S 488

ENROLLED
2026 Legislature  SB 488, 2nd Engrossed
  2026488er
1
2An act relating to transportation; amending s.
3207.001, F.S.; revising a short title; amending s.
4207.002, F.S.; providing and revising definitions;
5amending s. 207.004, F.S.; requiring licensing, rather
6than registration, of motor carriers; requiring fuel
7tax decals, rather than identifying devices, for motor
8carriers; requiring a copy of the license to be
9carried in each qualified motor vehicle or made
10available electronically; specifying how fuel tax
11decals are to be displayed on qualified motor
12vehicles; requiring the Department of Highway Safety
13and Motor Vehicles or its authorized agent to issue
14licenses and fuel tax decals; requiring fuel tax decal
15renewal orders to be submitted electronically
16beginning on a specified date; revising required
17contents of temporary fuel-use permits; removing
18provisions relating to driveaway permits; amending s.
19207.005, F.S.; revising reporting periods and due
20dates for motor fuel use tax returns; requiring such
21tax returns to be submitted electronically beginning
22on a specified date; amending s. 207.007, F.S.;
23revising requirements for calculation of interest due
24for delinquent tax; providing penalties for any person
25who counterfeits, alters, manufactures, or sells fuel
26tax licenses, fuel tax decals, or temporary fuel-use
27permits except under certain circumstances; amending
28s. 207.019, F.S.; requiring motor carriers to destroy
29fuel tax decals under certain circumstances and notify
30the department; amending s. 316.065, F.S.; revising
31the apparent amount of property damage that requires
32the driver of a vehicle involved in a crash to notify
33law enforcement of the crash; amending s. 320.02,
34F.S.; providing an exemption from certain vehicle
35registration requirements for certain active duty
36military members; requiring applicants to provide
37proof of address; revising requirements for
38documenting an applicant’s address and proof of legal
39presence; defining the term “REAL ID driver license or
40identification card”; removing certain requirements
41for business applicants; amending s. 320.061, F.S.;
42revising a prohibition on obscuring a license plate;
43providing that the use of a license plate frame or
44decorative border is not prohibited under specified
45conditions; amending s. 320.084, F.S.; providing that
46a disabled veteran may retain a certain license plate
47designation upon reissuance, renewal, or transfer of
48the plate; amending s. 320.0843, F.S.; authorizing
49applications for certain license plates to be made to
50the tax collector; providing that such license plates
51may be stamped with specified letters at the option of
52the applicant; authorizing the tax collector to issue
53such plates immediately on demand; amending s.
54320.262, F.S.; revising the definition of the term
55“license plate obscuring device”; providing that the
56use of a license plate frame or decorative border
57device is not prohibited under specified conditions;
58amending s. 320.64, F.S.; authorizing licensees to
59reject the succession to interest in a franchise
60agreement of a motor vehicle dealer under certain
61circumstances; clarifying the motor vehicles for which
62a licensee must pay certain costs to a motor vehicle
63dealer under certain circumstances; prohibiting a
64licensee from distributing more than a specified
65percentage of a specified number of motor vehicles of
66a particular line-make during a certain period to one
67motor vehicle dealer or dealers that share common
68ownership or control; providing applicability;
69amending s. 320.643, F.S.; authorizing a licensee to
70reject a sale, transfer, alienation, or other
71disposition of a franchise agreement or an equity
72interest in a motor vehicle dealer under certain
73circumstances; amending s. 320.95, F.S.; authorizing
74the department to use e-mail as a method of
75notification; amending s. 322.01, F.S.; revising the
76definition of the term “tank vehicle”; amending ss.
77322.051 and 322.17, F.S.; requiring an e-mail address
78to be included on an identification card application
79and a request for a replacement driver license or
80instruction permit, respectively; amending s. 322.251,
81F.S.; authorizing orders of cancellation, suspension,
82revocation, or disqualification to be provided by e
83mail notification; amending s. 337.401, F.S.;
84prohibiting municipalities and counties from requiring
85that providers locate or perform surveys of certain
86facilities; requiring a provider to use certain means
87to avoid damaging certain facilities under specified
88circumstances; prohibiting municipalities and counties
89from taking certain actions relating to certain
90facility permits; authorizing municipalities and
91counties to require a bond or other financial
92instrument; prohibiting municipalities and counties
93from imposing or collecting a tax, fee, cost, charge,
94or exaction for the placement of certain
95communications facilities; revising applicability;
96revising the definition of the term “application”;
97prohibiting an authority from requiring compliance
98with an authority’s provisions regarding placement of
99communications facilities in certain locations;
100providing exceptions; requiring that certain authority
101ordinances apply to all providers of communications
102services; providing bond requirements; providing
103requirements for certain financial obligations
104required by an authority; prohibiting an authority
105from requiring a deposit or escrow of cash or
106agreement with certain terms; prohibiting an authority
107from requiring a communications service provider to
108indemnify it for certain liabilities; prohibiting an
109authority from imposing certain landscaping and
110vegetation management requirements; amending ss.
111120.80, 207.003, 207.008, 207.011, 207.013, 207.014,
112207.023, 207.0281, 212.08, 316.545, 318.15, 319.35,
113319.40, 320.03, 322.08, 322.18, 322.21, 322.245,
114322.2615, 322.2616, 322.64, 324.091, 324.171, 328.30,
115328.73, and 627.7415, F.S.; conforming provisions to
116changes made by the act; providing an effective date.
117
118Be It Enacted by the Legislature of the State of Florida:
119
120Section 1. Section 207.001, Florida Statutes, is amended to
121read:
122207.001 Short title.—This chapter shall be known as the
123“Florida [Diesel Fuel and] Motor Fuel Use Tax Act [of 1981],” and
124the taxes levied under this chapter shall be in addition to all
125other taxes imposed by law.
126Section 2. Section 207.002, Florida Statutes, is amended to
127read:
128207.002 Definitions.—As used in this chapter, the term:
129(1)[(2)] “Department” means the Department of Highway Safety
130and Motor Vehicles.
131(2) “International Fuel Tax Agreement” means the reciprocal
132agreement among certain states of the United States, provinces
133of Canada, and other member jurisdictions which provides for the
134administration, collection, and enforcement of taxes on the
135basis of fuel consumed or distance accrued, or both, in member
136jurisdictions.
137[(3) “Diesel fuel” means any liquid product or gas product]
138[or combination thereof, including, but not limited to, all forms]
139[of fuel known or sold as diesel fuel, kerosene, butane gas, or]
140[propane gas and all other forms of liquefied petroleum gases,]
141[except those defined as “motor fuel,” used to propel a motor]
142[vehicle.]
143[(4) “International Registration Plan” means a registration]
144[reciprocity agreement among states of the United States and]
145[provinces of Canada providing for payment of license fees or]
146[license taxes on the basis of fleet miles operated in various]
147[jurisdictions.]
148(3)[(5)] “Interstate” means vehicle movement between or
149through two or more member jurisdictions [states].
150(4)[(6)] “Intrastate” means vehicle movement from one point
151within a member jurisdiction [state] to another point within the
152same member jurisdiction [state].
153(5) “Member jurisdiction” means a member of the
154International Fuel Tax Agreement.
155(6)[(7)] “Motor carrier” means any person owning,
156controlling, operating, or managing any motor vehicle used to
157transport persons or property over any public highway.
158(7)[(8)] “Motor fuel” means any fuel placed in the fuel
159supply storage unit of a qualified motor vehicle, including an
160alternative fuel such as pure methanol, ethanol, or other
161alcohol; a blend of 85 percent or more alcohol with gasoline;
162natural gas and liquid fuel produced from natural gas; propane;
163coal-derived liquified fuel; hydrogen; electricity; pure
164biodiesel (B100) fuel, other than alcohol, derived from
165biological materials; P-series fuel; or any other type of fuel
166or energy used to propel a qualified motor vehicle [what is]
167[commonly known and sold as gasoline and fuels containing a]
168[mixture of gasoline and other products].
169(8)[(9)] “Operate,” “operated,” “operation,” or “operating”
170means [and includes] the use [utilization] in any form of any
171qualified [commercial] motor vehicle, whether loaded or empty,
172whether used [utilized] for compensation or not for compensation,
173and whether owned by or leased to the motor carrier who uses it
174or causes it to be used.
175(9)[(10)] “Person” means [and includes] natural persons,
176corporations, copartnerships, firms, companies, agencies, or
177associations, singular or plural.
178(10)[(11)] “Public highway” means any public street, road, or
179highway in this state.
180(11)[(1)] “Qualified [commercial] motor vehicle” means any
181vehicle not owned or operated by a governmental entity which
182uses [diesel fuel or] motor fuel on the public highways[;] and which
183has two axles and a gross vehicle weight or registered gross
184vehicle weight in excess of 26,000 pounds, or has three or more
185axles regardless of weight, or is used in combination when the
186weight of such combination exceeds 26,000 pounds gross vehicle
187weight or registered gross vehicle weight. The term excludes any
188recreational vehicle or vehicle owned or operated by a community
189transportation coordinator as defined in s. 427.011 or by a
190private operator that provides public transit services under
191contract with such a provider.
192[(12) “Registrant” means a person in whose name or names a]
193[vehicle is properly registered.]
194(12)[(13)] “Use,” “uses,” or “used” means the consumption of
195[diesel fuel or] motor fuel in a qualified [commercial] motor
196vehicle for the propulsion thereof.
197Section 3. Section 207.004, Florida Statutes, is amended to
198read:
199207.004 Licensing [registration] of motor carriers; fuel tax
200decals [identifying devices]; fees; renewals; temporary fuel-use
201permits [and driveaway permits].—
202(1)(a) A [no] motor carrier may not [shall] operate or cause to
203be operated in this state any qualified [commercial] motor
204vehicle, other than a Florida-based qualified [commercial] motor
205vehicle that travels Florida intrastate mileage only, which [that]
206uses [diesel fuel or] motor fuel until such carrier is licensed
207[has registered with the department or has registered] under the
208International Fuel Tax Agreement [a cooperative reciprocal]
209[agreement as described in s. 207.0281, after such time as this]
210[state enters into such agreement,] and has been issued fuel tax
211decals [an identifying device] or such carrier has been issued a
212temporary fuel-use permit as authorized under subsection
213[subsections (4) and] (5) for each vehicle operated. The fee for
214each set of fuel tax decals is [There shall be a fee of] $4 per
215year or any fraction thereof. A copy of the license must be
216carried in each vehicle or made available electronically. The
217fuel tax decal [for each such identifying device issued. The]
218[identifying device shall be provided by the department and] must
219be conspicuously displayed on the qualified [commercial] motor
220vehicle as prescribed by the instructions on the reverse side of
221the decal [department] while the vehicle [it] is being operated on
222the public highways of this state. The transfer of a fuel tax
223decal [an identifying device] from one vehicle to another vehicle
224or from one motor carrier to another motor carrier is
225prohibited. The department or its authorized agent shall issue
226the licenses and fuel tax decals.
227(b) The motor carrier to whom fuel tax decals have [an]
228[identifying device has] been issued is [shall be] solely
229responsible for the proper use of the fuel tax decals
230[identifying device] by its employees, consignees, or lessees.
231(2) Fuel tax decals [Identifying devices] shall be issued
232each year for the period January 1 through December 31, or any
233portion thereof, if tax returns and tax payments, when
234applicable, have been submitted to the department for all prior
235reporting periods. Fuel tax decals [Identifying devices] may be
236displayed for the next succeeding indicia period beginning
237December 1 of each year. Beginning October 1, 2026, except as
238otherwise authorized by the department, all fuel tax decal
239renewal orders must be submitted electronically through an
240online system prescribed by the department.
241(3) If a motor carrier licensed in this state no longer
242operates or causes to be operated in this state any qualified [a]
243[commercial] motor vehicle, the fuel tax decal for each qualified
244motor vehicle that is no longer operated or caused to be
245operated by the motor carrier must [identifying device shall] be
246destroyed and the motor carrier to whom the fuel tax decal
247[device] was issued must [shall] notify the department immediately
248by letter of such removal and of the number of the fuel tax
249decal [identifying device] that was [has been] destroyed.
250(4) A motor carrier, before operating a qualified
251[commercial] motor vehicle on the public highways of this state,
252must require each qualified motor vehicle to display a fuel tax
253decal [an identifying device] as required under subsections (1)
254and (2) or must obtain a temporary fuel-use permit for that
255vehicle as provided in subsection (5). [A temporary fuel-use]
256[permit shall expire within 10 days after date of issuance. The]
257[cost of a temporary fuel-use permit is $45, and the permit]
258[exempts the vehicle from the payment of the motor fuel or diesel]
259[fuel tax imposed under this chapter during the term for which]
260[the permit is valid. However, the vehicle is not exempt from]
261[paying the fuel tax at the pump.]
262(5)(a) A [registered] motor carrier holding a valid license
263may [certificate of registration may, upon payment of the $45 fee]
264[per permit,] secure from the department, or any wire service
265authorized by the department, a temporary fuel-use permit.
266(b) The fee for a temporary fuel-use permit is $45. A
267temporary fuel-use permit expires 10 days after the date of
268issuance and exempts the vehicle from payment of the motor fuel
269tax imposed under this chapter during the period for which the
270permit is valid. However, this paragraph does not exempt the
271vehicle from payment at the pump of the fuel tax imposed under
272chapter 206.
273(c) A [blank] temporary fuel-use permit[, before its use,] must
274[be executed by the motor carrier, in ink or type, so as to]
275identify the carrier, the vehicle to which the permit is
276assigned, and the permit’s effective date and expiration date
277[that the vehicle is placed in and removed from service. The]
278[temporary fuel-use permit shall also show a complete]
279[identification of the vehicle on which the permit is to be used,]
280[together with the name and address of the owner or lessee of the]
281[vehicle]. The [endorsed] temporary fuel-use permit must [shall then]
282be carried on the vehicle that it identifies and must [shall] be
283exhibited on demand to any authorized personnel. Temporary fuel
284use permits may be transmitted to the motor carrier by
285electronic means [and shall be completed as outlined by]
286[department personnel prior to transmittal].
287(d) The motor carrier to whom a temporary fuel-use permit
288is issued is [shall be] solely responsible for the proper use of
289the permit by its employees, consignees, or lessees. Any
290erasure, alteration, or unauthorized use of a temporary fuel-use
291permit renders [shall render] it invalid and of no effect. A motor
292carrier to whom a temporary fuel-use permit is issued may not
293knowingly allow the permit to be used by any other person [or]
294[organization].
295[(b) An unregistered motor carrier may, upon payment of the]
296[$45 fee, secure from any wire service authorized by the]
297[department, by electronic means, a temporary fuel-use permit]
298[that shall be valid for a period of 10 days. Such permit must]
299[show the name and address of the unregistered motor carrier to]
300[whom it is issued, the date the vehicle is placed in and removed]
301[from service, a complete identification of the vehicle on which]
302[the permit is to be used, and the name and address of the owner]
303[or lessee of the vehicle. The temporary fuel-use permit shall]
304[then be carried on the vehicle that it identifies and shall be]
305[exhibited on demand to any authorized personnel. The]
306[unregistered motor carrier to whom a temporary fuel-use permit]
307[is issued shall be solely responsible for the proper use of the]
308[permit by its employees, consignees, or lessees. Any erasure,]
309[alteration, or unauthorized use of a temporary fuel-use permit]
310[shall render it invalid and of no effect. The unregistered motor]
311[carrier to whom a temporary fuel-use permit is issued may not]
312[knowingly allow the permit to be used by any other person or]
313[organization.]
314[(c) A registered motor carrier engaged in driveaway]
315[transportation, in which the cargo is the vehicle itself and is]
316[in transit to stock inventory and the ownership of the vehicle]
317[is not vested in the motor carrier, may, upon payment of the $4]
318[fee, secure from the department a driveaway permit. The]
319[driveaway permits shall be issued for the period January 1]
320[through December 31. An original permit must be in the]
321[possession of the operator of each vehicle and shall be]
322[exhibited on demand to any authorized personnel. Vehicle mileage]
323[reports must be submitted by the motor carrier, and the road]
324[privilege tax must be paid on all miles operated within this]
325[state during the reporting period. All other provisions of this]
326[chapter shall apply to the holder of a driveaway permit.]
327Section 4. Section 207.005, Florida Statutes, is amended to
328read:
329207.005 Returns and payment of tax; delinquencies;
330calculation of fuel used during operations in this [the] state;
331credit; bond.—
332(1) The taxes levied under this chapter are [shall be] due
333and payable on the first day of the month following the last
334month of the reporting period. The department may adopt
335[promulgate] rules for requiring and establishing procedures for
336annual, semiannual, or quarterly filing. The reporting period is
337[shall be] the 12 months beginning January [July] 1 and ending
338December 31 [June 30]. [It shall be the duty of] Each motor carrier
339licensed [registered] or required to be licensed [registered] under
340[the provisions of] this chapter must [to] submit a return by the
341following due dates, except that each due date is extended until
342the last day of the month of the due date, and, if the last day
343of the month falls on a Saturday, Sunday, or legal holiday, the
344due date is further extended until the next day that is not a
345Saturday, Sunday, or legal holiday [within 30 days after the due]
346[date. The due date shall be as follows]:
347(a) If annual filing, the due date is January 31 [shall be]
348[July 1];
349(b) If semiannual filing, the due dates are [shall be]
350January 31 [1] and July 31 [1]; or
351(c) If quarterly filing, the due dates are [shall be] January
35231 [1], April 30 [1], July 31 [1], and October 31 [1].
353(2) The amount of fuel used in the propulsion of any
354qualified [commercial] motor vehicle within this state may be
355calculated, if the motor carrier maintains adequate records, by
356applying total interstate vehicular consumption of all [diesel]
357[fuel and] motor fuel used as related to total miles traveled and
358applying such rate to total miles traveled within this state. In
359the absence of adequate documentation by the motor carrier, the
360department may adopt [is authorized to promulgate] rules
361converting miles driven to gallons used.
362(3) For the purpose of computing the carrier’s liability
363for the fuel [road privilege] tax, the total gallons of fuel used
364in the propulsion of any qualified [commercial] motor vehicle in
365this state shall be multiplied by the rates provided in parts I
366III of chapter 206. From the sum determined by this calculation,
367there shall be allowed a credit equal to the amount of the tax
368per gallon under parts I-III of chapter 206 for each gallon of
369fuel purchased in this state during the reporting period when
370the [diesel fuel or] motor fuel tax was paid at the time of
371purchase. If the tax paid under parts I-III of chapter 206
372exceeds the total tax due under this chapter, the excess may be
373allowed as a credit against future tax payments, until the
374credit is fully offset or until eight calendar quarters shall
375have passed since the end of the calendar quarter in which the
376credit accrued, whichever occurs first. A refund may be made for
377this credit provided it exceeds $10.
378(4) The department may adopt [is authorized to promulgate]
379the necessary rules to provide for an adequate bond from each
380motor carrier to ensure payment of taxes required under this
381chapter.
382(5) Beginning October 1, 2026, except as otherwise
383authorized by the department, all returns must be submitted
384electronically through an online system prescribed by the
385department.
386Section 5. Section 207.007, Florida Statutes, is amended to
387read:
388207.007 Offenses; penalties and interest.—
389(1) If any motor carrier licensed [registered] under this
390chapter fails to file a return or [and] pay any tax liability
391under this chapter within the time required [hereunder], the
392department may impose a delinquency penalty of $50 or 10 percent
393of the delinquent taxes due, whichever is greater, if the
394failure is for not more than 30 days, with an additional 10
395percent penalty for each additional 30 days, or fraction
396thereof, during the time which the failure continues, not to
397exceed a total penalty of 100 percent in the aggregate. However,
398the penalty may not be less than $50.
399(2) In addition to any other penalties, any delinquent tax
400shall bear interest in accordance with the International Fuel
401Tax Agreement [at the rate of 1 percent per month, or fraction]
402[thereof, calculated from the date the tax was due. If the]
403[department enters into a cooperative reciprocal agreement under]
404[the provisions of s. 207.0281, the department shall collect and]
405[distribute all interest due to other jurisdictions at the same]
406[rate as if such interest were due to the state].
407(3) Any person who:
408(a) Willfully refuses or neglects to make any statement,
409report, or return required by [the provisions of] this chapter;
410(b) Knowingly makes, or assists any other person in making,
411a false statement in a return or report [or] in connection with an
412application for licensure [registration] under this chapter or in
413connection with an audit; [or]
414(c) Counterfeits, alters, manufactures, or sells fuel tax
415licenses, fuel tax decals, or temporary fuel-use permits without
416first having obtained the department’s permission in writing; or
417(d)[(c)] Violates any provision [of the provisions] of this
418chapter, a penalty for which is not otherwise provided,
419
420commits [is guilty of] a felony of the third degree, punishable as
421provided in s. 775.082, s. 775.083, or s. 775.084. In addition,
422the department may revoke or suspend the licensure and
423registration privileges under ss. 207.004 and 320.02,
424respectively, of the violator. Each day or part thereof during
425which a person operates or causes to be operated a qualified
426[commercial] motor vehicle without being the holder of fuel tax
427decals [an identifying device] or having a valid temporary fuel
428use [or driveaway] permit as required by this chapter constitutes
429a separate offense within the meaning of this section. In
430addition to the penalty imposed by this section, the defendant
431is [shall be] required to pay all taxes, interest, and penalties
432due to this [the] state.
433Section 6. Subsection (1) of section 207.019, Florida
434Statutes, is amended to read:
435207.019 Discontinuance or transfer of business; change of
436address.—
437(1) Whenever a person ceases to engage in business as a
438motor carrier within this [the] state by reason of the
439discontinuance, sale, or transfer of the business of such
440person, the person [he or she] shall notify the department in
441writing at least 10 days before [prior to] the time the
442discontinuance, sale, or transfer takes effect. Such notice must
443[shall] give the date of discontinuance and, in the event of a
444sale or transfer of the business, the date thereof and the name
445and address of the purchaser or transferee. All [diesel fuel or]
446motor fuel use taxes are [shall become] due and payable
447concurrently with such discontinuance, sale, or transfer; [and]
448any such person shall, concurrently with such discontinuance,
449sale, or transfer, make a report and[,] pay all such taxes,
450interest, and penalties; and the fuel tax decals must be
451destroyed and the motor carrier to whom the decals were issued
452shall notify the department by letter of their destruction and
453of the numbers of the fuel tax decals that were destroyed[, and]
454[surrender to the department the registration issued to such]
455[person].
456Section 7. Subsection (1) of section 316.065, Florida
457Statutes, is amended to read:
458316.065 Crashes; reports; penalties.—
459(1) The driver of a vehicle involved in a crash resulting
460in injury to or death of any persons or damage to any vehicle or
461other property in an apparent amount of at least $2,000 [$500]
462shall immediately by the quickest means of communication give
463notice of the crash to the local police department, if such
464crash occurs within a municipality; otherwise, to the office of
465the county sheriff or the nearest office or station of the
466Florida Highway Patrol. A violation of this subsection is a
467noncriminal traffic infraction, punishable as a nonmoving
468violation as provided in chapter 318.
469Section 8. Subsection (2) and paragraph (e) of subsection
470(5) of section 320.02, Florida Statutes, are amended to read:
471320.02 Registration required; application for registration;
472forms.—
473(2)(a) The application for registration must include the
474street address of the owner’s permanent Florida residence or the
475address of his or her permanent place of business in Florida and
476be accompanied by personal or business identification
477information. If the vehicle is registered to an active duty
478member of the United States Armed Forces who is a Florida
479resident, the active duty member is not required to provide the
480street address of a permanent Florida residence.
481(b) An individual applicant must provide proof of address
482satisfactory to the department and:
4831. A valid REAL ID driver license or identification card
484issued by this state or another state; [or]
4852. A valid, unexpired United States passport; or
4863. A valid, unexpired passport issued by another country
487and an unexpired Form I-94 issued by the United States Bureau of
488Customs and Border Protection.
489
490For purposes of this paragraph, the term “REAL ID driver license
491or identification card” has the same meaning as provided in 6
492C.F.R. s. 37.3.
493(c) A business applicant must provide a federal employer
494identification number, if applicable, or verification that the
495business is authorized to conduct business in this [the] state, or
496a Florida municipal or county business license or number.
497[1. If the owner does not have a permanent residence or]
498[permanent place of business or if the owner’s permanent]
499[residence or permanent place of business cannot be identified by]
500[a street address, the application must include:]
501[a. If the vehicle is registered to a business, the name and]
502[street address of the permanent residence of an owner of the]
503[business, an officer of the corporation, or an employee who is]
504[in a supervisory position.]
505[b. If the vehicle is registered to an individual, the name]
506[and street address of the permanent residence of a close]
507[relative or friend who is a resident of this state.]
508[2. If the vehicle is registered to an active duty member of]
509[the Armed Forces of the United States who is a Florida resident,]
510[the active duty member is exempt from the requirement to provide]
511[the street address of a permanent residence.]
512(d)[(b)] The department shall prescribe a form upon which
513motor vehicle owners may record odometer readings when
514registering their motor vehicles.
515(5)
516(e) Upon the expiration date noted in the cancellation
517notice that the department receives from the insurer, the
518department shall suspend the registration[,] issued under this
519chapter or revoke the license issued under s. 207.004(1)[,] of a
520motor carrier who operates a commercial motor vehicle or a
521qualified motor vehicle who permits it to be operated in this
522state during the registration period or licensure period without
523having in full force liability insurance, a surety bond, or a
524valid self-insurance certificate that complies with this
525section. The insurer shall provide notice to the department at
526the same time the cancellation notice is provided to the insured
527pursuant to s. 627.7281. The department may adopt rules
528regarding the electronic submission of the cancellation notice.
529Section 9. Section 320.061, Florida Statutes, is amended to
530read:
531320.061 Unlawful to alter motor vehicle registration
532certificates, license plates, temporary license plates, mobile
533home stickers, or validation stickers or to obscure license
534plates; penalty.—
535(1) A person may not alter the original appearance of a
536vehicle registration certificate, license plate, temporary
537license plate, mobile home sticker, or validation sticker issued
538for and assigned to a motor vehicle or mobile home, whether by
539mutilation, alteration, defacement, or change of color or in any
540other manner. A person may not apply or attach a substance,
541reflective matter, illuminated device, spray, coating, covering,
542or other material onto or around any license plate which
543interferes with the legibility, angular visibility, or
544detectability of [any feature or detail on] the license plate
545number or validation sticker or interferes with the ability to
546record [any feature or detail on] the license plate number or
547validation sticker. A person who knowingly violates this section
548commits a misdemeanor of the second degree, punishable as
549provided in s. 775.082 or s. 775.083.
550(2) The use of a license plate frame or decorative border
551around a license plate is not an offense under this section,
552provided that the frame or border does not obscure the
553visibility of the following:
554(a) The alphanumeric designation or license plate number.
555(b) The registration decal or validation sticker located in
556the upper right corner.
557Section 10. Subsection (3) of section 320.084, Florida
558Statutes, is amended to read:
559320.084 Free motor vehicle license plate to certain
560disabled veterans.—
561(3) The department shall, as it deems necessary, require
562each person to whom a motor vehicle license plate has been
563issued pursuant to subsection (1) to apply to the department for
564reissuance of his or her registration license plate. Upon
565receipt of the application and proof of the applicant’s
566continued eligibility, the department shall issue a new
567permanent disabled veteran motor vehicle license plate which
568shall be of the colors red, white, and blue similar to the
569colors of the United States flag. A disabled veteran who has
570been issued a permanent disabled veteran motor vehicle license
571plate may retain the unique alphanumeric designation assigned to
572the plate upon reissuance, renewal, or transfer of the plate to
573another vehicle owned by the veteran. The operation of a motor
574vehicle displaying a disabled veteran license plate from a
575previous issue period or a noncurrent validation sticker after
576the date specified by the department shall subject the owner if
577he or she is present, otherwise the operator, to the penalty
578provided in s. 318.18(2). Such permanent license plate shall be
579removed upon sale of the vehicle, but may be transferred to
580another vehicle owned by such veteran in the manner prescribed
581by law. Upon request of any such veteran, the department is
582authorized to issue a designation plate containing only the
583letters “DV,” to be displayed on the front of the vehicle.
584Section 11. Section 320.0843, Florida Statutes, is amended
585to read:
586320.0843 License plates for persons with disabilities
587eligible for permanent disabled parking permits.—
588(1) Any owner or lessee of a motor vehicle who resides in
589this state and qualifies for a disabled parking permit under s.
590320.0848(2), upon application to the department, or the tax
591collector as an authorized agent of the department, and payment
592of the license tax for a motor vehicle registered under s.
593320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b), (6)(a), or
594(9)(c) or (d), shall be issued a license plate as provided by s.
595320.06 which, in lieu of or in addition to the serial number
596prescribed by s. 320.06, shall, at the option of the applicant,
597be stamped with the international wheelchair user symbol or the
598letters “DV” indicating a disabled veteran after the serial
599number of the license plate. The license plate entitles the
600person to all privileges afforded by a parking permit issued
601under s. 320.0848. When more than one registrant is listed on
602the registration issued under this section, the eligible
603applicant shall be noted on the registration certificate.
604(2) All applications for such license plates may [must] be
605made to the department or the tax collector, and such plates may
606be issued immediately on demand by the tax collector.
607Section 12. Paragraphs (c) and (d) of subsection (1) of
608section 320.262, Florida Statutes, are amended, and subsection
609(5) is added to that section, to read:
610320.262 License plate obscuring device prohibited;
611penalties.—
612(1) As used in this section, the term “license plate
613obscuring device” means a manual, electronic, or mechanical
614device designed or adapted to be installed on a motor vehicle
615for the purpose of:
616(c) Covering, obscuring, or otherwise interfering with the
617legibility, angular visibility, or detectability of the [primary]
618[features or details, including the] license plate number or
619validation sticker[, on the license plate]; or
620(d) Interfering with the ability to record the [primary]
621[features or details, including the] license plate number or
622validation sticker[, on the license plate].
623(5) The use of a license plate frame or decorative border
624device is not an offense under this section, provided that the
625device does not obscure the visibility of the following:
626(a) The alphanumeric designation or license plate number.
627(b) The registration decal or validation sticker located in
628the upper right corner.
629Section 13. Subsection (16) and paragraph (a) of subsection
630(36) of section 320.64, Florida Statutes, are amended, and
631subsection (44) is added to that section, to read:
632320.64 Denial, suspension, or revocation of license;
633grounds.—A license of a licensee under s. 320.61 may be denied,
634suspended, or revoked within the entire state or at any specific
635location or locations within the state at which the applicant or
636licensee engages or proposes to engage in business, upon proof
637that the section was violated with sufficient frequency to
638establish a pattern of wrongdoing, and a licensee or applicant
639shall be liable for claims and remedies provided in ss. 320.695
640and 320.697 for any violation of any of the following
641provisions. A licensee is prohibited from committing the
642following acts:
643(16)(a) Notwithstanding the terms of any franchise
644agreement, the applicant or licensee prevents or refuses to
645accept the succession to any interest in a franchise agreement
646by any legal heir or devisee under the will of a motor vehicle
647dealer or under the laws of descent and distribution of this
648state; provided, the applicant or licensee is not required to
649accept a succession:
6501. When [where] such heir or devisee does not meet licensee’s
651written, reasonable, and uniformly applied minimal standard
652qualifications for dealer applicants;
6532. [or] Which, after notice and administrative hearing
654pursuant to chapter 120, is demonstrated to be detrimental to
655the public interest or to the representation of the applicant or
656licensee; or
6573. When the direct result of such succession will cause the
658applicant or licensee to be in violation of subsection (44).
659(b) This subsection does not [Nothing contained herein,]
660[however, shall] prevent a motor vehicle dealer, during his or her
661lifetime, from designating any person as his or her successor in
662interest by written instrument filed with and accepted by the
663applicant or licensee. A licensee who rejects the successor
664transferee under this subsection shall have the burden of
665establishing in any proceeding where such rejection is in issue
666that the rejection of the successor transferee complies with
667this subsection.
668(36)(a) Notwithstanding the terms of any franchise
669agreement, in addition to any other statutory or contractual
670rights of recovery after the voluntary or involuntary
671termination, cancellation, or nonrenewal of a franchise, failing
672to pay the motor vehicle dealer, as provided in paragraph (d),
673the following amounts:
6741. The net cost paid by the dealer for each new motor
675vehicle other than motorcycles [car or truck] in the dealer’s
676inventory with mileage of 2,000 miles or less, or each new [a]
677motorcycle in the dealer’s inventory with mileage of 100 miles
678or less, exclusive of mileage placed on the motor vehicle before
679it was delivered to the dealer.
6802. The current price charged for each new, unused,
681undamaged, or unsold part or accessory that:
682a. Is in the current parts catalog and is still in the
683original, resalable merchandising package and in an unbroken
684lot, except that sheet metal may be in a comparable substitute
685for the original package; and
686b. Was purchased by the dealer directly from the
687manufacturer or distributor or from an outgoing authorized
688dealer as a part of the dealer’s initial inventory.
6893. The fair market value of each undamaged sign owned by
690the dealer which bears a trademark or trade name used or claimed
691by the applicant or licensee or its representative which was
692purchased from or at the request of the applicant or licensee or
693its representative.
6944. The fair market value of all special tools, data
695processing equipment, and automotive service equipment owned by
696the dealer which:
697a. Were recommended in writing by the applicant or licensee
698or its representative and designated as special tools and
699equipment;
700b. Were purchased from or at the request of the applicant
701or licensee or its representative; and
702c. Are in usable and good condition except for reasonable
703wear and tear.
7045. The cost of transporting, handling, packing, storing,
705and loading any property subject to repurchase under this
706section.
707(44)(a) The applicant or licensee has directly or
708indirectly distributed 1,000 or more motor vehicles of a
709particular line-make to motor vehicle dealers in this state
710during any 12-month period and has directly or indirectly
711distributed more than 33.33 percent of those same line-make
712motor vehicles during that 12-month period to one motor vehicle
713dealer or to multiple motor vehicle dealers that share common
714ownership or control. For purposes of this subsection, a motor
715vehicle dealer shares common ownership or control with another
716motor vehicle dealer if:
7171. It is directly or indirectly controlled by or has more
718than 30 percent of its equity interest directly or indirectly
719owned by another motor vehicle dealer; or
7202. It has more than 30 percent of its equity interest
721directly or indirectly controlled or owned by one or more
722persons who also directly or indirectly control or own more than
72330 percent of the equity interests of another motor vehicle
724dealer.
725(b) This subsection does not apply to any line-make of
726motor vehicle for which there exists a licensed franchised
727dealer in this state as of January 1, 2026, or to an applicant
728or licensee who is not prohibited by s. 320.645 from owning or
729operating a motor vehicle dealership.
730
731A motor vehicle dealer who can demonstrate that a violation of,
732or failure to comply with, any of the preceding provisions by an
733applicant or licensee will or may adversely and pecuniarily
734affect the complaining dealer, shall be entitled to pursue all
735of the remedies, procedures, and rights of recovery available
736under ss. 320.695 and 320.697.
737Section 14. Subsections (1) and (2) of section 320.643,
738Florida Statutes, are amended to read:
739320.643 Transfer, assignment, or sale of franchise
740agreements.—
741(1)(a) Notwithstanding the terms of any franchise
742agreement, a licensee may [shall] not, by contract or otherwise,
743fail or refuse to give effect to, prevent, prohibit, or penalize
744or attempt to refuse to give effect to, prohibit, or penalize
745any motor vehicle dealer from selling, assigning, transferring,
746alienating, or otherwise disposing of its franchise agreement to
747any other person or persons, including a corporation established
748or existing for the purpose of owning or holding a franchise
749agreement, unless the licensee proves at a hearing pursuant to a
750complaint filed by a motor vehicle dealer under this section
751that the sale, transfer, alienation, or other disposition:
7521. Is to a person who is not, or whose controlling
753executive management is not, of good moral character;
7542. Is to a person who [or] does not meet the written,
755reasonable, and uniformly applied standards or qualifications of
756the licensee relating to financial qualifications of the
757transferee and business experience of the transferee or the
758transferee’s executive management; or
7593. Would directly cause the licensee to be in violation of
760s. 320.64(44).
761(b) A motor vehicle dealer who desires to sell, assign,
762transfer, alienate, or otherwise dispose of a franchise shall
763notify, or cause the proposed transferee to notify, the
764licensee, in writing, setting forth the prospective transferee’s
765name, address, financial qualifications, and business experience
766during the previous 5 years. A licensee who receives such notice
767may, within 60 days following such receipt, notify the motor
768vehicle dealer, in writing, that the proposed transferee is not
769a person qualified to be a transferee under this section and
770setting forth the material reasons for such rejection. Failure
771of the licensee to notify the motor vehicle dealer within the
77260-day period of such rejection shall be deemed an approval of
773the transfer. No such transfer, assignment, or sale shall be
774valid unless the transferee agrees in writing to comply with all
775requirements of the franchise then in effect, but with the
776ownership changed to the transferee.
777(c)[(b)] A motor vehicle dealer whose proposed sale is
778rejected may, within 60 days following such receipt of such
779rejection, file with the department a complaint for a
780determination that the proposed transferee has been rejected in
781violation of this section. The licensee has the burden of proof
782with respect to all issues raised by the complaint. The
783department shall determine, and enter an order providing, that
784the proposed transferee is either qualified or is not and cannot
785be qualified for specified reasons, or the order may provide the
786conditions under which a proposed transferee would be qualified.
787If the licensee fails to file such a response to the motor
788vehicle dealer’s complaint within 30 days after receipt of the
789complaint, unless the parties agree in writing to an extension,
790or if the department, after a hearing, renders a decision other
791than one disqualifying the proposed transferee, the franchise
792agreement between the motor vehicle dealer and the licensee is
793deemed amended to incorporate such transfer or amended in
794accordance with the determination and order rendered, effective
795upon compliance by the proposed transferee with any conditions
796set forth in the determination or order.
797(2)(a) Notwithstanding the terms of any franchise
798agreement, a licensee may [shall] not, by contract or otherwise,
799fail or refuse to give effect to, prevent, prohibit, or
800penalize, or attempt to refuse to give effect to, prevent,
801prohibit, or penalize, any motor vehicle dealer or any
802proprietor, partner, stockholder, owner, or other person who
803holds or otherwise owns an interest therein from selling,
804assigning, transferring, alienating, or otherwise disposing of,
805in whole or in part, the equity interest of any of them in such
806motor vehicle dealer to any other person or persons, including a
807corporation established or existing for the purpose of owning or
808holding the stock or ownership interests of other entities,
809unless the licensee proves at a hearing pursuant to a complaint
810filed by a motor vehicle dealer under this section that the
811sale, transfer, alienation, or other disposition:
8121. Is to a person who is not, or whose controlling
813executive management is not, of good moral character; or
8142. Would directly cause the licensee to be in violation of
815s. 320.64(44).
816(b) A motor vehicle dealer, or any proprietor, partner,
817stockholder, owner, or other person who holds or otherwise owns
818an interest in the motor vehicle dealer, who desires to sell,
819assign, transfer, alienate, or otherwise dispose of any interest
820in such motor vehicle dealer shall notify, or cause the proposed
821transferee to so notify, the licensee, in writing, of the
822identity and address of the proposed transferee. A licensee who
823receives such notice may, within 60 days following such receipt,
824notify the motor vehicle dealer in writing that the proposed
825transferee is not a person qualified to be a transferee under
826this section and setting forth the material reasons for such
827rejection. Failure of the licensee to notify the motor vehicle
828dealer within the 60-day period of such rejection shall be
829deemed an approval of the transfer. Any person whose proposed
830sale of stock is rejected may file within 60 days of receipt of
831such rejection a complaint with the department alleging that the
832rejection was in violation of the law or the franchise
833agreement. The licensee has the burden of proof with respect to
834all issues raised by such complaint. The department shall
835determine, and enter an order providing, that the proposed
836transferee either is qualified or is not and cannot be qualified
837for specified reasons; or the order may provide the conditions
838under which a proposed transferee would be qualified. If the
839licensee fails to file a response to the motor vehicle dealer’s
840complaint within 30 days of receipt of the complaint, unless the
841parties agree in writing to an extension, or if the department,
842after a hearing, renders a decision on the complaint other than
843one disqualifying the proposed transferee, the transfer shall be
844deemed approved in accordance with the determination and order
845rendered, effective upon compliance by the proposed transferee
846with any conditions set forth in the determination or order.
847(c)[(b)] Notwithstanding paragraph (a), a licensee may not
848reject a proposed transfer of a legal, equitable, or beneficial
849interest in a motor vehicle dealer to a trust or other entity,
850or to any beneficiary thereof, which is established by an owner
851of any interest in a motor vehicle dealer for purposes of estate
852planning, if the controlling person of the trust or entity, or
853the beneficiary, is of good moral character.
854Section 15. Subsection (2) of section 320.95, Florida
855Statutes, is amended to read:
856320.95 Transactions by electronic or telephonic means.—
857(2) The department may collect e-mail [electronic mail]
858addresses and use e-mail [electronic mail] in lieu of the United
859States Postal Service as a method of notification [for the]
860[purpose of providing renewal notices].
861Section 16. Subsection (44) of section 322.01, Florida
862Statutes, is amended to read:
863322.01 Definitions.—As used in this chapter:
864(44) “Tank vehicle” means a commercial motor vehicle that
865is designed to transport any liquid or gaseous material within
866one or more tanks that each have an individual rated capacity of
867more than 119 gallons and an aggregate rated capacity of 1,000
868gallons or more and that are [a tank] either permanently or
869temporarily attached to the vehicle or chassis. The term does
870not include a commercial motor vehicle transporting an empty
871storage tank that is not designed for transportation but that is
872temporarily attached to a flatbed trailer[, if such tank has a]
873[designed capacity of 1,000 gallons or more].
874Section 17. Paragraph (a) of subsection (1) of section
875322.051, Florida Statutes, is amended to read:
876322.051 Identification cards.—
877(1) Any person who is 5 years of age or older, or any
878person who has a disability, regardless of age, who applies for
879a disabled parking permit under s. 320.0848, may be issued an
880identification card by the department upon completion of an
881application and payment of an application fee.
882(a) The application must include the following information
883regarding the applicant:
8841. Full name (first, middle or maiden, and last), gender,
885proof of social security card number satisfactory to the
886department, which may include a military identification card,
887county of residence, mailing address, e-mail address, proof of
888residential address satisfactory to the department, country of
889birth, and a brief description.
8902. Proof of birth date satisfactory to the department.
8913. Proof of identity satisfactory to the department. Such
892proof must include one of the following documents issued to the
893applicant:
894a. A driver license record or identification card record
895from another jurisdiction that required the applicant to submit
896a document for identification which is substantially similar to
897a document required under sub-subparagraph b., sub-subparagraph
898c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph
899f., sub-subparagraph g., or sub-subparagraph h.;
900b. A certified copy of a United States birth certificate;
901c. A valid, unexpired United States passport;
902d. A naturalization certificate issued by the United States
903Department of Homeland Security;
904e. A valid, unexpired alien registration receipt card
905(green card);
906f. A Consular Report of Birth Abroad provided by the United
907States Department of State;
908g. An unexpired employment authorization card issued by the
909United States Department of Homeland Security; or
910h. Proof of nonimmigrant classification provided by the
911United States Department of Homeland Security, for an original
912identification card. In order to prove nonimmigrant
913classification, an applicant must provide at least one of the
914following documents. In addition, the department may require
915applicants to produce United States Department of Homeland
916Security documents for the sole purpose of establishing the
917maintenance of, or efforts to maintain, continuous lawful
918presence:
919(I) A notice of hearing from an immigration court
920scheduling a hearing on any proceeding.
921(II) A notice from the Board of Immigration Appeals
922acknowledging pendency of an appeal.
923(III) A notice of the approval of an application for
924adjustment of status issued by the United States Citizenship and
925Immigration Services.
926(IV) An official documentation confirming the filing of a
927petition for asylum or refugee status or any other relief issued
928by the United States Citizenship and Immigration Services.
929(V) A notice of action transferring any pending matter from
930another jurisdiction to Florida, issued by the United States
931Citizenship and Immigration Services.
932(VI) An order of an immigration judge or immigration
933officer granting relief that authorizes the alien to live and
934work in the United States, including, but not limited to,
935asylum.
936(VII) Evidence that an application is pending for
937adjustment of status to that of an alien lawfully admitted for
938permanent residence in the United States or conditional
939permanent resident status in the United States, if a visa number
940is available having a current priority date for processing by
941the United States Citizenship and Immigration Services.
942(VIII) On or after January 1, 2010, an unexpired foreign
943passport with an unexpired United States Visa affixed,
944accompanied by an approved I-94, documenting the most recent
945admittance into the United States.
946
947An identification card issued based on documents required in
948sub-subparagraph g. or sub-subparagraph h. is valid for a period
949not to exceed the expiration date of the document presented or 1
950year, whichever occurs first.
951Section 18. Subsection (1) of section 322.17, Florida
952Statutes, is amended to read:
953322.17 Replacement licenses and permits.—
954(1)(a) In the event that an instruction permit or driver
955license issued under [the provisions of] this chapter is lost or
956destroyed, the person to whom the same was issued may, upon
957payment of the appropriate fee pursuant to s. 322.21, obtain a
958replacement upon furnishing proof satisfactory to the department
959that such permit or license has been lost or destroyed, and
960further furnishing the full name, date of birth, sex, residence
961and mailing address, e-mail address, proof of birth satisfactory
962to the department, and proof of identity satisfactory to the
963department.
964(b) In the event that an instruction permit or driver
965license issued under [the provisions of] this chapter is stolen,
966the person to whom the same was issued may, at no charge, obtain
967a replacement upon furnishing proof satisfactory to the
968department that such permit or license was stolen and further
969furnishing the full name, date of birth, sex, residence and
970mailing address, e-mail address, proof of birth satisfactory to
971the department, and proof of identity satisfactory to the
972department.
973Section 19. Subsections (1), (2), (3), and (6) of section
974322.251, Florida Statutes, are amended to read:
975322.251 Notice of cancellation, suspension, revocation, or
976disqualification of license.—
977(1) All orders of cancellation, suspension, revocation, or
978disqualification issued under [the provisions of] this chapter,
979chapter 318, chapter 324, or ss. 627.732-627.734 must [shall] be
980given [either] by personal delivery [thereof] to the licensee whose
981license is being canceled, suspended, revoked, or disqualified;
982[or] by deposit in the United States mail in an envelope, first
983class, postage prepaid, addressed to the licensee at his or her
984last known mailing address furnished to the department; or by e
985mail notification if authorized by the licensee. Such methods of
986notification [mailing] by the department constitute notice
987[constitutes notification], and any failure by the person to
988receive the [mailed] order does [will] not affect or stay the
989effective date or term of the cancellation, suspension,
990revocation, or disqualification of the licensee’s driving
991privilege.
992(2) The giving of notice and an order of cancellation,
993suspension, revocation, or disqualification [by mail] is complete
994upon expiration of 20 days after e-mail notification or deposit
995in the United States mail for all notices except those issued
996under chapter 324 or ss. 627.732–627.734, which are complete 15
997days after e-mail notification or deposit in the United States
998mail. Proof of the giving of notice and an order of
999cancellation, suspension, revocation, or disqualification in
 1000  such [either] manner must [shall] be made by entry in the records of
 1001  the department that such notice was given. The entry is
 1002  admissible in the courts of this state and constitutes
 1003  sufficient proof that such notice was given.
 1004  (3) Whenever the driving privilege is suspended, revoked,
 1005  or disqualified under [the provisions of] this chapter, the period
 1006  of such suspension, revocation, or disqualification must [shall]
 1007  be indicated on the order of suspension, revocation, or
 1008  disqualification, and the department shall require the licensee
 1009  whose driving privilege is suspended, revoked, or disqualified
 1010  to surrender all licenses then held by him or her to the
 1011  department. However, if [should] the person fails [fail] to
 1012  surrender such licenses, the suspension, revocation, or
 1013  disqualification period does [shall] not expire until a period
 1014  identical to the period for which the driving privilege was
 1015  suspended, revoked, or disqualified has expired after the date
 1016  of surrender of the licenses, or the date an affidavit swearing
 1017  such licenses are lost has been filed with the department. In
 1018  any instance where notice of the suspension, revocation, or
 1019  disqualification order is given [mailed] as provided herein, and
 1020  the license is not surrendered to the department, and such
 1021  license thereafter expires, the department may [shall] not renew
 1022  that license until a period of time identical to the period of
 1023  such suspension, revocation, or disqualification imposed has
 1024  expired.
 1025  (6) Whenever a cancellation, suspension, revocation, or
 1026  disqualification occurs, the department shall enter the
 1027  cancellation, suspension, revocation, or disqualification order
 1028  on the licensee’s driver file 20 days after e-mail notification
 1029  or deposit [the notice was actually placed] in the United States
 1030  mail. Any inquiry into the file after the 20-day period shall
 1031  reveal that the license is canceled, suspended, revoked, or
 1032  disqualified and whether the license has been received by the
 1033  department.
 1034  Section 20. Paragraphs (a) and (i) of subsection (3) and
 1035  paragraphs (b), (d), and (r) of subsection (7) of section
 1036  337.401, Florida Statutes, are amended to read:
 1037  337.401 Use of right-of-way for utilities subject to
 1038  regulation; permit; fees.—
 1039  (3)(a) Because of the unique circumstances applicable to
 1040  providers of communications services, including, but not limited
 1041  to, the circumstances described in paragraph (e) and the fact
 1042  that federal and state law require the nondiscriminatory
 1043  treatment of providers of telecommunications services, and
 1044  because of the desire to promote competition among providers of
 1045  communications services, it is the intent of the Legislature
 1046  that municipalities and counties treat providers of
 1047  communications services in a nondiscriminatory and competitively
 1048  neutral manner when imposing rules or regulations governing the
 1049  placement or maintenance of communications facilities in the
 1050  public roads or rights-of-way. Rules or regulations imposed by a
 1051  municipality or county relating to providers of communications
 1052  services placing or maintaining communications facilities in its
 1053  roads or rights-of-way must be generally applicable to all
 1054  providers of communications services, taking into account the
 1055  distinct engineering, construction, operation, maintenance,
 1056  public works, and safety requirements of the provider’s
 1057  facilities, and, notwithstanding any other law, may not require
 1058  a provider of communications services to apply for or enter into
 1059  an individual license, franchise, or other agreement with the
 1060  municipality or county as a condition of placing or maintaining
 1061  communications facilities in its roads or rights-of-way. In
 1062  addition to other reasonable rules or regulations that a
 1063  municipality or county may adopt relating to the placement or
 1064  maintenance of communications facilities in its roads or rights
 1065  of-way under this subsection or subsection (7), a municipality
 1066  or county may require a provider of communications services that
 1067  places or seeks to place facilities in its roads or rights-of
 1068  way to register with the municipality or county. To register, a
 1069  provider of communications services may be required only to
 1070  provide its name; the name, address, and telephone number of a
 1071  contact person for the registrant; the number of the
 1072  registrant’s current certificate of authorization issued by the
 1073  Florida Public Service Commission, the Federal Communications
 1074  Commission, or the Department of State; a statement of whether
 1075  the registrant is a pass-through provider as defined in
 1076  subparagraph (6)(a)1.; the registrant’s federal employer
 1077  identification number; and any required proof of insurance or
 1078  self-insuring status adequate to defend and cover claims. A
 1079  municipality or county may not require a registrant to renew a
 1080  registration more frequently than every 5 years but may require
 1081  during this period that a registrant update the registration
 1082  information provided under this subsection within 90 days after
 1083  a change in such information. A municipality or county may not
 1084  require the registrant to provide an inventory of communications
 1085  facilities, maps, locations of such facilities, or other
 1086  information by a registrant as a condition of registration,
 1087  renewal, or for any other purpose; provided, however, that a
 1088  municipality or county may require as part of a permit
 1089  application that the applicant identify at-grade communications
 1090  facilities within 50 feet of the proposed installation location
 1091  for the placement of at-grade communications facilities. A
 1092  municipality or county may not require that a provider locate or
 1093  perform a survey of any facilities except its own or any right
 1094  of-way boundary when requesting a permit consistent with chapter
 1095  556. If the owner of a facility fails to locate their facilities
 1096  as required under chapter 556, a provider may proceed with the
 1097  work but must use reasonable care and detection equipment or
 1098  other acceptable means to avoid damaging existing underground
 1099  facilities. A municipality or county may not require a provider
 1100  to pay any fee, cost, or other charge for registration or
 1101  renewal thereof. A municipality or county may not limit the
 1102  number of permits in any way, including by project size or by
 1103  limiting the number of open permits or applications, provided
 1104  that the permit is closed out within 45 days after the
 1105  provider’s completion of work. A municipality or county may
 1106  require the submission or maintenance of a bond or other
 1107  financial instrument as set out in this section but may not
 1108  require a cash deposit or other escrow, payment, or exaction as
 1109  a condition of issuing a permit. It is the intent of the
 1110  Legislature that the placement, operation, maintenance,
 1111  upgrading, and extension of communications facilities not be
 1112  unreasonably interrupted or delayed through the permitting or
 1113  other local regulatory process. Except as provided in this
 1114  chapter or otherwise expressly authorized by chapter 202,
 1115  chapter 364, or chapter 610, a municipality or county may not
 1116  adopt or enforce any ordinance, regulation, or requirement as to
 1117  the placement or operation of communications facilities in a
 1118  right-of-way by a communications services provider authorized by
 1119  state or local law to operate in a right-of-way; regulate any
 1120  communications services; or impose or collect any tax, fee,
 1121  cost, charge, or exaction for the placement of communications
 1122  facilities or the provision of communications services over the
 1123  communications services provider’s communications facilities in
 1124  a right-of-way.
 1125  (i) Except as expressly provided in this section, this
 1126  section does not modify the authority of municipalities and
 1127  counties to levy the tax authorized in chapter 202 or the duties
 1128  of providers of communications services under ss. 337.402
 1129  337.404. This section does not apply to [building permits,] pole
 1130  attachments, [or] private roads, private easements, [and] private
 1131  rights-of-way, or building permits unrelated to the placement of
 1132  communications facilities.
 1133  (7)
 1134  (b) As used in subsections (3)-(9) [this subsection], the
 1135  term:
 1136  1. “Antenna” means communications equipment that transmits
 1137  or receives electromagnetic radio frequency signals used in
 1138  providing wireless services.
 1139  2. “Applicable codes” means uniform building, fire,
 1140  electrical, plumbing, or mechanical codes adopted by a
 1141  recognized national code organization or local amendments to
 1142  those codes enacted solely to address threats of destruction of
 1143  property or injury to persons, and includes the National
 1144  Electric Safety Code and the 2017 edition of the Florida
 1145  Department of Transportation Utility Accommodation Manual.
 1146  3. “Applicant” means a person who submits an application
 1147  and is a wireless provider.
 1148  4. “Application” means a request submitted by an applicant
 1149  to an authority for a permit to collocate small wireless
 1150  facilities, [or to] place a new utility pole used to support a
 1151  small wireless facility, or place other communications
 1152  facilities. An authority’s permit application form or process
 1153  must include all required permissions, however designated,
 1154  required by the authority to grant a permit to place
 1155  communications facilities, including, but not limited to, right
 1156  of-way occupancy, building permits, electrical permits, or
 1157  historic review.
 1158  5. “Authority” means a county or municipality having
 1159  jurisdiction and control of the rights-of-way of any public
 1160  road. The term does not include the Department of
 1161  Transportation. Rights-of-way under the jurisdiction and control
 1162  of the department are excluded from this subsection.
 1163  6. “Authority utility pole” means a utility pole owned by
 1164  an authority in the right-of-way. The term does not include a
 1165  utility pole owned by a municipal electric utility, a utility
 1166  pole used to support municipally owned or operated electric
 1167  distribution facilities, or a utility pole located in the right
 1168  of-way within:
 1169  a. A retirement community that:
 1170  (I) Is deed restricted as housing for older persons as
 1171  defined in s. 760.29(4)(b);
 1172  (II) Has more than 5,000 residents; and
 1173  (III) Has underground utilities for electric transmission
 1174  or distribution.
 1175  b. A municipality that:
 1176  (I) Is located on a coastal barrier island as defined in s.
 1177  161.053(1)(b)3.;
 1178  (II) Has a land area of less than 5 square miles;
 1179  (III) Has less than 10,000 residents; and
 1180  (IV) Has, before July 1, 2017, received referendum approval
 1181  to issue debt to finance municipal-wide undergrounding of its
 1182  utilities for electric transmission or distribution.
 1183  7. “Collocate” or “collocation” means to install, mount,
 1184  maintain, modify, operate, or replace one or more wireless
 1185  facilities on, under, within, or adjacent to a wireless support
 1186  structure or utility pole. The term does not include the
 1187  installation of a new utility pole or wireless support structure
 1188  in the public rights-of-way.
 1189  8. “FCC” means the Federal Communications Commission.
 1190  9. “Micro wireless facility” means a small wireless
 1191  facility having dimensions no larger than 24 inches in length,
 1192  15 inches in width, and 12 inches in height and an exterior
 1193  antenna, if any, no longer than 11 inches.
 1194  10. “Small wireless facility” means a wireless facility
 1195  that meets the following qualifications:
 1196  a. Each antenna associated with the facility is located
 1197  inside an enclosure of no more than 6 cubic feet in volume or,
 1198  in the case of antennas that have exposed elements, each antenna
 1199  and all of its exposed elements could fit within an enclosure of
 1200  no more than 6 cubic feet in volume; and
 1201  b. All other wireless equipment associated with the
 1202  facility is cumulatively no more than 28 cubic feet in volume.
 1203  The following types of associated ancillary equipment are not
 1204  included in the calculation of equipment volume: electric
 1205  meters, concealment elements, telecommunications demarcation
 1206  boxes, ground-based enclosures, grounding equipment, power
 1207  transfer switches, cutoff switches, vertical cable runs for the
 1208  connection of power and other services, and utility poles or
 1209  other support structures.
 1210  11. “Utility pole” means a pole or similar structure that
 1211  is used in whole or in part to provide communications services
 1212  or for electric distribution, lighting, traffic control,
 1213  signage, or a similar function. The term includes the vertical
 1214  support structure for traffic lights but does not include a
 1215  horizontal structure to which signal lights or other traffic
 1216  control devices are attached and does not include a pole or
 1217  similar structure 15 feet in height or less unless an authority
 1218  grants a waiver for such pole.
 1219  12. “Wireless facility” means equipment at a fixed location
 1220  which enables wireless communications between user equipment and
 1221  a communications network, including radio transceivers,
 1222  antennas, wires, coaxial or fiber-optic cable or other cables,
 1223  regular and backup power supplies, and comparable equipment,
 1224  regardless of technological configuration, and equipment
 1225  associated with wireless communications. The term includes small
 1226  wireless facilities. The term does not include:
 1227  a. The structure or improvements on, under, within, or
 1228  adjacent to the structure on which the equipment is collocated;
 1229  b. Wireline backhaul facilities; or
 1230  c. Coaxial or fiber-optic cable that is between wireless
 1231  structures or utility poles or that is otherwise not immediately
 1232  adjacent to or directly associated with a particular antenna.
 1233  13. “Wireless infrastructure provider” means a person who
 1234  has been certificated under chapter 364 to provide
 1235  telecommunications service or under chapter 610 to provide cable
 1236  or video services in this state, or that person’s affiliate, and
 1237  who builds or installs wireless communication transmission
 1238  equipment, wireless facilities, or wireless support structures
 1239  but is not a wireless services provider.
 1240  14. “Wireless provider” means a wireless infrastructure
 1241  provider or a wireless services provider.
 1242  15. “Wireless services” means any services provided using
 1243  licensed or unlicensed spectrum, whether at a fixed location or
 1244  mobile, using wireless facilities.
 1245  16. “Wireless services provider” means a person who
 1246  provides wireless services.
 1247  17. “Wireless support structure” means a freestanding
 1248  structure, such as a monopole, a guyed or self-supporting tower,
 1249  or another existing or proposed structure designed to support or
 1250  capable of supporting wireless facilities. The term does not
 1251  include a utility pole, pedestal, or other support structure for
 1252  ground-based equipment not mounted on a utility pole and less
 1253  than 5 feet in height.
 1254  (d) An authority may require a registration process and
 1255  permit fees in accordance with subsection (3). An authority
 1256  shall accept applications for permits and shall process and
 1257  issue permits subject to the following requirements:
 1258  1. An authority may not directly or indirectly require an
 1259  applicant to perform services unrelated to the collocation for
 1260  which approval is sought, such as in-kind contributions to the
 1261  authority, including reserving fiber, conduit, or pole space for
 1262  the authority.
 1263  2. An applicant may not be required to provide more
 1264  information to obtain a permit than is necessary to demonstrate
 1265  the applicant’s compliance with applicable codes for the
 1266  placement of small wireless facilities in the locations
 1267  identified in the application. An applicant may not be required
 1268  to provide inventories, maps, or locations of communications
 1269  facilities in the right-of-way other than as necessary to avoid
 1270  interference with other at-grade or aerial facilities located at
 1271  the specific location proposed for a small wireless facility or
 1272  within 50 feet of such location.
 1273  3. An authority may not:
 1274  a. Require the placement of small wireless facilities on
 1275  any specific utility pole or category of poles;
 1276  b. Require the placement of multiple antenna systems on a
 1277  single utility pole;
 1278  c. Require a demonstration that collocation of a small
 1279  wireless facility on an existing structure is not legally or
 1280  technically possible as a condition for granting a permit for
 1281  the collocation of a small wireless facility on a new utility
 1282  pole except as provided in paragraph (i);
 1283  d. Require compliance with an authority’s provisions
 1284  regarding placement of communications facilities, including
 1285  small wireless facilities or [a] new utility poles [pole] used to
 1286  support [a] small wireless facilities, [facility] in rights-of-way
 1287  under the control of the department unless the authority has
 1288  received a delegation from the department for the location of
 1289  the small wireless facility or utility pole;[,] or require such
 1290  compliance as a condition to receive a permit that is ancillary
 1291  to the permit for collocation of a small wireless facility,
 1292  including an electrical permit;
 1293  e. Require a meeting before filing an application;
 1294  f. Require direct or indirect public notification or a
 1295  public meeting for the placement of communication facilities in
 1296  the right-of-way;
 1297  g. Limit the size or configuration of a small wireless
 1298  facility or any of its components, if the small wireless
 1299  facility complies with the size limits in this subsection;
 1300  h. Prohibit the installation of a new utility pole used to
 1301  support the collocation of a small wireless facility if the
 1302  installation otherwise meets the requirements of this
 1303  subsection; [or]
 1304  i. Require that any component of a small wireless facility
 1305  be placed underground except as provided in paragraph (i); or
 1306  j. Require compliance with provisions regarding the
 1307  placement of communications facilities, including small wireless
 1308  facilities or new utility poles used to support small wireless
 1309  facilities, in rights-of-way not owned and controlled by the
 1310  authority and public utility easements that are within areas not
 1311  owned and controlled by the authority unless a permit delegation
 1312  agreement exists between the authority and the owner of the
 1313  right-of-way or area that contains the public utility easement.
 1314  4. Subject to paragraph (r), an authority may not limit the
 1315  placement, by minimum separation distances, of small wireless
 1316  facilities, utility poles on which small wireless facilities are
 1317  or will be collocated, or other at-grade communications
 1318  facilities. However, within 14 days after the date of filing the
 1319  application, an authority may request that the proposed location
 1320  of a small wireless facility be moved to another location in the
 1321  right-of-way and placed on an alternative authority utility pole
 1322  or support structure or placed on a new utility pole. The
 1323  authority and the applicant may negotiate the alternative
 1324  location, including any objective design standards and
 1325  reasonable spacing requirements for ground-based equipment, for
 1326  30 days after the date of the request. At the conclusion of the
 1327  negotiation period, if the alternative location is accepted by
 1328  the applicant, the applicant must notify the authority of such
 1329  acceptance and the application shall be deemed granted for any
 1330  new location for which there is agreement and all other
 1331  locations in the application. If an agreement is not reached,
 1332  the applicant must notify the authority of such nonagreement and
 1333  the authority must grant or deny the original application within
 1334  90 days after the date the application was filed. A request for
 1335  an alternative location, an acceptance of an alternative
 1336  location, or a rejection of an alternative location must be in
 1337  writing and provided by electronic mail.
 1338  5. An authority shall limit the height of a small wireless
 1339  facility to 10 feet above the utility pole or structure upon
 1340  which the small wireless facility is to be collocated. Unless
 1341  waived by an authority, the height for a new utility pole is
 1342  limited to the tallest existing utility pole as of July 1, 2017,
 1343  located in the same right-of-way, other than a utility pole for
 1344  which a waiver has previously been granted, measured from grade
 1345  in place within 500 feet of the proposed location of the small
 1346  wireless facility. If there is no utility pole within 500 feet,
 1347  the authority shall limit the height of the utility pole to 50
 1348  feet.
 1349  6. The installation by a communications services provider
 1350  of a utility pole in the public rights-of-way, other than a
 1351  utility pole used to support a small wireless facility, is
 1352  subject to authority rules or regulations governing the
 1353  placement of utility poles in the public rights-of-way.
 1354  7. Within 14 days after receiving an application, an
 1355  authority must determine and notify the applicant by electronic
 1356  mail as to whether the application is complete. If an
 1357  application is deemed incomplete, the authority must
 1358  specifically identify the missing information. An application is
 1359  deemed complete if the authority fails to provide notification
 1360  to the applicant within 14 days.
 1361  8. An application must be processed on a nondiscriminatory
 1362  basis. A complete application is deemed approved if an authority
 1363  fails to approve or deny the application within 60 days after
 1364  receipt of the application. If an authority does not use the 30
 1365  day negotiation period provided in subparagraph 4., the parties
 1366  may mutually agree to extend the 60-day application review
 1367  period. The authority shall grant or deny the application at the
 1368  end of the extended period. A permit issued pursuant to an
 1369  approved application shall remain effective for 1 year unless
 1370  extended by the authority.
 1371  9. An authority must notify the applicant of approval or
 1372  denial by electronic mail. An authority shall approve a complete
 1373  application unless it does not meet the authority’s applicable
 1374  codes. If the application is denied, the authority must specify
 1375  in writing the basis for denial, including the specific code
 1376  provisions on which the denial was based, and send the
 1377  documentation to the applicant by electronic mail on the day the
 1378  authority denies the application. The applicant may cure the
 1379  deficiencies identified by the authority and resubmit the
 1380  application within 30 days after notice of the denial is sent to
 1381  the applicant. The authority shall approve or deny the revised
 1382  application within 30 days after receipt or the application is
 1383  deemed approved. The review of a revised application is limited
 1384  to the deficiencies cited in the denial. If an authority
 1385  provides for administrative review of the denial of an
 1386  application, the review must be complete and a written decision
 1387  issued within 45 days after a written request for review is
 1388  made. A denial must identify the specific code provisions on
 1389  which the denial is based. If the administrative review is not
 1390  complete within 45 days, the authority waives any claim
 1391  regarding failure to exhaust administrative remedies in any
 1392  judicial review of the denial of an application.
 1393  10. An applicant seeking to collocate small wireless
 1394  facilities within the jurisdiction of a single authority may, at
 1395  the applicant’s discretion, file a consolidated application and
 1396  receive a single permit for the collocation of up to 30 small
 1397  wireless facilities. If the application includes multiple small
 1398  wireless facilities, an authority may separately address small
 1399  wireless facility collocations for which incomplete information
 1400  has been received or which are denied.
 1401  11. An authority may deny an application to collocate a
 1402  small wireless facility or place a utility pole used to support
 1403  a small wireless facility in the public rights-of-way if the
 1404  proposed small wireless facility or utility pole used to support
 1405  a small wireless facility:
 1406  a. Materially interferes with the safe operation of traffic
 1407  control equipment.
 1408  b. Materially interferes with sight lines or clear zones
 1409  for transportation, pedestrians, or public safety purposes.
 1410  c. Materially interferes with compliance with the Americans
 1411  with Disabilities Act or similar federal or state standards
 1412  regarding pedestrian access or movement.
 1413  d. Materially fails to comply with the 2017 edition of the
 1414  Florida Department of Transportation Utility Accommodation
 1415  Manual.
 1416  e. Fails to comply with applicable codes.
 1417  f. Fails to comply with objective design standards
 1418  authorized under paragraph (r).
 1419  12. An authority may adopt by ordinance provisions for
 1420  insurance coverage, indemnification, force majeure, abandonment,
 1421  authority liability, or authority warranties. Such provisions
 1422  must be reasonable and nondiscriminatory and apply to all
 1423  providers of communications services, including, if applicable,
 1424  any local government or nonprofit providers. An authority may
 1425  require a construction bond to secure restoration of the
 1426  postconstruction rights-of-way to the preconstruction condition.
 1427  However, such bond must be time-limited to not more than 18
 1428  months after the construction to which the bond applies is
 1429  completed, and such bond must be reasonably related to the cost
 1430  to secure restoration of the rights-of-way. An authority may not
 1431  limit the number of permits allowed under the same bond. For any
 1432  financial obligation required by an authority allowed under this
 1433  section, the authority may not limit the number of permits in
 1434  any way, including by project size or by limiting the number of
 1435  applications or open permits, provided that the permit is closed
 1436  out within 45 days after the provider’s completion of work; may
 1437  not impose additional requirements based on the scope or linear
 1438  feet of the project; and shall accept, at the option of the
 1439  applicant, a bond or a letter of credit or similar financial
 1440  instrument issued by any financial institution that is
 1441  authorized to do business within the United States and[, provided]
 1442  that a claim against the financial instrument may be made by
 1443  electronic means[, including by facsimile]. An authority may not
 1444  require a deposit or escrow of cash as a condition of issuing a
 1445  permit or compel the applicant to agree to any additional terms
 1446  or agreements not specifically authorized by this act or
 1447  directly related to the work set out in the application. A
 1448  provider of communications services may add an authority to any
 1449  existing bond, insurance policy, or other relevant financial
 1450  instrument, and the authority must accept such proof of coverage
 1451  without any conditions other than consent to venue for purposes
 1452  of any litigation to which the authority is a party. An
 1453  authority may not require a communications services provider to
 1454  indemnify it for liabilities not caused by the provider, its
 1455  agents, or its employees, including liabilities arising from the
 1456  authority’s negligence, gross negligence, or willful conduct by
 1457  an unaffiliated third party.
 1458  13. Collocation of a small wireless facility on an
 1459  authority utility pole does not provide the basis for the
 1460  imposition of an ad valorem tax on the authority utility pole.
 1461  14. An authority may reserve space on authority utility
 1462  poles for future public safety uses. However, a reservation of
 1463  space may not preclude collocation of a small wireless facility.
 1464  If replacement of the authority utility pole is necessary to
 1465  accommodate the collocation of the small wireless facility and
 1466  the future public safety use, the pole replacement is subject to
 1467  make-ready provisions and the replaced pole shall accommodate
 1468  the future public safety use.
 1469  15. A structure granted a permit and installed pursuant to
 1470  this subsection shall comply with chapter 333 and federal
 1471  regulations pertaining to airport airspace protections.
 1472  (r) An authority may require wireless providers to comply
 1473  with objective design standards adopted by ordinance. The
 1474  ordinance may only require:
 1475  1. A new utility pole that replaces an existing utility
 1476  pole to be of substantially similar design, material, and color;
 1477  2. Reasonable spacing requirements concerning the location
 1478  of a ground-mounted component of a small wireless facility which
 1479  does not exceed 15 feet from the associated support structure;
 1480  or
 1481  3. A small wireless facility to meet reasonable location
 1482  context, color, camouflage, and concealment requirements,
 1483  subject to the limitations in this subsection; and
 1484  4. A new utility pole used to support a small wireless
 1485  facility to meet reasonable location context, color, and
 1486  material of the predominant utility pole type at the proposed
 1487  location of the new utility pole.
 1488
 1489  Such design standards under this paragraph may be waived by the
 1490  authority upon a showing that the design standards are not
 1491  reasonably compatible for the particular location of a small
 1492  wireless facility or utility pole or are technically infeasible
 1493  or that the design standards impose an excessive expense. The
 1494  waiver must be granted or denied within 45 days after the date
 1495  of the request. An authority may not require landscaping,
 1496  landscaping maintenance, or vegetation management other than
 1497  that necessary for right-of-way restoration.
 1498  Section 21. Paragraph (a) of subsection (8) of section
 1499  120.80, Florida Statutes, is amended to read:
 1500  120.80 Exceptions and special requirements; agencies.—
 1501  (8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—
 1502  (a) Driver licenses.—
 1503  1. Notwithstanding s. 120.57(1)(a), hearings regarding
 1504  driver licensing pursuant to chapter 322 need not be conducted
 1505  by an administrative law judge assigned by the division.
 1506  2. Notwithstanding s. 120.60(5), cancellation, suspension,
 1507  or revocation of a driver license shall be by personal delivery
 1508  to the licensee or by first-class mail or e-mail as provided in
 1509  s. 322.251.
 1510  Section 22. Section 207.003, Florida Statutes, is amended
 1511  to read:
 1512  207.003 Privilege tax levied.—A tax for the privilege of
 1513  operating any qualified [commercial] motor vehicle upon the public
 1514  highways of this state shall be levied upon every motor carrier
 1515  at a rate which includes the minimum rates provided in parts I
 1516  III of chapter 206 on each gallon of [diesel fuel or] motor fuel
 1517  used for the propulsion of a qualified [commercial] motor vehicle
 1518  by such motor carrier within this [the] state.
 1519  Section 23. Section 207.008, Florida Statutes, is amended
 1520  to read:
 1521  207.008 Retention of records by motor carrier.—Each
 1522  licensed [registered] motor carrier shall maintain and keep
 1523  pertinent records and papers as may be required by the
 1524  department for the reasonable administration of this chapter and
 1525  shall preserve the records upon which each [quarterly] tax return
 1526  is based for 4 years after [following] the due date or filing date
 1527  of the return, whichever is later.
 1528  Section 24. Subsection (3) of section 207.011, Florida
 1529  Statutes, is amended to read:
 1530  207.011 Inspection of records; hearings; forms; rules.—
 1531  (3) The department, or any authorized agent thereof, may [is]
 1532  [authorized to] examine the records, books, papers, and equipment
 1533  of any motor carrier, any retail dealer of motor [diesel] fuels,
 1534  and any wholesale distributor of [diesel fuels or] motor fuels
 1535  which [that] are deemed necessary to verify the truth and accuracy
 1536  of any statement, [or] report, or return and ascertain whether the
 1537  tax imposed by this chapter has been paid.
 1538  Section 25. Section 207.013, Florida Statutes, is amended
 1539  to read:
 1540  207.013 Suits for collection of unpaid taxes, penalties,
 1541  and interest.—Upon demand of the department, the Department of
 1542  Legal Affairs or the state attorney for a judicial circuit shall
 1543  bring appropriate actions, in the name of the state or in the
 1544  name of the Department of Highway Safety and Motor Vehicles in
 1545  the capacity of its office, for the recovery of taxes,
 1546  penalties, and interest due under this chapter; and judgment
 1547  shall be rendered for the amount so found to be due together
 1548  with costs. However, if it is [shall be] found as a fact that such
 1549  claim for, or grant of, an exemption or credit was willful on
 1550  the part of any motor carrier, retail dealer, or distributor of
 1551  [diesel fuel or] motor fuel, judgment must [shall] be rendered for
 1552  double the amount of the tax found to be due with costs. The
 1553  department may employ an attorney at law to institute and
 1554  prosecute proper proceedings to enforce payment of the taxes,
 1555  penalties, and interest provided for by this chapter and may fix
 1556  the compensation for the services of such attorney at law.
 1557  Section 26. Subsection (3) of section 207.014, Florida
 1558  Statutes, is amended to read:
 1559  207.014 Departmental warrant for collection of unpaid
 1560  taxes.—
 1561  (3) In the event there is a contest or claim of any kind
 1562  with reference to the property levied upon or the amount of
 1563  taxes, costs, or penalties due, such contest or claim must [shall]
 1564  be tried in the circuit court in and for the county in which the
 1565  warrant was executed, as nearly as may be in the same manner and
 1566  means as such contest or claim would have been tried in such
 1567  court had the warrant originally issued upon a judgment rendered
 1568  by such court. The warrant issued as provided in this section
 1569  constitutes [shall constitute] prima facie evidence of the amount
 1570  of taxes, interest, and penalties due to the state by the motor
 1571  carrier,[;] and the burden of proof is [shall be] upon the motor
 1572  carrier, retail dealer, or distributor of [diesel fuel or] motor
 1573  fuel to show that the amounts or penalties were incorrect.
 1574  Section 27. Subsections (1) and (3) of section 207.023,
 1575  Florida Statutes, are amended to read:
 1576  207.023 Authority to inspect vehicles, make arrests, seize
 1577  property, and execute warrants.—
 1578  (1) As a part of their responsibility when inspecting
 1579  qualified motor [commercial] vehicles, the Department of Highway
 1580  Safety and Motor Vehicles, the Department of Agriculture and
 1581  Consumer Services, and the Department of Transportation shall
 1582  ensure that all vehicles are properly qualified under [the]
 1583  [provisions of] this chapter.
 1584  (3) Qualified [commercial] motor vehicles owned or operated
 1585  by any motor carrier who refuses to comply with this chapter may
 1586  be seized by authorized agents or employees of the Department of
 1587  Highway Safety and Motor Vehicles, the Department of Agriculture
 1588  and Consumer Services, or the Department of Transportation; or
 1589  authorized agents and employees of any of these departments also
 1590  may seize property as set out in ss. 206.205, 206.21, and
 1591  206.215. Upon such seizure, the property must [shall] be
 1592  surrendered without delay to the sheriff of the county where the
 1593  property was seized for further proceedings.
 1594  Section 28. Subsections (1) and (6) of section 207.0281,
 1595  Florida Statutes, are amended to read:
 1596  207.0281 [Registration;] Cooperative reciprocal agreements
 1597  between states.—
 1598  (1) The Department of Highway Safety and Motor Vehicles may
 1599  enter into a cooperative reciprocal agreement, including, but
 1600  not limited to, the International Fuel Tax [fuel-tax] Agreement,
 1601  with another state or group of states for the administration of
 1602  the tax imposed by this chapter. An agreement arrangement,
 1603  declaration, or amendment is not effective until stated in
 1604  writing and filed with the Department of Highway Safety and
 1605  Motor Vehicles.
 1606  (6) This section and the contents of any reciprocal
 1607  agreement entered into under this section supersede all other
 1608  fuel-tax requirements of this chapter for qualified [commercial]
 1609  motor vehicles.
 1610  Section 29. Paragraph (aa) of subsection (7) of section
 1611  212.08, Florida Statutes, is amended to read:
 1612  212.08 Sales, rental, use, consumption, distribution, and
 1613  storage tax; specified exemptions.—The sale at retail, the
 1614  rental, the use, the consumption, the distribution, and the
 1615  storage to be used or consumed in this state of the following
 1616  are hereby specifically exempt from the tax imposed by this
 1617  chapter.
 1618  (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
 1619  entity by this chapter do not inure to any transaction that is
 1620  otherwise taxable under this chapter when payment is made by a
 1621  representative or employee of the entity by any means,
 1622  including, but not limited to, cash, check, or credit card, even
 1623  when that representative or employee is subsequently reimbursed
 1624  by the entity. In addition, exemptions provided to any entity by
 1625  this subsection do not inure to any transaction that is
 1626  otherwise taxable under this chapter unless the entity has
 1627  obtained a sales tax exemption certificate from the department
 1628  or the entity obtains or provides other documentation as
 1629  required by the department. Eligible purchases or leases made
 1630  with such a certificate must be in strict compliance with this
 1631  subsection and departmental rules, and any person who makes an
 1632  exempt purchase with a certificate that is not in strict
 1633  compliance with this subsection and the rules is liable for and
 1634  shall pay the tax. The department may adopt rules to administer
 1635  this subsection.
 1636  (aa) Qualified motor [certain commercial] vehicles.—Also
 1637  exempt is the sale, lease, or rental of a qualified [commercial]
 1638  motor vehicle as defined in s. 207.002, when the following
 1639  conditions are met:
 1640  1. The sale, lease, or rental occurs between two commonly
 1641  owned and controlled corporations;
 1642  2. Such vehicle was titled and registered in this state at
 1643  the time of the sale, lease, or rental; and
 1644  3. Florida sales tax was paid on the acquisition of such
 1645  vehicle by the seller, lessor, or renter.
 1646  Section 30. Paragraphs (a) and (b) of subsection (4) of
 1647  section 316.545, Florida Statutes, are amended to read:
 1648  316.545 Weight and load unlawful; special fuel and motor
 1649  fuel tax enforcement; inspection; penalty; review.—
 1650  (4)(a) A commercial vehicle may not be operated over the
 1651  highways of this state unless it has been properly licensed
 1652  [registered] under s. 207.004. Whenever any law enforcement
 1653  officer identified in s. 207.023(1), upon inspecting the vehicle
 1654  or combination of vehicles, determines that the vehicle is in
 1655  violation of s. 207.004, a penalty in the amount of $50 shall be
 1656  assessed, and the vehicle may be detained until payment is
 1657  collected by the law enforcement officer.
 1658  (b) In addition to the penalty provided for in paragraph
 1659  (a), the vehicle may be detained until the owner or operator of
 1660  the vehicle furnishes evidence that the vehicle has been
 1661  properly licensed [registered] pursuant to s. 207.004. Any officer
 1662  of the Florida Highway Patrol or agent of the Department of
 1663  Transportation may issue a temporary fuel-use [fuel use] permit
 1664  and collect the appropriate fee as provided for in s. 207.004(5)
 1665  [s. 207.004(4)]. Notwithstanding [the provisions of] subsection (6),
 1666  all permit fees collected pursuant to this paragraph shall be
 1667  transferred to the Department of Highway Safety and Motor
 1668  Vehicles to be allocated pursuant to s. 207.026.
 1669  Section 31. Paragraph (a) of subsection (1) of section
 1670  318.15, Florida Statutes, is amended to read:
 1671  318.15 Failure to comply with civil penalty or to appear;
 1672  penalty.—
 1673  (1)(a) If a person fails to comply with the civil penalties
 1674  provided in s. 318.18 within the time period specified in s.
 1675  318.14(4), fails to enter into or comply with the terms of a
 1676  penalty payment plan with the clerk of the court in accordance
 1677  with ss. 318.14 and 28.246, fails to attend driver improvement
 1678  school, or fails to appear at a scheduled hearing, the clerk of
 1679  the court must notify the Department of Highway Safety and Motor
 1680  Vehicles of such failure within 10 days after such failure. Upon
 1681  receipt of such notice, the department must immediately issue an
 1682  order suspending the driver license and privilege to drive of
 1683  such person effective 20 days after the date the order of
 1684  suspension is provided [mailed] in accordance with s. 322.251(1),
 1685  (2), and (6). The order also must inform the person that he or
 1686  she may contact the clerk of the court to establish a payment
 1687  plan pursuant to s. 28.246(4) to make partial payments for
 1688  court-related fines, fees, service charges, and court costs. Any
 1689  such suspension of the driving privilege which has not been
 1690  reinstated, including a similar suspension imposed outside of
 1691  this state, must remain on the records of the department for a
 1692  period of 7 years after [from] the date imposed and must be
 1693  removed from the records after the expiration of 7 years after
 1694  [from] the date it is imposed. The department may not accept the
 1695  resubmission of such suspension.
 1696  Section 32. Paragraph (b) of subsection (1) of section
 1697  319.35, Florida Statutes, is amended to read:
 1698  319.35 Unlawful acts in connection with motor vehicle
 1699  odometer readings; penalties.—
 1700  (1)
 1701  (b) It is unlawful for any person to knowingly provide
 1702  false information on the odometer readings required pursuant to
 1703  ss. 319.23(3) and 320.02(2)(d) [320.02(2)(b)].
 1704  Section 33. Subsection (3) of section 319.40, Florida
 1705  Statutes, is amended to read:
 1706  319.40 Transactions by electronic or telephonic means.—
 1707  (3) The department may collect e-mail [electronic mail]
 1708  addresses and use e-mail [electronic mail] in lieu of the United
 1709  States Postal Service as a method of notification. However, any
 1710  notice regarding the potential forfeiture or foreclosure of an
 1711  interest in property must be sent via the United States Postal
 1712  Service.
 1713  Section 34. Paragraph (b) of subsection (5) of section
 1714  320.03, Florida Statutes, is amended to read:
 1715  320.03 Registration; duties of tax collectors;
 1716  International Registration Plan.—
 1717  (5)
 1718  (b) Upon a tax collector’s request, the department may
 1719  provide ancillary technology to integrate other tax collection
 1720  systems used by tax collectors in order to provide tax
 1721  collectors with data access and uniform interface
 1722  functionalities for registration renewal transactions performed
 1723  at a tax collector’s office or online via a tax collector’s
 1724  website. The department shall prescribe the best manner of
 1725  delivering the data access and uniform interface functionalities
 1726  to tax collectors for the purpose of processing registration
 1727  renewal transactions and shall provide the ability to record and
 1728  process registration renewal transactions in the state system in
 1729  real time and bulk data reporting for vehicle registrations,
 1730  including each applicant’s e-mail [electronic mail] address
 1731  collected pursuant to s. 320.95. Such data and functionality may
 1732  be used only for purposes of fulfilling the tax collector’s
 1733  statutory duties pursuant to this chapter, chapter 319, chapter
 1734  322, or chapter 328 and may not be resold or used for any other
 1735  purpose. Such data access and uniform interface functionalities
 1736  shall be developed no later than July 1, 2023. For the purposes
 1737  of this paragraph, the term “registration renewal transactions”
 1738  means issuance of motor vehicle, mobile home, and trailer
 1739  registration certificates, registration license plates, and
 1740  validation stickers.
 1741  Section 35. Subsection (10) of section 322.08, Florida
 1742  Statutes, is amended to read:
 1743  322.08 Application for license; requirements for license
 1744  and identification card forms.—
 1745  (10) The department may collect e-mail [electronic mail]
 1746  addresses and use e-mail [electronic mail] in lieu of the United
 1747  States Postal Service as a method of notification [for the]
 1748  [purpose of providing renewal notices].
 1749  Section 36. Paragraph (a) of subsection (8) of section
 1750  322.18, Florida Statutes, is amended to read:
 1751  322.18 Original applications, licenses, and renewals;
 1752  expiration of licenses; delinquent licenses.—
 1753  (8) The department shall issue 8-year renewals using a
 1754  convenience service without reexamination to drivers who have
 1755  not attained 80 years of age. The department shall issue 6-year
 1756  renewals using a convenience service when the applicant has
 1757  satisfied the requirements of subsection (5).
 1758  (a) If the department determines from its records that the
 1759  holder of a license about to expire is eligible for renewal, the
 1760  department must [shall] mail a renewal notice to the licensee at
 1761  his or her last known address or provide a renewal notice to the
 1762  licensee by e-mail notification at least[, not less than] 30 days
 1763  before [prior to] the licensee’s birthday. The renewal notice must
 1764  [shall] direct the licensee to appear at a driver license office
 1765  for in-person renewal or to transmit the completed renewal
 1766  notice and the fees required by s. 322.21 to the department
 1767  using a convenience service.
 1768  Section 37. Subsection (4) of section 322.21, Florida
 1769  Statutes, is amended to read:
 1770  322.21 License fees; procedure for handling and collecting
 1771  fees.—
 1772  (4) If the department determines from its records or is
 1773  otherwise satisfied that the holder of a license about to expire
 1774  is entitled to have it renewed, the department must [shall] mail a
 1775  renewal notice to the licensee at his or her last known address
 1776  or provide a renewal notice to the licensee by e-mail
 1777  notification at least[, within] 30 days before the licensee’s
 1778  birthday. The licensee must [shall] be issued a renewal license,
 1779  after reexamination, if required, during the 30 days immediately
 1780  preceding his or her birthday upon presenting a renewal notice,
 1781  his or her current license, and the fee for renewal to the
 1782  department at any driver license examining office.
 1783  Section 38. Subsection (3) and paragraph (a) of subsection
 1784  (5) of section 322.245, Florida Statutes, are amended to read:
 1785  322.245 Suspension of license upon failure of person
 1786  charged with specified offense under chapter 316, chapter 320,
 1787  or this chapter to comply with directives ordered by traffic
 1788  court or upon failure to pay child support in non-IV-D cases as
 1789  provided in chapter 61 or failure to pay any financial
 1790  obligation in any other criminal case.—
 1791  (3) If the person fails to comply with the directives of
 1792  the court within the 30-day period, or, in non-IV-D cases, fails
 1793  to comply with the requirements of s. 61.13016 within the period
 1794  specified in that statute, the depository or the clerk of the
 1795  court must electronically notify the department of such failure
 1796  within 10 days. Upon electronic receipt of the notice, the
 1797  department shall immediately issue an order suspending the
 1798  person’s driver license and privilege to drive effective 20 days
 1799  after the date the order of suspension is provided [mailed] in
 1800  accordance with s. 322.251(1), (2), and (6). The order of
 1801  suspension must also contain information specifying that the
 1802  person may contact the clerk of the court to establish a payment
 1803  plan pursuant to s. 28.246(4) to make partial payments for
 1804  fines, fees, service charges, and court costs.
 1805  (5)(a) When the department receives notice from a clerk of
 1806  the court that a person licensed to operate a motor vehicle in
 1807  this state under [the provisions of] this chapter has failed to
 1808  pay financial obligations for any criminal offense other than
 1809  those specified in subsection (1), in full or in part under a
 1810  payment plan pursuant to s. 28.246(4), the department must
 1811  suspend the license of the person named in the notice. The
 1812  department shall provide [mail] an order of suspension in
 1813  accordance with s. 322.251(1), (2), and (6), which must also
 1814  contain information specifying that the person may contact the
 1815  clerk of the court to establish a payment plan pursuant to s.
 1816  28.246(4) to make partial payments for fines, fees, service
 1817  charges, and court costs.
 1818  Section 39. Subsections (3) and (5) of section 322.2615,
 1819  Florida Statutes, are amended to read:
 1820  322.2615 Suspension of license; right to review.—
 1821  (3) If the department determines that the license should be
 1822  suspended pursuant to this section and if the notice of
 1823  suspension has not already been served upon the person by a law
 1824  enforcement officer or correctional officer as provided in
 1825  subsection (1), the department shall issue a notice of
 1826  suspension and, unless the notice is provided [mailed] pursuant to
 1827  s. 322.251, a temporary permit that expires 10 days after the
 1828  date of issuance if the driver is otherwise eligible.
 1829  (5) After completion of the informal review, notice of the
 1830  department’s decision sustaining, amending, or invalidating the
 1831  suspension of the driver license of the person whose license was
 1832  suspended must be provided to such person. Such notice must be
 1833  mailed to the person at the last known address shown on the
 1834  department’s records, mailed [or] to the address provided in the
 1835  law enforcement officer’s report if such address differs from
 1836  the address of record, or e-mailed to the e-mail address
 1837  furnished to the department within 21 days after the expiration
 1838  of the temporary permit issued pursuant to subsection (1) or
 1839  subsection (3).
 1840  Section 40. Subsection (4) of section 322.2616, Florida
 1841  Statutes, is amended to read:
 1842  322.2616 Suspension of license; persons under 21 years of
 1843  age; right to review.—
 1844  (4) If the department finds that the license of the person
 1845  should be suspended under this section and if the notice of
 1846  suspension has not already been served upon the person by a law
 1847  enforcement officer or correctional officer as provided in
 1848  subsection (2), the department must [shall] issue a notice of
 1849  suspension and, unless the notice is provided [mailed] under s.
 1850  322.251, a temporary driving permit that expires 10 days after
 1851  the date of issuance if the driver is otherwise eligible.
 1852  Section 41. Subsection (3) of section 322.64, Florida
 1853  Statutes, is amended to read:
 1854  322.64 Holder of commercial driver license; persons
 1855  operating a commercial motor vehicle; driving with unlawful
 1856  blood-alcohol level; refusal to submit to breath, urine, or
 1857  blood test.—
 1858  (3) If the department determines that the person arrested
 1859  should be disqualified from operating a commercial motor vehicle
 1860  pursuant to this section and if the notice of disqualification
 1861  has not already been served upon the person by a law enforcement
 1862  officer or correctional officer as provided in subsection (1),
 1863  the department must [shall] issue a notice of disqualification
 1864  and, unless the notice is provided [mailed] pursuant to s.
 1865  322.251, a temporary permit which expires 10 days after the date
 1866  of issuance if the driver is otherwise eligible.
 1867  Section 42. Subsection (1) of section 324.091, Florida
 1868  Statutes, is amended to read:
 1869  324.091 Notice to department; notice to insurer.—
 1870  (1) Each owner and operator involved in a crash or
 1871  conviction case within the purview of this chapter shall furnish
 1872  evidence of automobile liability insurance or motor vehicle
 1873  liability insurance within 14 days after the date of providing
 1874  [the mailing of] notice of crash by the department in the form and
 1875  manner as it may designate. Upon receipt of evidence that an
 1876  automobile liability policy or motor vehicle liability policy
 1877  was in effect at the time of the crash or conviction case, the
 1878  department shall forward to the insurer such information for
 1879  verification in a method as determined by the department. The
 1880  insurer shall respond to the department within 20 days after the
 1881  notice whether or not such information is valid. If the
 1882  department determines that an automobile liability policy or
 1883  motor vehicle liability policy was not in effect and did not
 1884  provide coverage for both the owner and the operator, it must
 1885  [shall] take action as it is authorized to do under this chapter.
 1886  Section 43. Paragraph (c) of subsection (1) of section
 1887  324.171, Florida Statutes, is amended to read:
 1888  324.171 Self-insurer.—
 1889  (1) Any person may qualify as a self-insurer by obtaining a
 1890  certificate of self-insurance from the department which may, in
 1891  its discretion and upon application of such a person, issue said
 1892  certificate of self-insurance when such person has satisfied the
 1893  requirements of this section to qualify as a self-insurer under
 1894  this section:
 1895  (c) The owner of a commercial motor vehicle[,] as defined in
 1896  [s. 207.002 or] s. 320.01 or a qualified motor vehicle as defined
 1897  in s. 207.002[,] may qualify as a self-insurer subject to the
 1898  standards provided for in subparagraph (b)2.
 1899  Section 44. Subsection (3) of section 328.30, Florida
 1900  Statutes, is amended to read:
 1901  328.30 Transactions by electronic or telephonic means.—
 1902  (3) The department may collect e-mail [electronic mail]
 1903  addresses and use e-mail [electronic mail] in lieu of the United
 1904  States Postal Service as a method of notification [for the]
 1905  [purpose of providing renewal notices].
 1906  Section 45. Paragraph (b) of subsection (1) of section
 1907  328.73, Florida Statutes, is amended to read:
 1908  328.73 Registration; duties of tax collectors.—
 1909  (1)
 1910  (b) Upon a tax collector’s request, the department may
 1911  provide ancillary technology to integrate other tax collection
 1912  systems used by tax collectors in order to provide tax
 1913  collectors with data access and uniform interface
 1914  functionalities for registration renewal transactions performed
 1915  at a tax collector’s office or online via a tax collector’s
 1916  website. The department shall prescribe the best manner of
 1917  delivering the data access and uniform interface functionalities
 1918  to tax collectors for the purpose of processing registration
 1919  renewal transactions and shall provide the ability to record and
 1920  process registration renewal transactions in the state system in
 1921  real time and bulk data reporting for vessel registrations,
 1922  including each applicant’s e-mail [electronic mail] address
 1923  collected pursuant to s. 328.30. Such data and functionality may
 1924  be used only for purposes of fulfilling the tax collector’s
 1925  statutory duties pursuant to this chapter, chapter 319, chapter
 1926  320, or chapter 322 and may not be resold or used for any other
 1927  purpose. Such data access and uniform interface functionalities
 1928  shall be developed no later than July 1, 2023. For the purposes
 1929  of this paragraph, the term “registration renewal transactions”
 1930  means vessel registration certificates, vessel numbers, and
 1931  decals.
 1932  Section 46. Section 627.7415, Florida Statutes, is amended
 1933  to read:
 1934  627.7415 Commercial motor vehicles and qualified motor
 1935  vehicles; additional liability insurance coverage.—Commercial
 1936  motor vehicles[,] as defined in [s. 207.002 or] s. 320.01 and
 1937  qualified motor vehicles as defined in s. 207.002[,] operated upon
 1938  the roads and highways of this state must [shall] be insured with
 1939  the following minimum levels of combined bodily liability
 1940  insurance and property damage liability insurance in addition to
 1941  any other insurance requirements:
 1942  (1) Fifty thousand dollars per occurrence for a commercial
 1943  motor vehicle or qualified motor vehicle with a gross vehicle
 1944  weight of 26,000 pounds or more, but less than 35,000 pounds.
 1945  (2) One hundred thousand dollars per occurrence for a
 1946  commercial motor vehicle or qualified motor vehicle with a gross
 1947  vehicle weight of 35,000 pounds or more, but less than 44,000
 1948  pounds.
 1949  (3) Three hundred thousand dollars per occurrence for a
 1950  commercial motor vehicle or qualified motor vehicle with a gross
 1951  vehicle weight of 44,000 pounds or more.
 1952  (4) All commercial motor vehicles and qualified motor
 1953  vehicles subject to regulations of the United States Department
 1954  of Transportation, 49 C.F.R. part 387, subparts A and B, and as
 1955  may be hereinafter amended, must [shall] be insured in an amount
 1956  equivalent to the minimum levels of financial responsibility as
 1957  set forth in such regulations.
 1958
 1959  A violation of this section is a noncriminal traffic infraction,
 1960  punishable as a nonmoving violation as provided in chapter 318.
 1961  Section 47. This act shall take effect October 1, 2026.