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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Department of Highway Safety 2
and Motor Vehicles operations; amending s. 207.001, 3
F.S.; revising a short title; amending s. 207.002, 4
F.S.; revising definitions for the Florida Motor Fuel 5
Use Tax Act; amending ss. 207.003, 207.008, 207 .013, 6
207.014, 207.023, and 207.0281, 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 qualified vehicles 11
to carry copy of license or make the license available 12
electronically; specifying how fuel tax decals are to 13
be displayed on qualified motor vehicles; requiring 14
the department or its authorized agent to issue 15
licenses and fuel tax decals; requiring fuel ta x decal 16
renewal orders to be submitted electronically; 17
revising required contents of temporary fuel -use 18
permits; deleting provisions for driveway permits; 19
amending s. 207.005, F.S.; revising due dates for 20
motor fuel use tax returns; requiring tax returns t o 21
be submitted electronically; amending s. 207.007, 22
F.S.; revising requirements for calculation of 23
interest due for delinquent tax; providing penalties 24
for any person who counterfeits, alters, manufactures, 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or sells fuel tax licenses, fuel tax decals, or 26
temporary fuel-use permits except under certain 27
circumstances; amending s. 207.011, F.S.; authorizing 28
the department to inspect specified documents of motor 29
carriers, motor fuel retail dealers, and wholesale 30
distributors to verify tax returns; amending s. 31
207.019, F.S.; requiring motor carriers to destroy 32
fuel tax decals under certain circumstances and notify 33
the department; amending s. 212.08, F.S.; conforming 34
provisions to changes made by the act; amending s. 35
316.065, F.S.; revising the apparent amount of 36
property damage that requires the driver of a vehicle 37
involved in a crash to notify law enforcement of the 38
crash; amending s. 316.545, F.S.; conforming 39
provisions to changes made by the act; amending s. 40
318.15, F.S.; revising methods by which the departmen t 41
must issue an order suspending a driver license; 42
amending s. 319.35, F.S.; conforming a cross -43
reference; amending s. 320.02, F.S.; revising vehicle 44
registration requirements except for certain members 45
of the United States Armed Forces; requiring 46
applicants to provide proof of address; revising 47
requirements for documenting an applicant's address 48
and proof of legal presence; defining the term "REAL 49
ID driver's license or identification card"; 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
conforming provisions; amending s. 320.605, 320.63, 51
and 322.292, F.S.; revising terminology; amending ss. 52
320.95, 322.08, and 328.30, F.S.; revising the 53
purposes for which the department may provide 54
notification by electronic mail; amending s. 322.01, 55
F.S.; revising definition of the term "tank vehicle"; 56
amending ss. 322.18, 322.21, and 322.251, F.S.; 57
authorizing the department to provide electronic 58
notification in lieu of United States mail for 59
providing certain orders and notices; amending ss. 60
322.2616, 322.245, 324.171, 322.64, and 324.091, F.S.; 61
conforming provisions to changes made by the act; 62
providing an effective date. 63
64
Be It Enacted by the Legislature of the State of Florida: 65
66
Section 1. Section 207.001, Florida Statutes, is amended 67
to read: 68
207.001 Short title. —This chapter shall be known as the 69
"Florida Diesel Fuel and Motor Fuel Use Tax Act of 1981," and 70
the taxes levied under this chapter shall be in addition to all 71
other taxes imposed by law. 72
Section 2. Section 207.002, Florida Statutes, is amended 73
to read: 74
207.002 Definitions. —As used in this chapter, the term: 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1)(2) "Department" means the Department of Highway Safety 76
and Motor Vehicles. 77
(2) "International Fuel Tax Agreement" means the 78
reciprocal agreement among certain states of the United States, 79
provinces of Canada, and other member ju risdictions which 80
provides for the administration, collection, and enforcement of 81
taxes on the basis of fuel consumed, distance accrued, or both, 82
in member jurisdictions. 83
(3) "Diesel fuel" means any liquid product or gas product 84
or combination thereof, i ncluding, but not limited to, all forms 85
of fuel known or sold as diesel fuel, kerosene, butane gas, or 86
propane gas and all other forms of liquefied petroleum gases, 87
except those defined as "motor fuel," used to propel a motor 88
vehicle. 89
(4) "International Registration Plan" means a registration 90
reciprocity agreement among states of the United States and 91
provinces of Canada providing for payment of license fees or 92
license taxes on the basis of fleet miles operated in various 93
jurisdictions. 94
(3)(5) "Interstate" means vehicle movement between or 95
through two or more member jurisdictions states. 96
(4)(6) "Intrastate" means vehicle movement from one point 97
within a member jurisdiction state to another point within the 98
same member jurisdiction state. 99
(5) "Member jurisdiction" means a state of the United 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
States, province of Canada, or other jurisdiction that is a 101
member of the International Fuel Tax Agreement. 102
(6)(7) "Motor carrier" means any person owning, 103
controlling, operating, or managing any motor vehicle us ed to 104
transport persons or property over any public highway. 105
(7)(8) "Motor fuel" means any fuel placed in the fuel 106
supply storage unit of a qualified motor vehicle, including an 107
alternative fuel such as pure methanol, ethanol, or other 108
alcohol; a blend of 85 percent or more alcohol with gasoline; 109
natural gas and liquified fuel produced from natural gas; 110
propane; coal-derived liquified fuel; hydrogen; electricity; 111
pure biodiesel (B100) fuel, other than alcohol, derived from 112
biological materials; P -series fuel; or any other type of fuel 113
or energy used to propel a qualified motor vehicle what is 114
commonly known and sold as gasoline and fuels containing a 115
mixture of gasoline and other products . 116
(8)(9) "Operate," "operated," "operation," or "operating" 117
means and includes the utilization in any form of any qualified 118
commercial motor vehicle, whether loaded or empty, whether 119
utilized for compensation or not for compensation, and whether 120
owned by or leased to the motor carrier who uses it or causes it 121
to be used. 122
(9)(1) "Qualified Commercial motor vehicle" means any 123
vehicle not owned or operated by a governmental entity which 124
uses diesel fuel or motor fuel on the public highways; and which 125
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has two axles and a gross vehicle weight or registered gross 126
vehicle weight in excess of 26,000 pounds, or has three or more 127
axles regardless of weight, or is used in combination when the 128
weight of such combination exceeds 26,000 pounds gross vehicle 129
weight or registered gross vehicle weight . The term excludes any 130
recreational vehicle or vehicle owned or operated by a community 131
transportation coordinator as defined in s. 427.011 or by a 132
private operator that provides public transit services under 133
contract with such a provider. 134
(10) "Person" means and includes natural persons, 135
corporations, copartnerships, firms, companies, agencies, or 136
associations, singular or plural. 137
(11) "Public highway" means any public street, road, or 138
highway in this state. 139
(12) "Registrant" means a person in whose name or names a 140
vehicle is properly registered. 141
(12)(13) "Use," "uses," or "used" means the consumption of 142
diesel fuel or motor fuel in a qualified commercial motor 143
vehicle for the propulsion thereof. 144
Section 3. Section 207.003, Florida Statutes, is amended 145
to read: 146
207.003 Privilege tax levied. —A tax for the privilege of 147
operating any qualified commercial motor vehicle upon the public 148
highways of this state shall be levied upon every motor carrier 149
at a rate which includes the minimum rates provided in parts I, 150
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II, and IV of chapter 206 on each gallon of diesel fuel or motor 151
fuel used for the propulsion of a qualified commercial motor 152
vehicle by such motor carrier within the state. 153
Section 4. Section 207.004, Florida Statutes, is amended 154
to read: 155
207.004 Licensing Registration of motor carriers; fuel tax 156
decals identifying devices; fees; renewals; temporary fuel -use 157
permits and driveaway permits .— 158
(1)(a) A No motor carrier may not shall operate or cause 159
to be operated in this state any qualified commercial motor 160
vehicle, other than a Florida -based qualified commercial motor 161
vehicle that travels Florida intrastate mileage only, that uses 162
diesel fuel or motor fuel until such carrier is licensed has 163
registered with the department or has registered under the 164
International Fuel Tax Agreement a cooperative reciprocal 165
agreement as described in s. 207.0281, after such time as this 166
state enters into such agreement, and has been issued fuel tax 167
decals an identifying device or such carrier has been issued a 168
temporary fuel-use permit as authorized under subsection (4) 169
subsections (4) and (5) for each vehicle operated. The fee for 170
each set of fuel tax decals issued is There shall be a fee of $4 171
per year or any fraction thereof . A copy of the license must be 172
carried in each vehicle or made available electronically for 173
each such identifying device issued . The fuel tax decals 174
identifying device shall be provided by the department and must 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
be conspicuously displayed on the qualified commercial motor 176
vehicle as prescribed by the instructions on the reverse side of 177
the decals department while the vehicle it is being operated on 178
the public highways of this state. The transfer of a fuel tax 179
decal an identifying device from one vehicle to another vehicle 180
or from one motor carrier to a nother motor carrier is 181
prohibited. The department or its authorized agent shall issue 182
the licenses and fuel tax decals. 183
(b) The motor carrier to whom fuel tax decals have an 184
identifying device has been issued is shall be solely 185
responsible for the prope r use of the fuel tax decals 186
identifying device by its employees, consignees, or lessees. 187
(2) Fuel tax decals Identifying devices shall be issued 188
each year for the period January 1 through December 31, or any 189
portion thereof, if tax returns and tax payme nts, when 190
applicable, have been submitted to the department for all prior 191
reporting periods. Fuel tax decals Identifying devices may be 192
displayed for the next succeeding indicia period beginning 193
December 1 of each year. Beginning October 1, 2025, except as 194
otherwise authorized by the department, all fuel tax decal 195
renewal orders must be electronically submitted through an 196
online system prescribed by the department. 197
(3) If a motor carrier licensed in this state no longer 198
operates or causes to be operated i n this state any qualified a 199
commercial motor vehicle, the fuel tax decal for each motor 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
carrier that is no longer operated or caused to be operated by 201
the motor carrier identifying device shall be destroyed and the 202
motor carrier to whom the fuel tax decal was device was issued 203
must shall notify the department immediately by letter of such 204
removal and of the number of fuel tax decal the identifying 205
device that was has been destroyed. 206
(4) A motor carrier, before operating a qualified 207
commercial motor vehicle on the public highways of this state, 208
must require each motor vehicle to display a fuel tax decal an 209
identifying device as required under subsections (1) and (2) or 210
must obtain a temporary fuel -use permit for that vehicle as 211
provided in subsection (5) . A temporary fuel-use permit shall 212
expire within 10 days after date of issuance. The cost of a 213
temporary fuel-use permit is $45, and the permit exempts the 214
vehicle from the payment of the motor fuel or diesel fuel tax 215
imposed under this chapter during the t erm for which the permit 216
is valid. However, the vehicle is not exempt from paying the 217
fuel tax at the pump. 218
(5)(a) A registered motor carrier holding a valid license 219
may certificate of registration may, upon payment of the $45 fee 220
per permit, secure from the department, or any wire service 221
authorized by the department, a temporary fuel -use permit. 222
(b) The fee for a temporary fuel -use permit is $45. A 223
temporary fuel-use permit expires 10 days after the date of 224
issuance and exempts the vehicle from payment of the motor fuel 225
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tax imposed under this chapter during the period for which the 226
permit is valid. However, this paragraph does not exempt the 227
vehicle from payment at the pump of any fuel taxes imposed under 228
chapter 206. 229
(c) A blank temporary fuel-use permit, before its use, 230
must be executed by the motor carrier, in ink or type, so as to 231
identify the carrier, the vehicle to which the permit is 232
assigned, and the permit's effective date and expiration date 233
that the vehicle is placed in and remo ved from service. The 234
temporary fuel-use permit shall also show a complete 235
identification of the vehicle on which the permit is to be used, 236
together with the name and address of the owner or lessee of the 237
vehicle. The endorsed temporary fuel-use permit must shall then 238
be carried on the vehicle that it identifies and must shall be 239
exhibited on demand to any authorized personnel. Temporary fuel -240
use permits may be transmitted to the motor carrier by 241
electronic means and shall be completed as outlined by 242
department personnel prior to transmittal . 243
(d) The motor carrier to whom a temporary fuel -use permit 244
is issued shall be solely responsible for the proper use of the 245
permit by its employees, consignees, or lessees. Any erasure, 246
alteration, or unauthorized use o f a temporary fuel-use permit 247
renders shall render it invalid and of no effect. A motor 248
carrier to whom a temporary fuel -use permit is issued may not 249
knowingly allow the permit to be used by any other person or 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
organization. 251
(b) An unregistered motor car rier may, upon payment of the 252
$45 fee, secure from any wire service authorized by the 253
department, by electronic means, a temporary fuel -use permit 254
that shall be valid for a period of 10 days. Such permit must 255
show the name and address of the unregistered m otor carrier to 256
whom it is issued, the date the vehicle is placed in and removed 257
from service, a complete identification of the vehicle on which 258
the permit is to be used, and the name and address of the owner 259
or lessee of the vehicle. The temporary fuel -use permit shall 260
then be carried on the vehicle that it identifies and shall be 261
exhibited on demand to any authorized personnel. The 262
unregistered motor carrier to whom a temporary fuel -use permit 263
is issued shall be solely responsible for the proper use of th e 264
permit by its employees, consignees, or lessees. Any erasure, 265
alteration, or unauthorized use of a temporary fuel -use permit 266
shall render it invalid and of no effect. The unregistered motor 267
carrier to whom a temporary fuel -use permit is issued may not 268
knowingly allow the permit to be used by any other person or 269
organization. 270
(c) A registered motor carrier engaged in driveaway 271
transportation, in which the cargo is the vehicle itself and is 272
in transit to stock inventory and the ownership of the vehicle 273
is not vested in the motor carrier, may, upon payment of the $4 274
fee, secure from the department a driveaway permit. The 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
driveaway permits shall be issued for the period January 1 276
through December 31. An original permit must be in the 277
possession of the operat or of each vehicle and shall be 278
exhibited on demand to any authorized personnel. Vehicle mileage 279
reports must be submitted by the motor carrier, and the road 280
privilege tax must be paid on all miles operated within this 281
state during the reporting period. Al l other provisions of this 282
chapter shall apply to the holder of a driveaway permit. 283
Section 5. 207.005, Florida Statutes, is amended to read: 284
207.005 Returns and payment of tax; delinquencies; 285
calculation of fuel used during operations in the state; credit; 286
bond.— 287
(1) The taxes levied under this chapter shall be due and 288
payable on the first day of the month following the last month 289
of the reporting period. The department may promulgate rules for 290
requiring and establishing procedures for annual, semi annual, or 291
quarterly filing. The reporting period shall be the 12 months 292
beginning January 1 July 1 and ending December 31. June 30. It 293
shall be the duty of Each motor carrier licensed under 294
registered or required to be registered under the provisions of 295
this chapter must to submit a return by within 30 days after the 296
due date. the following due dates date shall be as follows : 297
(a) If annual filing, the due date is January 31 shall be 298
July 1; 299
(b) If semiannual filing, the due dates are shall be 300
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January 31 1 and July 31 1; or 301
(c) If quarterly filing, the due dates are shall be 302
January 31 1, April 30 1, July 31 1, and October 31 1, 303
304
except if the last day of the month falls on a Saturday, Sunday, 305
or legal holiday, the due date is further extended until the 306
next day that is not a Saturday, Sunday, or legal holiday . 307
(2) The amount of fuel used in the propulsion of any 308
qualified commercial motor vehicle within this state may be 309
calculated, if the motor carrier maintains adequate records, by 310
applying total interstate vehicular consumption of all diesel 311
fuel and motor fuel used as related to total miles traveled and 312
applying such rate to total miles traveled within this state. In 313
the absence of adequate documentation by the motor carrier, the 314
department is authorized to promulgate rules converting miles 315
driven to gallons used. 316
(3) For the purpose of computing the carrier's liability 317
for the fuel road privilege tax, the total gallons of fuel used 318
in the propulsion of any qualified commercial motor vehicle in 319
this state shall be multiplied by the rates provided in parts I, 320
II, and IV of chapter 206. From the sum determined by this 321
calculation, there shall be allowed a credit equal to the amount 322
of the tax per gallon under parts I, II, and IV of chapter 206 323
for each gallon of fuel purchased in this state during the 324
reporting period when the diesel fuel or motor fuel tax was paid 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
at the time of purchase. If the tax paid under parts I, II, and 326
IV of chapter 206 exceeds the total tax due under this chapter, 327
the excess may be allowed as a credit against future tax 328
payments, until the credit is fully offset or until eight 329
calendar quarters shall have passed since the end of the 330
calendar quarter in which the credit accrued, whichever occurs 331
first. A refund may be made for this credit provided it exceeds 332
$10. 333
(4) The department is authorized to promulgate the 334
necessary rules to provide for an adequate bond from each motor 335
carrier to ensure payment of taxes required under this chapter. 336
(5) Beginning October 1, 2025, e xcept as otherwise 337
authorized by the department, all returns must be submitted 338
electronically through an online system prescribed by the 339
department. 340
Section 6. 207.007, Florida Statutes, is amended to read: 341
207.007 Offenses; penalties and interest. — 342
(1) If any motor carrier licensed registered under this 343
chapter fails to file a return or and pay any tax liability 344
under this chapter within the time required hereunder, the 345
department may impose a delinquency penalty of $50 or 10 percent 346
of the delinquent taxes due, whichever is greater, if the 347
failure is for not more than 30 days, with an additional 10 348
percent penalty for each additional 30 days, or fraction 349
thereof, during the time which the failure continues, not to 350
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exceed a total penalty of 100 perc ent in the aggregate. However, 351
the penalty may not be less than $50. 352
(2) In addition to any other penalties, any delinquent tax 353
shall bear interest in accordance with the International Fuel 354
Tax Agreement at the rate of 1 percent per month, or fraction 355
thereof, calculated from the date the tax was due. If the 356
department enters into a cooperative reciprocal agreement under 357
the provisions of s. 207.0281, the department shall collect and 358
distribute all interest due to other jurisdictions at the same 359
rate as if such interest were due to the state . 360
(3) Any person who: 361
(a) Willfully refuses or neglects to make any statement, 362
report, or return required by the provisions of this chapter; 363
(b) Knowingly makes, or assists any other person in 364
making, a false stat ement in a return or report or in connection 365
with an application for licensure registration under this 366
chapter or in connection with an audit ; or 367
(c) Counterfeits, alters, manufactures, or sells fuel tax 368
licenses, fuel tax decals, or temporary fuel -use permits without 369
first having obtained the department's permission in writing; or 370
(d)(c) Violates any provision of the provisions of this 371
chapter, a penalty for which is not otherwise provided, 372
373
is guilty of a felony of the third degree, punishable as 374
provided in s. 775.082, s. 775.083, or s. 775.084. In addition, 375
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the department may revoke or suspend the licensure and 376
registration privileges under ss. 207.004 and 320.02 of the 377
violator. Each day or part thereof during which a person 378
operates or causes to be operated a qualified commercial motor 379
vehicle without being the holder of fuel tax decals an 380
identifying device or having a valid temporary fuel -use or 381
driveaway permit as required by this chapter constitutes a 382
separate offense within the meaning of this section. In addition 383
to the penalty imposed by this section, the defendant shall be 384
required to pay all taxes, interest, and penalties due to the 385
state. 386
Section 7. Section 207.008, Florida Statutes, is amended 387
to read: 388
207.008 Retention of records by motor carrier. —Each 389
licensed registered motor carrier must shall maintain and keep 390
pertinent records and papers as may be required by the 391
department for the reas onable administration of this chapter and 392
shall preserve the records upon which each quarterly tax return 393
is based for 4 years following the due date or filing date of 394
the return, whichever is later. 395
Section 8. Subsection (3) of section 207.011, Florid a 396
Statutes, is amended to read: 397
207.011 Inspection of records; hearings; forms; rules. — 398
(3) The department, or any authorized agent thereof, may 399
is authorized to examine the records, books, papers, and 400
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equipment of any motor carrier, any retail dealer of motor 401
diesel fuels, and any wholesale distributor of diesel fuels or 402
motor fuels that are deemed necessary to verify the truth and 403
accuracy of any statement , or report, or return and ascertain 404
whether the tax imposed by this chapter has been paid. 405
Section 9. Section 207.013, Florida Statutes, is amended 406
to read: 407
207.013 Suits for collection of unpaid taxes, penalties, 408
and interest.—Upon demand of the department, the Department of 409
Legal Affairs or the state attorney for a judicial circuit shall 410
bring appropriate actions, in the name of the state or in the 411
name of the Department of Highway Safety and Motor Vehicles in 412
the capacity of its office, for the recovery of taxes, 413
penalties, and interest due under this chapter; and judgment 414
shall be rendered for the amount so found to be due together 415
with costs. However, if it is shall be found as a fact that such 416
claim for, or grant of, an exemption or credit was willful on 417
the part of any motor carrier, retail dealer, or distributor of 418
diesel fuel or motor fuel, judgment shall be rendered for double 419
the amount of the tax found to be due with costs. The department 420
may employ an attorney at law to institute and prosecute proper 421
proceedings to enforce payment of the taxes, penalties, and 422
interest provided for by this chapter and may fix the 423
compensation for the services of such attorney at law. 424
Section 10. Subsection (3) of section 207.014, Florida 425
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Statutes, is amended to read: 426
207.014 Departmental warrant for collection of unpaid 427
taxes.— 428
(3) In the event there is a contest or claim of any kind 429
with reference to the property levied upon or the amount of 430
taxes, costs, or penalties due, such contest or claim shall be 431
tried in the circuit court in and for the county in which the 432
warrant was executed, as nearly as may be in the same manner and 433
means as such contest or claim would have been tried in such 434
court had the warrant originally issued upon a judgment rendered 435
by such court. The warrant issued as provided in this section 436
shall constitute prima facie evide nce of the amount of taxes, 437
interest, and penalties due to the state by the motor carrier; 438
and the burden of proof shall be upon the motor carrier, retail 439
dealer, or distributor of diesel fuel or motor fuel to show that 440
the amounts or penalties were incorr ect. 441
Section 11. Subsection (1) of section 207.019, Florida 442
Statutes, is amended to read: 443
207.019 Discontinuance or transfer of business; change of 444
address.— 445
(1) Whenever a person ceases to engage in business as a 446
motor carrier within the state by reason of the discontinuance, 447
sale, or transfer of the business of such person, the person he 448
or she shall notify the department in writing at least 10 days 449
before prior to the time the discontinuance, sale, or transfer 450
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takes effect. Such notice shall give the date of discontinuance 451
and, in the event of a sale or transfer of the business, the 452
date thereof and the name and address of the purchaser or 453
transferee. All diesel fuel or motor fuel use taxes are shall 454
become due and payable concurrently with such d iscontinuance, 455
sale, or transfer; and any such person shall, concurrently with 456
such discontinuance, sale, or transfer, make a report, pay all 457
such taxes, interest, and penalties ; and the fuel tax decals 458
must be destroyed and the motor carrier to whom the d ecals were 459
issued shall notify the department immediately by letter of 460
their destruction and of the number of fuel tax decals that were 461
destroyed, and surrender to the department the registration 462
issued to such person. 463
Section 12. Subsections (1) and (3) of section 207.023, 464
Florida Statutes, are amended to read: 465
207.023 Authority to inspect vehicles, make arrests, seize 466
property, and execute warrants. — 467
(1) As a part of their responsibility when inspecting 468
qualified commercial vehicles, the Departme nt of Highway Safety 469
and Motor Vehicles, the Department of Agriculture and Consumer 470
Services, and the Department of Transportation shall ensure that 471
all vehicles are properly qualified under the provisions of this 472
chapter. 473
(3) Qualified Commercial motor vehicles owned or operated 474
by any motor carrier who refuses to comply with this chapter may 475
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be seized by authorized agents or employees of the Department of 476
Highway Safety and Motor Vehicles, the Department of Agriculture 477
and Consumer Services, or t he Department of Transportation; or 478
authorized agents and employees of any of these departments also 479
may seize property as set out in ss. 206.205, 206.21, and 480
206.215. Upon such seizure, the property shall be surrendered 481
without delay to the sheriff of the county where the property 482
was seized for further proceedings. 483
Section 13. Subsections (1) and (6) of section 207.0821, 484
Florida Statutes, are amended to read: 485
207.0281 Registration; cooperative reciprocal agreements 486
between states.— 487
(1) The Department of Highway Safety and Motor Vehicles 488
may enter into a cooperative reciprocal agreement, including, 489
but not limited to, the International Fuel Tax fuel-tax 490
Agreement, with another state or group of states for the 491
administration of the tax imposed by thi s chapter. An agreement 492
arrangement, declaration, or amendment is not effective until 493
stated in writing and filed with the Department of Highway 494
Safety and Motor Vehicles. 495
(6) This section and the contents of any reciprocal 496
agreement entered into under t his section supersede all other 497
fuel-tax requirements of this chapter for qualified commercial 498
motor vehicles. 499
Section 14. Paragraph (aa) of subsection (7) of section 500
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212.08, Florida Statutes, is amended to read: 501
212.08 Sales, rental, use, consumptio n, distribution, and 502
storage tax; specified exemptions. —The sale at retail, the 503
rental, the use, the consumption, the distribution, and the 504
storage to be used or consumed in this state of the following 505
are hereby specifically exempt from the tax imposed by this 506
chapter. 507
(7) MISCELLANEOUS EXEMPTIONS. —Exemptions provided to any 508
entity by this chapter do not inure to any transaction that is 509
otherwise taxable under this chapter when payment is made by a 510
representative or employee of the entity by any means, 511
including, but not limited to, cash, check, or credit card, even 512
when that representative or employee is subsequently reimbursed 513
by the entity. In addition, exemptions provided to any entity by 514
this subsection do not inure to any transaction that is 515
otherwise taxable under this chapter unless the entity has 516
obtained a sales tax exemption certificate from the department 517
or the entity obtains or provides other documentation as 518
required by the department. Eligible purchases or leases made 519
with such a certificat e must be in strict compliance with this 520
subsection and departmental rules, and any person who makes an 521
exempt purchase with a certificate that is not in strict 522
compliance with this subsection and the rules is liable for and 523
shall pay the tax. The departme nt may adopt rules to administer 524
this subsection. 525
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(aa) Certain commercial vehicles. —Also exempt is the sale, 526
lease, or rental of a qualified commercial motor vehicle as 527
defined in s. 207.002, when the following conditions are met: 528
1. The sale, lease, o r rental occurs between two commonly 529
owned and controlled corporations; 530
2. Such vehicle was titled and registered in this state at 531
the time of the sale, lease, or rental; and 532
3. Florida sales tax was paid on the acquisition of such 533
vehicle by the selle r, lessor, or renter. 534
Section 15. Subsection (1) of section 316.065, Florida 535
Statutes, is amended to read: 536
316.065 Crashes; reports; penalties. — 537
(1) The driver of a vehicle involved in a crash resulting 538
in injury to or death of any persons or damage to any vehicle or 539
other property in an apparent amount of at least $1,500 $500 540
shall immediately by the quickest means of communication give 541
notice of the crash to the local police department, if such 542
crash occurs within a municipality; otherwise, to the office of 543
the county sheriff or the nearest office or station of the 544
Florida Highway Patrol. A violation of this subsection is a 545
noncriminal traffic infraction, punishable as a nonmoving 546
violation as provided in chapter 318. 547
Section 16. Paragraphs (a) and (b) of subsection (4) of 548
section 316.545, Florida Statutes, are amended to read: 549
316.545 Weight and load unlawful; special fuel and motor 550
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fuel tax enforcement; inspection; penalty; review. — 551
(4)(a) A commercial vehicle may not be operated over the 552
highways of this state unless it has been properly licensed 553
registered under s. 207.004. Whenever any law enforcement 554
officer identified in s. 207.023(1), upon inspecting the vehicle 555
or combination of vehicles, determines that the vehicle is in 556
violation of s. 207.004, a penalty in the amount of $50 shall be 557
assessed, and the vehicle may be detained until payment is 558
collected by the law enforcement officer. 559
(b) In addition to the penalty provided for in paragraph 560
(a), the vehicle may be detained until the owner or operator of 561
the vehicle furnishes evidence that the vehicle has been 562
properly licensed registered pursuant to s. 207.004. Any officer 563
of the Florida Highway Patrol or agent of the Department of 564
Transportation may issue a temporary fuel use permit and collect 565
the appropriate fee as provided for in s. 207.004(4). 566
Notwithstanding the provisions of subsection (6), all permit 567
fees collected pursuant to this paragraph shall be transferred 568
to the Department of Highway Safety and Motor Vehicles to be 569
allocated pursuant to s. 207.026. 570
Section 17. Paragraph (a) of subsection (1) of section 571
318.15, Florida Statutes, is amended to read: 572
318.15 Failure to comply with civil penalty or to appear; 573
penalty.— 574
(1)(a) If a person fails to comply with the civil 575
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penalties provided in s. 318.18 within the time period specified 576
in s. 318.14(4), fails to enter into or comply with the terms of 577
a penalty payment plan with the clerk of the court in accordance 578
with ss. 318.14 and 28.246, fails to attend driver improvemen t 579
school, or fails to appear at a scheduled hearing, the clerk of 580
the court must notify the Department of Highway Safety and Motor 581
Vehicles of such failure within 10 days after such failure. Upon 582
receipt of such notice, the department must immediately issu e an 583
order suspending the driver license and privilege to drive of 584
such person effective 20 days after the date the order of 585
suspension is provided mailed in accordance with s. 322.251(1), 586
(2), and (6). The order also must inform the person that he or 587
she may contact the clerk of the court to establish a payment 588
plan pursuant to s. 28.246(4) to make partial payments for 589
court-related fines, fees, service charges, and court costs. Any 590
such suspension of the driving privilege which has not been 591
reinstated, including a similar suspension imposed outside of 592
this state, must remain on the records of the department for a 593
period of 7 years from the date imposed and must be removed from 594
the records after the expiration of 7 years from the date it is 595
imposed. The department may not accept the resubmission of such 596
suspension. 597
Section 18. Paragraph (b) of subsection (1) of section 598
319.35, Florida Statutes, is amended to read: 599
319.35 Unlawful acts in connection with motor vehicle 600
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odometer readings; penalties. — 601
(1) 602
(b) It is unlawful for any person to knowingly provide 603
false information on the odometer readings required pursuant to 604
ss. 319.23(3) and 320.02(2)(d) 320.02(2)(b). 605
Section 19. Subsection (2) and paragraph (e) of subsection 606
(5) of section 320.02, Florida Statutes, are amended to read: 607
320.02 Registration required; application for 608
registration; forms. — 609
(2)(a) The application for registration must include the 610
street address of the owner's permanent Florida residence or the 611
address of his or her p ermanent place of business in Florida and 612
be accompanied by personal or business identification 613
information. If the vehicle is registered to an active duty 614
member of the United States Armed Forces who is a Florida 615
resident, the active duty member is exempt from the requirement 616
of providing the street address of a permanent Florida 617
residence. 618
(b) An individual applicant must provide proof of address 619
satisfactory to the department and: 620
1. A valid REAL ID driver's driver license or 621
identification card issu ed by this state or another state ; or 622
2. A valid, unexpired United States passport; or 623
3. A valid, unexpired passport issued by another country 624
and an unexpired Form I -94 issued by the United States Bureau of 625
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Customs and Border Protection. 626
627
For purposes of this paragraph, the term "REAL ID driver's 628
license or identification card" has the same meaning as provided 629
in 6 C.F.R. s. 37.3. 630
(c) A business applicant must provide a federal employer 631
identification number, if applicable, or verification th at the 632
business is authorized to conduct business in the state, or a 633
Florida municipal or county business license or number. 634
1. If the owner does not have a permanent residence or 635
permanent place of business or if the owner's permanent 636
residence or permanent place of business cannot be identified by 637
a street address, the application must include: 638
a. If the vehicle is registered to a business, the name 639
and street address of the permanent residence of an owner of the 640
business, an officer of the corporatio n, or an employee who is 641
in a supervisory position. 642
b. If the vehicle is registered to an individual, the name 643
and street address of the permanent residence of a close 644
relative or friend who is a resident of this state. 645
2. If the vehicle is registered to an active duty member 646
of the Armed Forces of the United States who is a Florida 647
resident, the active duty member is exempt from the requirement 648
to provide the street address of a permanent residence. 649
(d)(b) The department shall prescribe a form upon w hich 650
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motor vehicle owners may record odometer readings when 651
registering their motor vehicles. 652
(5) 653
(e) Upon the expiration date noted in the cancellation 654
notice that the department receives from the insurer, the 655
department shall suspend the registration, issued under this 656
chapter or the license issued under s. 207.004(1), of a motor 657
carrier who operates a commercial motor vehicle or a qualified 658
motor vehicle who permits it to be operated in this state during 659
the registration period without having in full force liability 660
insurance, a surety bond, or a valid self -insurance certificate 661
that complies with this section. The insurer shall provide 662
notice to the department at the same time the cancellation 663
notice is provided to the insured pursuant to s. 627.7281. The 664
department may adopt rules regarding the electronic submission 665
of the cancellation notice. 666
Section 20. Section 320.605, Florida Statutes, is amended 667
to read: 668
320.605 Legislative intent. —It is the intent of the 669
Legislature to protect the public h ealth, safety, and welfare of 670
the citizens of the state by regulating the licensing of motor 671
vehicle dealers and manufacturers, maintaining competition, 672
providing consumer protection and fair trade, and providing 673
those residing in economically disadvantage d areas minorities 674
with opportunities for full participation as motor vehicle 675
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dealers. Sections 320.61 -320.70 are intended to apply solely to 676
the licensing of manufacturers, factory branches, distributors, 677
and importers and do not apply to non -motor-vehicle-related 678
businesses. 679
Section 21. Subsection (3) of section 320.63, Florida 680
Statutes, is amended to read: 681
320.63 Application for license; contents. —Any person 682
desiring to be licensed pursuant to ss. 320.60 -320.70 shall make 683
application therefor to th e department upon a form containing 684
such information as the department requires. The department 685
shall require, with such application or otherwise and from time 686
to time, all of the following, which information may be 687
considered by the department in determin ing the fitness of the 688
applicant or licensee to engage in the business for which the 689
applicant or licensee desires to be licensed: 690
(3)(a) From each manufacturer, distributor, or importer 691
which utilizes an identical blanket basic agreement for its 692
dealers or distributors in this state, which agreement comprises 693
all or any part of the applicant's or licensee's agreements with 694
motor vehicle dealers in this state, a copy of the written 695
agreement and all supplements thereto, together with a list of 696
the applicant's or licensee's authorized dealers or distributors 697
and their addresses. The applicant or licensee shall further 698
notify the department immediately of the appointment of any 699
additional dealer or distributor. The applicant or licensee 700
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shall annually report to the department on its efforts to add 701
new minority dealer points in economically disadvantaged areas , 702
including difficulties encountered under ss. 320.61 -320.70. For 703
purposes of this section "minority" shall have the same meaning 704
as that given it in th e definition of "minority person" in s. 705
288.703. Not later than 60 days before the date a revision or 706
modification to a franchise agreement is offered uniformly to a 707
licensee's motor vehicle dealers in this state, the licensee 708
shall notify the department o f such revision, modification, or 709
addition to the franchise agreement on file with the department. 710
In no event may a franchise agreement, or any addendum or 711
supplement thereto, be offered to a motor vehicle dealer in this 712
state until the applicant or licen see files an affidavit with 713
the department acknowledging that the terms or provisions of the 714
agreement, or any related document, are not inconsistent with, 715
prohibited by, or contrary to the provisions contained in ss. 716
320.60-320.70. Any franchise agreement offered to a motor 717
vehicle dealer in this state shall provide that all terms and 718
conditions in such agreement inconsistent with the law and rules 719
of this state are of no force and effect. 720
(b) For purposes of paragraph (a), the term "economically 721
disadvantaged area" means a defined geographic area within the 722
state in which at least one of the following conditions exists: 723
1. The per capita income for residents within the area is 724
less than 80 percent of the per capita income in the state. 725
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2. The unemployment rate within the area was more than 1 726
percent over the unemployment rate for the state over the 727
previous 24 months. 728
Section 22. Subsection (2) of section 320.95, Florida 729
Statutes, is amended to read: 730
320.95 Transactions by electronic or telephonic means.— 731
(2) The department may collect electronic mail addresses 732
and use electronic mail in lieu of the United States Postal 733
Service to provide any notice for the purpose of providing 734
renewal notices. 735
Section 23. Subsection (44) of section 322.01, Florida 736
Statutes, is amended to read: 737
322.01 Definitions. —As used in this chapter: 738
(44) "Tank vehicle" means a vehicle that is designed to 739
transport any liquid or gaseous material within one or more 740
tanks that each have an individual rated capacity exc eeding 119 741
gallons or an aggregate rated capacity exceeding 1,000 gallons 742
and that are a tank either permanently or temporarily attached 743
to the vehicle or chassis. The term does not include a 744
commercial motor vehicle transporting an empty storage container 745
tank that is not designed for transportation, but that is 746
temporarily attached to a flatbed trailer , if such tank has a 747
designed capacity of 1,000 gallons or more . 748
Section 24. Subsection (10) of section 322.08, Florida 749
Statutes, is amended to read: 750
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322.08 Application for license; requirements for license 751
and identification card forms. — 752
(10) The department may collect electronic mail addresses 753
and use electronic mail in lieu of the United States Postal 754
Service to provide any notice for the purpose of providing 755
renewal notices. 756
Section 25. Paragraphs (b) through (e) of subsection (8) 757
of section 322.18, Florida Statutes, are redesignated as 758
paragraphs (c) through (f), respectively, and a new paragraph 759
(b) is added to that subsection, to read: 760
322.18 Original applications, licenses, and renewals; 761
expiration of licenses; delinquent licenses. — 762
(8) The department shall issue 8 -year renewals using a 763
convenience service without reexamination to drivers who have 764
not attained 80 years of age. The depart ment shall issue 6-year 765
renewals using a convenience service when the applicant has 766
satisfied the requirements of subsection (5). 767
(b) The department may provide a renewal notice by 768
electronic notification instead of using the United States mail. 769
Section 26. Subsection (4) of section 322.21, Florida 770
Statutes, is amended to read: 771
322.21 License fees; procedure for handling and collecting 772
fees.— 773
(4) If the department determines from its records or is 774
otherwise satisfied that the holder of a license a bout to expire 775
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is entitled to have it renewed, the department shall mail a 776
renewal notice to the licensee at his or her last known address, 777
within 30 days before the licensee's birthday. The department 778
may provide a renewal notice by electronic notificatio n instead 779
of using the United States mail. The licensee shall be issued a 780
renewal license, after reexamination, if required, during the 30 781
days immediately preceding his or her birthday upon presenting a 782
renewal notice, his or her current license, and the fee for 783
renewal to the department at any driver license examining 784
office. 785
Section 27. Subsection (3) of section 322.245, Florida 786
Statutes, is amended to read: 787
322.245 Suspension of license upon failure of person 788
charged with specified offense under chapter 316, chapter 320, 789
or this chapter to comply with directives ordered by traffic 790
court or upon failure to pay child support in non -IV-D cases as 791
provided in chapter 61 or failure to pay any financial 792
obligation in any other criminal case. — 793
(3) If the person fails to comply with the directives of 794
the court within the 30 -day period, or, in non -IV-D cases, fails 795
to comply with the requirements of s. 61.13016 within the period 796
specified in that statute, the depository or the clerk of the 797
court must electronically notify the department of such failure 798
within 10 days. Upon electronic receipt of the notice, the 799
department shall immediately issue an order suspending the 800
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person's driver license and privilege to drive effective 20 days 801
after the date the order of suspension is provided mailed in 802
accordance with s. 322.251(1), (2), and (6). The order of 803
suspension must also contain information specifying that the 804
person may contact the clerk of the court to establish a payment 805
plan pursuant to s. 28.246(4) to ma ke partial payments for 806
fines, fees, service charges, and court costs. 807
Section 28. Subsections (1), (2), (3), and (6) of section 808
322.251, Florida Statutes, are amended to read: 809
322.251 Notice of cancellation, suspension, revocation, or 810
disqualification of license.— 811
(1) All orders of cancellation, suspension, revocation, or 812
disqualification issued under the provisions of this chapter, 813
chapter 318, chapter 324, or ss. 627.732 -627.734 shall be given 814
either by personal delivery thereof to the licensee whose 815
license is being canceled, suspended, revoked, or disqualified ; 816
or by deposit in the United States mail in an envelope, first 817
class, postage prepaid, addressed to the licensee at his or her 818
last known mailing address furnished to the department ; or by 819
electronic notification if authorized by the licensee . Such 820
methods of notification mailing by the department constitute 821
notice constitutes notification , and any failure by the person 822
to receive the mailed order does will not affect or stay the 823
effective date or term of the cancellation, suspension, 824
revocation, or disqualification of the licensee's driving 825
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privilege. 826
(2) The giving of notice and an order of cancellation, 827
suspension, revocation, or disqualification by mail is complete 828
upon expiration of 2 0 days after electronic notification or, if 829
mailed, 20 days after deposit in the United States mail for all 830
notices except those issued under chapter 324 or ss. 627.732 –831
627.734, which are complete 15 days after electronic 832
notification or, if mailed, 15 day s after deposit in the United 833
States mail. Proof of the giving of notice and an order of 834
cancellation, suspension, revocation, or disqualification in 835
such either manner shall be made by entry in the records of the 836
department that such notice was given. The entry is admissible 837
in the courts of this state and constitutes sufficient proof 838
that such notice was given. 839
(3) Whenever the driving privilege is suspended, revoked, 840
or disqualified under the provisions of this chapter, the period 841
of such suspension, r evocation, or disqualification shall be 842
indicated on the order of suspension, revocation, or 843
disqualification, and the department shall require the licensee 844
whose driving privilege is suspended, revoked, or disqualified 845
to surrender all licenses then held by him or her to the 846
department. However, should the person fail to surrender such 847
licenses, the suspension, revocation, or disqualification period 848
shall not expire until a period identical to the period for 849
which the driving privilege was suspended, revok ed, or 850
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disqualified has expired after the date of surrender of the 851
licenses, or the date an affidavit swearing such licenses are 852
lost has been filed with the department. In any instance where 853
notice of the suspension, revocation, or disqualification order 854
is given mailed as provided herein, and the license is not 855
surrendered to the department, and such license thereafter 856
expires, the department may shall not renew that license until a 857
period of time identical to the period of such suspension, 858
revocation, or disqualification imposed has expired. 859
(6) Whenever a cancellation, suspension, revocation, or 860
disqualification occurs, the department shall enter the 861
cancellation, suspension, revocation, or disqualification order 862
on the licensee's driver file 20 days a fter electronic 863
notification or, if mailed, 20 days after the notice was 864
actually placed in the mail. Any inquiry into the file after the 865
20-day period shall reveal that the license is canceled, 866
suspended, revoked, or disqualified and whether the license h as 867
been received by the department. 868
Section 29. Subsection (4) of section 322.2616, Florida 869
Statutes, is amended to read: 870
322.2616 Suspension of license; persons under 21 years of 871
age; right to review. — 872
(4) If the department finds that the license of the person 873
should be suspended under this section and if the notice of 874
suspension has not already been served upon the person by a law 875
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enforcement officer or correctional officer as provided in 876
subsection (2), the department shall issue a notice of 877
suspension and, unless the notice is provided mailed under s. 878
322.251, a temporary driving permit that expires 10 days after 879
the date of issuance if the driver is otherwise eligible. 880
Section 30. Paragraph (c) of subsection (2) of section 881
322.292, Florida Statutes, is amended to read: 882
322.292 DUI programs supervision; powers and duties of the 883
department.— 884
(2) The department shall adopt rules to implement its 885
supervisory authority over DUI programs in accordance with the 886
procedures of chapter 120, includi ng the establishment of 887
uniform standards of operation for DUI programs and the method 888
for setting and approving fees, as follows: 889
(c) Implement procedures for the granting and revoking of 890
licenses for DUI programs, including: 891
1. A uniform application fee not to exceed $1,000 but in 892
an amount sufficient to cover the department's administrative 893
costs in processing and evaluating DUI program license 894
applications. The application fee shall not apply to programs 895
that apply for licensure to serve a county th at does not have a 896
currently licensed DUI program or where the currently licensed 897
program has relinquished its license. 898
2. In considering an application for approval of a DUI 899
program, the department shall determine whether improvements in 900
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service may be derived from the operation of the DUI program and 901
the number of clients currently served in the circuit. The 902
department shall apply the following criteria: 903
a. The increased frequency of classes and availability of 904
locations of services offered by the app licant DUI program. 905
b. Services and fees offered by the applicant DUI program 906
and any existing DUI program. 907
c. The number of DUI clients currently served and 908
historical trends in the number of clients served in the 909
circuit. 910
d. The availability, acces sibility, and service history of 911
any existing DUI program services. 912
e. The applicant DUI program's service history. 913
f. The availability of resources, including personnel, 914
demonstrated management capability, and capital and operating 915
expenditures of the applicant DUI program. 916
g. Improved services to minority and special needs clients 917
and those residing in economically disadvantaged areas . 918
3. Authority for competing applicants and currently 919
licensed DUI programs serving the same geographic area to 920
request an administrative hearing under chapter 120 to contest 921
the department's determination of need for an additional 922
licensed DUI program in that area. 923
4. A requirement that the department revoke the license of 924
any DUI program that does not provide the s ervices specified in 925
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its application within 45 days after licensure and notify the 926
chief judge of that circuit of such revocation. 927
5. A requirement that all applicants for initial licensure 928
as a DUI program in a particular circuit on and after the 929
effective date of this act must, at a minimum, satisfy each of 930
the following criteria: 931
a. Maintain a primary business office in the circuit which 932
is located in a permanent structure that is readily accessible 933
by public transportation, if public transportation is available. 934
The primary business office must be adequately staffed and 935
equipped to provide all DUI program support services, including 936
registration and a file for each person who registers for the 937
program. 938
b. Have a satellite office for registration of DUI 939
offenders in each county in the circuit which is located in a 940
permanent structure that is readily accessible by public 941
transportation, if public transportation is available. A 942
satellite office is not required in any county where the total 943
number of DUI convictions in the most recent calendar year is 944
less than 200. 945
c. Have a classroom in each county in the circuit which is 946
located in a permanent structure that is readily accessible by 947
public transportation, if public transportation is available. A 948
classroom is not required in any county where the total number 949
of DUI convictions in the most recent calendar year is less than 950
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100. A classroom may not be located within 250 feet of any 951
business that sells alcoholic beverages. However, a classroom 952
shall not be required to be relocated when a business selling 953
alcoholic beverages locates to within 250 feet of the classroom. 954
d. Have a plan for conducting all DUI education courses, 955
evaluation services, and other services required by the 956
department. The level I DUI education course must be taught in 957
four segments, with no more than 6 hours of classroom 958
instruction provided to any offender each day. 959
e. Employ at least 1 full -time certified addiction 960
professional for the program at all times. 961
f. Document support from community agencies involved in 962
DUI education and substance abuse treatment in the circuit. 963
g. Have a volunteer board of directors and advisory 964
committee made up of citizens who reside in the circuit in which 965
licensure is sought. 966
h. Submit documentation of compliance with all applicable 967
federal, state, and local laws, including, but not limited to, 968
the Americans with Disabilities Act. 969
Section 31. Subsection (3) of section 322.64, Florida 970
Statutes, is amended to read: 971
322.64 Holder of commerc ial driver license; persons 972
operating a commercial motor vehicle; driving with unlawful 973
blood-alcohol level; refusal to submit to breath, urine, or 974
blood test.— 975
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(3) If the department determines that the person arrested 976
should be disqualified from operati ng a commercial motor vehicle 977
pursuant to this section and if the notice of disqualification 978
has not already been served upon the person by a law enforcement 979
officer or correctional officer as provided in subsection (1), 980
the department shall issue a notice of disqualification and, 981
unless the notice is provided mailed pursuant to s. 322.251, a 982
temporary permit which expires 10 days after the date of 983
issuance if the driver is otherwise eligible. 984
Section 32. Subsection (1) of section 324.091, Florida 985
Statutes, is amended to read: 986
324.091 Notice to department; notice to insurer. — 987
(1) Each owner and operator involved in a crash or 988
conviction case within the purview of this chapter shall furnish 989
evidence of automobile liability insurance or motor vehi cle 990
liability insurance within 14 days after the date of providing 991
the mailing of notice of crash by the department in the form and 992
manner as it may designate. Upon receipt of evidence that an 993
automobile liability policy or motor vehicle liability policy 994
was in effect at the time of the crash or conviction case, the 995
department shall forward to the insurer such information for 996
verification in a method as determined by the department. The 997
insurer shall respond to the department within 20 days after the 998
notice whether or not such information is valid. If the 999
department determines that an automobile liability policy or 1000
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motor vehicle liability policy was not in effect and did not 1001
provide coverage for both the owner and the operator, it shall 1002
take action as it is authorized to do under this chapter. 1003
Section 33. Paragraph (c) of subsection (1) of section 1004
324.171, Florida Statutes, is amended to read: 1005
324.171 Self-insurer.— 1006
(1) Any person may qualify as a self -insurer by obtaining 1007
a certificate of self -insurance from the department which may, 1008
in its discretion and upon application of such a person, issue 1009
said certificate of self -insurance when such person has 1010
satisfied the requirements of this section to qualify as a self -1011
insurer under this section: 1012
(c) The owner of a qualified commercial motor vehicle, as 1013
defined in s. 207.002 or s. 320.01, may qualify as a self -1014
insurer subject to the standards provided for in subparagraph 1015
(b)2. 1016
Section 34. Subsection (3) of section 328.30, Florida 1017
Statutes, is amended to read: 1018
328.30 Transactions by electronic or telephonic means. — 1019
(3) The department may collect electronic mail addresses 1020
and use electronic mail in lieu of the United States Postal 1021
Service as a method of delivering notices to the owner of a 1022
vessel for the purpose of providing renewal notices . 1023
Section 35. This act shall take effect October 1, 2025. 1024