SB 488 full text · Session Watch

ENROLLED

2026 Legislature SB 488, 2nd Engrossed 2026488er

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.

118 Be It Enacted by the Legislature of the State of Florida:

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,

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 .

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.

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.

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.

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.

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.