Florida Senate - 2025 CS for SB 1290
By the Committee on Transportation; and Senator Collins
596-02605-25 20251290c1
1 A bill to be entitled
2 An act relating to the Department of Highway Safety
3 and Motor Vehicles; amending s. 207.001, F.S.;
4 revising a short title; reordering and amending s.
5 207.002, F.S.; defining terms and revising
6 definitions; amending s. 207.003, F.S.; conforming
7 provisions to changes made by the act; amending s.
8 207.004, F.S.; requiring licensure in lieu of
9 registration of motor carriers operating certain
10 qualified motor vehicles; requiring motor carriers to
11 obtain fuel use decals in lieu of identifying devices;
12 requiring that qualified motor vehicles carry a copy
13 of the license or make the license available
14 electronically; requiring that fuel tax decals be
15 conspicuously displayed on qualified motor vehicles
16 while the vehicles are operated on public highways;
17 requiring the department or its authorized agent to
18 issue licenses and fuel tax decals; requiring that
19 fuel tax decal renewal orders be submitted
20 electronically through an online system beginning on a
21 certain date; providing an exception; revising
22 required contents of temporary fuel-use permits;
23 deleting provisions for driveaway permits; amending s.
24 207.005, F.S.; revising due dates for motor fuel use
25 tax returns submitted by licensed motor carriers;
26 requiring that tax returns be submitted electronically
27 through an online system beginning on a certain date;
28 providing an exception; amending s. 207.007, F.S.;
29 revising the method of calculating interest due for
30 certain delinquent taxes; prohibiting a person from
31 knowingly making, or assisting any other person in
32 making, a false statement in connection with an audit;
33 prohibiting a person from counterfeiting, altering,
34 manufacturing, or selling fuel tax licenses, fuel tax
35 decals, or temporary fuel-use permits except under
36 certain circumstances; providing penalties; amending
37 s. 207.008, F.S.; conforming provisions to changes
38 made by the act; amending s. 207.011, F.S.;
39 authorizing the department to inspect the records of
40 motor carriers, motor fuel retail dealers, and
41 wholesale distributors which are necessary to verify
42 tax returns; amending ss. 207.013 and 207.014, F.S.;
43 conforming provisions to changes made by the act;
44 amending s. 207.019, F.S.; requiring motor carriers to
45 destroy fuel tax decals and notify the department upon
46 the discontinuance, sale, or transfer of the business;
47 amending ss. 207.023, 207.0281, and 212.08, F.S.;
48 conforming provisions to changes made by the act;
49 amending s. 316.065, F.S.; revising the apparent
50 amount of property damage that requires the driver of
51 a vehicle involved in a crash to notify law
52 enforcement of the crash; amending s. 318.15, F.S.;
53 conforming provisions to changes made by the act;
54 amending s. 320.02, F.S.; requiring vehicle
55 registration applicants to provide a Florida address;
56 providing an exception; requiring an applicant to
57 provide satisfactory proof of address and certain
58 documentation; defining the term “REAL ID driver’s
59 license or identification card”; amending s. 320.605,
60 F.S.; revising legislative intent; amending s. 320.63,
61 F.S.; revising information that an applicant or
62 licensee must annually report to the department;
63 defining the term “economically disadvantaged area”;
64 amending s. 320.95, F.S.; revising the purpose for
65 which the department may use e-mail; amending s.
66 322.01, F.S.; revising the definition of the term
67 “tank vehicle”; amending s. 322.08, F.S.; revising the
68 purpose for which the department may use e-mail;
69 amending ss. 322.18, 322.21, and 322.251, F.S.;
70 authorizing the department to provide certain orders
71 and notices by e-mail notification; amending s.
72 322.2616, F.S.; conforming provisions to changes made
73 by the act; amending s. 322.292, F.S.; revising
74 criteria the department must apply in considering an
75 application for approval of a DUI program; amending
76 ss. 322.64, 324.091, and 324.171, F.S.; conforming
77 provisions to changes made by the act; amending s.
78 328.30, F.S.; revising the purpose for which the
79 department may use e-mail; amending s. 627.7415, F.S.;
80 conforming a provision to changes made by the act;
81 amending ss. 316.545 and 319.35, F.S.; conforming
82 cross-references; providing an effective date.
83
84 Be It Enacted by the Legislature of the State of Florida:
85
86 Section 1. Section 207.001, Florida Statutes, is amended to
87 read:
88 207.001 Short title.—This chapter shall be known as the
89 “Florida Diesel Fuel and Motor Fuel Use Tax Act of 1981,” and
90 the taxes levied under this chapter shall be in addition to all
91 other taxes imposed by law.
92 Section 2. Section 207.002, Florida Statutes, is reordered
93 and amended to read:
94 207.002 Definitions.—As used in this chapter, the term:
95 (11)(1) “Qualified Commercial motor vehicle” means any
96 vehicle not owned or operated by a governmental entity which
97 uses diesel fuel or motor fuel on the public highways; and which
98 has two axles and a gross vehicle weight or registered gross
99 vehicle weight in excess of 26,000 pounds, or has three or more
100 axles regardless of weight, or is used in combination when the
101 weight of such combination exceeds 26,000 pounds gross vehicle
102 weight or registered gross vehicle weight. The term excludes any
103 recreational vehicle or vehicle owned or operated by a community
104 transportation coordinator as defined in s. 427.011 or by a
105 private operator that provides public transit services under
106 contract with such a provider.
107 (1)(2) “Department” means the Department of Highway Safety
108 and Motor Vehicles.
109 (2) “International Fuel Tax Agreement” means a reciprocal
110 agreement among states of the United States, provinces of
111 Canada, and other such member jurisdictions to provide for the
112 administration, collection, and enforcement of taxes on the
113 basis of fuel consumed, distance accrued, or both, in member
114 jurisdictions.
115 (3) “Diesel fuel” means any liquid product or gas product
116 or combination thereof, including, but not limited to, all forms
117 of fuel known or sold as diesel fuel, kerosene, butane gas, or
118 propane gas and all other forms of liquefied petroleum gases,
119 except those defined as “motor fuel,” used to propel a motor
120 vehicle.
121 (4) “International Registration Plan” means a registration
122 reciprocity agreement among states of the United States and
123 provinces of Canada providing for payment of license fees or
124 license taxes on the basis of fleet miles operated in various
125 jurisdictions.
126 (3)(5) “Interstate” means vehicle movement between or
127 through two or more member jurisdictions states.
128 (4)(6) “Intrastate” means vehicle movement from one point
129 within a member jurisdiction state to another point within the
130 same member jurisdiction state.
131 (5) “Member jurisdiction” means a state of the United
132 States, province of Canada, or other such jurisdiction that is a
133 member of the International Fuel Tax Agreement.
134 (6)(7) “Motor carrier” means any person owning,
135 controlling, operating, or managing any motor vehicle used to
136 transport persons or property over any public highway.
137 (7)(8) “Motor fuel” means any fuel placed in the fuel
138 supply storage unit of a qualified motor vehicle, including an
139 alternative fuel, such as pure methanol, ethanol, or other
140 alcohol; a blend of 85 percent or more alcohol with gasoline;
141 natural gas and liquified fuel produced from natural gas;
142 propane; coal-derived liquified fuel; hydrogen; electricity;
143 pure biodiesel (B100) fuel, other than alcohol, derived from
144 biological materials; P-series fuel; or any other type of fuel
145 or energy used to propel a qualified motor vehicle what is
146 commonly known and sold as gasoline and fuels containing a
147 mixture of gasoline and other products.
148 (8)(9) “Operate,” “operated,” “operation,” or “operating”
149 means and includes the utilization in any form of any qualified
150 commercial motor vehicle, whether loaded or empty, whether
151 utilized for compensation or not for compensation, and whether
152 owned by or leased to the motor carrier who uses it or causes it
153 to be used.
154 (9)(10) “Person” means and includes natural persons,
155 corporations, copartnerships, firms, companies, agencies, or
156 associations, singular or plural.
157 (10)(11) “Public highway” means any public street, road, or
158 highway in this state.
159 (12) “Registrant” means a person in whose name or names a
160 vehicle is properly registered.
161 (12)(13) “Use,” “uses,” or “used” means the consumption of
162 diesel fuel or motor fuel in a qualified commercial motor
163 vehicle for the propulsion thereof.
164 Section 3. Section 207.003, Florida Statutes, is amended to
165 read:
166 207.003 Privilege tax levied.—A tax for the privilege of
167 operating any qualified commercial motor vehicle upon the public
168 highways of this state shall be levied upon every motor carrier
169 at a rate which includes the minimum rates provided in parts I,
170 II, and IV of chapter 206 on each gallon of diesel fuel or motor
171 fuel used for the propulsion of a qualified commercial motor
172 vehicle by such motor carrier within this the state.
173 Section 4. Section 207.004, Florida Statutes, is amended to
174 read:
175 207.004 Licensing Registration of motor carriers; fuel tax
176 decals identifying devices; fees; renewals; temporary fuel-use
177 permits and driveaway permits.—
178 (1)(a) A No motor carrier may not shall operate or cause to
179 be operated in this state any qualified commercial motor
180 vehicle, other than a Florida-based qualified commercial motor
181 vehicle that travels Florida intrastate mileage only, which that
182 uses diesel fuel or motor fuel until such carrier is licensed
183 under the International Fuel Tax Agreement and issued fuel tax
184 decals has registered with the department or has registered
185 under a cooperative reciprocal agreement as described in s.
186 207.0281, after such time as this state enters into such
187 agreement, and has been issued an identifying device or such
188 carrier is has been issued a temporary fuel-use permit as
189 authorized under subsection (5) subsections (4) and (5) for each
190 vehicle operated. The fee for each set of fuel tax decals is
191 There shall be a fee of $4 per year or any fraction thereof. A
192 copy of the license must be carried in each vehicle or made
193 available electronically. The fuel tax decals for each such
194 identifying device issued. The identifying device shall be
195 provided by the department and must be conspicuously displayed
196 on the qualified commercial motor vehicle as prescribed by the
197 instructions on the reverse side of the decal department while
198 the vehicle it is being operated on the public highways of this
199 state. The transfer of fuel tax decals an identifying device
200 from one vehicle to another vehicle or from one motor carrier to
201 another motor carrier is prohibited. The department or its
202 authorized agent shall issue the licenses and fuel tax decals.
203 (b) The motor carrier to whom fuel tax decals have been
204 issued is an identifying device has been issued shall be solely
205 responsible for the proper use of the fuel tax decals
206 identifying device by its employees, consignees, or lessees.
207 (2) Fuel tax decals Identifying devices shall be issued
208 each year for the period January 1 through December 31, or any
209 portion thereof, if tax returns and tax payments, when
210 applicable, have been submitted to the department for all prior
211 reporting periods. Fuel tax decals Identifying devices may be
212 displayed for the next succeeding indicia period beginning
213 December 1 of each year. Beginning October 1, 2025, except as
214 otherwise authorized by the department, all fuel tax decal
215 renewal orders must be electronically submitted through an
216 online system prescribed by the department.
217 (3) If a motor carrier licensed in this state no longer
218 operates or causes to be operated in this state a qualified
219 commercial motor vehicle, the fuel tax decals must identifying
220 device shall be destroyed and the motor carrier to whom the fuel
221 tax decals were device was issued must shall notify the
222 department immediately by letter of such removal and of the
223 number of fuel tax decals the identifying device that has been
224 destroyed.
225 (4) A motor carrier must, before operating a qualified
226 commercial motor vehicle on the public highways of this state,
227 must display fuel tax decals an identifying device as required
228 under subsections (1) and (2) or must obtain a temporary fuel
229 use permit for that vehicle as provided in subsection (5). A
230 temporary fuel-use permit shall expire within 10 days after date
231 of issuance. The cost of a temporary fuel-use permit is $45, and
232 the permit exempts the vehicle from the payment of the motor
233 fuel or diesel fuel tax imposed under this chapter during the
234 term for which the permit is valid. However, the vehicle is not
235 exempt from paying the fuel tax at the pump.
236 (5)(a) A registered motor carrier holding a valid
237 certificate of registration may, upon payment of the $45 fee per
238 permit, secure from the department, or any wire service
239 authorized by the department, a temporary fuel-use permit.
240 (b) The fee for a temporary fuel-use permit is $45. A
241 temporary fuel-use permit expires 10 days after the date of
242 issuance and exempts the vehicle from payment of the motor fuel
243 tax imposed under this chapter during the period for which the
244 permit is valid. However, this paragraph does not exempt the
245 vehicle from payment at the pump of the fuel tax imposed under
246 chapter 206.
247 (c) A blank temporary fuel-use permit must, before its use,
248 must be executed by the motor carrier, in ink or type, so as to
249 identify the carrier, the vehicle to which the permit is
250 assigned, and the permit’s effective date and expiration date
251 that the vehicle is placed in and removed from service. The
252 temporary fuel-use permit shall also show a complete
253 identification of the vehicle on which the permit is to be used,
254 together with the name and address of the owner or lessee of the
255 vehicle. The endorsed temporary fuel-use permit must shall then
256 be carried on the vehicle that it identifies and must shall be
257 exhibited on demand to any authorized personnel. Temporary fuel
258 use permits may be transmitted to the motor carrier by
259 electronic means and shall be completed as outlined by
260 department personnel prior to transmittal.
261 (d) The motor carrier to whom a temporary fuel-use permit
262 is issued is shall be solely responsible for the proper use of
263 the permit by its employees, consignees, or lessees. Any
264 erasure, alteration, or unauthorized use of a temporary fuel-use
265 permit renders shall render it invalid and of no effect. A motor
266 carrier to whom a temporary fuel-use permit is issued may not
267 knowingly allow the permit to be used by any other person or
268 organization.
269 (b) An unregistered motor carrier may, upon payment of the
270 $45 fee, secure from any wire service authorized by the
271 department, by electronic means, a temporary fuel-use permit
272 that shall be valid for a period of 10 days. Such permit must
273 show the name and address of the unregistered motor carrier to
274 whom it is issued, the date the vehicle is placed in and removed
275 from service, a complete identification of the vehicle on which
276 the permit is to be used, and the name and address of the owner
277 or lessee of the vehicle. The temporary fuel-use permit shall
278 then be carried on the vehicle that it identifies and shall be
279 exhibited on demand to any authorized personnel. The
280 unregistered motor carrier to whom a temporary fuel-use permit
281 is issued shall be solely responsible for the proper use of the
282 permit by its employees, consignees, or lessees. Any erasure,
283 alteration, or unauthorized use of a temporary fuel-use permit
284 shall render it invalid and of no effect. The unregistered motor
285 carrier to whom a temporary fuel-use permit is issued may not
286 knowingly allow the permit to be used by any other person or
287 organization.
288 (c) A registered motor carrier engaged in driveaway
289 transportation, in which the cargo is the vehicle itself and is
290 in transit to stock inventory and the ownership of the vehicle
291 is not vested in the motor carrier, may, upon payment of the $4
292 fee, secure from the department a driveaway permit. The
293 driveaway permits shall be issued for the period January 1
294 through December 31. An original permit must be in the
295 possession of the operator of each vehicle and shall be
296 exhibited on demand to any authorized personnel. Vehicle mileage
297 reports must be submitted by the motor carrier, and the road
298 privilege tax must be paid on all miles operated within this
299 state during the reporting period. All other provisions of this
300 chapter shall apply to the holder of a driveaway permit.
301 Section 5. Section 207.005, Florida Statutes, is amended to
302 read:
303 207.005 Returns and payment of tax; delinquencies;
304 calculation of fuel used during operations in the state; credit;
305 bond.—
306 (1) The taxes levied under this chapter are shall be due
307 and payable on the first day of the month following the last
308 month of the reporting period. The department may adopt
309 promulgate rules for requiring and establishing procedures for
310 annual, semiannual, or quarterly filing. The reporting period is
311 shall be the 12 months beginning January 1 July 1 and ending
312 December 31 June 30. It shall be the duty of Each motor carrier
313 licensed registered or required to be registered under the
314 provisions of this chapter must to submit a return by the
315 following due dates, except that each due date is extended until
316 the last day of the month of the due date, and, if the last day
317 of the month falls on a Saturday, Sunday, or legal holiday, the
318 due date is further extended until the next day that is not a
319 Saturday, Sunday, or legal holiday within 30 days after the due
320 date. The due date shall be as follows:
321 (a) If annual filing, the due date is January 31. shall be
322 July 1;
323 (b) If semiannual filing, the due dates are shall be
324 January 31 1 and July 31.1; or
325 (c) If quarterly filing, the due dates are shall be January
326 31 1, April 30 1, July 31 1, and October 31 1.
327 (2) The amount of fuel used in the propulsion of any
328 qualified commercial motor vehicle within this state may be
329 calculated, if the motor carrier maintains adequate records, by
330 applying total interstate vehicular consumption of all diesel
331 fuel and motor fuel used as related to total miles traveled and
332 applying such rate to total miles traveled within this state. In
333 the absence of adequate documentation by the motor carrier, the
334 department may adopt is authorized to promulgate rules
335 converting miles driven to gallons used.
336 (3) For the purpose of computing the carrier’s liability
337 for the fuel road privilege tax, the total gallons of fuel used
338 in the propulsion of any qualified commercial motor vehicle in
339 this state shall be multiplied by the rates provided in parts I,
340 II, and IV of chapter 206. From the sum determined by this
341 calculation, there shall be allowed a credit equal to the amount
342 of the tax per gallon under parts I, II, and IV of chapter 206
343 for each gallon of fuel purchased in this state during the
344 reporting period when the diesel fuel or motor fuel tax was paid
345 at the time of purchase. If the tax paid under parts I, II, and
346 IV of chapter 206 exceeds the total tax due under this chapter,
347 the excess may be allowed as a credit against future tax
348 payments, until the credit is fully offset or until eight
349 calendar quarters shall have passed since the end of the
350 calendar quarter in which the credit accrued, whichever occurs
351 first. A refund may be made for this credit provided it exceeds
352 $10.
353 (4) The department may adopt is authorized to promulgate
354 the necessary rules to provide for an adequate bond from each
355 motor carrier to ensure payment of taxes required under this
356 chapter.
357 (5) Beginning October 1, 2025, except as otherwise
358 authorized by the department, all returns must be submitted
359 electronically through an online system prescribed by the
360 department.
361 Section 6. Section 207.007, Florida Statutes, is amended to
362 read:
363 207.007 Offenses; penalties and interest.—
364 (1) If any motor carrier licensed registered under this
365 chapter fails to file a return or and pay any tax liability
366 under this chapter within the time required hereunder, the
367 department may impose a delinquency penalty of $50 or 10 percent
368 of the delinquent taxes due, whichever is greater, if the
369 failure is for not more than 30 days, with an additional 10
370 percent penalty for each additional 30 days, or fraction
371 thereof, during the time which the failure continues, not to
372 exceed a total penalty of 100 percent in the aggregate. However,
373 the penalty may not be less than $50.
374 (2) In addition to any other penalties, any delinquent tax
375 shall bear interest in accordance with the International Fuel
376 Tax Agreement at the rate of 1 percent per month, or fraction
377 thereof, calculated from the date the tax was due. If the
378 department enters into a cooperative reciprocal agreement under
379 the provisions of s. 207.0281, the department shall collect and
380 distribute all interest due to other jurisdictions at the same
381 rate as if such interest were due to the state.
382 (3) Any person who:
383 (a) Willfully refuses or neglects to make any statement,
384 report, or return required by the provisions of this chapter;
385 (b) Knowingly makes, or assists any other person in making,
386 a false statement in a return or report, or in connection with
387 an application for licensure registration under this chapter, or
388 in connection with an audit; or
389 (c) Counterfeits, alters, manufactures, or sells fuel tax
390 licenses, fuel tax decals, or temporary fuel-use permits without
391 first having obtained the department’s permission in writing; or
392 (d) Violates any of the provisions of this chapter, a
393 penalty for which is not otherwise provided,
394
395 commits is guilty of a felony of the third degree, punishable as
396 provided in s. 775.082, s. 775.083, or s. 775.084. In addition,
397 the department may revoke or suspend the licensure and
398 registration privileges under ss. 207.004 and 320.02 of the
399 violator. Each day or part thereof during which a person
400 operates or causes to be operated a qualified commercial motor
401 vehicle without being the holder of fuel tax decals an
402 identifying device or having a valid temporary fuel-use or
403 driveaway permit as required by this chapter constitutes a
404 separate offense within the meaning of this section. In addition
405 to the penalty imposed by this section, the defendant is shall
406 be required to pay all taxes, interest, and penalties due to the
407 state.
408 Section 7. Section 207.008, Florida Statutes, is amended to
409 read:
410 207.008 Retention of records by motor carrier.—Each
411 licensed registered motor carrier shall maintain and keep
412 pertinent records and papers as may be required by the
413 department for the reasonable administration of this chapter and
414 shall preserve the records upon which each quarterly tax return
415 is based for 4 years following the due date or filing date of
416 the return, whichever is later.
417 Section 8. Subsection (3) of section 207.011, Florida
418 Statutes, is amended to read:
419 207.011 Inspection of records; hearings; forms; rules.—
420 (3) The department, or any authorized agent thereof, is
421 authorized to examine the records, books, papers, and equipment
422 of any motor carrier, any retail dealer of motor diesel fuels,
423 and any wholesale distributor of diesel fuels or motor fuels
424 which that are deemed necessary to verify the truth and accuracy
425 of any statement, or report, or return and ascertain whether the
426 tax imposed by this chapter has been paid.
427 Section 9. Section 207.013, Florida Statutes, is amended to
428 read:
429 207.013 Suits for collection of unpaid taxes, penalties,
430 and interest.—Upon demand of the department, the Department of
431 Legal Affairs or the state attorney for a judicial circuit shall
432 bring appropriate actions, in the name of the state or in the
433 name of the Department of Highway Safety and Motor Vehicles in
434 the capacity of its office, for the recovery of taxes,
435 penalties, and interest due under this chapter; and judgment
436 shall be rendered for the amount so found to be due together
437 with costs. However, if it is shall be found as a fact that such
438 claim for, or grant of, an exemption or credit was willful on
439 the part of any motor carrier, retail dealer, or distributor of
440 diesel fuel or motor fuel, judgment must shall be rendered for
441 double the amount of the tax found to be due with costs. The
442 department may employ an attorney at law to institute and
443 prosecute proper proceedings to enforce payment of the taxes,
444 penalties, and interest provided for by this chapter and may fix
445 the compensation for the services of such attorney at law.
446 Section 10. Subsection (3) of section 207.014, Florida
447 Statutes, is amended to read:
448 207.014 Departmental warrant for collection of unpaid
449 taxes.—
450 (3) In the event there is a contest or claim of any kind
451 with reference to the property levied upon or the amount of
452 taxes, costs, or penalties due, such contest or claim must shall
453 be tried in the circuit court in and for the county in which the
454 warrant was executed, as nearly as may be in the same manner and
455 means as such contest or claim would have been tried in such
456 court had the warrant originally issued upon a judgment rendered
457 by such court. The warrant issued as provided in this section
458 constitutes shall constitute prima facie evidence of the amount
459 of taxes, interest, and penalties due to the state by the motor
460 carrier; and the burden of proof is shall be upon the motor
461 carrier, retail dealer, or distributor of diesel fuel or motor
462 fuel to show that the amounts or penalties were incorrect.
463 Section 11. Subsection (1) of section 207.019, Florida
464 Statutes, is amended to read:
465 207.019 Discontinuance or transfer of business; change of
466 address.—
467 (1) Whenever a person ceases to engage in business as a
468 motor carrier within this the state by reason of the
469 discontinuance, sale, or transfer of the business of such
470 person, he or she shall notify the department in writing at
471 least 10 days before prior to the time the discontinuance, sale,
472 or transfer takes effect. Such notice must shall give the date
473 of discontinuance and, in the event of a sale or transfer of the
474 business, the date thereof and the name and address of the
475 purchaser or transferee. All diesel fuel or motor fuel use taxes
476 shall become due and payable concurrently with such
477 discontinuance, sale, or transfer; and any such person shall,
478 concurrently with such discontinuance, sale, or transfer, make a
479 report and, pay all such taxes, interest, and penalties. The
480 person shall immediately destroy the fuel tax decals and notify
481 the department by letter of such destruction and of the number
482 of the fuel tax decals that have been destroyed, and surrender
483 to the department the registration issued to such person.
484 Section 12. Subsections (1) and (3) of section 207.023,
485 Florida Statutes, are amended to read:
486 207.023 Authority to inspect vehicles, make arrests, seize
487 property, and execute warrants.—
488 (1) As a part of their responsibility when inspecting
489 qualified motor commercial vehicles, the Department of Highway
490 Safety and Motor Vehicles, the Department of Agriculture and
491 Consumer Services, and the Department of Transportation shall
492 ensure that all vehicles are properly qualified under the
493 provisions of this chapter.
494 (3) Qualified Commercial motor vehicles owned or operated
495 by any motor carrier who refuses to comply with this chapter may
496 be seized by authorized agents or employees of the Department of
497 Highway Safety and Motor Vehicles, the Department of Agriculture
498 and Consumer Services, or the Department of Transportation; or
499 authorized agents and employees of any of these departments also
500 may seize property as set out in ss. 206.205, 206.21, and
501 206.215. Upon such seizure, the property must shall be
502 surrendered without delay to the sheriff of the county where the
503 property was seized for further proceedings.
504 Section 13. Subsections (1) and (6) of section 207.0281,
505 Florida Statutes, are amended to read:
506 207.0281 Registration; cooperative reciprocal agreements
507 between states.—
508 (1) The Department of Highway Safety and Motor Vehicles may
509 enter into a cooperative reciprocal agreement, including, but
510 not limited to, the International Fuel Tax fuel-tax Agreement,
511 with another state or group of states for the administration of
512 the tax imposed by this chapter. An agreement arrangement,
513 declaration, or amendment is not effective until stated in
514 writing and filed with the Department of Highway Safety and
515 Motor Vehicles.
516 (6) This section and the contents of any reciprocal
517 agreement entered into under this section supersede all other
518 fuel-tax requirements of this chapter for qualified commercial
519 motor vehicles.
520 Section 14. Paragraph (aa) of subsection (7) of section
521 212.08, Florida Statutes, is amended to read:
522 212.08 Sales, rental, use, consumption, distribution, and
523 storage tax; specified exemptions.—The sale at retail, the
524 rental, the use, the consumption, the distribution, and the
525 storage to be used or consumed in this state of the following
526 are hereby specifically exempt from the tax imposed by this
527 chapter.
528 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
529 entity by this chapter do not inure to any transaction that is
530 otherwise taxable under this chapter when payment is made by a
531 representative or employee of the entity by any means,
532 including, but not limited to, cash, check, or credit card, even
533 when that representative or employee is subsequently reimbursed
534 by the entity. In addition, exemptions provided to any entity by
535 this subsection do not inure to any transaction that is
536 otherwise taxable under this chapter unless the entity has
537 obtained a sales tax exemption certificate from the department
538 or the entity obtains or provides other documentation as
539 required by the department. Eligible purchases or leases made
540 with such a certificate must be in strict compliance with this
541 subsection and departmental rules, and any person who makes an
542 exempt purchase with a certificate that is not in strict
543 compliance with this subsection and the rules is liable for and
544 shall pay the tax. The department may adopt rules to administer
545 this subsection.
546 (aa) Certain commercial vehicles.—Also exempt is the sale,
547 lease, or rental of a qualified commercial motor vehicle as
548 defined in s. 207.002, when the following conditions are met:
549 1. The sale, lease, or rental occurs between two commonly
550 owned and controlled corporations;
551 2. Such vehicle was titled and registered in this state at
552 the time of the sale, lease, or rental; and
553 3. Florida sales tax was paid on the acquisition of such
554 vehicle by the seller, lessor, or renter.
555 Section 15. Subsection (1) of section 316.065, Florida
556 Statutes, is amended to read:
557 316.065 Crashes; reports; penalties.—
558 (1) The driver of a vehicle involved in a crash resulting
559 in injury to or death of any persons or damage to any vehicle or
560 other property in an apparent amount of at least $2,000 $500
561 shall immediately by the quickest means of communication give
562 notice of the crash to the local police department, if such
563 crash occurs within a municipality; otherwise, to the office of
564 the county sheriff or the nearest office or station of the
565 Florida Highway Patrol. A violation of this subsection is a
566 noncriminal traffic infraction, punishable as a nonmoving
567 violation as provided in chapter 318.
568 Section 16. Paragraph (a) of subsection (1) of section
569 318.15, Florida Statutes, is amended to read:
570 318.15 Failure to comply with civil penalty or to appear;
571 penalty.—
572 (1)(a) If a person fails to comply with the civil penalties
573 provided in s. 318.18 within the time period specified in s.
574 318.14(4), fails to enter into or comply with the terms of a
575 penalty payment plan with the clerk of the court in accordance
576 with ss. 318.14 and 28.246, fails to attend driver improvement
577 school, or fails to appear at a scheduled hearing, the clerk of
578 the court must notify the Department of Highway Safety and Motor
579 Vehicles of such failure within 10 days after such failure. Upon
580 receipt of such notice, the department must immediately issue an
581 order suspending the driver license and privilege to drive of
582 such person effective 20 days after the date the order of
583 suspension is provided mailed in accordance with s. 322.251(1),
584 (2), and (6). The order also must inform the person that he or
585 she may contact the clerk of the court to establish a payment
586 plan pursuant to s. 28.246(4) to make partial payments for
587 court-related fines, fees, service charges, and court costs. Any
588 such suspension of the driving privilege which has not been
589 reinstated, including a similar suspension imposed outside of
590 this state, must remain on the records of the department for a
591 period of 7 years from the date imposed and must be removed from
592 the records after the expiration of 7 years from the date it is
593 imposed. The department may not accept the resubmission of such
594 suspension.
595 Section 17. Subsection (2) of section 320.02, Florida
596 Statutes, is amended to read:
597 320.02 Registration required; application for registration;
598 forms.—
599 (2)(a) The application for registration must include the
600 street address of the owner’s permanent Florida residence or the
601 address of his or her permanent place of business in this state
602 and be accompanied by personal or business identification
603 information. If the vehicle is registered to an active duty
604 member of the United States Armed Forces who is a Florida
605 resident, the active duty member is not required to provide the
606 street address of a permanent Florida residence.
607 (b) An individual applicant must provide proof of address
608 satisfactory to the department and:
609 1. A valid REAL ID driver’s driver license or
610 identification card issued by this state or another state; or
611 2. A valid, unexpired United States passport; or
612 3. A valid, unexpired passport issued by another country
613 and an unexpired Form I-94 issued by the United States Bureau of
614 Customs and Border Protection.
615
616 For purposes of this paragraph, the term “REAL ID driver’s
617 license or identification card” has the same meaning as provided
618 in 6 C.F.R. s. 37.3.
619 (c) A business applicant must provide a federal employer
620 identification number, if applicable, or verification that the
621 business is authorized to conduct business in this the state, or
622 a Florida municipal or county business license or number.
623 1. If the owner does not have a permanent residence or
624 permanent place of business or if the owner’s permanent
625 residence or permanent place of business cannot be identified by
626 a street address, the application must include:
627 a. If the vehicle is registered to a business, the name and
628 street address of the permanent residence of an owner of the
629 business, an officer of the corporation, or an employee who is
630 in a supervisory position.
631 b. If the vehicle is registered to an individual, the name
632 and street address of the permanent residence of a close
633 relative or friend who is a resident of this state.
634 2. If the vehicle is registered to an active duty member of
635 the Armed Forces of the United States who is a Florida resident,
636 the active duty member is exempt from the requirement to provide
637 the street address of a permanent residence.
638 (d)(b) The department shall prescribe a form upon which
639 motor vehicle owners may record odometer readings when
640 registering their motor vehicles.
641 Section 18. Section 320.605, Florida Statutes, is amended
642 to read:
643 320.605 Legislative intent.—It is the intent of the
644 Legislature to protect the public health, safety, and welfare of
645 the citizens of the state by regulating the licensing of motor
646 vehicle dealers and manufacturers, maintaining competition,
647 providing consumer protection and fair trade, and providing
648 those residing in economically disadvantaged areas minorities
649 with opportunities for full participation as motor vehicle
650 dealers. Sections 320.61-320.70 are intended to apply solely to
651 the licensing of manufacturers, factory branches, distributors,
652 and importers and do not apply to non-motor-vehicle-related
653 businesses.
654 Section 19. Subsection (3) of section 320.63, Florida
655 Statutes, is amended to read:
656 320.63 Application for license; contents.—Any person
657 desiring to be licensed pursuant to ss. 320.60-320.70 shall make
658 application therefor to the department upon a form containing
659 such information as the department requires. The department
660 shall require, with such application or otherwise and from time
661 to time, all of the following, which information may be
662 considered by the department in determining the fitness of the
663 applicant or licensee to engage in the business for which the
664 applicant or licensee desires to be licensed:
665 (3)(a) From each manufacturer, distributor, or importer
666 which utilizes an identical blanket basic agreement for its
667 dealers or distributors in this state, which agreement comprises
668 all or any part of the applicant’s or licensee’s agreements with
669 motor vehicle dealers in this state, a copy of the written
670 agreement and all supplements thereto, together with a list of
671 the applicant’s or licensee’s authorized dealers or distributors
672 and their addresses. The applicant or licensee shall further
673 notify the department immediately of the appointment of any
674 additional dealer or distributor. The applicant or licensee
675 shall annually report to the department on its efforts to add
676 new minority dealer points in economically disadvantaged areas,
677 including difficulties encountered under ss. 320.61-320.70. For
678 purposes of this section “minority” shall have the same meaning
679 as that given it in the definition of “minority person” in s.
680 288.703. Not later than 60 days before the date a revision or
681 modification to a franchise agreement is offered uniformly to a
682 licensee’s motor vehicle dealers in this state, the licensee
683 shall notify the department of such revision, modification, or
684 addition to the franchise agreement on file with the department.
685 In no event may a franchise agreement, or any addendum or
686 supplement thereto, be offered to a motor vehicle dealer in this
687 state until the applicant or licensee files an affidavit with
688 the department acknowledging that the terms or provisions of the
689 agreement, or any related document, are not inconsistent with,
690 prohibited by, or contrary to the provisions contained in ss.
691 320.60-320.70. Any franchise agreement offered to a motor
692 vehicle dealer in this state must shall provide that all terms
693 and conditions in such agreement inconsistent with the law and
694 rules of this state are of no force and effect.
695 (b) For purposes of this subsection, the term “economically
696 disadvantaged area” means a defined geographic area within this
697 state in which at least one of the following conditions exists:
698 1. The per capita income for residents within the area is
699 less than 80 percent of the per capita income in this state.
700 2. The unemployment rate within the area was more than 1
701 percent over the unemployment rate for this state over the
702 previous 24 months.
703 Section 20. Subsection (2) of section 320.95, Florida
704 Statutes, is amended to read:
705 320.95 Transactions by electronic or telephonic means.—
706 (2) The department may collect e-mail electronic mail
707 addresses and use e-mail electronic mail in lieu of the United
708 States Postal Service as a method of notification for the
709 purpose of providing renewal notices.
710 Section 21. Subsection (44) of section 322.01, Florida
711 Statutes, is amended to read:
712 322.01 Definitions.—As used in this chapter:
713 (44) “Tank vehicle” means a vehicle that is designed to
714 transport any liquid or gaseous material within one or more
715 tanks that have an individual rated capacity that exceeds 119
716 gallons and an aggregate rated capacity of 1,000 gallons or more
717 and that are a tank either permanently or temporarily attached
718 to the vehicle or chassis. A commercial motor vehicle
719 transporting an empty storage container tank that is not
720 designed for transportation, but that is temporarily attached to
721 a flatbed trailer, is not a tank vehicle, if such tank has a
722 designed capacity of 1,000 gallons or more.
723 Section 22. Subsection (10) of section 322.08, Florida
724 Statutes, is amended to read:
725 322.08 Application for license; requirements for license
726 and identification card forms.—
727 (10) The department may collect e-mail electronic mail
728 addresses and use e-mail electronic mail in lieu of the United
729 States Postal Service as a method of notification for the
730 purpose of providing renewal notices.
731 Section 23. Paragraph (a) of subsection (8) of section
732 322.18, Florida Statutes, is amended to read:
733 322.18 Original applications, licenses, and renewals;
734 expiration of licenses; delinquent licenses.—
735 (8) The department shall issue 8-year renewals using a
736 convenience service without reexamination to drivers who have
737 not attained 80 years of age. The department shall issue 6-year
738 renewals using a convenience service when the applicant has
739 satisfied the requirements of subsection (5).
740 (a) If the department determines from its records that the
741 holder of a license about to expire is eligible for renewal, the
742 department must shall mail a renewal notice to the licensee at
743 his or her last known address or provide a renewal notice to the
744 licensee by e-mail notification, not less than 30 days before
745 prior to the licensee’s birthday. The renewal notice must shall
746 direct the licensee to appear at a driver license office for in
747 person renewal or to transmit the completed renewal notice and
748 the fees required by s. 322.21 to the department using a
749 convenience service.
750 Section 24. Subsection (4) of section 322.21, Florida
751 Statutes, is amended to read:
752 322.21 License fees; procedure for handling and collecting
753 fees.—
754 (4) If the department determines from its records or is
755 otherwise satisfied that the holder of a license about to expire
756 is entitled to have it renewed, the department must shall mail a
757 renewal notice to the licensee at his or her last known address
758 or provide a renewal notice to the licensee by e-mail
759 notification, within 30 days before the licensee’s birthday. The
760 licensee must shall be issued a renewal license, after
761 reexamination, if required, during the 30 days immediately
762 preceding his or her birthday upon presenting a renewal notice,
763 his or her current license, and the fee for renewal to the
764 department at any driver license examining office.
765 Section 25. Subsections (1), (2), (3), and (6) of section
766 322.251, Florida Statutes, are amended to read:
767 322.251 Notice of cancellation, suspension, revocation, or
768 disqualification of license.—
769 (1) All orders of cancellation, suspension, revocation, or
770 disqualification issued under the provisions of this chapter,
771 chapter 318, chapter 324, or ss. 627.732-627.734 must shall be
772 given either by personal delivery thereof to the licensee whose
773 license is being canceled, suspended, revoked, or disqualified;
774 or by deposit in the United States mail in an envelope, first
775 class, postage prepaid, addressed to the licensee at his or her
776 last known mailing address furnished to the department; or by e
777 mail notification authorized by the licensee. Such methods of
778 notification mailing by the department constitute notice
779 constitutes notification, and any failure by the person to
780 receive the mailed order does will not affect or stay the
781 effective date or term of the cancellation, suspension,
782 revocation, or disqualification of the licensee’s driving
783 privilege.
784 (2) The giving of notice and an order of cancellation,
785 suspension, revocation, or disqualification by mail is complete
786 upon expiration of 20 days after e-mail notification or, if
787 mailed, 20 days after deposit in the United States mail for all
788 notices except those issued under chapter 324 or ss. 627.732
789 627.734, which are complete 15 days after e-mail notification
790 or, if mailed, 15 days after deposit in the United States mail.
791 Proof of the giving of notice and an order of cancellation,
792 suspension, revocation, or disqualification in such either
793 manner must shall be made by entry in the records of the
794 department that such notice was given. The entry is admissible
795 in the courts of this state and constitutes sufficient proof
796 that such notice was given.
797 (3) Whenever the driving privilege is suspended, revoked,
798 or disqualified under the provisions of this chapter, the period
799 of such suspension, revocation, or disqualification must shall
800 be indicated on the order of suspension, revocation, or
801 disqualification, and the department shall require the licensee
802 whose driving privilege is suspended, revoked, or disqualified
803 to surrender all licenses then held by him or her to the
804 department. However, if should the person fails fail to
805 surrender such licenses, the suspension, revocation, or
806 disqualification period does shall not expire until a period
807 identical to the period for which the driving privilege was
808 suspended, revoked, or disqualified has expired after the date
809 of surrender of the licenses, or the date an affidavit swearing
810 such licenses are lost has been filed with the department. In
811 any instance where notice of the suspension, revocation, or
812 disqualification order is given mailed as provided herein, and
813 the license is not surrendered to the department, and such
814 license thereafter expires, the department may shall not renew
815 that license until a period of time identical to the period of
816 such suspension, revocation, or disqualification imposed has
817 expired.
818 (6) Whenever a cancellation, suspension, revocation, or
819 disqualification occurs, the department shall enter the
820 cancellation, suspension, revocation, or disqualification order
821 on the licensee’s driver file 20 days after e-mail notification
822 or, if mailed, 20 days after the notice was actually placed in
823 the mail. Any inquiry into the file after the 20-day period
824 shall reveal that the license is canceled, suspended, revoked,
825 or disqualified and whether the license has been received by the
826 department.
827 Section 26. Subsection (4) of section 322.2616, Florida
828 Statutes, is amended to read:
829 322.2616 Suspension of license; persons under 21 years of
830 age; right to review.—
831 (4) If the department finds that the license of the person
832 should be suspended under this section and if the notice of
833 suspension has not already been served upon the person by a law
834 enforcement officer or correctional officer as provided in
835 subsection (2), the department must shall issue a notice of
836 suspension and, unless the notice is provided mailed under s.
837 322.251, a temporary driving permit that expires 10 days after
838 the date of issuance if the driver is otherwise eligible.
839 Section 27. Paragraph (c) of subsection (2) of section
840 322.292, Florida Statutes, is amended to read:
841 322.292 DUI programs supervision; powers and duties of the
842 department.—
843 (2) The department shall adopt rules to implement its
844 supervisory authority over DUI programs in accordance with the
845 procedures of chapter 120, including the establishment of
846 uniform standards of operation for DUI programs and the method
847 for setting and approving fees, as follows:
848 (c) Implement procedures for the granting and revoking of
849 licenses for DUI programs, including:
850 1. A uniform application fee not to exceed $1,000 but in an
851 amount sufficient to cover the department’s administrative costs
852 in processing and evaluating DUI program license applications.
853 The application fee does shall not apply to programs that apply
854 for licensure to serve a county that does not have a currently
855 licensed DUI program or where the currently licensed program has
856 relinquished its license.
857 2. In considering an application for approval of a DUI
858 program, the department shall determine whether improvements in
859 service may be derived from the operation of the DUI program and
860 the number of clients currently served in the circuit. The
861 department shall apply the following criteria:
862 a. The increased frequency of classes and availability of
863 locations of services offered by the applicant DUI program.
864 b. Services and fees offered by the applicant DUI program
865 and any existing DUI program.
866 c. The number of DUI clients currently served and
867 historical trends in the number of clients served in the
868 circuit.
869 d. The availability, accessibility, and service history of
870 any existing DUI program services.
871 e. The applicant DUI program’s service history.
872 f. The availability of resources, including personnel,
873 demonstrated management capability, and capital and operating
874 expenditures of the applicant DUI program.
875 g. Improved services to minority and special needs clients
876 and those residing in economically disadvantaged areas.
877 3. Authority for competing applicants and currently
878 licensed DUI programs serving the same geographic area to
879 request an administrative hearing under chapter 120 to contest
880 the department’s determination of need for an additional
881 licensed DUI program in that area.
882 4. A requirement that the department revoke the license of
883 any DUI program that does not provide the services specified in
884 its application within 45 days after licensure and notify the
885 chief judge of that circuit of such revocation.
886 5. A requirement that all applicants for initial licensure
887 as a DUI program in a particular circuit on and after the
888 effective date of this act must, at a minimum, satisfy each of
889 the following criteria:
890 a. Maintain a primary business office in the circuit which
891 is located in a permanent structure that is readily accessible
892 by public transportation, if public transportation is available.
893 The primary business office must be adequately staffed and
894 equipped to provide all DUI program support services, including
895 registration and a file for each person who registers for the
896 program.
897 b. Have a satellite office for registration of DUI
898 offenders in each county in the circuit which is located in a
899 permanent structure that is readily accessible by public
900 transportation, if public transportation is available. A
901 satellite office is not required in any county where the total
902 number of DUI convictions in the most recent calendar year is
903 less than 200.
904 c. Have a classroom in each county in the circuit which is
905 located in a permanent structure that is readily accessible by
906 public transportation, if public transportation is available. A
907 classroom is not required in any county where the total number
908 of DUI convictions in the most recent calendar year is less than
909 100. A classroom may not be located within 250 feet of any
910 business that sells alcoholic beverages. However, a classroom
911 may shall not be required to be relocated when a business
912 selling alcoholic beverages locates to within 250 feet of the
913 classroom.
914 d. Have a plan for conducting all DUI education courses,
915 evaluation services, and other services required by the
916 department. The level I DUI education course must be taught in
917 four segments, with no more than 6 hours of classroom
918 instruction provided to any offender each day.
919 e. Employ at least 1 full-time certified addiction
920 professional for the program at all times.
921 f. Document support from community agencies involved in DUI
922 education and substance abuse treatment in the circuit.
923 g. Have a volunteer board of directors and advisory
924 committee made up of citizens who reside in the circuit in which
925 licensure is sought.
926 h. Submit documentation of compliance with all applicable
927 federal, state, and local laws, including, but not limited to,
928 the Americans with Disabilities Act.
929 Section 28. Subsection (3) of section 322.64, Florida
930 Statutes, is amended to read:
931 322.64 Holder of commercial driver license; persons
932 operating a commercial motor vehicle; driving with unlawful
933 blood-alcohol level; refusal to submit to breath, urine, or
934 blood test.—
935 (3) If the department determines that the person arrested
936 should be disqualified from operating a commercial motor vehicle
937 pursuant to this section and if the notice of disqualification
938 has not already been served upon the person by a law enforcement
939 officer or correctional officer as provided in subsection (1),
940 the department must shall issue a notice of disqualification
941 and, unless the notice is provided mailed pursuant to s.
942 322.251, a temporary permit which expires 10 days after the date
943 of issuance if the driver is otherwise eligible.
944 Section 29. Subsection (1) of section 324.091, Florida
945 Statutes, is amended to read:
946 324.091 Notice to department; notice to insurer.—
947 (1) Each owner and operator involved in a crash or
948 conviction case within the purview of this chapter shall furnish
949 evidence of automobile liability insurance or motor vehicle
950 liability insurance within 14 days after the date of providing
951 the mailing of notice of crash by the department in the form and
952 manner as it may designate. Upon receipt of evidence that an
953 automobile liability policy or motor vehicle liability policy
954 was in effect at the time of the crash or conviction case, the
955 department shall forward to the insurer such information for
956 verification in a method as determined by the department. The
957 insurer shall respond to the department within 20 days after the
958 notice whether or not such information is valid. If the
959 department determines that an automobile liability policy or
960 motor vehicle liability policy was not in effect and did not
961 provide coverage for both the owner and the operator, it must
962 shall take action as it is authorized to do under this chapter.
963 Section 30. Paragraph (c) of subsection (1) of section
964 324.171, Florida Statutes, is amended to read:
965 324.171 Self-insurer.—
966 (1) Any person may qualify as a self-insurer by obtaining a
967 certificate of self-insurance from the department which may, in
968 its discretion and upon application of such a person, issue said
969 certificate of self-insurance when such person has satisfied the
970 requirements of this section to qualify as a self-insurer under
971 this section:
972 (c) The owner of a commercial motor vehicle, as defined in
973 s. 207.002 or s. 320.01, or a qualified motor vehicle, as
974 defined in s. 207.002, may qualify as a self-insurer subject to
975 the standards provided for in subparagraph (b)2.
976 Section 31. Subsection (3) of section 328.30, Florida
977 Statutes, is amended to read:
978 328.30 Transactions by electronic or telephonic means.—
979 (3) The department may collect e-mail electronic mail
980 addresses and use e-mail electronic mail in lieu of the United
981 States Postal Service as a method of notification for the
982 purpose of providing renewal notices.
983 Section 32. Section 627.7415, Florida Statutes, is amended
984 to read:
985 627.7415 Commercial or qualified motor vehicles; additional
986 liability insurance coverage.—Commercial motor vehicles, as
987 defined in s. 207.002 or s. 320.01, and qualified motor
988 vehicles, as defined in s. 207.002, operated upon the roads and
989 highways of this state must shall be insured with the following
990 minimum levels of combined bodily liability insurance and
991 property damage liability insurance in addition to any other
992 insurance requirements:
993 (1) Fifty thousand dollars per occurrence for a commercial
994 motor vehicle or qualified motor vehicle with a gross vehicle
995 weight of 26,000 pounds or more, but less than 35,000 pounds.
996 (2) One hundred thousand dollars per occurrence for a
997 commercial motor vehicle or qualified motor vehicle with a gross
998 vehicle weight of 35,000 pounds or more, but less than 44,000
999 pounds.
1000 (3) Three hundred thousand dollars per occurrence for a
1001 commercial motor vehicle or qualified motor vehicle with a gross
1002 vehicle weight of 44,000 pounds or more.
1003 (4) All commercial motor vehicles and qualified motor
1004 vehicles subject to regulations of the United States Department
1005 of Transportation, 49 C.F.R. part 387, subparts A and B, and as
1006 may be hereinafter amended, must shall be insured in an amount
1007 equivalent to the minimum levels of financial responsibility as
1008 set forth in such regulations.
1009
1010 A violation of this section is a noncriminal traffic infraction,
1011 punishable as a nonmoving violation as provided in chapter 318.
1012 Section 33. Paragraph (b) of subsection (4) of section
1013 316.545, Florida Statutes, is amended to read:
1014 316.545 Weight and load unlawful; special fuel and motor
1015 fuel tax enforcement; inspection; penalty; review.—
1016 (4)
1017 (b) In addition to the penalty provided for in paragraph
1018 (a), the vehicle may be detained until the owner or operator of
1019 the vehicle furnishes evidence that the vehicle has been
1020 properly registered pursuant to s. 207.004. Any officer of the
1021 Florida Highway Patrol or agent of the Department of
1022 Transportation may issue a temporary fuel use permit and collect
1023 the appropriate fee as provided for in s. 207.004(5) s.
1024 207.004(4). Notwithstanding the provisions of subsection (6),
1025 all permit fees collected pursuant to this paragraph shall be
1026 transferred to the Department of Highway Safety and Motor
1027 Vehicles to be allocated pursuant to s. 207.026.
1028 Section 34. Paragraph (b) of subsection (1) of section
1029 319.35, Florida Statutes, is amended to read:
1030 319.35 Unlawful acts in connection with motor vehicle
1031 odometer readings; penalties.—
1032 (1)
1033 (b) It is unlawful for any person to knowingly provide
1034 false information on the odometer readings required pursuant to
1035 ss. 319.23(3) and 320.02(2)(d) ss. 319.23(3) and 320.02(2)(b).
1036 Section 35. This act shall take effect July 1, 2025.