Florida 2025 Regular Session

Florida House Bill H1075 Compare Versions

Only one version of the bill is available at this time.
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1010 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
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1414 A bill to be entitled 1
1515 An act relating to the Department of Highway Safety 2
1616 and Motor Vehicles operations; amending s. 207.001, 3
1717 F.S.; revising a short title; amending s. 207.002, 4
1818 F.S.; revising definitions for the Florida Motor Fuel 5
1919 Use Tax Act; amending ss. 207.003, 207.008, 207 .013, 6
2020 207.014, 207.023, and 207.0281, F.S.; conforming 7
2121 provisions to changes made by the act; amending s. 8
2222 207.004, F.S.; requiring licensure in lieu of 9
2323 registration of motor carriers operating certain 10
2424 qualified motor vehicles; requiring qualified vehicles 11
2525 to carry copy of license or make the license available 12
2626 electronically; specifying how fuel tax decals are to 13
2727 be displayed on qualified motor vehicles; requiring 14
2828 the department or its authorized agent to issue 15
2929 licenses and fuel tax decals; requiring fuel ta x decal 16
3030 renewal orders to be submitted electronically; 17
3131 revising required contents of temporary fuel -use 18
3232 permits; deleting provisions for driveway permits; 19
3333 amending s. 207.005, F.S.; revising due dates for 20
3434 motor fuel use tax returns; requiring tax returns t o 21
3535 be submitted electronically; amending s. 207.007, 22
3636 F.S.; revising requirements for calculation of 23
3737 interest due for delinquent tax; providing penalties 24
3838 for any person who counterfeits, alters, manufactures, 25
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4747 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
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5151 or sells fuel tax licenses, fuel tax decals, or 26
5252 temporary fuel-use permits except under certain 27
5353 circumstances; amending s. 207.011, F.S.; authorizing 28
5454 the department to inspect specified documents of motor 29
5555 carriers, motor fuel retail dealers, and wholesale 30
5656 distributors to verify tax returns; amending s. 31
5757 207.019, F.S.; requiring motor carriers to destroy 32
5858 fuel tax decals under certain circumstances and notify 33
5959 the department; amending s. 212.08, F.S.; conforming 34
6060 provisions to changes made by the act; amending s. 35
6161 316.065, F.S.; revising the apparent amount of 36
6262 property damage that requires the driver of a vehicle 37
6363 involved in a crash to notify law enforcement of the 38
6464 crash; amending s. 316.545, F.S.; conforming 39
6565 provisions to changes made by the act; amending s. 40
6666 318.15, F.S.; revising methods by which the departmen t 41
6767 must issue an order suspending a driver license; 42
6868 amending s. 319.35, F.S.; conforming a cross -43
6969 reference; amending s. 320.02, F.S.; revising vehicle 44
7070 registration requirements except for certain members 45
7171 of the United States Armed Forces; requiring 46
7272 applicants to provide proof of address; revising 47
7373 requirements for documenting an applicant's address 48
7474 and proof of legal presence; defining the term "REAL 49
7575 ID driver's license or identification card"; 50
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8484 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
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8888 conforming provisions; amending s. 320.605, 320.63, 51
8989 and 322.292, F.S.; revising terminology; amending ss. 52
9090 320.95, 322.08, and 328.30, F.S.; revising the 53
9191 purposes for which the department may provide 54
9292 notification by electronic mail; amending s. 322.01, 55
9393 F.S.; revising definition of the term "tank vehicle"; 56
9494 amending ss. 322.18, 322.21, and 322.251, F.S.; 57
9595 authorizing the department to provide electronic 58
9696 notification in lieu of United States mail for 59
9797 providing certain orders and notices; amending ss. 60
9898 322.2616, 322.245, 324.171, 322.64, and 324.091, F.S.; 61
9999 conforming provisions to changes made by the act; 62
100100 providing an effective date. 63
101101 64
102102 Be It Enacted by the Legislature of the State of Florida: 65
103103 66
104104 Section 1. Section 207.001, Florida Statutes, is amended 67
105105 to read: 68
106106 207.001 Short title. —This chapter shall be known as the 69
107107 "Florida Diesel Fuel and Motor Fuel Use Tax Act of 1981," and 70
108108 the taxes levied under this chapter shall be in addition to all 71
109109 other taxes imposed by law. 72
110110 Section 2. Section 207.002, Florida Statutes, is amended 73
111111 to read: 74
112112 207.002 Definitions. —As used in this chapter, the term: 75
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121121 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
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125125 (1)(2) "Department" means the Department of Highway Safety 76
126126 and Motor Vehicles. 77
127127 (2) "International Fuel Tax Agreement" means the 78
128128 reciprocal agreement among certain states of the United States, 79
129129 provinces of Canada, and other member ju risdictions which 80
130130 provides for the administration, collection, and enforcement of 81
131131 taxes on the basis of fuel consumed, distance accrued, or both, 82
132132 in member jurisdictions. 83
133133 (3) "Diesel fuel" means any liquid product or gas product 84
134134 or combination thereof, i ncluding, but not limited to, all forms 85
135135 of fuel known or sold as diesel fuel, kerosene, butane gas, or 86
136136 propane gas and all other forms of liquefied petroleum gases, 87
137137 except those defined as "motor fuel," used to propel a motor 88
138138 vehicle. 89
139139 (4) "International Registration Plan" means a registration 90
140140 reciprocity agreement among states of the United States and 91
141141 provinces of Canada providing for payment of license fees or 92
142142 license taxes on the basis of fleet miles operated in various 93
143143 jurisdictions. 94
144144 (3)(5) "Interstate" means vehicle movement between or 95
145145 through two or more member jurisdictions states. 96
146146 (4)(6) "Intrastate" means vehicle movement from one point 97
147147 within a member jurisdiction state to another point within the 98
148148 same member jurisdiction state. 99
149149 (5) "Member jurisdiction" means a state of the United 100
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158158 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
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162162 States, province of Canada, or other jurisdiction that is a 101
163163 member of the International Fuel Tax Agreement. 102
164164 (6)(7) "Motor carrier" means any person owning, 103
165165 controlling, operating, or managing any motor vehicle us ed to 104
166166 transport persons or property over any public highway. 105
167167 (7)(8) "Motor fuel" means any fuel placed in the fuel 106
168168 supply storage unit of a qualified motor vehicle, including an 107
169169 alternative fuel such as pure methanol, ethanol, or other 108
170170 alcohol; a blend of 85 percent or more alcohol with gasoline; 109
171171 natural gas and liquified fuel produced from natural gas; 110
172172 propane; coal-derived liquified fuel; hydrogen; electricity; 111
173173 pure biodiesel (B100) fuel, other than alcohol, derived from 112
174174 biological materials; P -series fuel; or any other type of fuel 113
175175 or energy used to propel a qualified motor vehicle what is 114
176176 commonly known and sold as gasoline and fuels containing a 115
177177 mixture of gasoline and other products . 116
178178 (8)(9) "Operate," "operated," "operation," or "operating" 117
179179 means and includes the utilization in any form of any qualified 118
180180 commercial motor vehicle, whether loaded or empty, whether 119
181181 utilized for compensation or not for compensation, and whether 120
182182 owned by or leased to the motor carrier who uses it or causes it 121
183183 to be used. 122
184184 (9)(1) "Qualified Commercial motor vehicle" means any 123
185185 vehicle not owned or operated by a governmental entity which 124
186186 uses diesel fuel or motor fuel on the public highways; and which 125
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195195 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
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199199 has two axles and a gross vehicle weight or registered gross 126
200200 vehicle weight in excess of 26,000 pounds, or has three or more 127
201201 axles regardless of weight, or is used in combination when the 128
202202 weight of such combination exceeds 26,000 pounds gross vehicle 129
203203 weight or registered gross vehicle weight . The term excludes any 130
204204 recreational vehicle or vehicle owned or operated by a community 131
205205 transportation coordinator as defined in s. 427.011 or by a 132
206206 private operator that provides public transit services under 133
207207 contract with such a provider. 134
208208 (10) "Person" means and includes natural persons, 135
209209 corporations, copartnerships, firms, companies, agencies, or 136
210210 associations, singular or plural. 137
211211 (11) "Public highway" means any public street, road, or 138
212212 highway in this state. 139
213213 (12) "Registrant" means a person in whose name or names a 140
214214 vehicle is properly registered. 141
215215 (12)(13) "Use," "uses," or "used" means the consumption of 142
216216 diesel fuel or motor fuel in a qualified commercial motor 143
217217 vehicle for the propulsion thereof. 144
218218 Section 3. Section 207.003, Florida Statutes, is amended 145
219219 to read: 146
220220 207.003 Privilege tax levied. —A tax for the privilege of 147
221221 operating any qualified commercial motor vehicle upon the public 148
222222 highways of this state shall be levied upon every motor carrier 149
223223 at a rate which includes the minimum rates provided in parts I, 150
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232232 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
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236236 II, and IV of chapter 206 on each gallon of diesel fuel or motor 151
237237 fuel used for the propulsion of a qualified commercial motor 152
238238 vehicle by such motor carrier within the state. 153
239239 Section 4. Section 207.004, Florida Statutes, is amended 154
240240 to read: 155
241241 207.004 Licensing Registration of motor carriers; fuel tax 156
242242 decals identifying devices; fees; renewals; temporary fuel -use 157
243243 permits and driveaway permits .— 158
244244 (1)(a) A No motor carrier may not shall operate or cause 159
245245 to be operated in this state any qualified commercial motor 160
246246 vehicle, other than a Florida -based qualified commercial motor 161
247247 vehicle that travels Florida intrastate mileage only, that uses 162
248248 diesel fuel or motor fuel until such carrier is licensed has 163
249249 registered with the department or has registered under the 164
250250 International Fuel Tax Agreement a cooperative reciprocal 165
251251 agreement as described in s. 207.0281, after such time as this 166
252252 state enters into such agreement, and has been issued fuel tax 167
253253 decals an identifying device or such carrier has been issued a 168
254254 temporary fuel-use permit as authorized under subsection (4) 169
255255 subsections (4) and (5) for each vehicle operated. The fee for 170
256256 each set of fuel tax decals issued is There shall be a fee of $4 171
257257 per year or any fraction thereof . A copy of the license must be 172
258258 carried in each vehicle or made available electronically for 173
259259 each such identifying device issued . The fuel tax decals 174
260260 identifying device shall be provided by the department and must 175
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269269 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
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273273 be conspicuously displayed on the qualified commercial motor 176
274274 vehicle as prescribed by the instructions on the reverse side of 177
275275 the decals department while the vehicle it is being operated on 178
276276 the public highways of this state. The transfer of a fuel tax 179
277277 decal an identifying device from one vehicle to another vehicle 180
278278 or from one motor carrier to a nother motor carrier is 181
279279 prohibited. The department or its authorized agent shall issue 182
280280 the licenses and fuel tax decals. 183
281281 (b) The motor carrier to whom fuel tax decals have an 184
282282 identifying device has been issued is shall be solely 185
283283 responsible for the prope r use of the fuel tax decals 186
284284 identifying device by its employees, consignees, or lessees. 187
285285 (2) Fuel tax decals Identifying devices shall be issued 188
286286 each year for the period January 1 through December 31, or any 189
287287 portion thereof, if tax returns and tax payme nts, when 190
288288 applicable, have been submitted to the department for all prior 191
289289 reporting periods. Fuel tax decals Identifying devices may be 192
290290 displayed for the next succeeding indicia period beginning 193
291291 December 1 of each year. Beginning October 1, 2025, except as 194
292292 otherwise authorized by the department, all fuel tax decal 195
293293 renewal orders must be electronically submitted through an 196
294294 online system prescribed by the department. 197
295295 (3) If a motor carrier licensed in this state no longer 198
296296 operates or causes to be operated i n this state any qualified a 199
297297 commercial motor vehicle, the fuel tax decal for each motor 200
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306306 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
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310310 carrier that is no longer operated or caused to be operated by 201
311311 the motor carrier identifying device shall be destroyed and the 202
312312 motor carrier to whom the fuel tax decal was device was issued 203
313313 must shall notify the department immediately by letter of such 204
314314 removal and of the number of fuel tax decal the identifying 205
315315 device that was has been destroyed. 206
316316 (4) A motor carrier, before operating a qualified 207
317317 commercial motor vehicle on the public highways of this state, 208
318318 must require each motor vehicle to display a fuel tax decal an 209
319319 identifying device as required under subsections (1) and (2) or 210
320320 must obtain a temporary fuel -use permit for that vehicle as 211
321321 provided in subsection (5) . A temporary fuel-use permit shall 212
322322 expire within 10 days after date of issuance. The cost of a 213
323323 temporary fuel-use permit is $45, and the permit exempts the 214
324324 vehicle from the payment of the motor fuel or diesel fuel tax 215
325325 imposed under this chapter during the t erm for which the permit 216
326326 is valid. However, the vehicle is not exempt from paying the 217
327327 fuel tax at the pump. 218
328328 (5)(a) A registered motor carrier holding a valid license 219
329329 may certificate of registration may, upon payment of the $45 fee 220
330330 per permit, secure from the department, or any wire service 221
331331 authorized by the department, a temporary fuel -use permit. 222
332332 (b) The fee for a temporary fuel -use permit is $45. A 223
333333 temporary fuel-use permit expires 10 days after the date of 224
334334 issuance and exempts the vehicle from payment of the motor fuel 225
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343343 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
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347347 tax imposed under this chapter during the period for which the 226
348348 permit is valid. However, this paragraph does not exempt the 227
349349 vehicle from payment at the pump of any fuel taxes imposed under 228
350350 chapter 206. 229
351351 (c) A blank temporary fuel-use permit, before its use, 230
352352 must be executed by the motor carrier, in ink or type, so as to 231
353353 identify the carrier, the vehicle to which the permit is 232
354354 assigned, and the permit's effective date and expiration date 233
355355 that the vehicle is placed in and remo ved from service. The 234
356356 temporary fuel-use permit shall also show a complete 235
357357 identification of the vehicle on which the permit is to be used, 236
358358 together with the name and address of the owner or lessee of the 237
359359 vehicle. The endorsed temporary fuel-use permit must shall then 238
360360 be carried on the vehicle that it identifies and must shall be 239
361361 exhibited on demand to any authorized personnel. Temporary fuel -240
362362 use permits may be transmitted to the motor carrier by 241
363363 electronic means and shall be completed as outlined by 242
364364 department personnel prior to transmittal . 243
365365 (d) The motor carrier to whom a temporary fuel -use permit 244
366366 is issued shall be solely responsible for the proper use of the 245
367367 permit by its employees, consignees, or lessees. Any erasure, 246
368368 alteration, or unauthorized use o f a temporary fuel-use permit 247
369369 renders shall render it invalid and of no effect. A motor 248
370370 carrier to whom a temporary fuel -use permit is issued may not 249
371371 knowingly allow the permit to be used by any other person or 250
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380380 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
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384384 organization. 251
385385 (b) An unregistered motor car rier may, upon payment of the 252
386386 $45 fee, secure from any wire service authorized by the 253
387387 department, by electronic means, a temporary fuel -use permit 254
388388 that shall be valid for a period of 10 days. Such permit must 255
389389 show the name and address of the unregistered m otor carrier to 256
390390 whom it is issued, the date the vehicle is placed in and removed 257
391391 from service, a complete identification of the vehicle on which 258
392392 the permit is to be used, and the name and address of the owner 259
393393 or lessee of the vehicle. The temporary fuel -use permit shall 260
394394 then be carried on the vehicle that it identifies and shall be 261
395395 exhibited on demand to any authorized personnel. The 262
396396 unregistered motor carrier to whom a temporary fuel -use permit 263
397397 is issued shall be solely responsible for the proper use of th e 264
398398 permit by its employees, consignees, or lessees. Any erasure, 265
399399 alteration, or unauthorized use of a temporary fuel -use permit 266
400400 shall render it invalid and of no effect. The unregistered motor 267
401401 carrier to whom a temporary fuel -use permit is issued may not 268
402402 knowingly allow the permit to be used by any other person or 269
403403 organization. 270
404404 (c) A registered motor carrier engaged in driveaway 271
405405 transportation, in which the cargo is the vehicle itself and is 272
406406 in transit to stock inventory and the ownership of the vehicle 273
407407 is not vested in the motor carrier, may, upon payment of the $4 274
408408 fee, secure from the department a driveaway permit. The 275
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417417 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
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421421 driveaway permits shall be issued for the period January 1 276
422422 through December 31. An original permit must be in the 277
423423 possession of the operat or of each vehicle and shall be 278
424424 exhibited on demand to any authorized personnel. Vehicle mileage 279
425425 reports must be submitted by the motor carrier, and the road 280
426426 privilege tax must be paid on all miles operated within this 281
427427 state during the reporting period. Al l other provisions of this 282
428428 chapter shall apply to the holder of a driveaway permit. 283
429429 Section 5. 207.005, Florida Statutes, is amended to read: 284
430430 207.005 Returns and payment of tax; delinquencies; 285
431431 calculation of fuel used during operations in the state; credit; 286
432432 bond.— 287
433433 (1) The taxes levied under this chapter shall be due and 288
434434 payable on the first day of the month following the last month 289
435435 of the reporting period. The department may promulgate rules for 290
436436 requiring and establishing procedures for annual, semi annual, or 291
437437 quarterly filing. The reporting period shall be the 12 months 292
438438 beginning January 1 July 1 and ending December 31. June 30. It 293
439439 shall be the duty of Each motor carrier licensed under 294
440440 registered or required to be registered under the provisions of 295
441441 this chapter must to submit a return by within 30 days after the 296
442442 due date. the following due dates date shall be as follows : 297
443443 (a) If annual filing, the due date is January 31 shall be 298
444444 July 1; 299
445445 (b) If semiannual filing, the due dates are shall be 300
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454454 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
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458458 January 31 1 and July 31 1; or 301
459459 (c) If quarterly filing, the due dates are shall be 302
460460 January 31 1, April 30 1, July 31 1, and October 31 1, 303
461461 304
462462 except if the last day of the month falls on a Saturday, Sunday, 305
463463 or legal holiday, the due date is further extended until the 306
464464 next day that is not a Saturday, Sunday, or legal holiday . 307
465465 (2) The amount of fuel used in the propulsion of any 308
466466 qualified commercial motor vehicle within this state may be 309
467467 calculated, if the motor carrier maintains adequate records, by 310
468468 applying total interstate vehicular consumption of all diesel 311
469469 fuel and motor fuel used as related to total miles traveled and 312
470470 applying such rate to total miles traveled within this state. In 313
471471 the absence of adequate documentation by the motor carrier, the 314
472472 department is authorized to promulgate rules converting miles 315
473473 driven to gallons used. 316
474474 (3) For the purpose of computing the carrier's liability 317
475475 for the fuel road privilege tax, the total gallons of fuel used 318
476476 in the propulsion of any qualified commercial motor vehicle in 319
477477 this state shall be multiplied by the rates provided in parts I, 320
478478 II, and IV of chapter 206. From the sum determined by this 321
479479 calculation, there shall be allowed a credit equal to the amount 322
480480 of the tax per gallon under parts I, II, and IV of chapter 206 323
481481 for each gallon of fuel purchased in this state during the 324
482482 reporting period when the diesel fuel or motor fuel tax was paid 325
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491491 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
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495495 at the time of purchase. If the tax paid under parts I, II, and 326
496496 IV of chapter 206 exceeds the total tax due under this chapter, 327
497497 the excess may be allowed as a credit against future tax 328
498498 payments, until the credit is fully offset or until eight 329
499499 calendar quarters shall have passed since the end of the 330
500500 calendar quarter in which the credit accrued, whichever occurs 331
501501 first. A refund may be made for this credit provided it exceeds 332
502502 $10. 333
503503 (4) The department is authorized to promulgate the 334
504504 necessary rules to provide for an adequate bond from each motor 335
505505 carrier to ensure payment of taxes required under this chapter. 336
506506 (5) Beginning October 1, 2025, e xcept as otherwise 337
507507 authorized by the department, all returns must be submitted 338
508508 electronically through an online system prescribed by the 339
509509 department. 340
510510 Section 6. 207.007, Florida Statutes, is amended to read: 341
511511 207.007 Offenses; penalties and interest. — 342
512512 (1) If any motor carrier licensed registered under this 343
513513 chapter fails to file a return or and pay any tax liability 344
514514 under this chapter within the time required hereunder, the 345
515515 department may impose a delinquency penalty of $50 or 10 percent 346
516516 of the delinquent taxes due, whichever is greater, if the 347
517517 failure is for not more than 30 days, with an additional 10 348
518518 percent penalty for each additional 30 days, or fraction 349
519519 thereof, during the time which the failure continues, not to 350
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528528 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
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532532 exceed a total penalty of 100 perc ent in the aggregate. However, 351
533533 the penalty may not be less than $50. 352
534534 (2) In addition to any other penalties, any delinquent tax 353
535535 shall bear interest in accordance with the International Fuel 354
536536 Tax Agreement at the rate of 1 percent per month, or fraction 355
537537 thereof, calculated from the date the tax was due. If the 356
538538 department enters into a cooperative reciprocal agreement under 357
539539 the provisions of s. 207.0281, the department shall collect and 358
540540 distribute all interest due to other jurisdictions at the same 359
541541 rate as if such interest were due to the state . 360
542542 (3) Any person who: 361
543543 (a) Willfully refuses or neglects to make any statement, 362
544544 report, or return required by the provisions of this chapter; 363
545545 (b) Knowingly makes, or assists any other person in 364
546546 making, a false stat ement in a return or report or in connection 365
547547 with an application for licensure registration under this 366
548548 chapter or in connection with an audit ; or 367
549549 (c) Counterfeits, alters, manufactures, or sells fuel tax 368
550550 licenses, fuel tax decals, or temporary fuel -use permits without 369
551551 first having obtained the department's permission in writing; or 370
552552 (d)(c) Violates any provision of the provisions of this 371
553553 chapter, a penalty for which is not otherwise provided, 372
554554 373
555555 is guilty of a felony of the third degree, punishable as 374
556556 provided in s. 775.082, s. 775.083, or s. 775.084. In addition, 375
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565565 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
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569569 the department may revoke or suspend the licensure and 376
570570 registration privileges under ss. 207.004 and 320.02 of the 377
571571 violator. Each day or part thereof during which a person 378
572572 operates or causes to be operated a qualified commercial motor 379
573573 vehicle without being the holder of fuel tax decals an 380
574574 identifying device or having a valid temporary fuel -use or 381
575575 driveaway permit as required by this chapter constitutes a 382
576576 separate offense within the meaning of this section. In addition 383
577577 to the penalty imposed by this section, the defendant shall be 384
578578 required to pay all taxes, interest, and penalties due to the 385
579579 state. 386
580580 Section 7. Section 207.008, Florida Statutes, is amended 387
581581 to read: 388
582582 207.008 Retention of records by motor carrier. —Each 389
583583 licensed registered motor carrier must shall maintain and keep 390
584584 pertinent records and papers as may be required by the 391
585585 department for the reas onable administration of this chapter and 392
586586 shall preserve the records upon which each quarterly tax return 393
587587 is based for 4 years following the due date or filing date of 394
588588 the return, whichever is later. 395
589589 Section 8. Subsection (3) of section 207.011, Florid a 396
590590 Statutes, is amended to read: 397
591591 207.011 Inspection of records; hearings; forms; rules. — 398
592592 (3) The department, or any authorized agent thereof, may 399
593593 is authorized to examine the records, books, papers, and 400
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602602 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
603603
604604
605605
606606 equipment of any motor carrier, any retail dealer of motor 401
607607 diesel fuels, and any wholesale distributor of diesel fuels or 402
608608 motor fuels that are deemed necessary to verify the truth and 403
609609 accuracy of any statement , or report, or return and ascertain 404
610610 whether the tax imposed by this chapter has been paid. 405
611611 Section 9. Section 207.013, Florida Statutes, is amended 406
612612 to read: 407
613613 207.013 Suits for collection of unpaid taxes, penalties, 408
614614 and interest.—Upon demand of the department, the Department of 409
615615 Legal Affairs or the state attorney for a judicial circuit shall 410
616616 bring appropriate actions, in the name of the state or in the 411
617617 name of the Department of Highway Safety and Motor Vehicles in 412
618618 the capacity of its office, for the recovery of taxes, 413
619619 penalties, and interest due under this chapter; and judgment 414
620620 shall be rendered for the amount so found to be due together 415
621621 with costs. However, if it is shall be found as a fact that such 416
622622 claim for, or grant of, an exemption or credit was willful on 417
623623 the part of any motor carrier, retail dealer, or distributor of 418
624624 diesel fuel or motor fuel, judgment shall be rendered for double 419
625625 the amount of the tax found to be due with costs. The department 420
626626 may employ an attorney at law to institute and prosecute proper 421
627627 proceedings to enforce payment of the taxes, penalties, and 422
628628 interest provided for by this chapter and may fix the 423
629629 compensation for the services of such attorney at law. 424
630630 Section 10. Subsection (3) of section 207.014, Florida 425
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639639 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
640640
641641
642642
643643 Statutes, is amended to read: 426
644644 207.014 Departmental warrant for collection of unpaid 427
645645 taxes.— 428
646646 (3) In the event there is a contest or claim of any kind 429
647647 with reference to the property levied upon or the amount of 430
648648 taxes, costs, or penalties due, such contest or claim shall be 431
649649 tried in the circuit court in and for the county in which the 432
650650 warrant was executed, as nearly as may be in the same manner and 433
651651 means as such contest or claim would have been tried in such 434
652652 court had the warrant originally issued upon a judgment rendered 435
653653 by such court. The warrant issued as provided in this section 436
654654 shall constitute prima facie evide nce of the amount of taxes, 437
655655 interest, and penalties due to the state by the motor carrier; 438
656656 and the burden of proof shall be upon the motor carrier, retail 439
657657 dealer, or distributor of diesel fuel or motor fuel to show that 440
658658 the amounts or penalties were incorr ect. 441
659659 Section 11. Subsection (1) of section 207.019, Florida 442
660660 Statutes, is amended to read: 443
661661 207.019 Discontinuance or transfer of business; change of 444
662662 address.— 445
663663 (1) Whenever a person ceases to engage in business as a 446
664664 motor carrier within the state by reason of the discontinuance, 447
665665 sale, or transfer of the business of such person, the person he 448
666666 or she shall notify the department in writing at least 10 days 449
667667 before prior to the time the discontinuance, sale, or transfer 450
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676676 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
677677
678678
679679
680680 takes effect. Such notice shall give the date of discontinuance 451
681681 and, in the event of a sale or transfer of the business, the 452
682682 date thereof and the name and address of the purchaser or 453
683683 transferee. All diesel fuel or motor fuel use taxes are shall 454
684684 become due and payable concurrently with such d iscontinuance, 455
685685 sale, or transfer; and any such person shall, concurrently with 456
686686 such discontinuance, sale, or transfer, make a report, pay all 457
687687 such taxes, interest, and penalties ; and the fuel tax decals 458
688688 must be destroyed and the motor carrier to whom the d ecals were 459
689689 issued shall notify the department immediately by letter of 460
690690 their destruction and of the number of fuel tax decals that were 461
691691 destroyed, and surrender to the department the registration 462
692692 issued to such person. 463
693693 Section 12. Subsections (1) and (3) of section 207.023, 464
694694 Florida Statutes, are amended to read: 465
695695 207.023 Authority to inspect vehicles, make arrests, seize 466
696696 property, and execute warrants. — 467
697697 (1) As a part of their responsibility when inspecting 468
698698 qualified commercial vehicles, the Departme nt of Highway Safety 469
699699 and Motor Vehicles, the Department of Agriculture and Consumer 470
700700 Services, and the Department of Transportation shall ensure that 471
701701 all vehicles are properly qualified under the provisions of this 472
702702 chapter. 473
703703 (3) Qualified Commercial motor vehicles owned or operated 474
704704 by any motor carrier who refuses to comply with this chapter may 475
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713713 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
714714
715715
716716
717717 be seized by authorized agents or employees of the Department of 476
718718 Highway Safety and Motor Vehicles, the Department of Agriculture 477
719719 and Consumer Services, or t he Department of Transportation; or 478
720720 authorized agents and employees of any of these departments also 479
721721 may seize property as set out in ss. 206.205, 206.21, and 480
722722 206.215. Upon such seizure, the property shall be surrendered 481
723723 without delay to the sheriff of the county where the property 482
724724 was seized for further proceedings. 483
725725 Section 13. Subsections (1) and (6) of section 207.0821, 484
726726 Florida Statutes, are amended to read: 485
727727 207.0281 Registration; cooperative reciprocal agreements 486
728728 between states.— 487
729729 (1) The Department of Highway Safety and Motor Vehicles 488
730730 may enter into a cooperative reciprocal agreement, including, 489
731731 but not limited to, the International Fuel Tax fuel-tax 490
732732 Agreement, with another state or group of states for the 491
733733 administration of the tax imposed by thi s chapter. An agreement 492
734734 arrangement, declaration, or amendment is not effective until 493
735735 stated in writing and filed with the Department of Highway 494
736736 Safety and Motor Vehicles. 495
737737 (6) This section and the contents of any reciprocal 496
738738 agreement entered into under t his section supersede all other 497
739739 fuel-tax requirements of this chapter for qualified commercial 498
740740 motor vehicles. 499
741741 Section 14. Paragraph (aa) of subsection (7) of section 500
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750750 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
751751
752752
753753
754754 212.08, Florida Statutes, is amended to read: 501
755755 212.08 Sales, rental, use, consumptio n, distribution, and 502
756756 storage tax; specified exemptions. —The sale at retail, the 503
757757 rental, the use, the consumption, the distribution, and the 504
758758 storage to be used or consumed in this state of the following 505
759759 are hereby specifically exempt from the tax imposed by this 506
760760 chapter. 507
761761 (7) MISCELLANEOUS EXEMPTIONS. —Exemptions provided to any 508
762762 entity by this chapter do not inure to any transaction that is 509
763763 otherwise taxable under this chapter when payment is made by a 510
764764 representative or employee of the entity by any means, 511
765765 including, but not limited to, cash, check, or credit card, even 512
766766 when that representative or employee is subsequently reimbursed 513
767767 by the entity. In addition, exemptions provided to any entity by 514
768768 this subsection do not inure to any transaction that is 515
769769 otherwise taxable under this chapter unless the entity has 516
770770 obtained a sales tax exemption certificate from the department 517
771771 or the entity obtains or provides other documentation as 518
772772 required by the department. Eligible purchases or leases made 519
773773 with such a certificat e must be in strict compliance with this 520
774774 subsection and departmental rules, and any person who makes an 521
775775 exempt purchase with a certificate that is not in strict 522
776776 compliance with this subsection and the rules is liable for and 523
777777 shall pay the tax. The departme nt may adopt rules to administer 524
778778 this subsection. 525
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787787 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
788788
789789
790790
791791 (aa) Certain commercial vehicles. —Also exempt is the sale, 526
792792 lease, or rental of a qualified commercial motor vehicle as 527
793793 defined in s. 207.002, when the following conditions are met: 528
794794 1. The sale, lease, o r rental occurs between two commonly 529
795795 owned and controlled corporations; 530
796796 2. Such vehicle was titled and registered in this state at 531
797797 the time of the sale, lease, or rental; and 532
798798 3. Florida sales tax was paid on the acquisition of such 533
799799 vehicle by the selle r, lessor, or renter. 534
800800 Section 15. Subsection (1) of section 316.065, Florida 535
801801 Statutes, is amended to read: 536
802802 316.065 Crashes; reports; penalties. — 537
803803 (1) The driver of a vehicle involved in a crash resulting 538
804804 in injury to or death of any persons or damage to any vehicle or 539
805805 other property in an apparent amount of at least $1,500 $500 540
806806 shall immediately by the quickest means of communication give 541
807807 notice of the crash to the local police department, if such 542
808808 crash occurs within a municipality; otherwise, to the office of 543
809809 the county sheriff or the nearest office or station of the 544
810810 Florida Highway Patrol. A violation of this subsection is a 545
811811 noncriminal traffic infraction, punishable as a nonmoving 546
812812 violation as provided in chapter 318. 547
813813 Section 16. Paragraphs (a) and (b) of subsection (4) of 548
814814 section 316.545, Florida Statutes, are amended to read: 549
815815 316.545 Weight and load unlawful; special fuel and motor 550
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824824 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
825825
826826
827827
828828 fuel tax enforcement; inspection; penalty; review. — 551
829829 (4)(a) A commercial vehicle may not be operated over the 552
830830 highways of this state unless it has been properly licensed 553
831831 registered under s. 207.004. Whenever any law enforcement 554
832832 officer identified in s. 207.023(1), upon inspecting the vehicle 555
833833 or combination of vehicles, determines that the vehicle is in 556
834834 violation of s. 207.004, a penalty in the amount of $50 shall be 557
835835 assessed, and the vehicle may be detained until payment is 558
836836 collected by the law enforcement officer. 559
837837 (b) In addition to the penalty provided for in paragraph 560
838838 (a), the vehicle may be detained until the owner or operator of 561
839839 the vehicle furnishes evidence that the vehicle has been 562
840840 properly licensed registered pursuant to s. 207.004. Any officer 563
841841 of the Florida Highway Patrol or agent of the Department of 564
842842 Transportation may issue a temporary fuel use permit and collect 565
843843 the appropriate fee as provided for in s. 207.004(4). 566
844844 Notwithstanding the provisions of subsection (6), all permit 567
845845 fees collected pursuant to this paragraph shall be transferred 568
846846 to the Department of Highway Safety and Motor Vehicles to be 569
847847 allocated pursuant to s. 207.026. 570
848848 Section 17. Paragraph (a) of subsection (1) of section 571
849849 318.15, Florida Statutes, is amended to read: 572
850850 318.15 Failure to comply with civil penalty or to appear; 573
851851 penalty.— 574
852852 (1)(a) If a person fails to comply with the civil 575
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861861 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
862862
863863
864864
865865 penalties provided in s. 318.18 within the time period specified 576
866866 in s. 318.14(4), fails to enter into or comply with the terms of 577
867867 a penalty payment plan with the clerk of the court in accordance 578
868868 with ss. 318.14 and 28.246, fails to attend driver improvemen t 579
869869 school, or fails to appear at a scheduled hearing, the clerk of 580
870870 the court must notify the Department of Highway Safety and Motor 581
871871 Vehicles of such failure within 10 days after such failure. Upon 582
872872 receipt of such notice, the department must immediately issu e an 583
873873 order suspending the driver license and privilege to drive of 584
874874 such person effective 20 days after the date the order of 585
875875 suspension is provided mailed in accordance with s. 322.251(1), 586
876876 (2), and (6). The order also must inform the person that he or 587
877877 she may contact the clerk of the court to establish a payment 588
878878 plan pursuant to s. 28.246(4) to make partial payments for 589
879879 court-related fines, fees, service charges, and court costs. Any 590
880880 such suspension of the driving privilege which has not been 591
881881 reinstated, including a similar suspension imposed outside of 592
882882 this state, must remain on the records of the department for a 593
883883 period of 7 years from the date imposed and must be removed from 594
884884 the records after the expiration of 7 years from the date it is 595
885885 imposed. The department may not accept the resubmission of such 596
886886 suspension. 597
887887 Section 18. Paragraph (b) of subsection (1) of section 598
888888 319.35, Florida Statutes, is amended to read: 599
889889 319.35 Unlawful acts in connection with motor vehicle 600
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898898 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
899899
900900
901901
902902 odometer readings; penalties. — 601
903903 (1) 602
904904 (b) It is unlawful for any person to knowingly provide 603
905905 false information on the odometer readings required pursuant to 604
906906 ss. 319.23(3) and 320.02(2)(d) 320.02(2)(b). 605
907907 Section 19. Subsection (2) and paragraph (e) of subsection 606
908908 (5) of section 320.02, Florida Statutes, are amended to read: 607
909909 320.02 Registration required; application for 608
910910 registration; forms. — 609
911911 (2)(a) The application for registration must include the 610
912912 street address of the owner's permanent Florida residence or the 611
913913 address of his or her p ermanent place of business in Florida and 612
914914 be accompanied by personal or business identification 613
915915 information. If the vehicle is registered to an active duty 614
916916 member of the United States Armed Forces who is a Florida 615
917917 resident, the active duty member is exempt from the requirement 616
918918 of providing the street address of a permanent Florida 617
919919 residence. 618
920920 (b) An individual applicant must provide proof of address 619
921921 satisfactory to the department and: 620
922922 1. A valid REAL ID driver's driver license or 621
923923 identification card issu ed by this state or another state ; or 622
924924 2. A valid, unexpired United States passport; or 623
925925 3. A valid, unexpired passport issued by another country 624
926926 and an unexpired Form I -94 issued by the United States Bureau of 625
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935935 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
936936
937937
938938
939939 Customs and Border Protection. 626
940940 627
941941 For purposes of this paragraph, the term "REAL ID driver's 628
942942 license or identification card" has the same meaning as provided 629
943943 in 6 C.F.R. s. 37.3. 630
944944 (c) A business applicant must provide a federal employer 631
945945 identification number, if applicable, or verification th at the 632
946946 business is authorized to conduct business in the state, or a 633
947947 Florida municipal or county business license or number. 634
948948 1. If the owner does not have a permanent residence or 635
949949 permanent place of business or if the owner's permanent 636
950950 residence or permanent place of business cannot be identified by 637
951951 a street address, the application must include: 638
952952 a. If the vehicle is registered to a business, the name 639
953953 and street address of the permanent residence of an owner of the 640
954954 business, an officer of the corporatio n, or an employee who is 641
955955 in a supervisory position. 642
956956 b. If the vehicle is registered to an individual, the name 643
957957 and street address of the permanent residence of a close 644
958958 relative or friend who is a resident of this state. 645
959959 2. If the vehicle is registered to an active duty member 646
960960 of the Armed Forces of the United States who is a Florida 647
961961 resident, the active duty member is exempt from the requirement 648
962962 to provide the street address of a permanent residence. 649
963963 (d)(b) The department shall prescribe a form upon w hich 650
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972972 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
973973
974974
975975
976976 motor vehicle owners may record odometer readings when 651
977977 registering their motor vehicles. 652
978978 (5) 653
979979 (e) Upon the expiration date noted in the cancellation 654
980980 notice that the department receives from the insurer, the 655
981981 department shall suspend the registration, issued under this 656
982982 chapter or the license issued under s. 207.004(1), of a motor 657
983983 carrier who operates a commercial motor vehicle or a qualified 658
984984 motor vehicle who permits it to be operated in this state during 659
985985 the registration period without having in full force liability 660
986986 insurance, a surety bond, or a valid self -insurance certificate 661
987987 that complies with this section. The insurer shall provide 662
988988 notice to the department at the same time the cancellation 663
989989 notice is provided to the insured pursuant to s. 627.7281. The 664
990990 department may adopt rules regarding the electronic submission 665
991991 of the cancellation notice. 666
992992 Section 20. Section 320.605, Florida Statutes, is amended 667
993993 to read: 668
994994 320.605 Legislative intent. —It is the intent of the 669
995995 Legislature to protect the public h ealth, safety, and welfare of 670
996996 the citizens of the state by regulating the licensing of motor 671
997997 vehicle dealers and manufacturers, maintaining competition, 672
998998 providing consumer protection and fair trade, and providing 673
999999 those residing in economically disadvantage d areas minorities 674
10001000 with opportunities for full participation as motor vehicle 675
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10091009 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
10101010
10111011
10121012
10131013 dealers. Sections 320.61 -320.70 are intended to apply solely to 676
10141014 the licensing of manufacturers, factory branches, distributors, 677
10151015 and importers and do not apply to non -motor-vehicle-related 678
10161016 businesses. 679
10171017 Section 21. Subsection (3) of section 320.63, Florida 680
10181018 Statutes, is amended to read: 681
10191019 320.63 Application for license; contents. —Any person 682
10201020 desiring to be licensed pursuant to ss. 320.60 -320.70 shall make 683
10211021 application therefor to th e department upon a form containing 684
10221022 such information as the department requires. The department 685
10231023 shall require, with such application or otherwise and from time 686
10241024 to time, all of the following, which information may be 687
10251025 considered by the department in determin ing the fitness of the 688
10261026 applicant or licensee to engage in the business for which the 689
10271027 applicant or licensee desires to be licensed: 690
10281028 (3)(a) From each manufacturer, distributor, or importer 691
10291029 which utilizes an identical blanket basic agreement for its 692
10301030 dealers or distributors in this state, which agreement comprises 693
10311031 all or any part of the applicant's or licensee's agreements with 694
10321032 motor vehicle dealers in this state, a copy of the written 695
10331033 agreement and all supplements thereto, together with a list of 696
10341034 the applicant's or licensee's authorized dealers or distributors 697
10351035 and their addresses. The applicant or licensee shall further 698
10361036 notify the department immediately of the appointment of any 699
10371037 additional dealer or distributor. The applicant or licensee 700
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10461046 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
10471047
10481048
10491049
10501050 shall annually report to the department on its efforts to add 701
10511051 new minority dealer points in economically disadvantaged areas , 702
10521052 including difficulties encountered under ss. 320.61 -320.70. For 703
10531053 purposes of this section "minority" shall have the same meaning 704
10541054 as that given it in th e definition of "minority person" in s. 705
10551055 288.703. Not later than 60 days before the date a revision or 706
10561056 modification to a franchise agreement is offered uniformly to a 707
10571057 licensee's motor vehicle dealers in this state, the licensee 708
10581058 shall notify the department o f such revision, modification, or 709
10591059 addition to the franchise agreement on file with the department. 710
10601060 In no event may a franchise agreement, or any addendum or 711
10611061 supplement thereto, be offered to a motor vehicle dealer in this 712
10621062 state until the applicant or licen see files an affidavit with 713
10631063 the department acknowledging that the terms or provisions of the 714
10641064 agreement, or any related document, are not inconsistent with, 715
10651065 prohibited by, or contrary to the provisions contained in ss. 716
10661066 320.60-320.70. Any franchise agreement offered to a motor 717
10671067 vehicle dealer in this state shall provide that all terms and 718
10681068 conditions in such agreement inconsistent with the law and rules 719
10691069 of this state are of no force and effect. 720
10701070 (b) For purposes of paragraph (a), the term "economically 721
10711071 disadvantaged area" means a defined geographic area within the 722
10721072 state in which at least one of the following conditions exists: 723
10731073 1. The per capita income for residents within the area is 724
10741074 less than 80 percent of the per capita income in the state. 725
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10831083 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
10841084
10851085
10861086
10871087 2. The unemployment rate within the area was more than 1 726
10881088 percent over the unemployment rate for the state over the 727
10891089 previous 24 months. 728
10901090 Section 22. Subsection (2) of section 320.95, Florida 729
10911091 Statutes, is amended to read: 730
10921092 320.95 Transactions by electronic or telephonic means.— 731
10931093 (2) The department may collect electronic mail addresses 732
10941094 and use electronic mail in lieu of the United States Postal 733
10951095 Service to provide any notice for the purpose of providing 734
10961096 renewal notices. 735
10971097 Section 23. Subsection (44) of section 322.01, Florida 736
10981098 Statutes, is amended to read: 737
10991099 322.01 Definitions. —As used in this chapter: 738
11001100 (44) "Tank vehicle" means a vehicle that is designed to 739
11011101 transport any liquid or gaseous material within one or more 740
11021102 tanks that each have an individual rated capacity exc eeding 119 741
11031103 gallons or an aggregate rated capacity exceeding 1,000 gallons 742
11041104 and that are a tank either permanently or temporarily attached 743
11051105 to the vehicle or chassis. The term does not include a 744
11061106 commercial motor vehicle transporting an empty storage container 745
11071107 tank that is not designed for transportation, but that is 746
11081108 temporarily attached to a flatbed trailer , if such tank has a 747
11091109 designed capacity of 1,000 gallons or more . 748
11101110 Section 24. Subsection (10) of section 322.08, Florida 749
11111111 Statutes, is amended to read: 750
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11201120 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
11211121
11221122
11231123
11241124 322.08 Application for license; requirements for license 751
11251125 and identification card forms. — 752
11261126 (10) The department may collect electronic mail addresses 753
11271127 and use electronic mail in lieu of the United States Postal 754
11281128 Service to provide any notice for the purpose of providing 755
11291129 renewal notices. 756
11301130 Section 25. Paragraphs (b) through (e) of subsection (8) 757
11311131 of section 322.18, Florida Statutes, are redesignated as 758
11321132 paragraphs (c) through (f), respectively, and a new paragraph 759
11331133 (b) is added to that subsection, to read: 760
11341134 322.18 Original applications, licenses, and renewals; 761
11351135 expiration of licenses; delinquent licenses. — 762
11361136 (8) The department shall issue 8 -year renewals using a 763
11371137 convenience service without reexamination to drivers who have 764
11381138 not attained 80 years of age. The depart ment shall issue 6-year 765
11391139 renewals using a convenience service when the applicant has 766
11401140 satisfied the requirements of subsection (5). 767
11411141 (b) The department may provide a renewal notice by 768
11421142 electronic notification instead of using the United States mail. 769
11431143 Section 26. Subsection (4) of section 322.21, Florida 770
11441144 Statutes, is amended to read: 771
11451145 322.21 License fees; procedure for handling and collecting 772
11461146 fees.— 773
11471147 (4) If the department determines from its records or is 774
11481148 otherwise satisfied that the holder of a license a bout to expire 775
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11571157 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
11581158
11591159
11601160
11611161 is entitled to have it renewed, the department shall mail a 776
11621162 renewal notice to the licensee at his or her last known address, 777
11631163 within 30 days before the licensee's birthday. The department 778
11641164 may provide a renewal notice by electronic notificatio n instead 779
11651165 of using the United States mail. The licensee shall be issued a 780
11661166 renewal license, after reexamination, if required, during the 30 781
11671167 days immediately preceding his or her birthday upon presenting a 782
11681168 renewal notice, his or her current license, and the fee for 783
11691169 renewal to the department at any driver license examining 784
11701170 office. 785
11711171 Section 27. Subsection (3) of section 322.245, Florida 786
11721172 Statutes, is amended to read: 787
11731173 322.245 Suspension of license upon failure of person 788
11741174 charged with specified offense under chapter 316, chapter 320, 789
11751175 or this chapter to comply with directives ordered by traffic 790
11761176 court or upon failure to pay child support in non -IV-D cases as 791
11771177 provided in chapter 61 or failure to pay any financial 792
11781178 obligation in any other criminal case. — 793
11791179 (3) If the person fails to comply with the directives of 794
11801180 the court within the 30 -day period, or, in non -IV-D cases, fails 795
11811181 to comply with the requirements of s. 61.13016 within the period 796
11821182 specified in that statute, the depository or the clerk of the 797
11831183 court must electronically notify the department of such failure 798
11841184 within 10 days. Upon electronic receipt of the notice, the 799
11851185 department shall immediately issue an order suspending the 800
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11941194 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
11951195
11961196
11971197
11981198 person's driver license and privilege to drive effective 20 days 801
11991199 after the date the order of suspension is provided mailed in 802
12001200 accordance with s. 322.251(1), (2), and (6). The order of 803
12011201 suspension must also contain information specifying that the 804
12021202 person may contact the clerk of the court to establish a payment 805
12031203 plan pursuant to s. 28.246(4) to ma ke partial payments for 806
12041204 fines, fees, service charges, and court costs. 807
12051205 Section 28. Subsections (1), (2), (3), and (6) of section 808
12061206 322.251, Florida Statutes, are amended to read: 809
12071207 322.251 Notice of cancellation, suspension, revocation, or 810
12081208 disqualification of license.— 811
12091209 (1) All orders of cancellation, suspension, revocation, or 812
12101210 disqualification issued under the provisions of this chapter, 813
12111211 chapter 318, chapter 324, or ss. 627.732 -627.734 shall be given 814
12121212 either by personal delivery thereof to the licensee whose 815
12131213 license is being canceled, suspended, revoked, or disqualified ; 816
12141214 or by deposit in the United States mail in an envelope, first 817
12151215 class, postage prepaid, addressed to the licensee at his or her 818
12161216 last known mailing address furnished to the department ; or by 819
12171217 electronic notification if authorized by the licensee . Such 820
12181218 methods of notification mailing by the department constitute 821
12191219 notice constitutes notification , and any failure by the person 822
12201220 to receive the mailed order does will not affect or stay the 823
12211221 effective date or term of the cancellation, suspension, 824
12221222 revocation, or disqualification of the licensee's driving 825
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12311231 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
12321232
12331233
12341234
12351235 privilege. 826
12361236 (2) The giving of notice and an order of cancellation, 827
12371237 suspension, revocation, or disqualification by mail is complete 828
12381238 upon expiration of 2 0 days after electronic notification or, if 829
12391239 mailed, 20 days after deposit in the United States mail for all 830
12401240 notices except those issued under chapter 324 or ss. 627.732 –831
12411241 627.734, which are complete 15 days after electronic 832
12421242 notification or, if mailed, 15 day s after deposit in the United 833
12431243 States mail. Proof of the giving of notice and an order of 834
12441244 cancellation, suspension, revocation, or disqualification in 835
12451245 such either manner shall be made by entry in the records of the 836
12461246 department that such notice was given. The entry is admissible 837
12471247 in the courts of this state and constitutes sufficient proof 838
12481248 that such notice was given. 839
12491249 (3) Whenever the driving privilege is suspended, revoked, 840
12501250 or disqualified under the provisions of this chapter, the period 841
12511251 of such suspension, r evocation, or disqualification shall be 842
12521252 indicated on the order of suspension, revocation, or 843
12531253 disqualification, and the department shall require the licensee 844
12541254 whose driving privilege is suspended, revoked, or disqualified 845
12551255 to surrender all licenses then held by him or her to the 846
12561256 department. However, should the person fail to surrender such 847
12571257 licenses, the suspension, revocation, or disqualification period 848
12581258 shall not expire until a period identical to the period for 849
12591259 which the driving privilege was suspended, revok ed, or 850
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12681268 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
12691269
12701270
12711271
12721272 disqualified has expired after the date of surrender of the 851
12731273 licenses, or the date an affidavit swearing such licenses are 852
12741274 lost has been filed with the department. In any instance where 853
12751275 notice of the suspension, revocation, or disqualification order 854
12761276 is given mailed as provided herein, and the license is not 855
12771277 surrendered to the department, and such license thereafter 856
12781278 expires, the department may shall not renew that license until a 857
12791279 period of time identical to the period of such suspension, 858
12801280 revocation, or disqualification imposed has expired. 859
12811281 (6) Whenever a cancellation, suspension, revocation, or 860
12821282 disqualification occurs, the department shall enter the 861
12831283 cancellation, suspension, revocation, or disqualification order 862
12841284 on the licensee's driver file 20 days a fter electronic 863
12851285 notification or, if mailed, 20 days after the notice was 864
12861286 actually placed in the mail. Any inquiry into the file after the 865
12871287 20-day period shall reveal that the license is canceled, 866
12881288 suspended, revoked, or disqualified and whether the license h as 867
12891289 been received by the department. 868
12901290 Section 29. Subsection (4) of section 322.2616, Florida 869
12911291 Statutes, is amended to read: 870
12921292 322.2616 Suspension of license; persons under 21 years of 871
12931293 age; right to review. — 872
12941294 (4) If the department finds that the license of the person 873
12951295 should be suspended under this section and if the notice of 874
12961296 suspension has not already been served upon the person by a law 875
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13051305 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
13061306
13071307
13081308
13091309 enforcement officer or correctional officer as provided in 876
13101310 subsection (2), the department shall issue a notice of 877
13111311 suspension and, unless the notice is provided mailed under s. 878
13121312 322.251, a temporary driving permit that expires 10 days after 879
13131313 the date of issuance if the driver is otherwise eligible. 880
13141314 Section 30. Paragraph (c) of subsection (2) of section 881
13151315 322.292, Florida Statutes, is amended to read: 882
13161316 322.292 DUI programs supervision; powers and duties of the 883
13171317 department.— 884
13181318 (2) The department shall adopt rules to implement its 885
13191319 supervisory authority over DUI programs in accordance with the 886
13201320 procedures of chapter 120, includi ng the establishment of 887
13211321 uniform standards of operation for DUI programs and the method 888
13221322 for setting and approving fees, as follows: 889
13231323 (c) Implement procedures for the granting and revoking of 890
13241324 licenses for DUI programs, including: 891
13251325 1. A uniform application fee not to exceed $1,000 but in 892
13261326 an amount sufficient to cover the department's administrative 893
13271327 costs in processing and evaluating DUI program license 894
13281328 applications. The application fee shall not apply to programs 895
13291329 that apply for licensure to serve a county th at does not have a 896
13301330 currently licensed DUI program or where the currently licensed 897
13311331 program has relinquished its license. 898
13321332 2. In considering an application for approval of a DUI 899
13331333 program, the department shall determine whether improvements in 900
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13421342 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
13431343
13441344
13451345
13461346 service may be derived from the operation of the DUI program and 901
13471347 the number of clients currently served in the circuit. The 902
13481348 department shall apply the following criteria: 903
13491349 a. The increased frequency of classes and availability of 904
13501350 locations of services offered by the app licant DUI program. 905
13511351 b. Services and fees offered by the applicant DUI program 906
13521352 and any existing DUI program. 907
13531353 c. The number of DUI clients currently served and 908
13541354 historical trends in the number of clients served in the 909
13551355 circuit. 910
13561356 d. The availability, acces sibility, and service history of 911
13571357 any existing DUI program services. 912
13581358 e. The applicant DUI program's service history. 913
13591359 f. The availability of resources, including personnel, 914
13601360 demonstrated management capability, and capital and operating 915
13611361 expenditures of the applicant DUI program. 916
13621362 g. Improved services to minority and special needs clients 917
13631363 and those residing in economically disadvantaged areas . 918
13641364 3. Authority for competing applicants and currently 919
13651365 licensed DUI programs serving the same geographic area to 920
13661366 request an administrative hearing under chapter 120 to contest 921
13671367 the department's determination of need for an additional 922
13681368 licensed DUI program in that area. 923
13691369 4. A requirement that the department revoke the license of 924
13701370 any DUI program that does not provide the s ervices specified in 925
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13791379 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
13801380
13811381
13821382
13831383 its application within 45 days after licensure and notify the 926
13841384 chief judge of that circuit of such revocation. 927
13851385 5. A requirement that all applicants for initial licensure 928
13861386 as a DUI program in a particular circuit on and after the 929
13871387 effective date of this act must, at a minimum, satisfy each of 930
13881388 the following criteria: 931
13891389 a. Maintain a primary business office in the circuit which 932
13901390 is located in a permanent structure that is readily accessible 933
13911391 by public transportation, if public transportation is available. 934
13921392 The primary business office must be adequately staffed and 935
13931393 equipped to provide all DUI program support services, including 936
13941394 registration and a file for each person who registers for the 937
13951395 program. 938
13961396 b. Have a satellite office for registration of DUI 939
13971397 offenders in each county in the circuit which is located in a 940
13981398 permanent structure that is readily accessible by public 941
13991399 transportation, if public transportation is available. A 942
14001400 satellite office is not required in any county where the total 943
14011401 number of DUI convictions in the most recent calendar year is 944
14021402 less than 200. 945
14031403 c. Have a classroom in each county in the circuit which is 946
14041404 located in a permanent structure that is readily accessible by 947
14051405 public transportation, if public transportation is available. A 948
14061406 classroom is not required in any county where the total number 949
14071407 of DUI convictions in the most recent calendar year is less than 950
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14161416 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
14171417
14181418
14191419
14201420 100. A classroom may not be located within 250 feet of any 951
14211421 business that sells alcoholic beverages. However, a classroom 952
14221422 shall not be required to be relocated when a business selling 953
14231423 alcoholic beverages locates to within 250 feet of the classroom. 954
14241424 d. Have a plan for conducting all DUI education courses, 955
14251425 evaluation services, and other services required by the 956
14261426 department. The level I DUI education course must be taught in 957
14271427 four segments, with no more than 6 hours of classroom 958
14281428 instruction provided to any offender each day. 959
14291429 e. Employ at least 1 full -time certified addiction 960
14301430 professional for the program at all times. 961
14311431 f. Document support from community agencies involved in 962
14321432 DUI education and substance abuse treatment in the circuit. 963
14331433 g. Have a volunteer board of directors and advisory 964
14341434 committee made up of citizens who reside in the circuit in which 965
14351435 licensure is sought. 966
14361436 h. Submit documentation of compliance with all applicable 967
14371437 federal, state, and local laws, including, but not limited to, 968
14381438 the Americans with Disabilities Act. 969
14391439 Section 31. Subsection (3) of section 322.64, Florida 970
14401440 Statutes, is amended to read: 971
14411441 322.64 Holder of commerc ial driver license; persons 972
14421442 operating a commercial motor vehicle; driving with unlawful 973
14431443 blood-alcohol level; refusal to submit to breath, urine, or 974
14441444 blood test.— 975
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14531453 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
14541454
14551455
14561456
14571457 (3) If the department determines that the person arrested 976
14581458 should be disqualified from operati ng a commercial motor vehicle 977
14591459 pursuant to this section and if the notice of disqualification 978
14601460 has not already been served upon the person by a law enforcement 979
14611461 officer or correctional officer as provided in subsection (1), 980
14621462 the department shall issue a notice of disqualification and, 981
14631463 unless the notice is provided mailed pursuant to s. 322.251, a 982
14641464 temporary permit which expires 10 days after the date of 983
14651465 issuance if the driver is otherwise eligible. 984
14661466 Section 32. Subsection (1) of section 324.091, Florida 985
14671467 Statutes, is amended to read: 986
14681468 324.091 Notice to department; notice to insurer. — 987
14691469 (1) Each owner and operator involved in a crash or 988
14701470 conviction case within the purview of this chapter shall furnish 989
14711471 evidence of automobile liability insurance or motor vehi cle 990
14721472 liability insurance within 14 days after the date of providing 991
14731473 the mailing of notice of crash by the department in the form and 992
14741474 manner as it may designate. Upon receipt of evidence that an 993
14751475 automobile liability policy or motor vehicle liability policy 994
14761476 was in effect at the time of the crash or conviction case, the 995
14771477 department shall forward to the insurer such information for 996
14781478 verification in a method as determined by the department. The 997
14791479 insurer shall respond to the department within 20 days after the 998
14801480 notice whether or not such information is valid. If the 999
14811481 department determines that an automobile liability policy or 1000
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14901490 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
14911491
14921492
14931493
14941494 motor vehicle liability policy was not in effect and did not 1001
14951495 provide coverage for both the owner and the operator, it shall 1002
14961496 take action as it is authorized to do under this chapter. 1003
14971497 Section 33. Paragraph (c) of subsection (1) of section 1004
14981498 324.171, Florida Statutes, is amended to read: 1005
14991499 324.171 Self-insurer.— 1006
15001500 (1) Any person may qualify as a self -insurer by obtaining 1007
15011501 a certificate of self -insurance from the department which may, 1008
15021502 in its discretion and upon application of such a person, issue 1009
15031503 said certificate of self -insurance when such person has 1010
15041504 satisfied the requirements of this section to qualify as a self -1011
15051505 insurer under this section: 1012
15061506 (c) The owner of a qualified commercial motor vehicle, as 1013
15071507 defined in s. 207.002 or s. 320.01, may qualify as a self -1014
15081508 insurer subject to the standards provided for in subparagraph 1015
15091509 (b)2. 1016
15101510 Section 34. Subsection (3) of section 328.30, Florida 1017
15111511 Statutes, is amended to read: 1018
15121512 328.30 Transactions by electronic or telephonic means. — 1019
15131513 (3) The department may collect electronic mail addresses 1020
15141514 and use electronic mail in lieu of the United States Postal 1021
15151515 Service as a method of delivering notices to the owner of a 1022
15161516 vessel for the purpose of providing renewal notices . 1023
15171517 Section 35. This act shall take effect October 1, 2025. 1024