598 (1) The Department of Highway Safety and Motor Vehicles may
1599 enter into a cooperative reciprocal agreement, including, but
1600 not limited to, the International
Fuel Tax
fuel-tax
Agreement,
1601 with another state or group of states for the administration of
1602 the tax imposed by this chapter. An agreement arrangement,
1603 declaration, or amendment is not effective until stated in
1604 writing and filed with the Department of Highway Safety and
1605 Motor Vehicles.
1606 (6) This section and the contents of any reciprocal
1607 agreement entered into under this section supersede all other
1608 fuel-tax requirements of this chapter for
qualified
commercial
1609 motor vehicles.
1610 Section 29. Paragraph (aa) of subsection (7) of section
1611 212.08, Florida Statutes, is amended to read:
1612 212.08 Sales, rental, use, consumption, distribution, and
1613 storage tax; specified exemptions.—The sale at retail, the
1614 rental, the use, the consumption, the distribution, and the
1615 storage to be used or consumed in this state of the following
1616 are hereby specifically exempt from the tax imposed by this
1617 chapter.
1618 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
1619 entity by this chapter do not inure to any transaction that is
1620 otherwise taxable under this chapter when payment is made by a
1621 representative or employee of the entity by any means,
1622 including, but not limited to, cash, check, or credit card, even
1623 when that representative or employee is subsequently reimbursed
1624 by the entity. In addition, exemptions provided to any entity by
1625 this subsection do not inure to any transaction that is
1626 otherwise taxable under this chapter unless the entity has
1627 obtained a sales tax exemption certificate from the department
1628 or the entity obtains or provides other documentation as
1629 required by the department. Eligible purchases or leases made
1630 with such a certificate must be in strict compliance with this
1631 subsection and departmental rules, and any person who makes an
1632 exempt purchase with a certificate that is not in strict
1633 compliance with this subsection and the rules is liable for and
1634 shall pay the tax. The department may adopt rules to administer
1635 this subsection.
1636 (aa)
Qualified motor
certain commercial
vehicles.—Also
1637 exempt is the sale, lease, or rental of a
qualified
commercial
1638 motor vehicle as defined in s. 207.002, when the following
1639 conditions are met:
1640 1. The sale, lease, or rental occurs between two commonly
1641 owned and controlled corporations;
1642 2. Such vehicle was titled and registered in this state at
1643 the time of the sale, lease, or rental; and
1644 3. Florida sales tax was paid on the acquisition of such
1645 vehicle by the seller, lessor, or renter.
1646 Section 30. Paragraphs (a) and (b) of subsection (4) of
1647 section 316.545, Florida Statutes, are amended to read:
1648 316.545 Weight and load unlawful; special fuel and motor
1649 fuel tax enforcement; inspection; penalty; review.—
1650 (4)(a) A commercial vehicle may not be operated over the
1651 highways of this state unless it has been properly
licensed
1652
registered
under s. 207.004. Whenever any law enforcement
1653 officer identified in s. 207.023(1), upon inspecting the vehicle
1654 or combination of vehicles, determines that the vehicle is in
1655 violation of s. 207.004, a penalty in the amount of $50 shall be
1656 assessed, and the vehicle may be detained until payment is
1657 collected by the law enforcement officer.
1658 (b) In addition to the penalty provided for in paragraph
1659 (a), the vehicle may be detained until the owner or operator of
1660 the vehicle furnishes evidence that the vehicle has been
1661 properly
licensed
registered
pursuant to s. 207.004. Any officer
1662 of the Florida Highway Patrol or agent of the Department of
1663 Transportation may issue a temporary
fuel-use
fuel use
permit
1664 and collect the appropriate fee as provided for in
s. 207.004(5)
1665
s. 207.004(4)
. Notwithstanding
the provisions of
subsection (6),
1666 all permit fees collected pursuant to this paragraph shall be
1667 transferred to the Department of Highway Safety and Motor
1668 Vehicles to be allocated pursuant to s. 207.026.
1669 Section 31. Paragraph (a) of subsection (1) of section
1670 318.15, Florida Statutes, is amended to read:
1671 318.15 Failure to comply with civil penalty or to appear;
1672 penalty.—
1673 (1)(a) If a person fails to comply with the civil penalties
1674 provided in s. 318.18 within the time period specified in s.
1675 318.14(4), fails to enter into or comply with the terms of a
1676 penalty payment plan with the clerk of the court in accordance
1677 with ss. 318.14 and 28.246, fails to attend driver improvement
1678 school, or fails to appear at a scheduled hearing, the clerk of
1679 the court must notify the Department of Highway Safety and Motor
1680 Vehicles of such failure within 10 days after such failure. Upon
1681 receipt of such notice, the department must immediately issue an
1682 order suspending the driver license and privilege to drive of
1683 such person effective 20 days after the date the order of
1684 suspension is
provided
mailed
in accordance with s. 322.251(1),
1685 (2), and (6). The order also must inform the person that he or
1686 she may contact the clerk of the court to establish a payment
1687 plan pursuant to s. 28.246(4) to make partial payments for
1688 court-related fines, fees, service charges, and court costs. Any
1689 such suspension of the driving privilege which has not been
1690 reinstated, including a similar suspension imposed outside of
1691 this state, must remain on the records of the department for a
1692 period of 7 years
after
from
the date imposed and must be
1693 removed from the records after the expiration of 7 years
after
1694
from
the date it is imposed. The department may not accept the
1695 resubmission of such suspension.
1696 Section 32. Paragraph (b) of subsection (1) of section
1697 319.35, Florida Statutes, is amended to read:
1698 319.35 Unlawful acts in connection with motor vehicle
1699 odometer readings; penalties.—
1700 (1)
1701 (b) It is unlawful for any person to knowingly provide
1702 false information on the odometer readings required pursuant to
1703 ss. 319.23(3) and
320.02(2)(d)
320.02(2)(b)
.
1704 Section 33. Subsection (3) of section 319.40, Florida
1705 Statutes, is amended to read:
1706 319.40 Transactions by electronic or telephonic means.—
1707 (3) The department may collect
e-mail
electronic mail
1708 addresses and use
e-mail
electronic mail
in lieu of the United
1709 States Postal Service as a method of notification. However, any
1710 notice regarding the potential forfeiture or foreclosure of an
1711 interest in property must be sent via the United States Postal
1712 Service.
1713 Section 34. Paragraph (b) of subsection (5) of section
1714 320.03, Florida Statutes, is amended to read:
1715 320.03 Registration; duties of tax collectors;
1716 International Registration Plan.—
1717 (5)
1718 (b) Upon a tax collector’s request, the department may
1719 provide ancillary technology to integrate other tax collection
1720 systems used by tax collectors in order to provide tax
1721 collectors with data access and uniform interface
1722 functionalities for registration renewal transactions performed
1723 at a tax collector’s office or online via a tax collector’s
1724 website. The department shall prescribe the best manner of
1725 delivering the data access and uniform interface functionalities
1726 to tax collectors for the purpose of processing registration
1727 renewal transactions and shall provide the ability to record and
1728 process registration renewal transactions in the state system in
1729 real time and bulk data reporting for vehicle registrations,
1730 including each applicant’s
e-mail
electronic mail
address
1731 collected pursuant to s. 320.95. Such data and functionality may
1732 be used only for purposes of fulfilling the tax collector’s
1733 statutory duties pursuant to this chapter, chapter 319, chapter
1734 322, or chapter 328 and may not be resold or used for any other
1735 purpose. Such data access and uniform interface functionalities
1736 shall be developed no later than July 1, 2023. For the purposes
1737 of this paragraph, the term “registration renewal transactions”
1738 means issuance of motor vehicle, mobile home, and trailer
1739 registration certificates, registration license plates, and
1740 validation stickers.
1741 Section 35. Subsection (10) of section 322.08, Florida
1742 Statutes, is amended to read:
1743 322.08 Application for license; requirements for license
1744 and identification card forms.—
1745 (10) The department may collect
e-mail
electronic mail
1746 addresses and use
e-mail
electronic mail
in lieu of the United
1747 States Postal Service
as a method of notification
for the
1748
purpose of providing renewal notices
.
1749 Section 36. Paragraph (a) of subsection (8) of section
1750 322.18, Florida Statutes, is amended to read:
1751 322.18 Original applications, licenses, and renewals;
1752 expiration of licenses; delinquent licenses.—
1753 (8) The department shall issue 8-year renewals using a
1754 convenience service without reexamination to drivers who have
1755 not attained 80 years of age. The department shall issue 6-year
1756 renewals using a convenience service when the applicant has
1757 satisfied the requirements of subsection (5).
1758 (a) If the department determines from its records that the
1759 holder of a license about to expire is eligible for renewal, the
1760 department
must
shall
mail a renewal notice to the licensee at
1761 his or her last known address
or provide a renewal notice to the
1762
licensee by e-mail notification at least
, not less than
30 days
1763
before
prior to
the licensee’s birthday. The renewal notice
must
1764
shall
direct the licensee to appear at a driver license office
1765 for in-person renewal or to transmit the completed renewal
1766 notice and the fees required by s. 322.21 to the department
1767 using a convenience service.
1768 Section 37. Subsection (4) of section 322.21, Florida
1769 Statutes, is amended to read:
1770 322.21 License fees; procedure for handling and collecting
1771 fees.—
1772 (4) If the department determines from its records or is
1773 otherwise satisfied that the holder of a license about to expire
1774 is entitled to have it renewed, the department
must
shall
mail a
1775 renewal notice to the licensee at his or her last known address
1776
or provide a renewal notice to the licensee by e-mail
1777
notification at least
, within
30 days before the licensee’s
1778 birthday. The licensee
must
shall
be issued a renewal license,
1779 after reexamination, if required, during the 30 days immediately
1780 preceding his or her birthday upon presenting a renewal notice,
1781 his or her current license, and the fee for renewal to the
1782 department at any driver license examining office.
1783 Section 38. Subsection (3) and paragraph (a) of subsection
1784 (5) of section 322.245, Florida Statutes, are amended to read:
1785 322.245 Suspension of license upon failure of person
1786 charged with specified offense under chapter 316, chapter 320,
1787 or this chapter to comply with directives ordered by traffic
1788 court or upon failure to pay child support in non-IV-D cases as
1789 provided in chapter 61 or failure to pay any financial
1790 obligation in any other criminal case.—
1791 (3) If the person fails to comply with the directives of
1792 the court within the 30-day period, or, in non-IV-D cases, fails
1793 to comply with the requirements of s. 61.13016 within the period
1794 specified in that statute, the depository or the clerk of the
1795 court must electronically notify the department of such failure
1796 within 10 days. Upon electronic receipt of the notice, the
1797 department shall immediately issue an order suspending the
1798 person’s driver license and privilege to drive effective 20 days
1799 after the date the order of suspension is
provided
mailed
in
1800 accordance with s. 322.251(1), (2), and (6). The order of
1801 suspension must also contain information specifying that the
1802 person may contact the clerk of the court to establish a payment
1803 plan pursuant to s. 28.246(4) to make partial payments for
1804 fines, fees, service charges, and court costs.
1805 (5)(a) When the department receives notice from a clerk of
1806 the court that a person licensed to operate a motor vehicle in
1807 this state under
the provisions of
this chapter has failed to
1808 pay financial obligations for any criminal offense other than
1809 those specified in subsection (1), in full or in part under a
1810 payment plan pursuant to s. 28.246(4), the department must
1811 suspend the license of the person named in the notice. The
1812 department shall
provide
mail
an order of suspension in
1813 accordance with s. 322.251(1), (2), and (6), which must also
1814 contain information specifying that the person may contact the
1815 clerk of the court to establish a payment plan pursuant to s.
1816 28.246(4) to make partial payments for fines, fees, service
1817 charges, and court costs.
1818 Section 39. Subsections (3) and (5) of section 322.2615,
1819 Florida Statutes, are amended to read:
1820 322.2615 Suspension of license; right to review.—
1821 (3) If the department determines that the license should be
1822 suspended pursuant to this section and if the notice of
1823 suspension has not already been served upon the person by a law
1824 enforcement officer or correctional officer as provided in
1825 subsection (1), the department shall issue a notice of
1826 suspension and, unless the notice is
provided
mailed
pursuant to
1827 s. 322.251, a temporary permit that expires 10 days after the
1828 date of issuance if the driver is otherwise eligible.
1829 (5) After completion of the informal review, notice of the
1830 department’s decision sustaining, amending, or invalidating the
1831 suspension of the driver license of the person whose license was
1832 suspended must be provided to such person. Such notice must be
1833 mailed to the person at the last known address shown on the
1834 department’s records,
mailed
or
to the address provided in the
1835 law enforcement officer’s report if such address differs from
1836 the address of record,
or e-mailed to the e-mail address
1837
furnished to the department
within 21 days after the expiration
1838 of the temporary permit issued pursuant to subsection (1) or
1839 subsection (3).
1840 Section 40. Subsection (4) of section 322.2616, Florida
1841 Statutes, is amended to read:
1842 322.2616 Suspension of license; persons under 21 years of
1843 age; right to review.—
1844 (4) If the department finds that the license of the person
1845 should be suspended under this section and if the notice of
1846 suspension has not already been served upon the person by a law
1847 enforcement officer or correctional officer as provided in
1848 subsection (2), the department
must
shall
issue a notice of
1849 suspension and, unless the notice is
provided
mailed
under s.
1850 322.251, a temporary driving permit that expires 10 days after
1851 the date of issuance if the driver is otherwise eligible.
1852 Section 41. Subsection (3) of section 322.64, Florida
1853 Statutes, is amended to read:
1854 322.64 Holder of commercial driver license; persons
1855 operating a commercial motor vehicle; driving with unlawful
1856 blood-alcohol level; refusal to submit to breath, urine, or
1857 blood test.—
1858 (3) If the department determines that the person arrested
1859 should be disqualified from operating a commercial motor vehicle
1860 pursuant to this section and if the notice of disqualification
1861 has not already been served upon the person by a law enforcement
1862 officer or correctional officer as provided in subsection (1),
1863 the department
must
shall
issue a notice of disqualification
1864 and, unless the notice is
provided
mailed
pursuant to s.
1865 322.251, a temporary permit which expires 10 days after the date
1866 of issuance if the driver is otherwise eligible.
1867 Section 42. Subsection (1) of section 324.091, Florida
1868 Statutes, is amended to read:
1869 324.091 Notice to department; notice to insurer.—
1870 (1) Each owner and operator involved in a crash or
1871 conviction case within the purview of this chapter shall furnish
1872 evidence of automobile liability insurance or motor vehicle
1873 liability insurance within 14 days after the date of
providing
1874
the mailing of
notice of crash by the department in the form and
1875 manner as it may designate. Upon receipt of evidence that an
1876 automobile liability policy or motor vehicle liability policy
1877 was in effect at the time of the crash or conviction case, the
1878 department shall forward to the insurer such information for
1879 verification in a method as determined by the department. The
1880 insurer shall respond to the department within 20 days after the
1881 notice whether or not such information is valid. If the
1882 department determines that an automobile liability policy or
1883 motor vehicle liability policy was not in effect and did not
1884 provide coverage for both the owner and the operator, it
must
1885
shall
take action as it is authorized to do under this chapter.
1886 Section 43. Paragraph (c) of subsection (1) of section
1887 324.171, Florida Statutes, is amended to read:
1888 324.171 Self-insurer.—
1889 (1) Any person may qualify as a self-insurer by obtaining a
1890 certificate of self-insurance from the department which may, in
1891 its discretion and upon application of such a person, issue said
1892 certificate of self-insurance when such person has satisfied the
1893 requirements of this section to qualify as a self-insurer under
1894 this section:
1895 (c) The owner of a commercial motor vehicle
,
as defined in
1896
s. 207.002 or
s. 320.01
or a qualified motor vehicle as defined
1897
in s. 207.002
,
may qualify as a self-insurer subject to the
1898 standards provided for in subparagraph (b)2.
1899 Section 44. Subsection (3) of section 328.30, Florida
1900 Statutes, is amended to read:
1901 328.30 Transactions by electronic or telephonic means.—
1902 (3) The department may collect
e-mail
electronic mail
1903 addresses and use
e-mail
electronic mail
in lieu of the United
1904 States Postal Service
as a method of notification
for the
1905
purpose of providing renewal notices
.
1906 Section 45. Paragraph (b) of subsection (1) of section
1907 328.73, Florida Statutes, is amended to read:
1908 328.73 Registration; duties of tax collectors.—
1909 (1)
1910 (b) Upon a tax collector’s request, the department may
1911 provide ancillary technology to integrate other tax collection
1912 systems used by tax collectors in order to provide tax
1913 collectors with data access and uniform interface
1914 functionalities for registration renewal transactions performed
1915 at a tax collector’s office or online via a tax collector’s
1916 website. The department shall prescribe the best manner of
1917 delivering the data access and uniform interface functionalities
1918 to tax collectors for the purpose of processing registration
1919 renewal transactions and shall provide the ability to record and
1920 process registration renewal transactions in the state system in
1921 real time and bulk data reporting for vessel registrations,
1922 including each applicant’s
e-mail
electronic mail
address
1923 collected pursuant to s. 328.30. Such data and functionality may
1924 be used only for purposes of fulfilling the tax collector’s
1925 statutory duties pursuant to this chapter, chapter 319, chapter
1926 320, or chapter 322 and may not be resold or used for any other
1927 purpose. Such data access and uniform interface functionalities
1928 shall be developed no later than July 1, 2023. For the purposes
1929 of this paragraph, the term “registration renewal transactions”
1930 means vessel registration certificates, vessel numbers, and
1931 decals.
1932 Section 46. Section 627.7415, Florida Statutes, is amended
1933 to read:
1934 627.7415 Commercial motor vehicles
and qualified motor
1935
vehicles
; additional liability insurance coverage.—Commercial
1936 motor vehicles
,
as defined in
s. 207.002 or
s. 320.01
and
1937
qualified motor vehicles as defined in s. 207.002
,
operated upon
1938 the roads and highways of this state
must
shall
be insured with
1939 the following minimum levels of combined bodily liability
1940 insurance and property damage liability insurance in addition to
1941 any other insurance requirements:
1942 (1) Fifty thousand dollars per occurrence for a commercial
1943 motor vehicle
or qualified motor vehicle
with a gross vehicle
1944 weight of 26,000 pounds or more, but less than 35,000 pounds.
1945 (2) One hundred thousand dollars per occurrence for a
1946 commercial motor vehicle
or qualified motor vehicle
with a gross
1947 vehicle weight of 35,000 pounds or more, but less than 44,000
1948 pounds.
1949 (3) Three hundred thousand dollars per occurrence for a
1950 commercial motor vehicle
or qualified motor vehicle
with a gross
1951 vehicle weight of 44,000 pounds or more.
1952 (4) All commercial motor vehicles
and qualified motor
1953
vehicles
subject to regulations of the United States Department
1954 of Transportation, 49 C.F.R. part 387, subparts A and B, and as
1955 may be hereinafter amended,
must
shall
be insured in an amount
1956 equivalent to the minimum levels of financial responsibility as
1957 set forth in such regulations.
1958
1959 A violation of this section is a noncriminal traffic infraction,
1960 punishable as a nonmoving violation as provided in chapter 318.
1961 Section 47. This act shall take effect October 1, 2026.