SESSION WATCH
THE BILL ITSELF

CS/CS/HB 937

Transportation

VERSION H 937 c2 · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

1 A bill to be entitled
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 an exception; amending s. 320.262, F.S.;
44 revising the definition of the term "license plate
45 obscuring device"; providing that the use of a license
46 plate frame or decorative border device is not
47 prohibited under specified conditions; amending s.
48 320.95, F.S.; authorizing the department to use e-mail
49 as a method of notification; amending s. 322.01, F.S.;
50 revising the definition of the term "tank vehicle";
51 amending ss. 322.051 and 322.17, F.S.; requiring an e-
52 mail address to be included on an identification card
53 application and a request for a replacement driver
54 license or instruction permit, respectively; amending
55 s. 322.251, F.S.; authorizing orders of cancellation,
56 suspension, revocation, or disqualification to be
57 provided by e-mail notification; amending ss. 120.80,
58 207.003, 207.008, 207.011, 207.013, 207.014, 207.023,
59 207.0281, 212.08, 316.545, 318.15, 319.35, 319.40,
60 320.03, 322.08, 322.18, 322.21, 322.245, 322.2615,
61 322.2616, 322.64, 324.091, 324.171, 328.30, 328.73,
62 and 627.7415, F.S.; conforming provisions to changes
63 made by the act; providing an effective date.
65 Be It Enacted by the Legislature of the State of Florida:
67 Section 1. Section 207.001, Florida Statutes, is amended
68 to read:
69 207.001 Short title.—This chapter shall be known as the
70 "Florida Diesel Fuel and Motor Fuel Use Tax Act of 1981," and
71 the taxes levied under this chapter shall be in addition to all
72 other taxes imposed by law.
73 Section 2. Section 207.002, Florida Statutes, is amended
74 to read:
75 207.002 Definitions.—As used in this chapter, the term:
76 (1)(2) "Department" means the Department of Highway Safety
77 and Motor Vehicles.
78 (2) "International Fuel Tax Agreement" means the
79 reciprocal agreement among certain states of the United States,
80 provinces of Canada, and other member jurisdictions which
81 provides for the administration, collection, and enforcement of
82 taxes on the basis of fuel consumed or distance accrued, or
83 both, in member jurisdictions.
84 (3) "Diesel fuel" means any liquid product or gas product
85 or combination thereof, including, but not limited to, all forms
86 of fuel known or sold as diesel fuel, kerosene, butane gas, or
87 propane gas and all other forms of liquefied petroleum gases,
88 except those defined as "motor fuel," used to propel a motor
89 vehicle.
90 (4) "International Registration Plan" means a registration
91 reciprocity agreement among states of the United States and
92 provinces of Canada providing for payment of license fees or
93 license taxes on the basis of fleet miles operated in various
94 jurisdictions.
95 (3)(5) "Interstate" means vehicle movement between or
96 through two or more member jurisdictions states.
97 (4)(6) "Intrastate" means vehicle movement from one point
98 within a member jurisdiction state to another point within the
99 same member jurisdiction state.
100 (5) "Member jurisdiction" means a member of the
101 International Fuel Tax Agreement.
102 (6)(7) "Motor carrier" means any person owning,
103 controlling, operating, or managing any motor vehicle used to
104 transport persons or property over any public highway.
105 (7)(8) "Motor fuel" means any fuel placed in the fuel
106 supply storage unit of a qualified motor vehicle, including an
107 alternative fuel such as pure methanol, ethanol, or other
108 alcohol; a blend of 85 percent or more alcohol with gasoline;
109 natural gas and liquid fuel produced from natural gas; propane;
110 coal-derived liquified fuel; hydrogen; electricity; pure
111 biodiesel (B100) fuel, other than alcohol, derived from
112 biological materials; P-series fuel; or any other type of fuel
113 or energy used to propel a qualified motor vehicle what is
114 commonly known and sold as gasoline and fuels containing a
115 mixture of gasoline and other products.
116 (8)(9) "Operate," "operated," "operation," or "operating"
117 means and includes the use utilization in any form of any
118 qualified commercial motor vehicle, whether loaded or empty,
119 whether used utilized for compensation or not for compensation,
120 and whether owned by or leased to the motor carrier who uses it
121 or causes it to be used.
122 (9)(10) "Person" means and includes natural persons,
123 corporations, copartnerships, firms, companies, agencies, or
124 associations, singular or plural.
125 (10)(11) "Public highway" means any public street, road,
126 or highway in this state.
127 (11)(1) "Qualified commercial motor vehicle" means any
128 vehicle not owned or operated by a governmental entity which
129 uses diesel fuel or motor fuel on the public highways; and which
130 has two axles and a gross vehicle weight or registered gross
131 vehicle weight in excess of 26,000 pounds, or has three or more
132 axles regardless of weight, or is used in combination when the
133 weight of such combination exceeds 26,000 pounds gross vehicle
134 weight or registered gross vehicle weight. The term excludes any
135 recreational vehicle or vehicle owned or operated by a community
136 transportation coordinator as defined in s. 427.011 or by a
137 private operator that provides public transit services under
138 contract with such a provider.
139 (12) "Registrant" means a person in whose name or names a
140 vehicle is properly registered.
141 (12)(13) "Use," "uses," or "used" means the consumption of
142 diesel fuel or motor fuel in a qualified commercial motor
143 vehicle for the propulsion thereof.
144 Section 3. Section 207.004, Florida Statutes, is amended
145 to read:
146 207.004 Licensing registration of motor carriers; fuel tax
147 decals identifying devices; fees; renewals; temporary fuel-use
148 permits and driveaway permits.—
149 (1)(a) A no motor carrier may not shall operate or cause
150 to be operated in this state any qualified commercial motor
151 vehicle, other than a Florida-based qualified commercial motor
152 vehicle that travels Florida intrastate mileage only, which that
153 uses diesel fuel or motor fuel until such carrier is licensed
154 has registered with the department or has registered under the
155 International Fuel Tax Agreement a cooperative reciprocal
156 agreement as described in s. 207.0281, after such time as this
157 state enters into such agreement, and has been issued fuel tax
158 decals an identifying device or such carrier has been issued a
159 temporary fuel-use permit as authorized under subsection
160 subsections (4) and (5) for each vehicle operated. The fee for
161 each set of fuel tax decals is There shall be a fee of $4 per
162 year or any fraction thereof. A copy of the license must be
163 carried in each vehicle or made available electronically. The
164 fuel tax decal for each such identifying device issued. The
165 identifying device shall be provided by the department and must
166 be conspicuously displayed on the qualified commercial motor
167 vehicle as prescribed by the instructions on the reverse side of
168 the decal department while the vehicle it is being operated on
169 the public highways of this state. The transfer of a fuel tax
170 decal an identifying device from one vehicle to another vehicle
171 or from one motor carrier to another motor carrier is
172 prohibited. The department or its authorized agent shall issue
173 the licenses and fuel tax decals.
174 (b) The motor carrier to whom fuel tax decals have an
175 identifying device has been issued is shall be solely
176 responsible for the proper use of the fuel tax decals
177 identifying device by its employees, consignees, or lessees.
178 (2) Fuel tax decals Identifying devices shall be issued
179 each year for the period January 1 through December 31, or any
180 portion thereof, if tax returns and tax payments, when
181 applicable, have been submitted to the department for all prior
182 reporting periods. Fuel tax decals Identifying devices may be
183 displayed for the next succeeding indicia period beginning
184 December 1 of each year. Beginning October 1, 2026, except as
185 otherwise authorized by the department, all fuel tax decal
186 renewal orders must be submitted electronically through an
187 online system prescribed by the department.
188 (3) If a motor carrier licensed in this state no longer
189 operates or causes to be operated in this state any qualified a
190 commercial motor vehicle, the fuel tax decal for each qualified
191 motor vehicle that is no longer operated or caused to be
192 operated by the motor carrier must identifying device shall be
193 destroyed and the motor carrier to whom the fuel tax decal
194 device was issued must shall notify the department immediately
195 by letter of such removal and of the number of the fuel tax
196 decal identifying device that was has been destroyed.
197 (4) A motor carrier, before operating a qualified
198 commercial motor vehicle on the public highways of this state,
199 must require each qualified motor vehicle to display a fuel tax
200 decal an identifying device as required under subsections (1)
201 and (2) or must obtain a temporary fuel-use permit for that
202 vehicle as provided in subsection (5). A temporary fuel-use
203 permit shall expire within 10 days after date of issuance. The
204 cost of a temporary fuel-use permit is $45, and the permit
205 exempts the vehicle from the payment of the motor fuel or diesel
206 fuel tax imposed under this chapter during the term for which
207 the permit is valid. However, the vehicle is not exempt from
208 paying the fuel tax at the pump.
209 (5)(a) A registered motor carrier holding a valid license
210 may certificate of registration may, upon payment of the $45 fee
211 per permit, secure from the department, or any wire service
212 authorized by the department, a temporary fuel-use permit.
213 (b) The fee for a temporary fuel-use permit is $45. A
214 temporary fuel-use permit expires 10 days after the date of
215 issuance and exempts the vehicle from payment of the motor fuel
216 tax imposed under this chapter during the period for which the
217 permit is valid. However, this paragraph does not exempt the
218 vehicle from payment at the pump of the fuel tax imposed under
219 chapter 206.
220 (c) A blank temporary fuel-use permit, before its use,
221 must be executed by the motor carrier, in ink or type, so as to
222 identify the carrier, the vehicle to which the permit is
223 assigned, and the permit's effective date and expiration date
224 that the vehicle is placed in and removed from service. The
225 temporary fuel-use permit shall also show a complete
226 identification of the vehicle on which the permit is to be used,
227 together with the name and address of the owner or lessee of the
228 vehicle. The endorsed temporary fuel-use permit must shall then
229 be carried on the vehicle that it identifies and must shall be
230 exhibited on demand to any authorized personnel. Temporary fuel-
231 use permits may be transmitted to the motor carrier by
232 electronic means and shall be completed as outlined by
233 department personnel prior to transmittal.
234 (d) The motor carrier to whom a temporary fuel-use permit
235 is issued is shall be solely responsible for the proper use of
236 the permit by its employees, consignees, or lessees. Any
237 erasure, alteration, or unauthorized use of a temporary fuel-use
238 permit renders shall render it invalid and of no effect. A motor
239 carrier to whom a temporary fuel-use permit is issued may not
240 knowingly allow the permit to be used by any other person or
241 organization.
242 (b) An unregistered motor carrier may, upon payment of the
243 $45 fee, secure from any wire service authorized by the
244 department, by electronic means, a temporary fuel-use permit
245 that shall be valid for a period of 10 days. Such permit must
246 show the name and address of the unregistered motor carrier to
247 whom it is issued, the date the vehicle is placed in and removed
248 from service, a complete identification of the vehicle on which
249 the permit is to be used, and the name and address of the owner
250 or lessee of the vehicle. The temporary fuel-use permit shall
251 then be carried on the vehicle that it identifies and shall be
252 exhibited on demand to any authorized personnel. The
253 unregistered motor carrier to whom a temporary fuel-use permit
254 is issued shall be solely responsible for the proper use of the
255 permit by its employees, consignees, or lessees. Any erasure,
256 alteration, or unauthorized use of a temporary fuel-use permit
257 shall render it invalid and of no effect. The unregistered motor
258 carrier to whom a temporary fuel-use permit is issued may not
259 knowingly allow the permit to be used by any other person or
260 organization.
261 (c) A registered motor carrier engaged in driveaway
262 transportation, in which the cargo is the vehicle itself and is
263 in transit to stock inventory and the ownership of the vehicle
264 is not vested in the motor carrier, may, upon payment of the $4
265 fee, secure from the department a driveaway permit. The
266 driveaway permits shall be issued for the period January 1
267 through December 31. An original permit must be in the
268 possession of the operator of each vehicle and shall be
269 exhibited on demand to any authorized personnel. Vehicle mileage
270 reports must be submitted by the motor carrier, and the road
271 privilege tax must be paid on all miles operated within this
272 state during the reporting period. All other provisions of this
273 chapter shall apply to the holder of a driveaway permit.
274 Section 4. Section 207.005, Florida Statutes, is amended
275 to read:
276 207.005 Returns and payment of tax; delinquencies;
277 calculation of fuel used during operations in this the state;
278 credit; bond.—
279 (1) The taxes levied under this chapter are shall be due
280 and payable on the first day of the month following the last
281 month of the reporting period. The department may adopt
282 promulgate rules for requiring and establishing procedures for
283 annual, semiannual, or quarterly filing. The reporting period is
284 shall be the 12 months beginning January July 1 and ending
285 December 31 June 30. It shall be the duty of Each motor carrier
286 licensed registered or required to be licensed registered under
287 the provisions of this chapter must to submit a return by the
288 following due dates, except that each due date is extended until
289 the last day of the month of the due date, and, if the last day
290 of the month falls on a Saturday, Sunday, or legal holiday, the
291 due date is further extended until the next day that is not a
292 Saturday, Sunday, or legal holiday within 30 days after the due
293 date. The due date shall be as follows:
294 (a) If annual filing, the due date is January 31 shall be
295 July 1;
296 (b) If semiannual filing, the due dates are shall be
297 January 31 1 and July 31 1; or
298 (c) If quarterly filing, the due dates are shall be
299 January 31 1, April 30 1, July 31 1, and October 31 1.
300 (2) The amount of fuel used in the propulsion of any
301 qualified commercial motor vehicle within this state may be
302 calculated, if the motor carrier maintains adequate records, by
303 applying total interstate vehicular consumption of all diesel
304 fuel and motor fuel used as related to total miles traveled and
305 applying such rate to total miles traveled within this state. In
306 the absence of adequate documentation by the motor carrier, the
307 department may adopt is authorized to promulgate rules
308 converting miles driven to gallons used.
309 (3) For the purpose of computing the carrier's liability
310 for the fuel road privilege tax, the total gallons of fuel used
311 in the propulsion of any qualified commercial motor vehicle in
312 this state shall be multiplied by the rates provided in parts I-
313 III of chapter 206. From the sum determined by this calculation,
314 there shall be allowed a credit equal to the amount of the tax
315 per gallon under parts I-III of chapter 206 for each gallon of
316 fuel purchased in this state during the reporting period when
317 the diesel fuel or motor fuel tax was paid at the time of
318 purchase. If the tax paid under parts I-III of chapter 206
319 exceeds the total tax due under this chapter, the excess may be
320 allowed as a credit against future tax payments, until the
321 credit is fully offset or until eight calendar quarters shall
322 have passed since the end of the calendar quarter in which the
323 credit accrued, whichever occurs first. A refund may be made for
324 this credit provided it exceeds $10.
325 (4) The department may adopt is authorized to promulgate
326 the necessary rules to provide for an adequate bond from each
327 motor carrier to ensure payment of taxes required under this
328 chapter.
329 (5) Beginning October 1, 2026, except as otherwise
330 authorized by the department, all returns must be submitted
331 electronically through an online system prescribed by the
332 department.
333 Section 5. Section 207.007, Florida Statutes, is amended
334 to read:
335 207.007 Offenses; penalties and interest.—
336 (1) If any motor carrier licensed registered under this
337 chapter fails to file a return or and pay any tax liability
338 under this chapter within the time required hereunder, the
339 department may impose a delinquency penalty of $50 or 10 percent
340 of the delinquent taxes due, whichever is greater, if the
341 failure is for not more than 30 days, with an additional 10
342 percent penalty for each additional 30 days, or fraction
343 thereof, during the time which the failure continues, not to
344 exceed a total penalty of 100 percent in the aggregate. However,
345 the penalty may not be less than $50.
346 (2) In addition to any other penalties, any delinquent tax
347 shall bear interest in accordance with the International Fuel
348 Tax Agreement at the rate of 1 percent per month, or fraction
349 thereof, calculated from the date the tax was due. If the
350 department enters into a cooperative reciprocal agreement under
351 the provisions of s. 207.0281, the department shall collect and
352 distribute all interest due to other jurisdictions at the same
353 rate as if such interest were due to the state.
354 (3) Any person who:
355 (a) Willfully refuses or neglects to make any statement,
356 report, or return required by the provisions of this chapter;
357 (b) Knowingly makes, or assists any other person in
358 making, a false statement in a return or report or in connection
359 with an application for licensure registration under this
360 chapter or in connection with an audit; or
361 (c) Counterfeits, alters, manufactures, or sells fuel tax
362 licenses, fuel tax decals, or temporary fuel-use permits without
363 first having obtained the department's permission in writing; or
364 (d)(c) Violates any provision of the provisions of this
365 chapter, a penalty for which is not otherwise provided,
367 commits is guilty of a felony of the third degree, punishable as
368 provided in s. 775.082, s. 775.083, or s. 775.084. In addition,
369 the department may revoke or suspend the licensure and
370 registration privileges under ss. 207.004 and 320.02,
371 respectively, of the violator. Each day or part thereof during
372 which a person operates or causes to be operated a qualified
373 commercial motor vehicle without being the holder of fuel tax
374 decals an identifying device or having a valid temporary fuel-
375 use or driveaway permit as required by this chapter constitutes
376 a separate offense within the meaning of this section. In
377 addition to the penalty imposed by this section, the defendant
378 is shall be required to pay all taxes, interest, and penalties
379 due to this the state. Section 6. Subsection (1) of section 207.019, Florida
381 Statutes, is amended to read:
382 207.019 Discontinuance or transfer of business; change of
383 address.—
384 (1) Whenever a person ceases to engage in business as a
385 motor carrier within this the state by reason of the
386 discontinuance, sale, or transfer of the business of such
387 person, the person he or she shall notify the department in
388 writing at least 10 days before prior to the time the
389 discontinuance, sale, or transfer takes effect. Such notice must
390 shall give the date of discontinuance and, in the event of a
391 sale or transfer of the business, the date thereof and the name
392 and address of the purchaser or transferee. All diesel fuel or
393 motor fuel use taxes are shall become due and payable
394 concurrently with such discontinuance, sale, or transfer; and
395 any such person shall, concurrently with such discontinuance,
396 sale, or transfer, make a report and, pay all such taxes,
397 interest, and penalties; and the fuel tax decals must be
398 destroyed and the motor carrier to whom the decals were issued
399 shall notify the department by letter of their destruction and
400 of the numbers of the fuel tax decals that were destroyed, and
401 surrender to the department the registration issued to such
402 person.
403 Section 7. Subsection (1) of section 316.065, Florida
404 Statutes, is amended to read:
405 316.065 Crashes; reports; penalties.—
406 (1) The driver of a vehicle involved in a crash resulting
407 in injury to or death of any persons or damage to any vehicle or
408 other property in an apparent amount of at least $2,000 $500
409 shall immediately by the quickest means of communication give
410 notice of the crash to the local police department, if such
411 crash occurs within a municipality; otherwise, to the office of
412 the county sheriff or the nearest office or station of the
413 Florida Highway Patrol. A violation of this subsection is a
414 noncriminal traffic infraction, punishable as a nonmoving
415 violation as provided in chapter 318.
416 Section 8. Subsection (2) and paragraph (e) of subsection
417 (5) of section 320.02, Florida Statutes, are amended to read:
418 320.02 Registration required; application for
419 registration; forms.—
420 (2)(a) The application for registration must include the
421 street address of the owner's permanent Florida residence or the
422 address of his or her permanent place of business in Florida and
423 be accompanied by personal or business identification
424 information. If the vehicle is registered to an active duty
425 member of the United States Armed Forces who is a Florida
426 resident, the active duty member is not required to provide the
427 street address of a permanent Florida residence.
428 (b) An individual applicant must provide proof of address
429 satisfactory to the department and:
430 1. A valid REAL ID driver license or identification card
431 issued by this state or another state; or
432 2. A valid, unexpired United States passport; or
433 3. A valid, unexpired passport issued by another country
434 and an unexpired Form I-94 issued by the United States Bureau of
435 Customs and Border Protection.
437 For purposes of this paragraph, the term "REAL ID driver license
438 or identification card" has the same meaning as provided in 6
439 C.F.R. s. 37.3.
440 (c) A business applicant must provide a federal employer
441 identification number, if applicable, or verification that the
442 business is authorized to conduct business in this the state, or
443 a Florida municipal or county business license or number.
444 1. If the owner does not have a permanent residence or
445 permanent place of business or if the owner's permanent
446 residence or permanent place of business cannot be identified by
447 a street address, the application must include:
448 a. If the vehicle is registered to a business, the name
449 and street address of the permanent residence of an owner of the
450 business, an officer of the corporation, or an employee who is
451 in a supervisory position.
452 b. If the vehicle is registered to an individual, the name
453 and street address of the permanent residence of a close
454 relative or friend who is a resident of this state.
455 2. If the vehicle is registered to an active duty member
456 of the Armed Forces of the United States who is a Florida
457 resident, the active duty member is exempt from the requirement
458 to provide the street address of a permanent residence.
459 (d)(b) The department shall prescribe a form upon which
460 motor vehicle owners may record odometer readings when
461 registering their motor vehicles.
462 (5)
463 (e) Upon the expiration date noted in the cancellation
464 notice that the department receives from the insurer, the
465 department shall suspend the registration, issued under this
466 chapter or revoke the license issued under s. 207.004(1), of a
467 motor carrier who operates a commercial motor vehicle or a
468 qualified motor vehicle who permits it to be operated in this
469 state during the registration period or licensure period without
470 having in full force liability insurance, a surety bond, or a
471 valid self-insurance certificate that complies with this
472 section. The insurer shall provide notice to the department at
473 the same time the cancellation notice is provided to the insured
474 pursuant to s. 627.7281. The department may adopt rules
475 regarding the electronic submission of the cancellation notice.
476 Section 9. Section 320.061, Florida Statutes, is amended
477 to read:
478 320.061 Unlawful to alter motor vehicle registration
479 certificates, license plates, temporary license plates, mobile
480 home stickers, or validation stickers or to obscure license
481 plates; penalty.—A person may not alter the original appearance
482 of a vehicle registration certificate, license plate, temporary
483 license plate, mobile home sticker, or validation sticker issued
484 for and assigned to a motor vehicle or mobile home, whether by
485 mutilation, alteration, defacement, or change of color or in any
486 other manner. A person may not apply or attach a substance,
487 reflective matter, illuminated device, spray, coating, covering,
488 or other material onto or around any license plate which
489 interferes with the legibility, angular visibility, or
490 detectability of any feature or detail on the license plate
491 number or validation sticker or interferes with the ability to
492 record any feature or detail on the license plate number or
493 validation sticker. It is not a violation of this section if a
494 person attaches a frame around a license plate that interferes
495 with the legibility, angular visibility, detectability, or
496 ability to record information on the license plate other than
497 the license plate number or validation sticker. A person who
498 knowingly violates this section commits a misdemeanor of the
499 second degree, punishable as provided in s. 775.082 or s.
500 775.083.
501 Section 10. Paragraphs (c) and (d) of subsection (1) of
502 section 320.262, Florida Statutes, are amended, and subsection
503 (5) is added to that section, to read:
504 320.262 License plate obscuring device prohibited;
505 penalties.—
506 (1) As used in this section, the term "license plate
507 obscuring device" means a manual, electronic, or mechanical
508 device designed or adapted to be installed on a motor vehicle
509 for the purpose of:
510 (c) Covering, obscuring, or otherwise interfering with the
511 legibility, angular visibility, or detectability of the primary
512 features or details, including the license plate number or
513 validation sticker, on the license plate; or
514 (d) Interfering with the ability to record the primary
515 features or details, including the license plate number or
516 validation sticker, on the license plate.
517 (5) The use of a license plate frame or decorative border
518 device is not an offense under this section, provided that the
519 device does not obscure the visibility of the following:
520 (a) The alphanumeric designation or license plate number.
521 (b) The registration decal or validation sticker located
522 in the upper right corner.
523 Section 11. Subsection (2) of section 320.95, Florida
524 Statutes, is amended to read:
525 320.95 Transactions by electronic or telephonic means.—
526 (2) The department may collect e-mail electronic mail
527 addresses and use e-mail electronic mail in lieu of the United
528 States Postal Service as a method of notification for the
529 purpose of providing renewal notices. Section 12. Subsection (44) of section 322.01, Florida
531 Statutes, is amended to read:
532 322.01 Definitions.—As used in this chapter:
533 (44) "Tank vehicle" means a commercial motor vehicle that
534 is designed to transport any liquid or gaseous material within
535 one or more tanks that each have an individual rated capacity of
536 more than 119 gallons and an aggregate rated capacity of 1,000
537 gallons or more and that are a tank either permanently or
538 temporarily attached to the vehicle or chassis. The term does
539 not include a commercial motor vehicle transporting an empty
540 storage tank that is not designed for transportation but that is
541 temporarily attached to a flatbed trailer, if such tank has a
542 designed capacity of 1,000 gallons or more.
543 Section 13. Paragraph (a) of subsection (1) of section
544 322.051, Florida Statutes, is amended to read:
545 322.051 Identification cards.—
546 (1) Any person who is 5 years of age or older, or any
547 person who has a disability, regardless of age, who applies for
548 a disabled parking permit under s. 320.0848, may be issued an
549 identification card by the department upon completion of an
550 application and payment of an application fee.
551 (a) The application must include the following information
552 regarding the applicant:
553 1. Full name (first, middle or maiden, and last), gender,
554 proof of social security card number satisfactory to the
555 department, which may include a military identification card,
556 county of residence, mailing address, e-mail address, proof of
557 residential address satisfactory to the department, country of
558 birth, and a brief description.
559 2. Proof of birth date satisfactory to the department.
560 3. Proof of identity satisfactory to the department. Such
561 proof must include one of the following documents issued to the
562 applicant:
563 a. A driver license record or identification card record
564 from another jurisdiction that required the applicant to submit
565 a document for identification which is substantially similar to
566 a document required under sub-subparagraph b., sub-subparagraph
567 c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
568 f., sub-subparagraph g., or sub-subparagraph h.;
569 b. A certified copy of a United States birth certificate;
570 c. A valid, unexpired United States passport;
571 d. A naturalization certificate issued by the United
572 States Department of Homeland Security;
573 e. A valid, unexpired alien registration receipt card
574 (green card);
575 f. A Consular Report of Birth Abroad provided by the
576 United States Department of State;
577 g. An unexpired employment authorization card issued by
578 the United States Department of Homeland Security; or
579 h. Proof of nonimmigrant classification provided by the
580 United States Department of Homeland Security, for an original
581 identification card. In order to prove nonimmigrant
582 classification, an applicant must provide at least one of the
583 following documents. In addition, the department may require
584 applicants to produce United States Department of Homeland
585 Security documents for the sole purpose of establishing the
586 maintenance of, or efforts to maintain, continuous lawful
587 presence:
588 (I) A notice of hearing from an immigration court
589 scheduling a hearing on any proceeding.
590 (II) A notice from the Board of Immigration Appeals
591 acknowledging pendency of an appeal.
592 (III) A notice of the approval of an application for
593 adjustment of status issued by the United States Citizenship and
594 Immigration Services.
595 (IV) An official documentation confirming the filing of a
596 petition for asylum or refugee status or any other relief issued
597 by the United States Citizenship and Immigration Services.
598 (V) A notice of action transferring any pending matter
599 from another jurisdiction to Florida, issued by the United
600 States Citizenship and Immigration Services.
601 (VI) An order of an immigration judge or immigration
602 officer granting relief that authorizes the alien to live and
603 work in the United States, including, but not limited to,
604 asylum.
605 (VII) Evidence that an application is pending for
606 adjustment of status to that of an alien lawfully admitted for
607 permanent residence in the United States or conditional
608 permanent resident status in the United States, if a visa number
609 is available having a current priority date for processing by
610 the United States Citizenship and Immigration Services.
611 (VIII) On or after January 1, 2010, an unexpired foreign
612 passport with an unexpired United States Visa affixed,
613 accompanied by an approved I-94, documenting the most recent
614 admittance into the United States.
616 An identification card issued based on documents required in
617 sub-subparagraph g. or sub-subparagraph h. is valid for a period
618 not to exceed the expiration date of the document presented or 1
619 year, whichever occurs first.
620 Section 14. Subsection (1) of section 322.17, Florida
621 Statutes, is amended to read:
622 322.17 Replacement licenses and permits.—
623 (1)(a) In the event that an instruction permit or driver
624 license issued under the provisions of this chapter is lost or
625 destroyed, the person to whom the same was issued may, upon
626 payment of the appropriate fee pursuant to s. 322.21, obtain a
627 replacement upon furnishing proof satisfactory to the department
628 that such permit or license has been lost or destroyed, and
629 further furnishing the full name, date of birth, sex, residence
630 and mailing address, e-mail address, proof of birth satisfactory
631 to the department, and proof of identity satisfactory to the
632 department.
633 (b) In the event that an instruction permit or driver
634 license issued under the provisions of this chapter is stolen,
635 the person to whom the same was issued may, at no charge, obtain
636 a replacement upon furnishing proof satisfactory to the
637 department that such permit or license was stolen and further
638 furnishing the full name, date of birth, sex, residence and
639 mailing address, e-mail address, proof of birth satisfactory to
640 the department, and proof of identity satisfactory to the
641 department.
642 Section 15. Subsections (1), (2), (3), and (6) of section
643 322.251, Florida Statutes, are amended to read:
644 322.251 Notice of cancellation, suspension, revocation, or
645 disqualification of license.—
646 (1) All orders of cancellation, suspension, revocation, or
647 disqualification issued under the provisions of this chapter,
648 chapter 318, chapter 324, or ss. 627.732-627.734 must shall be
649 given either by personal delivery thereof to the licensee whose
650 license is being canceled, suspended, revoked, or disqualified;
651 or by deposit in the United States mail in an envelope, first
652 class, postage prepaid, addressed to the licensee at his or her
653 last known mailing address furnished to the department; or by e-
654 mail notification if authorized by the licensee. Such methods of
655 notification mailing by the department constitute notice
656 constitutes notification, and any failure by the person to
657 receive the mailed order does will not affect or stay the
658 effective date or term of the cancellation, suspension,
659 revocation, or disqualification of the licensee's driving
660 privilege.
661 (2) The giving of notice and an order of cancellation,
662 suspension, revocation, or disqualification by mail is complete
663 upon expiration of 20 days after e-mail notification or deposit
664 in the United States mail for all notices except those issued
665 under chapter 324 or ss. 627.732–627.734, which are complete 15
666 days after e-mail notification or deposit in the United States
667 mail. Proof of the giving of notice and an order of
668 cancellation, suspension, revocation, or disqualification in
669 such either manner must shall be made by entry in the records of
670 the department that such notice was given. The entry is
671 admissible in the courts of this state and constitutes
672 sufficient proof that such notice was given.
673 (3) Whenever the driving privilege is suspended, revoked,
674 or disqualified under the provisions of this chapter, the period
675 of such suspension, revocation, or disqualification must shall
676 be indicated on the order of suspension, revocation, or
677 disqualification, and the department shall require the licensee
678 whose driving privilege is suspended, revoked, or disqualified
679 to surrender all licenses then held by him or her to the
680 department. However, if should the person fails fail to
681 surrender such licenses, the suspension, revocation, or
682 disqualification period does shall not expire until a period
683 identical to the period for which the driving privilege was
684 suspended, revoked, or disqualified has expired after the date
685 of surrender of the licenses, or the date an affidavit swearing
686 such licenses are lost has been filed with the department. In
687 any instance where notice of the suspension, revocation, or
688 disqualification order is given mailed as provided herein, and
689 the license is not surrendered to the department, and such
690 license thereafter expires, the department may shall not renew
691 that license until a period of time identical to the period of
692 such suspension, revocation, or disqualification imposed has
693 expired.
694 (6) Whenever a cancellation, suspension, revocation, or
695 disqualification occurs, the department shall enter the
696 cancellation, suspension, revocation, or disqualification order
697 on the licensee's driver file 20 days after e-mail notification
698 or deposit the notice was actually placed in the United States
699 mail. Any inquiry into the file after the 20-day period shall
700 reveal that the license is canceled, suspended, revoked, or
701 disqualified and whether the license has been received by the
702 department.
703 Section 16. Paragraph (a) of subsection (8) of section
704 120.80, Florida Statutes, is amended to read:
705 120.80 Exceptions and special requirements; agencies.—
706 (8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—
707 (a) Driver licenses.—
708 1. Notwithstanding s. 120.57(1)(a), hearings regarding
709 driver licensing pursuant to chapter 322 need not be conducted
710 by an administrative law judge assigned by the division.
711 2. Notwithstanding s. 120.60(5), cancellation, suspension,
712 or revocation of a driver license shall be by personal delivery
713 to the licensee or by first-class mail or e-mail as provided in
714 s. 322.251. Section 17. Section 207.003, Florida Statutes, is amended
716 to read:
717 207.003 Privilege tax levied.—A tax for the privilege of
718 operating any qualified commercial motor vehicle upon the public
719 highways of this state shall be levied upon every motor carrier
720 at a rate which includes the minimum rates provided in parts I-
721 III of chapter 206 on each gallon of diesel fuel or motor fuel
722 used for the propulsion of a qualified commercial motor vehicle
723 by such motor carrier within this the state.
724 Section 18. Section 207.008, Florida Statutes, is amended
725 to read:
726 207.008 Retention of records by motor carrier.—Each
727 licensed registered motor carrier shall maintain and keep
728 pertinent records and papers as may be required by the
729 department for the reasonable administration of this chapter and
730 shall preserve the records upon which each quarterly tax return
731 is based for 4 years after following the due date or filing date
732 of the return, whichever is later.
733 Section 19. Subsection (3) of section 207.011, Florida
734 Statutes, is amended to read:
735 207.011 Inspection of records; hearings; forms; rules.—
736 (3) The department, or any authorized agent thereof, may
737 is authorized to examine the records, books, papers, and
738 equipment of any motor carrier, any retail dealer of motor
739 diesel fuels, and any wholesale distributor of diesel fuels or
740 motor fuels which that are deemed necessary to verify the truth
741 and accuracy of any statement, or report, or return and
742 ascertain whether the tax imposed by this chapter has been paid.
743 Section 20. Section 207.013, Florida Statutes, is amended
744 to read:
745 207.013 Suits for collection of unpaid taxes, penalties,
746 and interest.—Upon demand of the department, the Department of
747 Legal Affairs or the state attorney for a judicial circuit shall
748 bring appropriate actions, in the name of the state or in the
749 name of the Department of Highway Safety and Motor Vehicles in
750 the capacity of its office, for the recovery of taxes,
751 penalties, and interest due under this chapter; and judgment
752 shall be rendered for the amount so found to be due together
753 with costs. However, if it is shall be found as a fact that such
754 claim for, or grant of, an exemption or credit was willful on
755 the part of any motor carrier, retail dealer, or distributor of
756 diesel fuel or motor fuel, judgment must shall be rendered for
757 double the amount of the tax found to be due with costs. The
758 department may employ an attorney at law to institute and
759 prosecute proper proceedings to enforce payment of the taxes,
760 penalties, and interest provided for by this chapter and may fix
761 the compensation for the services of such attorney at law.
762 Section 21. Subsection (3) of section 207.014, Florida
763 Statutes, is amended to read:
764 207.014 Departmental warrant for collection of unpaid
765 taxes.—
766 (3) In the event there is a contest or claim of any kind
767 with reference to the property levied upon or the amount of
768 taxes, costs, or penalties due, such contest or claim must shall
769 be tried in the circuit court in and for the county in which the
770 warrant was executed, as nearly as may be in the same manner and
771 means as such contest or claim would have been tried in such
772 court had the warrant originally issued upon a judgment rendered
773 by such court. The warrant issued as provided in this section
774 constitutes shall constitute prima facie evidence of the amount
775 of taxes, interest, and penalties due to the state by the motor
776 carrier,; and the burden of proof is shall be upon the motor
777 carrier, retail dealer, or distributor of diesel fuel or motor
778 fuel to show that the amounts or penalties were incorrect.
779 Section 22. Subsections (1) and (3) of section 207.023, Florida Statutes, are amended to read:
781 207.023 Authority to inspect vehicles, make arrests, seize
782 property, and execute warrants.—
783 (1) As a part of their responsibility when inspecting
784 qualified motor commercial vehicles, the Department of Highway
785 Safety and Motor Vehicles, the Department of Agriculture and
786 Consumer Services, and the Department of Transportation shall
787 ensure that all vehicles are properly qualified under the
788 provisions of this chapter.
789 (3) Qualified commercial motor vehicles owned or operated
790 by any motor carrier who refuses to comply with this chapter may
791 be seized by authorized agents or employees of the Department of
792 Highway Safety and Motor Vehicles, the Department of Agriculture
793 and Consumer Services, or the Department of Transportation; or
794 authorized agents and employees of any of these departments also
795 may seize property as set out in ss. 206.205, 206.21, and
796 206.215. Upon such seizure, the property must shall be
797 surrendered without delay to the sheriff of the county where the
798 property was seized for further proceedings.
799 Section 23. Subsections (1) and (6) of section 207.0281,
800 Florida Statutes, are amended to read:
801 207.0281 Registration; Cooperative reciprocal agreements
802 between states.—
803 (1) The Department of Highway Safety and Motor Vehicles
804 may enter into a cooperative reciprocal agreement, including,
805 but not limited to, the International Fuel Tax fuel-tax
806 Agreement, with another state or group of states for the
807 administration of the tax imposed by this chapter. An agreement
808 arrangement, declaration, or amendment is not effective until
809 stated in writing and filed with the Department of Highway
810 Safety and Motor Vehicles.
811 (6) This section and the contents of any reciprocal
812 agreement entered into under this section supersede all other
813 fuel-tax requirements of this chapter for qualified commercial
814 motor vehicles. Section 24. Paragraph (aa) of subsection (7) of section
816 212.08, Florida Statutes, is amended to read:
817 212.08 Sales, rental, use, consumption, distribution, and
818 storage tax; specified exemptions.—The sale at retail, the
819 rental, the use, the consumption, the distribution, and the
820 storage to be used or consumed in this state of the following
821 are hereby specifically exempt from the tax imposed by this
822 chapter.
823 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
824 entity by this chapter do not inure to any transaction that is
825 otherwise taxable under this chapter when payment is made by a
826 representative or employee of the entity by any means,
827 including, but not limited to, cash, check, or credit card, even
828 when that representative or employee is subsequently reimbursed
829 by the entity. In addition, exemptions provided to any entity by
830 this subsection do not inure to any transaction that is
831 otherwise taxable under this chapter unless the entity has
832 obtained a sales tax exemption certificate from the department
833 or the entity obtains or provides other documentation as
834 required by the department. Eligible purchases or leases made
835 with such a certificate must be in strict compliance with this
836 subsection and departmental rules, and any person who makes an
837 exempt purchase with a certificate that is not in strict
838 compliance with this subsection and the rules is liable for and
839 shall pay the tax. The department may adopt rules to administer
840 this subsection.
841 (aa) Qualified motor certain commercial vehicles.—Also
842 exempt is the sale, lease, or rental of a qualified commercial
843 motor vehicle as defined in s. 207.002, when the following
844 conditions are met:
845 1. The sale, lease, or rental occurs between two commonly
846 owned and controlled corporations;
847 2. Such vehicle was titled and registered in this state at
848 the time of the sale, lease, or rental; and
849 3. Florida sales tax was paid on the acquisition of such
850 vehicle by the seller, lessor, or renter.
851 Section 25. Paragraphs (a) and (b) of subsection (4) of
852 section 316.545, Florida Statutes, are amended to read:
853 316.545 Weight and load unlawful; special fuel and motor
854 fuel tax enforcement; inspection; penalty; review.—
855 (4)(a) A commercial vehicle may not be operated over the
856 highways of this state unless it has been properly licensed
857 registered under s. 207.004. Whenever any law enforcement
858 officer identified in s. 207.023(1), upon inspecting the vehicle
859 or combination of vehicles, determines that the vehicle is in
860 violation of s. 207.004, a penalty in the amount of $50 shall be
861 assessed, and the vehicle may be detained until payment is
862 collected by the law enforcement officer.
863 (b) In addition to the penalty provided for in paragraph
864 (a), the vehicle may be detained until the owner or operator of
865 the vehicle furnishes evidence that the vehicle has been
866 properly licensed registered pursuant to s. 207.004. Any officer
867 of the Florida Highway Patrol or agent of the Department of
868 Transportation may issue a temporary fuel-use fuel use permit
869 and collect the appropriate fee as provided for in s. 207.004(5)
870 s. 207.004(4). Notwithstanding the provisions of subsection (6),
871 all permit fees collected pursuant to this paragraph shall be
872 transferred to the Department of Highway Safety and Motor
873 Vehicles to be allocated pursuant to s. 207.026.
874 Section 26. Paragraph (a) of subsection (1) of section
875 318.15, Florida Statutes, is amended to read:
876 318.15 Failure to comply with civil penalty or to appear;
877 penalty.—
878 (1)(a) If a person fails to comply with the civil
879 penalties provided in s. 318.18 within the time period specified
880 in s. 318.14(4), fails to enter into or comply with the terms of
881 a penalty payment plan with the clerk of the court in accordance
882 with ss. 318.14 and 28.246, fails to attend driver improvement
883 school, or fails to appear at a scheduled hearing, the clerk of
884 the court must notify the Department of Highway Safety and Motor
885 Vehicles of such failure within 10 days after such failure. Upon
886 receipt of such notice, the department must immediately issue an
887 order suspending the driver license and privilege to drive of
888 such person effective 20 days after the date the order of
889 suspension is provided mailed in accordance with s. 322.251(1),
890 (2), and (6). The order also must inform the person that he or
891 she may contact the clerk of the court to establish a payment
892 plan pursuant to s. 28.246(4) to make partial payments for
893 court-related fines, fees, service charges, and court costs. Any
894 such suspension of the driving privilege which has not been
895 reinstated, including a similar suspension imposed outside of
896 this state, must remain on the records of the department for a
897 period of 7 years after from the date imposed and must be
898 removed from the records after the expiration of 7 years after
899 from the date it is imposed. The department may not accept the
900 resubmission of such suspension.
901 Section 27. Paragraph (b) of subsection (1) of section
902 319.35, Florida Statutes, is amended to read:
903 319.35 Unlawful acts in connection with motor vehicle
904 odometer readings; penalties.—
905 (1)
906 (b) It is unlawful for any person to knowingly provide
907 false information on the odometer readings required pursuant to
908 ss. 319.23(3) and 320.02(2)(d) 320.02(2)(b).
909 Section 28. Subsection (3) of section 319.40, Florida
910 Statutes, is amended to read:
911 319.40 Transactions by electronic or telephonic means.—
912 (3) The department may collect e-mail electronic mail
913 addresses and use e-mail electronic mail in lieu of the United
914 States Postal Service as a method of notification. However, any
915 notice regarding the potential forfeiture or foreclosure of an
916 interest in property must be sent via the United States Postal
917 Service.
918 Section 29. Paragraph (b) of subsection (5) of section
919 320.03, Florida Statutes, is amended to read:
920 320.03 Registration; duties of tax collectors;
921 International Registration Plan.—
922 (5)
923 (b) Upon a tax collector's request, the department may
924 provide ancillary technology to integrate other tax collection
925 systems used by tax collectors in order to provide tax
926 collectors with data access and uniform interface
927 functionalities for registration renewal transactions performed
928 at a tax collector's office or online via a tax collector's
929 website. The department shall prescribe the best manner of
930 delivering the data access and uniform interface functionalities
931 to tax collectors for the purpose of processing registration
932 renewal transactions and shall provide the ability to record and
933 process registration renewal transactions in the state system in
934 real time and bulk data reporting for vehicle registrations,
935 including each applicant's e-mail electronic mail address
936 collected pursuant to s. 320.95. Such data and functionality may
937 be used only for purposes of fulfilling the tax collector's
938 statutory duties pursuant to this chapter, chapter 319, chapter
939 322, or chapter 328 and may not be resold or used for any other
940 purpose. Such data access and uniform interface functionalities
941 shall be developed no later than July 1, 2023. For the purposes
942 of this paragraph, the term "registration renewal transactions"
943 means issuance of motor vehicle, mobile home, and trailer
944 registration certificates, registration license plates, and
945 validation stickers.
946 Section 30. Subsection (10) of section 322.08, Florida
947 Statutes, is amended to read:
948 322.08 Application for license; requirements for license
949 and identification card forms.—
950 (10) The department may collect e-mail electronic mail
951 addresses and use e-mail electronic mail in lieu of the United
952 States Postal Service as a method of notification for the
953 purpose of providing renewal notices.
954 Section 31. Paragraph (a) of subsection (8) of section 322.18, Florida Statutes, is amended to read:
956 322.18 Original applications, licenses, and renewals;
957 expiration of licenses; delinquent licenses.—
958 (8) The department shall issue 8-year renewals using a
959 convenience service without reexamination to drivers who have
960 not attained 80 years of age. The department shall issue 6-year
961 renewals using a convenience service when the applicant has
962 satisfied the requirements of subsection (5).
963 (a) If the department determines from its records that the
964 holder of a license about to expire is eligible for renewal, the
965 department must shall mail a renewal notice to the licensee at
966 his or her last known address or provide a renewal notice to the
967 licensee by e-mail notification at least, not less than 30 days
968 before prior to the licensee's birthday. The renewal notice must
969 shall direct the licensee to appear at a driver license office
970 for in-person renewal or to transmit the completed renewal
971 notice and the fees required by s. 322.21 to the department
972 using a convenience service.
973 Section 32. Subsection (4) of section 322.21, Florida
974 Statutes, is amended to read:
975 322.21 License fees; procedure for handling and collecting
976 fees.—
977 (4) If the department determines from its records or is
978 otherwise satisfied that the holder of a license about to expire
979 is entitled to have it renewed, the department must shall mail a
980 renewal notice to the licensee at his or her last known address
981 or provide a renewal notice to the licensee by e-mail
982 notification at least, within 30 days before the licensee's
983 birthday. The licensee must shall be issued a renewal license,
984 after reexamination, if required, during the 30 days immediately
985 preceding his or her birthday upon presenting a renewal notice,
986 his or her current license, and the fee for renewal to the
987 department at any driver license examining office.
988 Section 33. Subsection (3) and paragraph (a) of subsection
989 (5) of section 322.245, Florida Statutes, are amended to read:
990 322.245 Suspension of license upon failure of person
991 charged with specified offense under chapter 316, chapter 320,
992 or this chapter to comply with directives ordered by traffic
993 court or upon failure to pay child support in non-IV-D cases as
994 provided in chapter 61 or failure to pay any financial
995 obligation in any other criminal case.—
996 (3) If the person fails to comply with the directives of
997 the court within the 30-day period, or, in non-IV-D cases, fails
998 to comply with the requirements of s. 61.13016 within the period
999 specified in that statute, the depository or the clerk of the
1000 court must electronically notify the department of such failure
1001 within 10 days. Upon electronic receipt of the notice, the
1002 department shall immediately issue an order suspending the
1003 person's driver license and privilege to drive effective 20 days
1004 after the date the order of suspension is provided mailed in
1005 accordance with s. 322.251(1), (2), and (6). The order of
1006 suspension must also contain information specifying that the
1007 person may contact the clerk of the court to establish a payment
1008 plan pursuant to s. 28.246(4) to make partial payments for
1009 fines, fees, service charges, and court costs.
1010 (5)(a) When the department receives notice from a clerk of
1011 the court that a person licensed to operate a motor vehicle in
1012 this state under the provisions of this chapter has failed to
1013 pay financial obligations for any criminal offense other than
1014 those specified in subsection (1), in full or in part under a
1015 payment plan pursuant to s. 28.246(4), the department must
1016 suspend the license of the person named in the notice. The
1017 department shall provide mail an order of suspension in
1018 accordance with s. 322.251(1), (2), and (6), which must also
1019 contain information specifying that the person may contact the
1020 clerk of the court to establish a payment plan pursuant to s.
1021 28.246(4) to make partial payments for fines, fees, service
1022 charges, and court costs.
1023 Section 34. Subsections (3) and (5) of section 322.2615,
1024 Florida Statutes, are amended to read:
1025 322.2615 Suspension of license; right to review.—
1026 (3) If the department determines that the license should
1027 be suspended pursuant to this section and if the notice of
1028 suspension has not already been served upon the person by a law
1029 enforcement officer or correctional officer as provided in
1030 subsection (1), the department shall issue a notice of
1031 suspension and, unless the notice is provided mailed pursuant to
1032 s. 322.251, a temporary permit that expires 10 days after the
1033 date of issuance if the driver is otherwise eligible.
1034 (5) After completion of the informal review, notice of the
1035 department's decision sustaining, amending, or invalidating the
1036 suspension of the driver license of the person whose license was
1037 suspended must be provided to such person. Such notice must be
1038 mailed to the person at the last known address shown on the
1039 department's records, mailed or to the address provided in the
1040 law enforcement officer's report if such address differs from
1041 the address of record, or e-mailed to the e-mail address
1042 furnished to the department within 21 days after the expiration
1043 of the temporary permit issued pursuant to subsection (1) or
1044 subsection (3).
1045 Section 35. Subsection (4) of section 322.2616, Florida
1046 Statutes, is amended to read:
1047 322.2616 Suspension of license; persons under 21 years of
1048 age; right to review.—
1049 (4) If the department finds that the license of the person
1050 should be suspended under this section and if the notice of
1051 suspension has not already been served upon the person by a law
1052 enforcement officer or correctional officer as provided in
1053 subsection (2), the department must shall issue a notice of
1054 suspension and, unless the notice is provided mailed under s.
1055 322.251, a temporary driving permit that expires 10 days after
1056 the date of issuance if the driver is otherwise eligible.
1057 Section 36. Subsection (3) of section 322.64, Florida
1058 Statutes, is amended to read:
1059 322.64 Holder of commercial driver license; persons
1060 operating a commercial motor vehicle; driving with unlawful
1061 blood-alcohol level; refusal to submit to breath, urine, or
1062 blood test.—
1063 (3) If the department determines that the person arrested
1064 should be disqualified from operating a commercial motor vehicle
1065 pursuant to this section and if the notice of disqualification
1066 has not already been served upon the person by a law enforcement
1067 officer or correctional officer as provided in subsection (1),
1068 the department must shall issue a notice of disqualification
1069 and, unless the notice is provided mailed pursuant to s.
1070 322.251, a temporary permit which expires 10 days after the date
1071 of issuance if the driver is otherwise eligible.
1072 Section 37. Subsection (1) of section 324.091, Florida
1073 Statutes, is amended to read:
1074 324.091 Notice to department; notice to insurer.—
1075 (1) Each owner and operator involved in a crash or
1076 conviction case within the purview of this chapter shall furnish
1077 evidence of automobile liability insurance or motor vehicle
1078 liability insurance within 14 days after the date of providing
1079 the mailing of notice of crash by the department in the form and
1080 manner as it may designate. Upon receipt of evidence that an
1081 automobile liability policy or motor vehicle liability policy
1082 was in effect at the time of the crash or conviction case, the
1083 department shall forward to the insurer such information for
1084 verification in a method as determined by the department. The
1085 insurer shall respond to the department within 20 days after the
1086 notice whether or not such information is valid. If the
1087 department determines that an automobile liability policy or
1088 motor vehicle liability policy was not in effect and did not
1089 provide coverage for both the owner and the operator, it must
1090 shall take action as it is authorized to do under this chapter.
1091 Section 38. Paragraph (c) of subsection (1) of section
1092 324.171, Florida Statutes, is amended to read:
1093 324.171 Self-insurer.—
1094 (1) Any person may qualify as a self-insurer by obtaining
1095 a certificate of self-insurance from the department which may,
1096 in its discretion and upon application of such a person, issue
1097 said certificate of self-insurance when such person has
1098 satisfied the requirements of this section to qualify as a self-
1099 insurer under this section:
1100 (c) The owner of a commercial motor vehicle, as defined in
1101 s. 207.002 or s. 320.01 or a qualified motor vehicle as defined
1102 in s. 207.002, may qualify as a self-insurer subject to the
1103 standards provided for in subparagraph (b)2.
1104 Section 39. Subsection (3) of section 328.30, Florida Statutes, is amended to read:
1106 328.30 Transactions by electronic or telephonic means.—
1107 (3) The department may collect e-mail electronic mail
1108 addresses and use e-mail electronic mail in lieu of the United
1109 States Postal Service as a method of notification for the
1110 purpose of providing renewal notices.
1111 Section 40. Paragraph (b) of subsection (1) of section
1112 328.73, Florida Statutes, is amended to read:
1113 328.73 Registration; duties of tax collectors.—
1114 (1)
1115 (b) Upon a tax collector's request, the department may
1116 provide ancillary technology to integrate other tax collection
1117 systems used by tax collectors in order to provide tax
1118 collectors with data access and uniform interface
1119 functionalities for registration renewal transactions performed
1120 at a tax collector's office or online via a tax collector's
1121 website. The department shall prescribe the best manner of
1122 delivering the data access and uniform interface functionalities
1123 to tax collectors for the purpose of processing registration
1124 renewal transactions and shall provide the ability to record and
1125 process registration renewal transactions in the state system in
1126 real time and bulk data reporting for vessel registrations,
1127 including each applicant's e-mail electronic mail address
1128 collected pursuant to s. 328.30. Such data and functionality may
1129 be used only for purposes of fulfilling the tax collector's
1130 statutory duties pursuant to this chapter, chapter 319, chapter
1131 320, or chapter 322 and may not be resold or used for any other
1132 purpose. Such data access and uniform interface functionalities
1133 shall be developed no later than July 1, 2023. For the purposes
1134 of this paragraph, the term "registration renewal transactions"
1135 means vessel registration certificates, vessel numbers, and
1136 decals.
1137 Section 41. Section 627.7415, Florida Statutes, is amended
1138 to read:
1139 627.7415 Commercial motor vehicles and qualified motor
1140 vehicles; additional liability insurance coverage.—Commercial
1141 motor vehicles, as defined in s. 207.002 or s. 320.01 and
1142 qualified motor vehicles as defined in s. 207.002, operated upon
1143 the roads and highways of this state must shall be insured with
1144 the following minimum levels of combined bodily liability
1145 insurance and property damage liability insurance in addition to
1146 any other insurance requirements:
1147 (1) Fifty thousand dollars per occurrence for a commercial
1148 motor vehicle or qualified motor vehicle with a gross vehicle
1149 weight of 26,000 pounds or more, but less than 35,000 pounds.
1150 (2) One hundred thousand dollars per occurrence for a
1151 commercial motor vehicle or qualified motor vehicle with a gross
1152 vehicle weight of 35,000 pounds or more, but less than 44,000
1153 pounds.
1154 (3) Three hundred thousand dollars per occurrence for a
1155 commercial motor vehicle or qualified motor vehicle with a gross
1156 vehicle weight of 44,000 pounds or more.
1157 (4) All commercial motor vehicles and qualified motor
1158 vehicles subject to regulations of the United States Department
1159 of Transportation, 49 C.F.R. part 387, subparts A and B, and as
1160 may be hereinafter amended, must shall be insured in an amount
1161 equivalent to the minimum levels of financial responsibility as
1162 set forth in such regulations.
1164 A violation of this section is a noncriminal traffic infraction,
1165 punishable as a nonmoving violation as provided in chapter 318.
1166 Section 42. This act shall take effect October 1, 2026.