Florida Senate - 2025 CS for CS for SB 1290
By the Committees on Finance and Tax; and Transportation; and
Senator Collins
593-02916A-25 20251290c2
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. 319.23, F.S.; including certain nonprofit
55 organizations in the list of entities authorized to
56 perform a certain physical examination of a motor
57 vehicle for the purpose of an owner applying for a
58 certificate of title; amending s. 320.02, F.S.;
59 requiring vehicle registration applicants to provide a
60 Florida address; providing an exception; requiring an
61 applicant to provide satisfactory proof of address and
62 certain documentation; defining the term “REAL ID
63 driver’s license or identification card”; amending s.
64 320.084, F.S.; providing for disabled veteran motor
65 vehicle license plates in lieu of “DV” motor vehicle
66 license plates; revising construction; amending s.
67 320.605, F.S.; revising legislative intent; amending
68 s. 320.63, F.S.; revising information that an
69 applicant or licensee must annually report to the
70 department; defining the term “economically
71 disadvantaged area”; amending s. 320.95, F.S.;
72 revising the purpose for which the department may use
73 e-mail; amending s. 322.01, F.S.; revising the
74 definition of the term “tank vehicle”; amending s.
75 322.08, F.S.; revising the purpose for which the
76 department may use e-mail; amending ss. 322.18,
77 322.21, and 322.251, F.S.; authorizing the department
78 to provide certain orders and notices by e-mail
79 notification; amending s. 322.2616, F.S.; conforming
80 provisions to changes made by the act; amending s.
81 322.292, F.S.; revising criteria the department must
82 apply in considering an application for approval of a
83 DUI program; amending ss. 322.64, 324.091, and
84 324.171, F.S.; conforming provisions to changes made
85 by the act; amending s. 328.30, F.S.; revising the
86 purpose for which the department may use e-mail;
87 amending s. 627.7415, F.S.; conforming a provision to
88 changes made by the act; amending ss. 316.545 and
89 319.35, F.S.; conforming cross-references; providing
90 an effective date.
91
92 Be It Enacted by the Legislature of the State of Florida:
93
94 Section 1. Section 207.001, Florida Statutes, is amended to
95 read:
96 207.001 Short title.—This chapter shall be known as the
97 “Florida Diesel Fuel and Motor Fuel Use Tax Act of 1981,” and
98 the taxes levied under this chapter shall be in addition to all
99 other taxes imposed by law.
100 Section 2. Section 207.002, Florida Statutes, is reordered
101 and amended to read:
102 207.002 Definitions.—As used in this chapter, the term:
103 (11)(1) “Qualified Commercial motor vehicle” means any
104 vehicle not owned or operated by a governmental entity which
105 uses diesel fuel or motor fuel on the public highways; and which
106 has two axles and a gross vehicle weight or registered gross
107 vehicle weight in excess of 26,000 pounds, or has three or more
108 axles regardless of weight, or is used in combination when the
109 weight of such combination exceeds 26,000 pounds gross vehicle
110 weight or registered gross vehicle weight. The term excludes any
111 recreational vehicle or vehicle owned or operated by a community
112 transportation coordinator as defined in s. 427.011 or by a
113 private operator that provides public transit services under
114 contract with such a provider.
115 (1)(2) “Department” means the Department of Highway Safety
116 and Motor Vehicles.
117 (2) “International Fuel Tax Agreement” means a reciprocal
118 agreement among states of the United States, provinces of
119 Canada, and other such member jurisdictions to provide for the
120 administration, collection, and enforcement of taxes on the
121 basis of fuel consumed, distance accrued, or both, in member
122 jurisdictions.
123 (3) “Diesel fuel” means any liquid product or gas product
124 or combination thereof, including, but not limited to, all forms
125 of fuel known or sold as diesel fuel, kerosene, butane gas, or
126 propane gas and all other forms of liquefied petroleum gases,
127 except those defined as “motor fuel,” used to propel a motor
128 vehicle.
129 (4) “International Registration Plan” means a registration
130 reciprocity agreement among states of the United States and
131 provinces of Canada providing for payment of license fees or
132 license taxes on the basis of fleet miles operated in various
133 jurisdictions.
134 (3)(5) “Interstate” means vehicle movement between or
135 through two or more member jurisdictions states.
136 (4)(6) “Intrastate” means vehicle movement from one point
137 within a member jurisdiction state to another point within the
138 same member jurisdiction state.
139 (5) “Member jurisdiction” means a state of the United
140 States, province of Canada, or other such jurisdiction that is a
141 member of the International Fuel Tax Agreement.
142 (6)(7) “Motor carrier” means any person owning,
143 controlling, operating, or managing any motor vehicle used to
144 transport persons or property over any public highway.
145 (7)(8) “Motor fuel” means any fuel placed in the fuel
146 supply storage unit of a qualified motor vehicle, including an
147 alternative fuel, such as pure methanol, ethanol, or other
148 alcohol; a blend of 85 percent or more alcohol with gasoline;
149 natural gas and liquified fuel produced from natural gas;
150 propane; coal-derived liquified fuel; hydrogen; electricity;
151 pure biodiesel (B100) fuel, other than alcohol, derived from
152 biological materials; P-series fuel; or any other type of fuel
153 or energy used to propel a qualified motor vehicle what is
154 commonly known and sold as gasoline and fuels containing a
155 mixture of gasoline and other products.
156 (8)(9) “Operate,” “operated,” “operation,” or “operating”
157 means and includes the utilization in any form of any qualified
158 commercial motor vehicle, whether loaded or empty, whether
159 utilized for compensation or not for compensation, and whether
160 owned by or leased to the motor carrier who uses it or causes it
161 to be used.
162 (9)(10) “Person” means and includes natural persons,
163 corporations, copartnerships, firms, companies, agencies, or
164 associations, singular or plural.
165 (10)(11) “Public highway” means any public street, road, or
166 highway in this state.
167 (12) “Registrant” means a person in whose name or names a
168 vehicle is properly registered.
169 (12)(13) “Use,” “uses,” or “used” means the consumption of
170 diesel fuel or motor fuel in a qualified commercial motor
171 vehicle for the propulsion thereof.
172 Section 3. Section 207.003, Florida Statutes, is amended to
173 read:
174 207.003 Privilege tax levied.—A tax for the privilege of
175 operating any qualified commercial motor vehicle upon the public
176 highways of this state shall be levied upon every motor carrier
177 at a rate which includes the minimum rates provided in parts I,
178 II, and IV of chapter 206 on each gallon of diesel fuel or motor
179 fuel used for the propulsion of a qualified commercial motor
180 vehicle by such motor carrier within this the state.
181 Section 4. Section 207.004, Florida Statutes, is amended to
182 read:
183 207.004 Licensing Registration of motor carriers; fuel tax
184 decals identifying devices; fees; renewals; temporary fuel-use
185 permits and driveaway permits.—
186 (1)(a) A No motor carrier may not shall operate or cause to
187 be operated in this state any qualified commercial motor
188 vehicle, other than a Florida-based qualified commercial motor
189 vehicle that travels Florida intrastate mileage only, which that
190 uses diesel fuel or motor fuel until such carrier is licensed
191 under the International Fuel Tax Agreement and issued fuel tax
192 decals has registered with the department or has registered
193 under a cooperative reciprocal agreement as described in s.
194 207.0281, after such time as this state enters into such
195 agreement, and has been issued an identifying device or such
196 carrier is has been issued a temporary fuel-use permit as
197 authorized under subsection (5) subsections (4) and (5) for each
198 vehicle operated. The fee for each set of fuel tax decals is
199 There shall be a fee of $4 per year or any fraction thereof. A
200 copy of the license must be carried in each vehicle or made
201 available electronically. The fuel tax decals for each such
202 identifying device issued. The identifying device shall be
203 provided by the department and must be conspicuously displayed
204 on the qualified commercial motor vehicle as prescribed by the
205 instructions on the reverse side of the decal department while
206 the vehicle it is being operated on the public highways of this
207 state. The transfer of fuel tax decals an identifying device
208 from one vehicle to another vehicle or from one motor carrier to
209 another motor carrier is prohibited. The department or its
210 authorized agent shall issue the licenses and fuel tax decals.
211 (b) The motor carrier to whom fuel tax decals have been
212 issued is an identifying device has been issued shall be solely
213 responsible for the proper use of the fuel tax decals
214 identifying device by its employees, consignees, or lessees.
215 (2) Fuel tax decals Identifying devices shall be issued
216 each year for the period January 1 through December 31, or any
217 portion thereof, if tax returns and tax payments, when
218 applicable, have been submitted to the department for all prior
219 reporting periods. Fuel tax decals Identifying devices may be
220 displayed for the next succeeding indicia period beginning
221 December 1 of each year. Beginning October 1, 2025, except as
222 otherwise authorized by the department, all fuel tax decal
223 renewal orders must be electronically submitted through an
224 online system prescribed by the department.
225 (3) If a motor carrier licensed in this state no longer
226 operates or causes to be operated in this state a qualified
227 commercial motor vehicle, the fuel tax decals must identifying
228 device shall be destroyed and the motor carrier to whom the fuel
229 tax decals were device was issued must shall notify the
230 department immediately by letter of such removal and of the
231 number of fuel tax decals the identifying device that has been
232 destroyed.
233 (4) A motor carrier must, before operating a qualified
234 commercial motor vehicle on the public highways of this state,
235 must display fuel tax decals an identifying device as required
236 under subsections (1) and (2) or must obtain a temporary fuel
237 use permit for that vehicle as provided in subsection (5). A
238 temporary fuel-use permit shall expire within 10 days after date
239 of issuance. The cost of a temporary fuel-use permit is $45, and
240 the permit exempts the vehicle from the payment of the motor
241 fuel or diesel fuel tax imposed under this chapter during the
242 term for which the permit is valid. However, the vehicle is not
243 exempt from paying the fuel tax at the pump.
244 (5)(a) A registered motor carrier holding a valid
245 certificate of registration may, upon payment of the $45 fee per
246 permit, secure from the department, or any wire service
247 authorized by the department, a temporary fuel-use permit.
248 (b) The fee for a temporary fuel-use permit is $45. A
249 temporary fuel-use permit expires 10 days after the date of
250 issuance and exempts the vehicle from payment of the motor fuel
251 tax imposed under this chapter during the period for which the
252 permit is valid. However, this paragraph does not exempt the
253 vehicle from payment at the pump of the fuel tax imposed under
254 chapter 206.
255 (c) A blank temporary fuel-use permit must, before its use,
256 must be executed by the motor carrier, in ink or type, so as to
257 identify the carrier, the vehicle to which the permit is
258 assigned, and the permit’s effective date and expiration date
259 that the vehicle is placed in and removed from service. The
260 temporary fuel-use permit shall also show a complete
261 identification of the vehicle on which the permit is to be used,
262 together with the name and address of the owner or lessee of the
263 vehicle. The endorsed temporary fuel-use permit must shall then
264 be carried on the vehicle that it identifies and must shall be
265 exhibited on demand to any authorized personnel. Temporary fuel
266 use permits may be transmitted to the motor carrier by
267 electronic means and shall be completed as outlined by
268 department personnel prior to transmittal.
269 (d) The motor carrier to whom a temporary fuel-use permit
270 is issued is shall be solely responsible for the proper use of
271 the permit by its employees, consignees, or lessees. Any
272 erasure, alteration, or unauthorized use of a temporary fuel-use
273 permit renders shall render it invalid and of no effect. A motor
274 carrier to whom a temporary fuel-use permit is issued may not
275 knowingly allow the permit to be used by any other person or
276 organization.
277 (b) An unregistered motor carrier may, upon payment of the
278 $45 fee, secure from any wire service authorized by the
279 department, by electronic means, a temporary fuel-use permit
280 that shall be valid for a period of 10 days. Such permit must
281 show the name and address of the unregistered motor carrier to
282 whom it is issued, the date the vehicle is placed in and removed
283 from service, a complete identification of the vehicle on which
284 the permit is to be used, and the name and address of the owner
285 or lessee of the vehicle. The temporary fuel-use permit shall
286 then be carried on the vehicle that it identifies and shall be
287 exhibited on demand to any authorized personnel. The
288 unregistered motor carrier to whom a temporary fuel-use permit
289 is issued shall be solely responsible for the proper use of the
290 permit by its employees, consignees, or lessees. Any erasure,
291 alteration, or unauthorized use of a temporary fuel-use permit
292 shall render it invalid and of no effect. The unregistered motor
293 carrier to whom a temporary fuel-use permit is issued may not
294 knowingly allow the permit to be used by any other person or
295 organization.
296 (c) A registered motor carrier engaged in driveaway
297 transportation, in which the cargo is the vehicle itself and is
298 in transit to stock inventory and the ownership of the vehicle
299 is not vested in the motor carrier, may, upon payment of the $4
300 fee, secure from the department a driveaway permit. The
301 driveaway permits shall be issued for the period January 1
302 through December 31. An original permit must be in the
303 possession of the operator of each vehicle and shall be
304 exhibited on demand to any authorized personnel. Vehicle mileage
305 reports must be submitted by the motor carrier, and the road
306 privilege tax must be paid on all miles operated within this
307 state during the reporting period. All other provisions of this
308 chapter shall apply to the holder of a driveaway permit.
309 Section 5. Section 207.005, Florida Statutes, is amended to
310 read:
311 207.005 Returns and payment of tax; delinquencies;
312 calculation of fuel used during operations in the state; credit;
313 bond.—
314 (1) The taxes levied under this chapter are shall be due
315 and payable on the first day of the month following the last
316 month of the reporting period. The department may adopt
317 promulgate rules for requiring and establishing procedures for
318 annual, semiannual, or quarterly filing. The reporting period is
319 shall be the 12 months beginning January 1 July 1 and ending
320 December 31 June 30. It shall be the duty of Each motor carrier
321 licensed registered or required to be registered under the
322 provisions of this chapter must to submit a return by the
323 following due dates, except that each due date is extended until
324 the last day of the month of the due date, and, if the last day
325 of the month falls on a Saturday, Sunday, or legal holiday, the
326 due date is further extended until the next day that is not a
327 Saturday, Sunday, or legal holiday within 30 days after the due
328 date. The due date shall be as follows:
329 (a) If annual filing, the due date is January 31. shall be
330 July 1;
331 (b) If semiannual filing, the due dates are shall be
332 January 31 1 and July 31.1; or
333 (c) If quarterly filing, the due dates are shall be January
334 31 1, April 30 1, July 31 1, and October 31 1.
335 (2) The amount of fuel used in the propulsion of any
336 qualified commercial motor vehicle within this state may be
337 calculated, if the motor carrier maintains adequate records, by
338 applying total interstate vehicular consumption of all diesel
339 fuel and motor fuel used as related to total miles traveled and
340 applying such rate to total miles traveled within this state. In
341 the absence of adequate documentation by the motor carrier, the
342 department may adopt is authorized to promulgate rules
343 converting miles driven to gallons used.
344 (3) For the purpose of computing the carrier’s liability
345 for the fuel road privilege tax, the total gallons of fuel used
346 in the propulsion of any qualified commercial motor vehicle in
347 this state shall be multiplied by the rates provided in parts I,
348 II, and IV of chapter 206. From the sum determined by this
349 calculation, there shall be allowed a credit equal to the amount
350 of the tax per gallon under parts I, II, and IV of chapter 206
351 for each gallon of fuel purchased in this state during the
352 reporting period when the diesel fuel or motor fuel tax was paid
353 at the time of purchase. If the tax paid under parts I, II, and
354 IV of chapter 206 exceeds the total tax due under this chapter,
355 the excess may be allowed as a credit against future tax
356 payments, until the credit is fully offset or until eight
357 calendar quarters shall have passed since the end of the
358 calendar quarter in which the credit accrued, whichever occurs
359 first. A refund may be made for this credit provided it exceeds
360 $10.
361 (4) The department may adopt is authorized to promulgate
362 the necessary rules to provide for an adequate bond from each
363 motor carrier to ensure payment of taxes required under this
364 chapter.
365 (5) Beginning October 1, 2025, except as otherwise
366 authorized by the department, all returns must be submitted
367 electronically through an online system prescribed by the
368 department.
369 Section 6. Section 207.007, Florida Statutes, is amended to
370 read:
371 207.007 Offenses; penalties and interest.—
372 (1) If any motor carrier licensed registered under this
373 chapter fails to file a return or and pay any tax liability
374 under this chapter within the time required hereunder, the
375 department may impose a delinquency penalty of $50 or 10 percent
376 of the delinquent taxes due, whichever is greater, if the
377 failure is for not more than 30 days, with an additional 10
378 percent penalty for each additional 30 days, or fraction
379 thereof, during the time which the failure continues, not to
380 exceed a total penalty of 100 percent in the aggregate. However,
381 the penalty may not be less than $50.
382 (2) In addition to any other penalties, any delinquent tax
383 shall bear interest in accordance with the International Fuel
384 Tax Agreement at the rate of 1 percent per month, or fraction
385 thereof, calculated from the date the tax was due. If the
386 department enters into a cooperative reciprocal agreement under
387 the provisions of s. 207.0281, the department shall collect and
388 distribute all interest due to other jurisdictions at the same
389 rate as if such interest were due to the state.
390 (3) Any person who:
391 (a) Willfully refuses or neglects to make any statement,
392 report, or return required by the provisions of this chapter;
393 (b) Knowingly makes, or assists any other person in making,
394 a false statement in a return or report, or in connection with
395 an application for licensure registration under this chapter, or
396 in connection with an audit; or
397 (c) Counterfeits, alters, manufactures, or sells fuel tax
398 licenses, fuel tax decals, or temporary fuel-use permits without
399 first having obtained the department’s permission in writing; or
400 (d) Violates any of the provisions of this chapter, a
401 penalty for which is not otherwise provided,
402
403 commits is guilty of a felony of the third degree, punishable as
404 provided in s. 775.082, s. 775.083, or s. 775.084. In addition,
405 the department may revoke or suspend the licensure and
406 registration privileges under ss. 207.004 and 320.02 of the
407 violator. Each day or part thereof during which a person
408 operates or causes to be operated a qualified commercial motor
409 vehicle without being the holder of fuel tax decals an
410 identifying device or having a valid temporary fuel-use or
411 driveaway permit as required by this chapter constitutes a
412 separate offense within the meaning of this section. In addition
413 to the penalty imposed by this section, the defendant is shall
414 be required to pay all taxes, interest, and penalties due to the
415 state.
416 Section 7. Section 207.008, Florida Statutes, is amended to
417 read:
418 207.008 Retention of records by motor carrier.—Each
419 licensed registered motor carrier shall maintain and keep
420 pertinent records and papers as may be required by the
421 department for the reasonable administration of this chapter and
422 shall preserve the records upon which each quarterly tax return
423 is based for 4 years following the due date or filing date of
424 the return, whichever is later.
425 Section 8. Subsection (3) of section 207.011, Florida
426 Statutes, is amended to read:
427 207.011 Inspection of records; hearings; forms; rules.—
428 (3) The department, or any authorized agent thereof, is
429 authorized to examine the records, books, papers, and equipment
430 of any motor carrier, any retail dealer of motor diesel fuels,
431 and any wholesale distributor of diesel fuels or motor fuels
432 which that are deemed necessary to verify the truth and accuracy
433 of any statement, or report, or return and ascertain whether the
434 tax imposed by this chapter has been paid.
435 Section 9. Section 207.013, Florida Statutes, is amended to
436 read:
437 207.013 Suits for collection of unpaid taxes, penalties,
438 and interest.—Upon demand of the department, the Department of
439 Legal Affairs or the state attorney for a judicial circuit shall
440 bring appropriate actions, in the name of the state or in the
441 name of the Department of Highway Safety and Motor Vehicles in
442 the capacity of its office, for the recovery of taxes,
443 penalties, and interest due under this chapter; and judgment
444 shall be rendered for the amount so found to be due together
445 with costs. However, if it is shall be found as a fact that such
446 claim for, or grant of, an exemption or credit was willful on
447 the part of any motor carrier, retail dealer, or distributor of
448 diesel fuel or motor fuel, judgment must shall be rendered for
449 double the amount of the tax found to be due with costs. The
450 department may employ an attorney at law to institute and
451 prosecute proper proceedings to enforce payment of the taxes,
452 penalties, and interest provided for by this chapter and may fix
453 the compensation for the services of such attorney at law.
454 Section 10. Subsection (3) of section 207.014, Florida
455 Statutes, is amended to read:
456 207.014 Departmental warrant for collection of unpaid
457 taxes.—
458 (3) In the event there is a contest or claim of any kind
459 with reference to the property levied upon or the amount of
460 taxes, costs, or penalties due, such contest or claim must shall
461 be tried in the circuit court in and for the county in which the
462 warrant was executed, as nearly as may be in the same manner and
463 means as such contest or claim would have been tried in such
464 court had the warrant originally issued upon a judgment rendered
465 by such court. The warrant issued as provided in this section
466 constitutes shall constitute prima facie evidence of the amount
467 of taxes, interest, and penalties due to the state by the motor
468 carrier; and the burden of proof is shall be upon the motor
469 carrier, retail dealer, or distributor of diesel fuel or motor
470 fuel to show that the amounts or penalties were incorrect.
471 Section 11. Subsection (1) of section 207.019, Florida
472 Statutes, is amended to read:
473 207.019 Discontinuance or transfer of business; change of
474 address.—
475 (1) Whenever a person ceases to engage in business as a
476 motor carrier within this the state by reason of the
477 discontinuance, sale, or transfer of the business of such
478 person, he or she shall notify the department in writing at
479 least 10 days before prior to the time the discontinuance, sale,
480 or transfer takes effect. Such notice must shall give the date
481 of discontinuance and, in the event of a sale or transfer of the
482 business, the date thereof and the name and address of the
483 purchaser or transferee. All diesel fuel or motor fuel use taxes
484 shall become due and payable concurrently with such
485 discontinuance, sale, or transfer; and any such person shall,
486 concurrently with such discontinuance, sale, or transfer, make a
487 report and, pay all such taxes, interest, and penalties. The
488 person shall immediately destroy the fuel tax decals and notify
489 the department by letter of such destruction and of the number
490 of the fuel tax decals that have been destroyed, and surrender
491 to the department the registration issued to such person.
492 Section 12. Subsections (1) and (3) of section 207.023,
493 Florida Statutes, are amended to read:
494 207.023 Authority to inspect vehicles, make arrests, seize
495 property, and execute warrants.—
496 (1) As a part of their responsibility when inspecting
497 qualified motor commercial vehicles, the Department of Highway
498 Safety and Motor Vehicles, the Department of Agriculture and
499 Consumer Services, and the Department of Transportation shall
500 ensure that all vehicles are properly qualified under the
501 provisions of this chapter.
502 (3) Qualified Commercial motor vehicles owned or operated
503 by any motor carrier who refuses to comply with this chapter may
504 be seized by authorized agents or employees of the Department of
505 Highway Safety and Motor Vehicles, the Department of Agriculture
506 and Consumer Services, or the Department of Transportation; or
507 authorized agents and employees of any of these departments also
508 may seize property as set out in ss. 206.205, 206.21, and
509 206.215. Upon such seizure, the property must shall be
510 surrendered without delay to the sheriff of the county where the
511 property was seized for further proceedings.
512 Section 13. Subsections (1) and (6) of section 207.0281,
513 Florida Statutes, are amended to read:
514 207.0281 Registration; cooperative reciprocal agreements
515 between states.—
516 (1) The Department of Highway Safety and Motor Vehicles may
517 enter into a cooperative reciprocal agreement, including, but
518 not limited to, the International Fuel Tax fuel-tax Agreement,
519 with another state or group of states for the administration of
520 the tax imposed by this chapter. An agreement arrangement,
521 declaration, or amendment is not effective until stated in
522 writing and filed with the Department of Highway Safety and
523 Motor Vehicles.
524 (6) This section and the contents of any reciprocal
525 agreement entered into under this section supersede all other
526 fuel-tax requirements of this chapter for qualified commercial
527 motor vehicles.
528 Section 14. Paragraph (aa) of subsection (7) of section
529 212.08, Florida Statutes, is amended to read:
530 212.08 Sales, rental, use, consumption, distribution, and
531 storage tax; specified exemptions.—The sale at retail, the
532 rental, the use, the consumption, the distribution, and the
533 storage to be used or consumed in this state of the following
534 are hereby specifically exempt from the tax imposed by this
535 chapter.
536 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
537 entity by this chapter do not inure to any transaction that is
538 otherwise taxable under this chapter when payment is made by a
539 representative or employee of the entity by any means,
540 including, but not limited to, cash, check, or credit card, even
541 when that representative or employee is subsequently reimbursed
542 by the entity. In addition, exemptions provided to any entity by
543 this subsection do not inure to any transaction that is
544 otherwise taxable under this chapter unless the entity has
545 obtained a sales tax exemption certificate from the department
546 or the entity obtains or provides other documentation as
547 required by the department. Eligible purchases or leases made
548 with such a certificate must be in strict compliance with this
549 subsection and departmental rules, and any person who makes an
550 exempt purchase with a certificate that is not in strict
551 compliance with this subsection and the rules is liable for and
552 shall pay the tax. The department may adopt rules to administer
553 this subsection.
554 (aa) Certain commercial vehicles.—Also exempt is the sale,
555 lease, or rental of a qualified commercial motor vehicle as
556 defined in s. 207.002, when the following conditions are met:
557 1. The sale, lease, or rental occurs between two commonly
558 owned and controlled corporations;
559 2. Such vehicle was titled and registered in this state at
560 the time of the sale, lease, or rental; and
561 3. Florida sales tax was paid on the acquisition of such
562 vehicle by the seller, lessor, or renter.
563 Section 15. Subsection (1) of section 316.065, Florida
564 Statutes, is amended to read:
565 316.065 Crashes; reports; penalties.—
566 (1) The driver of a vehicle involved in a crash resulting
567 in injury to or death of any persons or damage to any vehicle or
568 other property in an apparent amount of at least $2,000 $500
569 shall immediately by the quickest means of communication give
570 notice of the crash to the local police department, if such
571 crash occurs within a municipality; otherwise, to the office of
572 the county sheriff or the nearest office or station of the
573 Florida Highway Patrol. A violation of this subsection is a
574 noncriminal traffic infraction, punishable as a nonmoving
575 violation as provided in chapter 318.
576 Section 16. Paragraph (a) of subsection (1) of section
577 318.15, Florida Statutes, is amended to read:
578 318.15 Failure to comply with civil penalty or to appear;
579 penalty.—
580 (1)(a) If a person fails to comply with the civil penalties
581 provided in s. 318.18 within the time period specified in s.
582 318.14(4), fails to enter into or comply with the terms of a
583 penalty payment plan with the clerk of the court in accordance
584 with ss. 318.14 and 28.246, fails to attend driver improvement
585 school, or fails to appear at a scheduled hearing, the clerk of
586 the court must notify the Department of Highway Safety and Motor
587 Vehicles of such failure within 10 days after such failure. Upon
588 receipt of such notice, the department must immediately issue an
589 order suspending the driver license and privilege to drive of
590 such person effective 20 days after the date the order of
591 suspension is provided mailed in accordance with s. 322.251(1),
592 (2), and (6). The order also must inform the person that he or
593 she may contact the clerk of the court to establish a payment
594 plan pursuant to s. 28.246(4) to make partial payments for
595 court-related fines, fees, service charges, and court costs. Any
596 such suspension of the driving privilege which has not been
597 reinstated, including a similar suspension imposed outside of
598 this state, must remain on the records of the department for a
599 period of 7 years from the date imposed and must be removed from
600 the records after the expiration of 7 years from the date it is
601 imposed. The department may not accept the resubmission of such
602 suspension.
603 Section 17. Subsection (3) of section 319.23, Florida
604 Statutes, is amended to read:
605 319.23 Application for, and issuance of, certificate of
606 title.—
607 (3) If a certificate of title has not previously been
608 issued for a motor vehicle or mobile home in this state, the
609 application, unless otherwise provided for in this chapter, must
610 shall be accompanied by a proper bill of sale or sworn statement
611 of ownership, or a duly certified copy thereof, or by a
612 certificate of title, bill of sale, or other evidence of
613 ownership required by the law of the state or county from which
614 the motor vehicle or mobile home was brought into this state.
615 The application must shall also be accompanied by:
616 (a)1. A sworn affidavit from the seller and purchaser
617 verifying that the vehicle identification number shown on the
618 affidavit is identical to the vehicle identification number
619 shown on the motor vehicle; or
620 2. An appropriate departmental form evidencing that a
621 physical examination has been made of the motor vehicle by the
622 owner and by a duly constituted law enforcement officer in any
623 state, a licensed motor vehicle dealer, a license inspector as
624 provided by s. 320.58, or a notary public commissioned by this
625 state, or a nonprofit organization established to detect and
626 deter insurance fraud and crime which has entered into an
627 agreement with the department through a memorandum of
628 understanding and that the vehicle identification number shown
629 on such form is identical to the vehicle identification number
630 shown on the motor vehicle; and
631 (b) If the vehicle is a used car original, a sworn
632 affidavit from the owner verifying that the odometer reading
633 shown on the affidavit is identical to the odometer reading
634 shown on the motor vehicle in accordance with the requirements
635 of 49 C.F.R. s. 580.5 at the time that application for title is
636 made. For the purposes of this section, the term “used car
637 original” means a used vehicle coming into and being titled in
638 this state for the first time.
639 (c) If the vehicle is an ancient or antique vehicle, as
640 defined in s. 320.086, the application must shall be accompanied
641 by a certificate of title; a bill of sale and a registration; or
642 a bill of sale and an affidavit by the owner defending the title
643 from all claims. The bill of sale must contain a complete
644 vehicle description to include the vehicle identification or
645 engine number, year make, color, selling price, and signatures
646 of the seller and purchaser.
647
648 Verification of the vehicle identification number is not
649 required for any new motor vehicle; any mobile home; any trailer
650 or semitrailer with a net weight of less than 2,000 pounds; or
651 any travel trailer, camping trailer, truck camper, or fifth
652 wheel recreation trailer.
653 Section 18. Subsection (2) of section 320.02, Florida
654 Statutes, is amended to read:
655 320.02 Registration required; application for registration;
656 forms.—
657 (2)(a) The application for registration must include the
658 street address of the owner’s permanent Florida residence or the
659 address of his or her permanent place of business in this state
660 and be accompanied by personal or business identification
661 information. If the vehicle is registered to an active duty
662 member of the United States Armed Forces who is a Florida
663 resident, the active duty member is not required to provide the
664 street address of a permanent Florida residence.
665 (b) An individual applicant must provide proof of address
666 satisfactory to the department and:
667 1. A valid REAL ID driver’s driver license or
668 identification card issued by this state or another state; or
669 2. A valid, unexpired United States passport; or
670 3. A valid, unexpired passport issued by another country
671 and an unexpired Form I-94 issued by the United States Bureau of
672 Customs and Border Protection.
673
674 For purposes of this paragraph, the term “REAL ID driver’s
675 license or identification card” has the same meaning as provided
676 in 6 C.F.R. s. 37.3.
677 (c) A business applicant must provide a federal employer
678 identification number, if applicable, or verification that the
679 business is authorized to conduct business in this the state, or
680 a Florida municipal or county business license or number.
681 1. If the owner does not have a permanent residence or
682 permanent place of business or if the owner’s permanent
683 residence or permanent place of business cannot be identified by
684 a street address, the application must include:
685 a. If the vehicle is registered to a business, the name and
686 street address of the permanent residence of an owner of the
687 business, an officer of the corporation, or an employee who is
688 in a supervisory position.
689 b. If the vehicle is registered to an individual, the name
690 and street address of the permanent residence of a close
691 relative or friend who is a resident of this state.
692 2. If the vehicle is registered to an active duty member of
693 the Armed Forces of the United States who is a Florida resident,
694 the active duty member is exempt from the requirement to provide
695 the street address of a permanent residence.
696 (d)(b) The department shall prescribe a form upon which
697 motor vehicle owners may record odometer readings when
698 registering their motor vehicles.
699 Section 19. Subsections (1) and (3), paragraph (a) of
700 subsection (4), and subsection (6) of section 320.084, Florida
701 Statutes, are amended to read:
702 320.084 Free motor vehicle license plate to certain
703 disabled veterans.—
704 (1) One free disabled veteran “DV” motor vehicle license
705 number plate shall be issued by the department for use on any
706 motor vehicle owned or leased by any disabled veteran who has
707 been a resident of this state continuously for the preceding 5
708 years or has established a domicile in this state as provided by
709 s. 222.17(1), (2), or (3), and who has been honorably discharged
710 from the United States Armed Forces, upon application,
711 accompanied by proof that:
712 (a) A vehicle was initially acquired through financial
713 assistance by the United States Department of Veterans Affairs
714 or its predecessor specifically for the purchase of an
715 automobile;
716 (b) The applicant has been determined by the United States
717 Department of Veterans Affairs or its predecessor to have a
718 service-connected 100-percent disability rating for
719 compensation; or
720 (c) The applicant has been determined to have a service
721 connected disability rating of 100 percent and is in receipt of
722 disability retirement pay from any branch of the United States
723 Armed Services.
724 (3) The department shall, as it deems necessary, require
725 each person to whom a motor vehicle license plate has been
726 issued pursuant to subsection (1) to apply to the department for
727 reissuance of his or her registration license plate. Upon
728 receipt of the application and proof of the applicant’s
729 continued eligibility, the department shall issue a new
730 permanent disabled veteran “DV” numerical motor vehicle license
731 plate which shall be of the colors red, white, and blue similar
732 to the colors of the United States flag. The operation of a
733 motor vehicle displaying a disabled veteran “DV” license plate
734 from a previous issue period or a noncurrent validation sticker
735 after the date specified by the department shall subject the
736 owner if he or she is present, otherwise the operator, to the
737 penalty provided in s. 318.18(2). Such permanent license plate
738 shall be removed upon sale of the vehicle, but may be
739 transferred to another vehicle owned by such veteran in the
740 manner prescribed by law. The license number of each plate
741 issued under this section shall be identified by the letter
742 designation “DV.” Upon request of any such veteran, the
743 department is authorized to issue a designation plate containing
744 only the letters “DV,” to be displayed on the front of the
745 vehicle.
746 (4)(a) With the issuance of each new permanent disabled
747 veteran “DV” numerical motor vehicle license plate, the
748 department shall initially issue, without cost to the applicant,
749 a validation sticker reflecting the owner’s birth month and a
750 serially numbered validation sticker reflecting the year of
751 expiration. The initial sticker reflecting the year of
752 expiration may not exceed 27 months.
753 (6)(a) A disabled veteran who meets the requirements of
754 subsection (1) may be issued, in lieu of the disabled veteran
755 “DV” license plate, a military license plate for which he or she
756 is eligible or a specialty license plate embossed with the
757 initials “DV” in the top left-hand corner. A disabled veteran
758 electing a military license plate or specialty license plate
759 under this subsection must pay all applicable fees related to
760 such license plate, except for fees otherwise waived under
761 subsections (1) and (4).
762 (b) A military license plate or specialty license plate
763 elected under this subsection:
764 1. Does not provide the protections or rights afforded by
765 ss. 316.1955, 316.1964, 320.0848, 526.141, and 553.5041.
766 2. is not eligible for the international symbol of
767 accessibility as described in s. 320.0842.
768 Section 20. Section 320.605, Florida Statutes, is amended
769 to read:
770 320.605 Legislative intent.—It is the intent of the
771 Legislature to protect the public health, safety, and welfare of
772 the citizens of the state by regulating the licensing of motor
773 vehicle dealers and manufacturers, maintaining competition,
774 providing consumer protection and fair trade, and providing
775 those residing in economically disadvantaged areas minorities
776 with opportunities for full participation as motor vehicle
777 dealers. Sections 320.61-320.70 are intended to apply solely to
778 the licensing of manufacturers, factory branches, distributors,
779 and importers and do not apply to non-motor-vehicle-related
780 businesses.
781 Section 21. Subsection (3) of section 320.63, Florida
782 Statutes, is amended to read:
783 320.63 Application for license; contents.—Any person
784 desiring to be licensed pursuant to ss. 320.60-320.70 shall make
785 application therefor to the department upon a form containing
786 such information as the department requires. The department
787 shall require, with such application or otherwise and from time
788 to time, all of the following, which information may be
789 considered by the department in determining the fitness of the
790 applicant or licensee to engage in the business for which the
791 applicant or licensee desires to be licensed:
792 (3)(a) From each manufacturer, distributor, or importer
793 which utilizes an identical blanket basic agreement for its
794 dealers or distributors in this state, which agreement comprises
795 all or any part of the applicant’s or licensee’s agreements with
796 motor vehicle dealers in this state, a copy of the written
797 agreement and all supplements thereto, together with a list of
798 the applicant’s or licensee’s authorized dealers or distributors
799 and their addresses. The applicant or licensee shall further
800 notify the department immediately of the appointment of any
801 additional dealer or distributor. The applicant or licensee
802 shall annually report to the department on its efforts to add
803 new minority dealer points in economically disadvantaged areas,
804 including difficulties encountered under ss. 320.61-320.70. For
805 purposes of this section “minority” shall have the same meaning
806 as that given it in the definition of “minority person” in s.
807 288.703. Not later than 60 days before the date a revision or
808 modification to a franchise agreement is offered uniformly to a
809 licensee’s motor vehicle dealers in this state, the licensee
810 shall notify the department of such revision, modification, or
811 addition to the franchise agreement on file with the department.
812 In no event may a franchise agreement, or any addendum or
813 supplement thereto, be offered to a motor vehicle dealer in this
814 state until the applicant or licensee files an affidavit with
815 the department acknowledging that the terms or provisions of the
816 agreement, or any related document, are not inconsistent with,
817 prohibited by, or contrary to the provisions contained in ss.
818 320.60-320.70. Any franchise agreement offered to a motor
819 vehicle dealer in this state must shall provide that all terms
820 and conditions in such agreement inconsistent with the law and
821 rules of this state are of no force and effect.
822 (b) For purposes of this subsection, the term “economically
823 disadvantaged area” means a defined geographic area within this
824 state in which at least one of the following conditions exists:
825 1. The per capita income for residents within the area is
826 less than 80 percent of the per capita income in this state.
827 2. The unemployment rate within the area was more than 1
828 percent over the unemployment rate for this state over the
829 previous 24 months.
830 Section 22. Subsection (2) of section 320.95, Florida
831 Statutes, is amended to read:
832 320.95 Transactions by electronic or telephonic means.—
833 (2) The department may collect e-mail electronic mail
834 addresses and use e-mail electronic mail in lieu of the United
835 States Postal Service as a method of notification for the
836 purpose of providing renewal notices.
837 Section 23. Subsection (44) of section 322.01, Florida
838 Statutes, is amended to read:
839 322.01 Definitions.—As used in this chapter:
840 (44) “Tank vehicle” means a vehicle that is designed to
841 transport any liquid or gaseous material within one or more
842 tanks that have an individual rated capacity that exceeds 119
843 gallons and an aggregate rated capacity of 1,000 gallons or more
844 and that are a tank either permanently or temporarily attached
845 to the vehicle or chassis. A commercial motor vehicle
846 transporting an empty storage container tank that is not
847 designed for transportation, but that is temporarily attached to
848 a flatbed trailer, is not a tank vehicle, if such tank has a
849 designed capacity of 1,000 gallons or more.
850 Section 24. Subsection (10) of section 322.08, Florida
851 Statutes, is amended to read:
852 322.08 Application for license; requirements for license
853 and identification card forms.—
854 (10) The department may collect e-mail electronic mail
855 addresses and use e-mail electronic mail in lieu of the United
856 States Postal Service as a method of notification for the
857 purpose of providing renewal notices.
858 Section 25. Paragraph (a) of subsection (8) of section
859 322.18, Florida Statutes, is amended to read:
860 322.18 Original applications, licenses, and renewals;
861 expiration of licenses; delinquent licenses.—
862 (8) The department shall issue 8-year renewals using a
863 convenience service without reexamination to drivers who have
864 not attained 80 years of age. The department shall issue 6-year
865 renewals using a convenience service when the applicant has
866 satisfied the requirements of subsection (5).
867 (a) If the department determines from its records that the
868 holder of a license about to expire is eligible for renewal, the
869 department must shall mail a renewal notice to the licensee at
870 his or her last known address or provide a renewal notice to the
871 licensee by e-mail notification, not less than 30 days before
872 prior to the licensee’s birthday. The renewal notice must shall
873 direct the licensee to appear at a driver license office for in
874 person renewal or to transmit the completed renewal notice and
875 the fees required by s. 322.21 to the department using a
876 convenience service.
877 Section 26. Subsection (4) of section 322.21, Florida
878 Statutes, is amended to read:
879 322.21 License fees; procedure for handling and collecting
880 fees.—
881 (4) If the department determines from its records or is
882 otherwise satisfied that the holder of a license about to expire
883 is entitled to have it renewed, the department must shall mail a
884 renewal notice to the licensee at his or her last known address
885 or provide a renewal notice to the licensee by e-mail
886 notification, within 30 days before the licensee’s birthday. The
887 licensee must shall be issued a renewal license, after
888 reexamination, if required, during the 30 days immediately
889 preceding his or her birthday upon presenting a renewal notice,
890 his or her current license, and the fee for renewal to the
891 department at any driver license examining office.
892 Section 27. Subsections (1), (2), (3), and (6) of section
893 322.251, Florida Statutes, are amended to read:
894 322.251 Notice of cancellation, suspension, revocation, or
895 disqualification of license.—
896 (1) All orders of cancellation, suspension, revocation, or
897 disqualification issued under the provisions of this chapter,
898 chapter 318, chapter 324, or ss. 627.732-627.734 must shall be
899 given either by personal delivery thereof to the licensee whose
900 license is being canceled, suspended, revoked, or disqualified;
901 or by deposit in the United States mail in an envelope, first
902 class, postage prepaid, addressed to the licensee at his or her
903 last known mailing address furnished to the department; or by e
904 mail notification authorized by the licensee. Such methods of
905 notification mailing by the department constitute notice
906 constitutes notification, and any failure by the person to
907 receive the mailed order does will not affect or stay the
908 effective date or term of the cancellation, suspension,
909 revocation, or disqualification of the licensee’s driving
910 privilege.
911 (2) The giving of notice and an order of cancellation,
912 suspension, revocation, or disqualification by mail is complete
913 upon expiration of 20 days after e-mail notification or, if
914 mailed, 20 days after deposit in the United States mail for all
915 notices except those issued under chapter 324 or ss. 627.732
916 627.734, which are complete 15 days after e-mail notification
917 or, if mailed, 15 days after deposit in the United States mail.
918 Proof of the giving of notice and an order of cancellation,
919 suspension, revocation, or disqualification in such either
920 manner must shall be made by entry in the records of the
921 department that such notice was given. The entry is admissible
922 in the courts of this state and constitutes sufficient proof
923 that such notice was given.
924 (3) Whenever the driving privilege is suspended, revoked,
925 or disqualified under the provisions of this chapter, the period
926 of such suspension, revocation, or disqualification must shall
927 be indicated on the order of suspension, revocation, or
928 disqualification, and the department shall require the licensee
929 whose driving privilege is suspended, revoked, or disqualified
930 to surrender all licenses then held by him or her to the
931 department. However, if should the person fails fail to
932 surrender such licenses, the suspension, revocation, or
933 disqualification period does shall not expire until a period
934 identical to the period for which the driving privilege was
935 suspended, revoked, or disqualified has expired after the date
936 of surrender of the licenses, or the date an affidavit swearing
937 such licenses are lost has been filed with the department. In
938 any instance where notice of the suspension, revocation, or
939 disqualification order is given mailed as provided herein, and
940 the license is not surrendered to the department, and such
941 license thereafter expires, the department may shall not renew
942 that license until a period of time identical to the period of
943 such suspension, revocation, or disqualification imposed has
944 expired.
945 (6) Whenever a cancellation, suspension, revocation, or
946 disqualification occurs, the department shall enter the
947 cancellation, suspension, revocation, or disqualification order
948 on the licensee’s driver file 20 days after e-mail notification
949 or, if mailed, 20 days after the notice was actually placed in
950 the mail. Any inquiry into the file after the 20-day period
951 shall reveal that the license is canceled, suspended, revoked,
952 or disqualified and whether the license has been received by the
953 department.
954 Section 28. Subsection (4) of section 322.2616, Florida
955 Statutes, is amended to read:
956 322.2616 Suspension of license; persons under 21 years of
957 age; right to review.—
958 (4) If the department finds that the license of the person
959 should be suspended under this section and if the notice of
960 suspension has not already been served upon the person by a law
961 enforcement officer or correctional officer as provided in
962 subsection (2), the department must shall issue a notice of
963 suspension and, unless the notice is provided mailed under s.
964 322.251, a temporary driving permit that expires 10 days after
965 the date of issuance if the driver is otherwise eligible.
966 Section 29. Paragraph (c) of subsection (2) of section
967 322.292, Florida Statutes, is amended to read:
968 322.292 DUI programs supervision; powers and duties of the
969 department.—
970 (2) The department shall adopt rules to implement its
971 supervisory authority over DUI programs in accordance with the
972 procedures of chapter 120, including the establishment of
973 uniform standards of operation for DUI programs and the method
974 for setting and approving fees, as follows:
975 (c) Implement procedures for the granting and revoking of
976 licenses for DUI programs, including:
977 1. A uniform application fee not to exceed $1,000 but in an
978 amount sufficient to cover the department’s administrative costs
979 in processing and evaluating DUI program license applications.
980 The application fee does shall not apply to programs that apply
981 for licensure to serve a county that does not have a currently
982 licensed DUI program or where the currently licensed program has
983 relinquished its license.
984 2. In considering an application for approval of a DUI
985 program, the department shall determine whether improvements in
986 service may be derived from the operation of the DUI program and
987 the number of clients currently served in the circuit. The
988 department shall apply the following criteria:
989 a. The increased frequency of classes and availability of
990 locations of services offered by the applicant DUI program.
991 b. Services and fees offered by the applicant DUI program
992 and any existing DUI program.
993 c. The number of DUI clients currently served and
994 historical trends in the number of clients served in the
995 circuit.
996 d. The availability, accessibility, and service history of
997 any existing DUI program services.
998 e. The applicant DUI program’s service history.
999 f. The availability of resources, including personnel,
1000 demonstrated management capability, and capital and operating
1001 expenditures of the applicant DUI program.
1002 g. Improved services to minority and special needs clients
1003 and those residing in economically disadvantaged areas.
1004 3. Authority for competing applicants and currently
1005 licensed DUI programs serving the same geographic area to
1006 request an administrative hearing under chapter 120 to contest
1007 the department’s determination of need for an additional
1008 licensed DUI program in that area.
1009 4. A requirement that the department revoke the license of
1010 any DUI program that does not provide the services specified in
1011 its application within 45 days after licensure and notify the
1012 chief judge of that circuit of such revocation.
1013 5. A requirement that all applicants for initial licensure
1014 as a DUI program in a particular circuit on and after the
1015 effective date of this act must, at a minimum, satisfy each of
1016 the following criteria:
1017 a. Maintain a primary business office in the circuit which
1018 is located in a permanent structure that is readily accessible
1019 by public transportation, if public transportation is available.
1020 The primary business office must be adequately staffed and
1021 equipped to provide all DUI program support services, including
1022 registration and a file for each person who registers for the
1023 program.
1024 b. Have a satellite office for registration of DUI
1025 offenders in each county in the circuit which is located in a
1026 permanent structure that is readily accessible by public
1027 transportation, if public transportation is available. A
1028 satellite office is not required in any county where the total
1029 number of DUI convictions in the most recent calendar year is
1030 less than 200.
1031 c. Have a classroom in each county in the circuit which is
1032 located in a permanent structure that is readily accessible by
1033 public transportation, if public transportation is available. A
1034 classroom is not required in any county where the total number
1035 of DUI convictions in the most recent calendar year is less than
1036 100. A classroom may not be located within 250 feet of any
1037 business that sells alcoholic beverages. However, a classroom
1038 may shall not be required to be relocated when a business
1039 selling alcoholic beverages locates to within 250 feet of the
1040 classroom.
1041 d. Have a plan for conducting all DUI education courses,
1042 evaluation services, and other services required by the
1043 department. The level I DUI education course must be taught in
1044 four segments, with no more than 6 hours of classroom
1045 instruction provided to any offender each day.
1046 e. Employ at least 1 full-time certified addiction
1047 professional for the program at all times.
1048 f. Document support from community agencies involved in DUI
1049 education and substance abuse treatment in the circuit.
1050 g. Have a volunteer board of directors and advisory
1051 committee made up of citizens who reside in the circuit in which
1052 licensure is sought.
1053 h. Submit documentation of compliance with all applicable
1054 federal, state, and local laws, including, but not limited to,
1055 the Americans with Disabilities Act.
1056 Section 30. Subsection (3) of section 322.64, Florida
1057 Statutes, is amended to read:
1058 322.64 Holder of commercial driver license; persons
1059 operating a commercial motor vehicle; driving with unlawful
1060 blood-alcohol level; refusal to submit to breath, urine, or
1061 blood test.—
1062 (3) If the department determines that the person arrested
1063 should be disqualified from operating a commercial motor vehicle
1064 pursuant to this section and if the notice of disqualification
1065 has not already been served upon the person by a law enforcement
1066 officer or correctional officer as provided in subsection (1),
1067 the department must shall issue a notice of disqualification
1068 and, unless the notice is provided mailed pursuant to s.
1069 322.251, a temporary permit which expires 10 days after the date
1070 of issuance if the driver is otherwise eligible.
1071 Section 31. Subsection (1) of section 324.091, Florida
1072 Statutes, is amended to read:
1073 324.091 Notice to department; notice to insurer.—
1074 (1) Each owner and operator involved in a crash or
1075 conviction case within the purview of this chapter shall furnish
1076 evidence of automobile liability insurance or motor vehicle
1077 liability insurance within 14 days after the date of providing
1078 the mailing of notice of crash by the department in the form and
1079 manner as it may designate. Upon receipt of evidence that an
1080 automobile liability policy or motor vehicle liability policy
1081 was in effect at the time of the crash or conviction case, the
1082 department shall forward to the insurer such information for
1083 verification in a method as determined by the department. The
1084 insurer shall respond to the department within 20 days after the
1085 notice whether or not such information is valid. If the
1086 department determines that an automobile liability policy or
1087 motor vehicle liability policy was not in effect and did not
1088 provide coverage for both the owner and the operator, it must
1089 shall take action as it is authorized to do under this chapter.
1090 Section 32. Paragraph (c) of subsection (1) of section
1091 324.171, Florida Statutes, is amended to read:
1092 324.171 Self-insurer.—
1093 (1) Any person may qualify as a self-insurer by obtaining a
1094 certificate of self-insurance from the department which may, in
1095 its discretion and upon application of such a person, issue said
1096 certificate of self-insurance when such person has satisfied the
1097 requirements of this section to qualify as a self-insurer under
1098 this section:
1099 (c) The owner of a commercial motor vehicle, as defined in
1100 s. 207.002 or s. 320.01, or a qualified motor vehicle, as
1101 defined in s. 207.002, may qualify as a self-insurer subject to
1102 the standards provided for in subparagraph (b)2.
1103 Section 33. Subsection (3) of section 328.30, Florida
1104 Statutes, is amended to read:
1105 328.30 Transactions by electronic or telephonic means.—
1106 (3) The department may collect e-mail electronic mail
1107 addresses and use e-mail electronic mail in lieu of the United
1108 States Postal Service as a method of notification for the
1109 purpose of providing renewal notices.
1110 Section 34. Section 627.7415, Florida Statutes, is amended
1111 to read:
1112 627.7415 Commercial or qualified motor vehicles; additional
1113 liability insurance coverage.—Commercial motor vehicles, as
1114 defined in s. 207.002 or s. 320.01, and qualified motor
1115 vehicles, as defined in s. 207.002, operated upon the roads and
1116 highways of this state must shall be insured with the following
1117 minimum levels of combined bodily liability insurance and
1118 property damage liability insurance in addition to any other
1119 insurance requirements:
1120 (1) Fifty thousand dollars per occurrence for a commercial
1121 motor vehicle or qualified motor vehicle with a gross vehicle
1122 weight of 26,000 pounds or more, but less than 35,000 pounds.
1123 (2) One hundred thousand dollars per occurrence for a
1124 commercial motor vehicle or qualified motor vehicle with a gross
1125 vehicle weight of 35,000 pounds or more, but less than 44,000
1126 pounds.
1127 (3) Three hundred thousand dollars per occurrence for a
1128 commercial motor vehicle or qualified motor vehicle with a gross
1129 vehicle weight of 44,000 pounds or more.
1130 (4) All commercial motor vehicles and qualified motor
1131 vehicles subject to regulations of the United States Department
1132 of Transportation, 49 C.F.R. part 387, subparts A and B, and as
1133 may be hereinafter amended, must shall be insured in an amount
1134 equivalent to the minimum levels of financial responsibility as
1135 set forth in such regulations.
1136
1137 A violation of this section is a noncriminal traffic infraction,
1138 punishable as a nonmoving violation as provided in chapter 318.
1139 Section 35. Paragraph (b) of subsection (4) of section
1140 316.545, Florida Statutes, is amended to read:
1141 316.545 Weight and load unlawful; special fuel and motor
1142 fuel tax enforcement; inspection; penalty; review.—
1143 (4)
1144 (b) In addition to the penalty provided for in paragraph
1145 (a), the vehicle may be detained until the owner or operator of
1146 the vehicle furnishes evidence that the vehicle has been
1147 properly registered pursuant to s. 207.004. Any officer of the
1148 Florida Highway Patrol or agent of the Department of
1149 Transportation may issue a temporary fuel use permit and collect
1150 the appropriate fee as provided for in s. 207.004(5) s.
1151 207.004(4). Notwithstanding the provisions of subsection (6),
1152 all permit fees collected pursuant to this paragraph shall be
1153 transferred to the Department of Highway Safety and Motor
1154 Vehicles to be allocated pursuant to s. 207.026.
1155 Section 36. Paragraph (b) of subsection (1) of section
1156 319.35, Florida Statutes, is amended to read:
1157 319.35 Unlawful acts in connection with motor vehicle
1158 odometer readings; penalties.—
1159 (1)
1160 (b) It is unlawful for any person to knowingly provide
1161 false information on the odometer readings required pursuant to
1162 ss. 319.23(3) and 320.02(2)(d) ss. 319.23(3) and 320.02(2)(b).
1163 Section 37. This act shall take effect July 1, 2025.