Florida Senate - 2026 SB 1274
By Senator DiCeglie
18-01226A-26 20261274__
1 A bill to be entitled
2 An act relating to transportation; requiring the
3 Department of Transportation to increase the minimum
4 perception reaction time of all steady yellow signals
5 in this state by a specified amount of time; amending
6 s. 207.001, F.S.; revising a short title; reordering
7 and amending s. 207.002, F.S.; revising definitions
8 and defining terms; amending s. 207.004, F.S.;
9 requiring licensing, rather than registration, of
10 motor carriers; requiring fuel tax decals, rather than
11 identifying devices, for motor carriers; requiring
12 that a copy of the license be carried in each
13 qualified motor vehicle or made available
14 electronically; specifying how fuel tax decals are to
15 be displayed on qualified motor vehicles; requiring
16 the Department of Highway Safety and Motor Vehicles or
17 its authorized agent to issue licenses and fuel tax
18 decals; requiring that fuel tax decal renewal orders
19 be submitted electronically beginning on a specified
20 date; revising required contents of temporary fuel-use
21 permits; deleting provisions relating to driveaway
22 permits; amending s. 207.005, F.S.; revising reporting
23 periods and due dates for motor fuel use tax returns;
24 requiring that such tax returns be submitted
25 electronically beginning on a specified date; amending
26 s. 207.007, F.S.; revising requirements for
27 calculation of interest due for delinquent tax;
28 providing penalties for any person who counterfeits,
29 alters, manufactures, or sells fuel tax licenses, fuel
30 tax decals, or temporary fuel-use permits except under
31 certain circumstances; amending s. 207.019, F.S.;
32 requiring motor carriers to destroy fuel tax decals
33 under certain circumstances and notify the department;
34 amending s. 261.03, F.S.; revising the definition of
35 the term “off-highway vehicle”; amending s. 261.11,
36 F.S.; revising penalties; transferring, renumbering,
37 and amending s. 311.10(4), F.S.; defining the terms
38 “cargo purposes” and “commercial space launch
39 industry”; requiring certain seaports to submit an
40 annual report describing measures taken to support the
41 commercial space launch industry to the chair of the
42 Space Florida board of directors beginning on a
43 specified date; requiring a seaport to post such
44 report on its website; prohibiting certain seaports
45 from converting planned or existing land, facilities,
46 or infrastructure that supports cargo purposes unless
47 specified conditions are met; requiring legislative
48 approval for the use of state funds for specified
49 projects; amending s. 316.003, F.S.; revising the
50 definition of the term “micromobility device”;
51 amending s. 316.0777, F.S.; authorizing a private
52 entity to install an automated license plate
53 recognition system for use on certain property for a
54 specified purpose and providing requirements therefor;
55 amending s. 316.20655, F.S.; clarifying a provision;
56 repealing ss. 316.272 and 316.293, F.S., relating to
57 the prevention of noise from exhaust systems and motor
58 vehicle noise, respectively; amending s. 316.3045,
59 F.S.; requiring that a motor vehicle be equipped with
60 an exhaust system to prevent excessive or unusual
61 noise; providing that such system may not allow noise
62 that is audible at a specified distance from the
63 vehicle; creating s. 319.1401, F.S.; providing that
64 certain golf carts may be titled and registered for
65 operation on certain roads without an inspection by
66 the department and providing requirements therefor;
67 amending s. 322.032, F.S.; defining terms; providing
68 requirements for an electronic credentialing system;
69 providing exceptions to certain prohibitions;
70 providing for enforcement and penalties; amending s.
71 337.11, F.S.; authorizing the Department of
72 Transportation to make direct payments to certain
73 subcontractors under specified conditions; amending s.
74 337.18, F.S.; requiring the department and a surety to
75 enter into a takeover agreement under certain
76 conditions; providing requirements for such agreement;
77 amending s. 339.85, F.S.; providing legislative
78 findings; requiring the department to implement a
79 Next-generation Traffic Signal Modernization Grant
80 Program; providing the program’s purpose; requiring
81 the department to implement a state-local partnership
82 through a cost-sharing arrangement; providing
83 requirements for such arrangement; authorizing the
84 department to waive local match requirements for
85 certain intersections; requiring the department to
86 prioritize grant applications for certain
87 intersections and use competitive procurement to find
88 certain vendors; providing program requirements;
89 providing for an annual appropriation; amending ss.
90 207.003, 207.008, 207.011, 207.013, 207.014, 207.023,
91 207.0281, 212.08, 316.455, 316.545, 318.18, 324.171,
92 403.061, 403.415, and 627.7415, F.S.; conforming
93 provisions to changes made by the act; providing an
94 effective date.
95
96 Be It Enacted by the Legislature of the State of Florida:
97
98 Section 1. The Department of Transportation shall increase
99 the minimum perception reaction time of all steady yellow
100 signals in this state by 0.4 seconds.
101 Section 2. Section 207.001, Florida Statutes, is amended to
102 read:
103 207.001 Short title.—This chapter shall be known as the
104 “Florida Diesel Fuel and Motor Fuel Use Tax Act of 1981,” and
105 the taxes levied under this chapter shall be in addition to all
106 other taxes imposed by law.
107 Section 3. Section 207.002, Florida Statutes, is reordered
108 and amended to read:
109 207.002 Definitions.—As used in this chapter, the term:
110 (1)(2) “Department” means the Department of Highway Safety
111 and Motor Vehicles.
112 (2) “International Fuel Tax Agreement” means the reciprocal
113 agreement among certain states of the United States, provinces
114 of Canada, and other member jurisdictions which provides for the
115 administration, collection, and enforcement of taxes on the
116 basis of fuel consumed or distance accrued, or both, in member
117 jurisdictions.
118 (3) “Diesel fuel” means any liquid product or gas product
119 or combination thereof, including, but not limited to, all forms
120 of fuel known or sold as diesel fuel, kerosene, butane gas, or
121 propane gas and all other forms of liquefied petroleum gases,
122 except those defined as “motor fuel,” used to propel a motor
123 vehicle.
124 (4) “International Registration Plan” means a registration
125 reciprocity agreement among states of the United States and
126 provinces of Canada providing for payment of license fees or
127 license taxes on the basis of fleet miles operated in various
128 jurisdictions.
129 (3)(5) “Interstate” means vehicle movement between or
130 through two or more member jurisdictions states.
131 (4)(6) “Intrastate” means vehicle movement from one point
132 within a member jurisdiction state to another point within the
133 same member jurisdiction state.
134 (5) “Member jurisdiction” means a member of the
135 International Fuel Tax Agreement.
136 (6)(7) “Motor carrier” means any person owning,
137 controlling, operating, or managing any motor vehicle used to
138 transport persons or property over any public highway.
139 (7)(8) “Motor fuel” means any fuel placed in the fuel
140 supply storage unit of a qualified motor vehicle, including an
141 alternative fuel such as pure methanol, ethanol, or other
142 alcohol; a blend of 85 percent or more alcohol with gasoline;
143 natural gas and liquid fuel produced from natural gas; propane;
144 coal-derived liquified fuel; hydrogen; electricity; pure
145 biodiesel (B100) fuel, other than alcohol, derived from
146 biological materials; P-series fuel; or any other type of fuel
147 or energy used to propel a qualified motor vehicle what is
148 commonly known and sold as gasoline and fuels containing a
149 mixture of gasoline and other products.
150 (8)(9) “Operate,” “operated,” “operation,” or “operating”
151 means and includes the use utilization in any form of any
152 qualified commercial motor vehicle, whether loaded or empty,
153 whether used utilized for compensation or not for compensation,
154 and whether owned by or leased to the motor carrier who uses it
155 or causes it to be used.
156 (9)(10) “Person” means and includes natural persons,
157 corporations, copartnerships, firms, companies, agencies, or
158 associations, singular or plural.
159 (10)(11) “Public highway” means any public street, road, or
160 highway in this state.
161 (11)(1) “Qualified commercial motor vehicle” means any
162 vehicle not owned or operated by a governmental entity which
163 uses diesel fuel or motor fuel on the public highways; and which
164 has two axles and a gross vehicle weight or registered gross
165 vehicle weight in excess of 26,000 pounds, or has three or more
166 axles regardless of weight, or is used in combination when the
167 weight of such combination exceeds 26,000 pounds gross vehicle
168 weight or registered gross vehicle weight. The term excludes any
169 recreational vehicle or vehicle owned or operated by a community
170 transportation coordinator as defined in s. 427.011 or by a
171 private operator that provides public transit services under
172 contract with such a provider.
173 (12) “Registrant” means a person in whose name or names a
174 vehicle is properly registered.
175 (12)(13) “Use,” “uses,” or “used” means the consumption of
176 diesel fuel or motor fuel in a qualified commercial motor
177 vehicle for the propulsion thereof.
178 Section 4. Section 207.004, Florida Statutes, is amended to
179 read:
180 207.004 Licensing registration of motor carriers; fuel tax
181 decals identifying devices; fees; renewals; temporary fuel-use
182 permits and driveaway permits.—
183 (1)(a) A no motor carrier may not shall operate or cause to
184 be operated in this state any qualified commercial motor
185 vehicle, other than a Florida-based qualified commercial motor
186 vehicle that travels Florida intrastate mileage only, which that
187 uses diesel fuel or motor fuel until such carrier is licensed
188 has registered with the department or has registered under the
189 International Fuel Tax Agreement a cooperative reciprocal
190 agreement as described in s. 207.0281, after such time as this
191 state enters into such agreement, and has been issued fuel tax
192 decals an identifying device or such carrier has been issued a
193 temporary fuel-use permit as authorized under subsection
194 subsections (4) and (5) for each vehicle operated. The fee for
195 each set of fuel tax decals is There shall be a fee of $4 per
196 year or any fraction thereof. A copy of the license must be
197 carried in each vehicle or made available electronically. The
198 fuel tax decal for each such identifying device issued. The
199 identifying device shall be provided by the department and must
200 be conspicuously displayed on the qualified commercial motor
201 vehicle as prescribed by the instructions on the reverse side of
202 the decal department while the vehicle it is being operated on
203 the public highways of this state. The transfer of a fuel tax
204 decal an identifying device from one vehicle to another vehicle
205 or from one motor carrier to another motor carrier is
206 prohibited. The department or its authorized agent shall issue
207 the licenses and fuel tax decals.
208 (b) The motor carrier to whom fuel tax decals have an
209 identifying device has been issued is shall be solely
210 responsible for the proper use of the fuel tax decals
211 identifying device by its employees, consignees, or lessees.
212 (2) Fuel tax decals Identifying devices shall be issued
213 each year for the period January 1 through December 31, or any
214 portion thereof, if tax returns and tax payments, when
215 applicable, have been submitted to the department for all prior
216 reporting periods. Fuel tax decals Identifying devices may be
217 displayed for the next succeeding indicia period beginning
218 December 1 of each year. Beginning October 1, 2026, except as
219 otherwise authorized by the department, all fuel tax decal
220 renewal orders must be submitted electronically through an
221 online system prescribed by the department.
222 (3) If a motor carrier licensed in this state no longer
223 operates or causes to be operated in this state any qualified a
224 commercial motor vehicle, the fuel tax decal for each qualified
225 motor vehicle that is no longer operated or caused to be
226 operated by the motor carrier must identifying device shall be
227 destroyed and the motor carrier to whom the fuel tax decal
228 device was issued must shall notify the department immediately
229 by letter of such removal and of the number of the fuel tax
230 decal identifying device that was has been destroyed.
231 (4) A motor carrier, before operating a qualified
232 commercial motor vehicle on the public highways of this state,
233 must require each qualified motor vehicle to display a fuel tax
234 decal an identifying device as required under subsections (1)
235 and (2) or must obtain a temporary fuel-use permit for that
236 vehicle as provided in subsection (5). A temporary fuel-use
237 permit shall expire within 10 days after date of issuance. The
238 cost of a temporary fuel-use permit is $45, and the permit
239 exempts the vehicle from the payment of the motor fuel or diesel
240 fuel tax imposed under this chapter during the term for which
241 the permit is valid. However, the vehicle is not exempt from
242 paying the fuel tax at the pump.
243 (5)(a) A registered motor carrier holding a valid license
244 may certificate of registration may, upon payment of the $45 fee
245 per permit, secure from the department, or any wire service
246 authorized by the department, a temporary fuel-use permit.
247 (b) The fee for a temporary fuel-use permit is $45. A
248 temporary fuel-use permit expires 10 days after the date of
249 issuance and exempts the vehicle from payment of the motor fuel
250 tax imposed under this chapter during the period for which the
251 permit is valid. However, this paragraph does not exempt the
252 vehicle from payment at the pump of the fuel tax imposed under
253 chapter 206.
254 (c) A blank temporary fuel-use permit, before its use, must
255 be executed by the motor carrier, in ink or type, so as to
256 identify the carrier, the vehicle to which the permit is
257 assigned, and the permit’s effective date and expiration date
258 that the vehicle is placed in and removed from service. The
259 temporary fuel-use permit shall also show a complete
260 identification of the vehicle on which the permit is to be used,
261 together with the name and address of the owner or lessee of the
262 vehicle. The endorsed temporary fuel-use permit must shall then
263 be carried on the vehicle that it identifies and must shall be
264 exhibited on demand to any authorized personnel. Temporary fuel
265 use permits may be transmitted to the motor carrier by
266 electronic means and shall be completed as outlined by
267 department personnel prior to transmittal.
268 (d) The motor carrier to whom a temporary fuel-use permit
269 is issued is shall be solely responsible for the proper use of
270 the permit by its employees, consignees, or lessees. Any
271 erasure, alteration, or unauthorized use of a temporary fuel-use
272 permit renders shall render it invalid and of no effect. A motor
273 carrier to whom a temporary fuel-use permit is issued may not
274 knowingly allow the permit to be used by any other person or
275 organization.
276 (b) An unregistered motor carrier may, upon payment of the
277 $45 fee, secure from any wire service authorized by the
278 department, by electronic means, a temporary fuel-use permit
279 that shall be valid for a period of 10 days. Such permit must
280 show the name and address of the unregistered motor carrier to
281 whom it is issued, the date the vehicle is placed in and removed
282 from service, a complete identification of the vehicle on which
283 the permit is to be used, and the name and address of the owner
284 or lessee of the vehicle. The temporary fuel-use permit shall
285 then be carried on the vehicle that it identifies and shall be
286 exhibited on demand to any authorized personnel. The
287 unregistered motor carrier to whom a temporary fuel-use permit
288 is issued shall be solely responsible for the proper use of the
289 permit by its employees, consignees, or lessees. Any erasure,
290 alteration, or unauthorized use of a temporary fuel-use permit
291 shall render it invalid and of no effect. The unregistered motor
292 carrier to whom a temporary fuel-use permit is issued may not
293 knowingly allow the permit to be used by any other person or
294 organization.
295 (c) A registered motor carrier engaged in driveaway
296 transportation, in which the cargo is the vehicle itself and is
297 in transit to stock inventory and the ownership of the vehicle
298 is not vested in the motor carrier, may, upon payment of the $4
299 fee, secure from the department a driveaway permit. The
300 driveaway permits shall be issued for the period January 1
301 through December 31. An original permit must be in the
302 possession of the operator of each vehicle and shall be
303 exhibited on demand to any authorized personnel. Vehicle mileage
304 reports must be submitted by the motor carrier, and the road
305 privilege tax must be paid on all miles operated within this
306 state during the reporting period. All other provisions of this
307 chapter shall apply to the holder of a driveaway permit.
308 Section 5. Section 207.005, Florida Statutes, is amended to
309 read:
310 207.005 Returns and payment of tax; delinquencies;
311 calculation of fuel used during operations in this the state;
312 credit; bond.—
313 (1) The taxes levied under this chapter are shall be due
314 and payable on the first day of the month following the last
315 month of the reporting period. The department may adopt
316 promulgate rules for requiring and establishing procedures for
317 annual, semiannual, or quarterly filing. The reporting period is
318 shall be the 12 months beginning January July 1 and ending
319 December 31 June 30. It shall be the duty of Each motor carrier
320 licensed registered or required to be licensed registered under
321 the provisions of this chapter must to submit a return by the
322 following due dates, except that if the last day of the month
323 falls on a Saturday, Sunday, or legal holiday, the due date is
324 extended until the next day that is not a Saturday, Sunday, or
325 legal holiday within 30 days after the due date. The due date
326 shall be as follows:
327 (a) If annual filing, the due date is January 31 shall be
328 July 1;
329 (b) If semiannual filing, the due dates are shall be
330 January 31 1 and July 31 1; or
331 (c) If quarterly filing, the due dates are shall be January
332 31 1, April 30 1, July 31 1, and October 31 1.
333 (2) The amount of fuel used in the propulsion of any
334 qualified commercial motor vehicle within this state may be
335 calculated, if the motor carrier maintains adequate records, by
336 applying total interstate vehicular consumption of all diesel
337 fuel and motor fuel used as related to total miles traveled and
338 applying such rate to total miles traveled within this state. In
339 the absence of adequate documentation by the motor carrier, the
340 department may adopt is authorized to promulgate rules
341 converting miles driven to gallons used.
342 (3) For the purpose of computing the carrier’s liability
343 for the fuel road privilege tax, the total gallons of fuel used
344 in the propulsion of any qualified commercial motor vehicle in
345 this state shall be multiplied by the rates provided in parts I
346 III of chapter 206. From the sum determined by this calculation,
347 there shall be allowed a credit equal to the amount of the tax
348 per gallon under parts I-III of chapter 206 for each gallon of
349 fuel purchased in this state during the reporting period when
350 the diesel fuel or motor fuel tax was paid at the time of
351 purchase. If the tax paid under parts I-III of chapter 206
352 exceeds the total tax due under this chapter, the excess may be
353 allowed as a credit against future tax payments, until the
354 credit is fully offset or until eight calendar quarters shall
355 have passed since the end of the calendar quarter in which the
356 credit accrued, whichever occurs first. A refund may be made for
357 this credit provided it exceeds $10.
358 (4) The department may adopt is authorized to promulgate
359 the necessary rules to provide for an adequate bond from each
360 motor carrier to ensure payment of taxes required under this
361 chapter.
362 (5) Beginning October 1, 2026, except as otherwise
363 authorized by the department, all returns must be submitted
364 electronically through an online system prescribed by the
365 department.
366 Section 6. Section 207.007, Florida Statutes, is amended to
367 read:
368 207.007 Offenses; penalties and interest.—
369 (1) If any motor carrier licensed registered under this
370 chapter fails to file a return or and pay any tax liability
371 under this chapter within the time required hereunder, the
372 department may impose a delinquency penalty of $50 or 10 percent
373 of the delinquent taxes due, whichever is greater, if the
374 failure is for not more than 30 days, with an additional 10
375 percent penalty for each additional 30 days, or fraction
376 thereof, during the time which the failure continues, not to
377 exceed a total penalty of 100 percent in the aggregate. However,
378 the penalty may not be less than $50.
379 (2) In addition to any other penalties, any delinquent tax
380 shall bear interest in accordance with the International Fuel
381 Tax Agreement at the rate of 1 percent per month, or fraction
382 thereof, calculated from the date the tax was due. If the
383 department enters into a cooperative reciprocal agreement under
384 the provisions of s. 207.0281, the department shall collect and
385 distribute all interest due to other jurisdictions at the same
386 rate as if such interest were due to the state.
387 (3) Any person who:
388 (a) Willfully refuses or neglects to make any statement,
389 report, or return required by the provisions of this chapter;
390 (b) Knowingly makes, or assists any other person in making,
391 a false statement in a return or report or in connection with an
392 application for licensure registration under this chapter or in
393 connection with an audit; or
394 (c) Counterfeits, alters, manufactures, or sells fuel tax
395 licenses, fuel tax decals, or temporary fuel-use permits without
396 first having obtained the department’s permission in writing; or
397 (d)(c) Violates any provision of the provisions of this
398 chapter, a penalty for which is not otherwise provided,
399
400 commits is guilty of a felony of the third degree, punishable as
401 provided in s. 775.082, s. 775.083, or s. 775.084. In addition,
402 the department may revoke or suspend the licensure and
403 registration privileges under ss. 207.004 and 320.02,
404 respectively, of the violator. Each day or part thereof during
405 which a person operates or causes to be operated a qualified
406 commercial motor vehicle without being the holder of fuel tax
407 decals an identifying device or having a valid temporary fuel
408 use or driveaway permit as required by this chapter constitutes
409 a separate offense within the meaning of this section. In
410 addition to the penalty imposed by this section, the defendant
411 is shall be required to pay all taxes, interest, and penalties
412 due to the state.
413 Section 7. Subsection (1) of section 207.019, Florida
414 Statutes, is amended to read:
415 207.019 Discontinuance or transfer of business; change of
416 address.—
417 (1) Whenever a person ceases to engage in business as a
418 motor carrier within this the state by reason of the
419 discontinuance, sale, or transfer of the business of such
420 person, the person he or she shall notify the department in
421 writing at least 10 days before prior to the time the
422 discontinuance, sale, or transfer takes effect. Such notice must
423 shall give the date of discontinuance and, in the event of a
424 sale or transfer of the business, the date thereof and the name
425 and address of the purchaser or transferee. All diesel fuel or
426 motor fuel use taxes are shall become due and payable
427 concurrently with such discontinuance, sale, or transfer; and
428 any such person shall, concurrently with such discontinuance,
429 sale, or transfer, make a report and, pay all such taxes,
430 interest, and penalties; and the fuel tax decals must be
431 destroyed and the motor carrier to whom the decals were issued
432 must notify the department by letter of their destruction and of
433 the number of fuel tax decals that were destroyed, and surrender
434 to the department the registration issued to such person.
435 Section 8. Subsection (5) of section 261.03, Florida
436 Statutes, is amended to read:
437 261.03 Definitions.—As used in this chapter, the term:
438 (5) “Off-highway vehicle” means any ATV, two-rider ATV,
439 ROV, or OHM, or other vehicle with motive power specifically
440 designed by the manufacturer that is used off the roads or
441 highways of this state and that is not registered and licensed
442 for highway use under chapter 320.
443 Section 9. Section 261.11, Florida Statutes, is amended to
444 read:
445 261.11 Penalties.—No off-highway vehicle may be operated
446 upon the public sidewalks, roads, streets, or highways of this
447 state, except as otherwise permitted by the managing local,
448 state, or federal agency.
449 (1) A violation of this section is a noncriminal traffic
450 infraction, punishable as a moving violation as provided in
451 chapter 318.
452 (2) A second or subsequent violation of this section is a
453 misdemeanor of the second degree, punishable as provided in s.
454 775.082 or s. 775.083.
455 Section 10. Subsection (4) of section 311.10, Florida
456 Statutes, is transferred, renumbered as section 311.15, Florida
457 Statutes, and amended to read:
458 311.15 311.10 Seaports; cargo facilities; reporting
459 requirements Strategic Port Investment Initiative.—
460 (1) As used in this section, the term:
461 (a) “Cargo purposes” means any facility, activity,
462 property, energy source, or infrastructure asset that is not
463 intended to facilitate the transport of passengers and includes,
464 but is not limited to, such facilities, activities, properties,
465 energy sources, or infrastructure assets that support spaceport
466 activities.
467 (b) “Commercial space launch industry” means any company
468 substantially engaged in the transport, operation, and recovery
469 of space launch or landing services with active maritime
470 operations.
471 (2) Beginning February 1, 2027, and each February 1
472 thereafter, each seaport located in a county in which real
473 property is designated as spaceport territory under s. 331.304
474 and which uses land, facilities, or infrastructure for the
475 purpose of supporting spacecraft launch and recovery operations
476 must submit a report to the chair of the Space Florida board of
477 directors which describes all measures the seaport has taken to
478 support the commercial space launch industry. The seaport must
479 post a copy of the report on its website once the report has
480 been submitted to the chair of the board.
481 (3)(4) As a condition of receiving a project grant under
482 any program established in this chapter and as a condition of
483 receiving state funds as described in s. 215.31, A seaport that
484 is located in a county in which real property is designated as
485 spaceport territory under s. 331.304 and that uses land,
486 facilities, or infrastructure for the purpose of supporting
487 spacecraft launch and recovery operations must, in any agreement
488 with the Department of Transportation, agree that the seaport
489 may not convert any planned or existing land, facility, or
490 infrastructure that supports cargo purposes to any alternative
491 purpose unless all of the following conditions are met:
492 (a) The governing board of the seaport must provide public
493 notice as provided in s. 50.011 at least 30 days before holding
494 a public meeting on the proposed conversion.
495 (b) Before approving the proposed conversion, the governing
496 board of the seaport must prepare or cause to be prepared a
497 report estimating the impact of the conversion on the cargo
498 operations of the seaport. The report must be prominently posted
499 on the seaport’s website at least 30 days before holding a
500 public meeting on the proposed conversion.
501 (c) The conversion must be is approved by a two-thirds vote
502 of by the seaport’s governing board of the seaport at a publicly
503 noticed meeting as a separate line on the agenda and with a
504 reasonable opportunity for public comment., and, if approved,
505 (4) The Legislature must expressly approve approves the use
506 of state funds for any a project that includes the such a
507 conversion of any planned or existing land, facility, or
508 infrastructure that supports cargo purposes to any alternative
509 purpose, whether by a work program amendment or through the
510 General Appropriations Act. As used in this subsection, the term
511 “cargo purposes” includes, but is not limited to, any facility,
512 activity, property, energy source, or infrastructure asset that
513 supports spaceport activities.
514 Section 11. Subsection (41) of section 316.003, Florida
515 Statutes, is amended to read:
516 316.003 Definitions.—The following words and phrases, when
517 used in this chapter, shall have the meanings respectively
518 ascribed to them in this section, except where the context
519 otherwise requires:
520 (41) MICROMOBILITY DEVICE.—A motorized transportation
521 device designed for individual use which is typically 20 to 36
522 inches in width and 50 pounds or less in weight and which
523 operates at a speed of typically less than 15 miles per hour but
524 no more than 28 miles per hour. This term includes devices both
525 a human-powered and a nonhuman-powered device such as an a
526 bicycle, electric bicycle and a, motorized scooter, or any other
527 device that is owned by an individual or part of a shared fleet.
528 Section 12. Present subsections (3), (4), and (5) of
529 section 316.0777, Florida Statutes, are redesignated as
530 subsections (4), (5), and (6), respectively, and a new
531 subsection (3) is added to that section, to read:
532 316.0777 Automated license plate recognition systems;
533 installation within rights-of-way of State Highway System and on
534 and within property owned or controlled by private entity;
535 public records exemption.—
536 (3) A private entity may install an automated license plate
537 recognition system solely for use on and within the property
538 owned or controlled by the entity and for a public safety
539 related purpose. A private entity that installs such a system:
540 (a) May not access vehicle registration data generated by
541 the system, except to the extent that such data cannot
542 reasonably be linked to an identified or identifiable
543 individual.
544 (b) May not share or sell images or data generated by the
545 system, except to the extent required to respond to a lawful
546 request from a law enforcement agency.
547 (c) Must contractually obligate any third party that
548 installs, maintains, or operates the system to protect the
549 images or data generated by the system from disclosure,
550 including a prohibition on sharing or selling such images or
551 data, except to the extent required to respond to a lawful
552 request from a law enforcement agency.
553 (d) May not offer or provide as payment or other
554 consideration any portion of the proceeds derived from a fine or
555 charge imposed based on images or data generated by the system
556 to any third party that installs, maintains, or operates the
557 system.
558 Section 13. Subsection (2) of section 316.20655, Florida
559 Statutes, is amended to read:
560 316.20655 Electric bicycle regulations.—
561 (2) An electric bicycle as defined in s. 316.003 or an
562 operator of an electric bicycle is not subject to the provisions
563 of law relating to financial responsibility, driver or motor
564 vehicle licenses, vehicle registration, title certificates, off
565 highway motorcycles, or off-highway vehicles.
566 Section 14. Sections 316.272 and 316.293, Florida Statutes,
567 are repealed.
568 Section 15. Present subsections (2) through (5) of section
569 316.3045, Florida Statutes, are redesignated as subsections (3)
570 through (6), respectively, and a new subsection (2) is added to
571 that section, to read:
572 316.3045 Operation of radios or other mechanical or
573 electronic soundmaking devices or instruments in vehicles;
574 exhaust systems; prevention of noise; exemptions.—
575 (2) Every motor vehicle shall at all times be equipped with
576 an exhaust system in good working order including muffler,
577 manifold pipe, and tailpiping to prevent excessive or unusual
578 noise. In no event shall an exhaust system allow noise at a
579 level plainly audible at a distance of 100 feet or more from the
580 motor vehicle.
581 Section 16. Section 319.1401, Florida Statutes, is created
582 to read:
583 319.1401 Titling and registering golf carts converted to
584 low-speed vehicles.—A golf cart converted to a low-speed vehicle
585 may be titled and registered for operation on certain roads
586 without an inspection by the department. The owner of the low
587 speed vehicle shall affirm in writing that the vehicle complies
588 with the requirements of chapter 316 and shall be assigned an
589 identification number by the department. The identification
590 number shall be unique to the low-speed vehicle and used for the
591 issuance of a title and registration for the vehicle.
592 Section 17. Section 322.032, Florida Statutes, is amended
593 to read:
594 322.032 Digital proof of driver license or identification
595 card; electronic credential autonomy and verification
596 integrity.—
597 (1) As used in this section, the term:
598 (a) “Credentialholder” means a person who is issued a
599 digital proof of driver license or identification card.
600 (b)(a) “Digital proof of driver license” means an
601 electronic credential viewable on an electronic credentialing
602 system.
603 (c)(b) “Digital proof of identification card” means an
604 electronic credential viewable on an electronic credentialing
605 system.
606 (d)(c) “Electronic credentialing system” means a computer
607 system accessed using a computer, a cellular telephone, or any
608 other personal device which queries the department’s driver
609 license and identification card records, displays or transmits
610 digital proofs of driver licenses and identification cards, and
611 verifies the authenticity of those electronic credentials.
612 (e) “Fair information practice principles” means
613 internationally recognized privacy principles, including data
614 minimization, purpose specification, use limitation,
615 transparency, and strict data retention controls.
616 (f)(d) “Limited profile” means an electronic credential
617 containing some, but not all, of the information displayed on a
618 printed driver license or identification card.
619 (g) “Record integrity” means the capability of ensuring
620 historical continuity and verifiability of electronic
621 credentials by maintaining a tamper-evident, append-only record
622 of digital driver license and identification card issuance,
623 renewal, replacement, or revocation.
624 (h)(e) “Scanning” means obtaining data from a digital proof
625 of driver license or identification card in an electronic
626 format.
627 (2)(a) The department shall establish a secure and uniform
628 system for issuing an optional digital proof of driver license
629 or identification card. The department may contract with one or
630 more private entities to develop an electronic credentialing
631 system.
632 (b) The electronic credentialing system may not retain
633 Internet protocol addresses, geolocation data, or other
634 information that describes the location, computer, computer
635 system, or computer network from which a customer accesses the
636 system.
637 (c) The electronic credentialing system must:
638 1. Require the explicit consent of the credentialholder
639 before performing any communication.
640 2. Provide offline cryptographic verification mechanisms
641 that:
642 a. Do not require communication with the department.
643 b. Are fully auditable and interoperable with open
644 standards.
645 c. Preserve the anonymity and unlinkability of transactions
646 unless explicitly waived by the credentialholder.
647 3. Adhere to fair information practice principles,
648 including collecting only the minimum data strictly necessary to
649 fulfill the stated purpose of verification.
650 4. Collect data only for a single, clearly defined, and
651 limited purpose that is explicitly communicated to the
652 credentialholder.
653 5. Ensure that data is not reused, repurposed, shared, or
654 transmitted beyond the initial purpose without the explicit
655 consent of the credentialholder.
656 6. Securely delete data or render data irreversibly
657 anonymized immediately upon fulfillment of the stated purpose
658 unless a longer retention period is required by law and narrowly
659 tailored to that legal necessity.
660 7. Implement measures to ensure record integrity. The
661 electronic credentials must be verified based solely on the
662 record integrity and without relying on third parties.
663 8. Implement verifiable receipt mechanisms that ensure any
664 changes made to electronic credentials are independently
665 confirmable and auditable by any relying party.
666 (d) Electronic credential verifiers must:
667 1. Perform full cryptographic validation of electronic
668 credential authenticity, integrity, and issuer attribution
669 without requiring online access to external systems, the
670 department’s systems, or any state system.
671 2. Retain only temporary user-authorized verification data
672 that is strictly necessary for the transaction.
673 3. Create written strict data minimization principles that
674 must be provided to a credentialholder upon request.
675 4. Provide a credentialholder with the ability to audit
676 verification requests and control the sharing of electronic
677 credential attributes.
678 (e) Electronic credentials must:
679 1. Be issued as tamper-evident, cryptographically
680 verifiable statements capable of being selectively disclosed.
681 2. Contain clear metadata specifying cryptographic material
682 necessary for independent verification.
683 3. Be controlled by the credentialholder, who may choose to
684 disclose only the minimum information necessary for a
685 transaction.
686 4. Use a cryptographically derived identifier format that:
687 a. Is capable of secure key rotation, recovery, delegation,
688 and revocation without requiring a centralized registry or
689 continuous third-party oversight.
690 b. Rotates cryptographic keys without requiring reissuance
691 or reregistration with a central authority.
692 c. Is resolvable to metadata that contains authentication
693 and authorization material without dependence on a single
694 service endpoint or central registry.
695 d. Implements delegation, recovery, and secure binding to
696 cryptographic keys without requiring persistent correlatable
697 identifiers across contexts.
698 (3)(a) The digital proof of driver license or
699 identification card established by the department or by an
700 entity contracted by the department must be in such a format as
701 to allow verification of the authenticity of the digital proof
702 of driver license or identification card. The department may
703 adopt rules to ensure valid authentication of digital driver
704 licenses and identification cards.
705 (b)1. Notwithstanding ss. 322.14-322.142, and any other law
706 prescribing the design for, or information required to be
707 displayed on, a driver license, a digital proof of driver
708 license may comprise a limited profile that includes only
709 information necessary to conduct a specific transaction on the
710 electronic credentialing system.
711 2. Notwithstanding ss. 322.051 and 322.141, and any other
712 law prescribing the design for, or information required to be
713 displayed on, an identification card, a digital proof of
714 identification card may comprise a limited profile that includes
715 only information necessary to conduct a specific transaction on
716 the electronic credentialing system.
717 (4) A person may not be issued a digital proof of driver
718 license or identification card until he or she satisfies all
719 requirements of this chapter for issuance of the respective
720 driver license or identification card and has been issued a
721 printed driver license or identification card. The electronic
722 credentialing system must, upon each presentation of a digital
723 driver license or identification card, display or transmit
724 current records for the driver license or identification card.
725 If a licensee’s driving privilege is suspended, revoked, or
726 disqualified, or if his or her driver license is otherwise
727 canceled or expired, a digital proof of driver license may not
728 be issued; however, a digital proof of identification card may
729 be issued if the licensee is otherwise eligible for an
730 identification card under s. 322.051.
731 (5) The department may use a telephone number submitted by
732 a licensee or cardholder in connection with a digital driver
733 license or identification card only for purposes of
734 communication regarding the digital proof of driver license or
735 identification card or the motor vehicle records, as defined in
736 s. 119.0712(2)(a), of the licensee or cardholder.
737 (6) The department may enter into contracts with one or
738 more private entities which authorize online data calls or
739 offline data verification through the electronic credentialing
740 system that queries the department’s driver license and
741 identification card records, displays or transmits digital
742 proofs of driver licenses or identification cards, or verifies
743 the authenticity of such electronic credentials.
744 (7)(a) Except as provided in paragraph (b), a private
745 entity that scans a digital proof of driver license or
746 identification card may not store, sell, or share personal
747 information collected from such scanning of the digital proof of
748 driver license or identification card unless:
749 1. The credentialholder has provided clear, informed, and
750 revocable consent.
751 2. The retention serves a legally justified, narrowly
752 tailored, and time-limited purpose.
753 (b) A credentialholder An individual may consent to allow a
754 private entity to collect and store personal information
755 obtained by scanning his or her digital proof of driver license
756 or identification card. However, the credentialholder individual
757 must be informed what information is collected and the purpose
758 or purposes for which the information will be used. If the
759 credentialholder individual does not want the private entity to
760 scan his or her digital proof of the credentialholder’s
761 individual’s driver license or identification card, the private
762 entity may manually collect personal information from the
763 credentialholder individual.
764 (c) A private entity that violates this subsection is
765 subject to a civil penalty not to exceed $5,000 per occurrence,
766 suspension of eligibility to participate in the electronic
767 credentialing system, and public disclosure of the private
768 entity’s noncompliance.
769 (d) This subsection does not apply to a financial
770 institution as defined in s. 655.005(1)(i).
771 (8) Courts shall afford strict scrutiny to any unnecessary
772 government or commercial surveillance or remote verification
773 practices that do not comply with this section.
774 (9)(8) A person who:
775 (a) Manufactures a false digital proof of driver license or
776 identification card commits a felony of the third degree,
777 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
778 (b) Possesses a false digital proof of driver license or
779 identification card commits a misdemeanor of the second degree,
780 punishable as provided in s. 775.082.
781 Section 18. Paragraph (d) is added to subsection (11) of
782 section 337.11, Florida Statutes, to read:
783 337.11 Contracting authority of department; bids; emergency
784 repairs, supplemental agreements, and change orders; combined
785 design and construction contracts; progress payments; records;
786 requirements of vehicle registration.—
787 (11)
788 (d)1. The department may make direct payments to first-tier
789 subcontractors if the following conditions are met:
790 a. The contractor has not requested payment from the
791 department for at least 6 months.
792 b. There is a binding, written subcontract between the
793 contractor and the subcontractor, and the department is in
794 possession of a complete copy of the subcontract.
795 c. The subcontractor has performed work that is unpaid by
796 the contractor, and the department has sufficient documentation
797 of such unpaid work.
798 d. There is no bona fide, documented dispute between the
799 contractor and the subcontractor.
800 2. Any amounts paid by the department under this paragraph
801 shall be deducted from amounts otherwise due the contractor.
802 Section 19. Present subsection (6) of section 337.18,
803 Florida Statutes, is redesignated as subsection (7), and a new
804 subsection (6) is added to that section, to read:
805 337.18 Surety bonds for construction or maintenance
806 contracts; requirement with respect to contract award; bond
807 requirements; defaults; damage assessments.—
808 (6) If the department declares a default on the part of any
809 contractor for cause attributable to such contractor, and the
810 department engages the surety to perform pursuant to the terms
811 of the bond, the department and the surety must enter into a
812 takeover agreement requiring the surety’s completion contractor
813 to meet the prequalification requirements of the original
814 contract bid solicitation and requiring the surety to follow the
815 contract’s procedures regarding the completion contractor
816 default and certification of disbursement of payment to
817 subcontractors.
818 Section 20. Section 339.85, Florida Statutes, is amended to
819 read:
820 (Substantial rewording of section. See
821 s. 339.85, F.S., for present text.)
822 339.85 Next-generation Traffic Signal Modernization Grant
823 Program.—
824 (1) The Legislature finds that:
825 (a) This state’s growing population and economic activity
826 place increasing demands on public roads, resulting in
827 congestion, delay, and avoidable crashes at signalized
828 intersections.
829 (b) Modern signal control systems that incorporate
830 artificial intelligence and machine learning (AI/ML) can
831 dynamically optimize timing plans in response to real-time
832 conditions, improving travel time reliability, reducing
833 secondary crashes, and lowering emissions from idling vehicles.
834 (c) Intersections are often owned or operated by local
835 governments, yet the benefits of improved operations accrue to
836 the traveling public statewide; therefore, a coordinated state
837 local partnership is in the public interest.
838 (d) Leveraging AI/ML for signal operations complements
839 existing investments in managed lanes, transit priority,
840 connected vehicle pilots, emergency preemption, and freight
841 corridors, and can be deployed at comparatively low cost and
842 high speed.
843 (e) A voluntary, performance-based grant program with local
844 matching funds will accelerate deployment of signal
845 modernizations while protecting taxpayers through measurable
846 outcomes and transparent reporting.
847 (2) The department shall implement a Next-generation
848 Traffic Signal Modernization Grant Program. The purpose of the
849 program is to assist counties and municipalities in upgrading
850 eligible signalized intersections with AI/ML-enabled detection,
851 controllers, communications, and software that prioritizes
852 modernization in key corridors across this state.
853 (3)(a) The department shall implement a state-local
854 partnership through a cost-sharing arrangement as follows:
855 1. Authorize the department to fund first-year pilot
856 corridors at up to 80 percent of eligible costs, with a minimum
857 20 percent local contribution.
858 2. Authorize the department to fund 50 percent of ensuing
859 year research and development and installation.
860 (b) Ongoing maintenance after signal modernization shall be
861 the responsibility of the local government and the vendor.
862 (4) The department may waive any local match requirement
863 for state-owned or state-operated intersections.
864 (5) The department shall prioritize grant applications for
865 intersections at which a signal modernization will measurably:
866 (a) Reduce average control delay and corridor travel times.
867 (b) Improve surrogate safety measures, such as failures to
868 stop at red lights and hard-braking events, and support
869 emergency vehicle preemption.
870 (c) Provide transit signal priority and multimodal benefits
871 to pedestrians and cyclists.
872 (6) The department shall use competitive procurement as
873 provided in chapter 287 to find a vendor or vendors that use
874 state-of-the-art technology that complies with leading
875 cybersecurity standards, such as SOC 2 and ISO 27001, ensuring
876 robust data protection. The program shall also:
877 (a) Require open, interoperable, and secure systems that
878 avoid vendor lock-in and protect cybersecurity.
879 (b) Ensure data transparency through standardized
880 performance dashboards and annual public reports demonstrating
881 benefits relative to cost.
882 (c) Coordinate with metropolitan planning organizations,
883 regional traffic management centers, and law enforcement, fire
884 rescue, and transit agencies to maximize systemwide benefits.
885 (d) Encourage use of state-based pilots, sandboxes, and
886 independent evaluations to validate performance before large
887 scale rollout.
888 (e) Support workforce development and local operations
889 staff training so upgrades remain effective over the life of the
890 equipment.
891 (7) Beginning in fiscal year 2026-2027, $20 million is
892 appropriated annually from the State Transportation Trust Fund
893 to the department to fund the Next-generation Traffic Signal
894 Modernization Grant Program as described in this section.
895 Section 21. Section 207.003, Florida Statutes, is amended
896 to read:
897 207.003 Privilege tax levied.—A tax for the privilege of
898 operating any qualified commercial motor vehicle upon the public
899 highways of this state shall be levied upon every motor carrier
900 at a rate which includes the minimum rates provided in parts I
901 III of chapter 206 on each gallon of diesel fuel or motor fuel
902 used for the propulsion of a qualified commercial motor vehicle
903 by such motor carrier within this the state.
904 Section 22. Section 207.008, Florida Statutes, is amended
905 to read:
906 207.008 Retention of records by motor carrier.—Each
907 licensed registered motor carrier shall maintain and keep
908 pertinent records and papers as may be required by the
909 department for the reasonable administration of this chapter and
910 shall preserve the records upon which each quarterly tax return
911 is based for 4 years after following the due date or filing date
912 of the return, whichever is later.
913 Section 23. Subsection (3) of section 207.011, Florida
914 Statutes, is amended to read:
915 207.011 Inspection of records; hearings; forms; rules.—
916 (3) The department, or any authorized agent thereof, may is
917 authorized to examine the records, books, papers, and equipment
918 of any motor carrier, any retail dealer of motor diesel fuels,
919 and any wholesale distributor of diesel fuels or motor fuels
920 which that are deemed necessary to verify the truth and accuracy
921 of any statement, or report, or return and ascertain whether the
922 tax imposed by this chapter has been paid.
923 Section 24. Section 207.013, Florida Statutes, is amended
924 to read:
925 207.013 Suits for collection of unpaid taxes, penalties,
926 and interest.—Upon demand of the department, the Department of
927 Legal Affairs or the state attorney for a judicial circuit shall
928 bring appropriate actions, in the name of the state or in the
929 name of the Department of Highway Safety and Motor Vehicles in
930 the capacity of its office, for the recovery of taxes,
931 penalties, and interest due under this chapter; and judgment
932 shall be rendered for the amount so found to be due together
933 with costs. However, if it is shall be found as a fact that such
934 claim for, or grant of, an exemption or credit was willful on
935 the part of any motor carrier, retail dealer, or distributor of
936 diesel fuel or motor fuel, judgment must shall be rendered for
937 double the amount of the tax found to be due with costs. The
938 department may employ an attorney at law to institute and
939 prosecute proper proceedings to enforce payment of the taxes,
940 penalties, and interest provided for by this chapter and may fix
941 the compensation for the services of such attorney at law.
942 Section 25. Subsection (3) of section 207.014, Florida
943 Statutes, is amended to read:
944 207.014 Departmental warrant for collection of unpaid
945 taxes.—
946 (3) In the event there is a contest or claim of any kind
947 with reference to the property levied upon or the amount of
948 taxes, costs, or penalties due, such contest or claim must shall
949 be tried in the circuit court in and for the county in which the
950 warrant was executed, as nearly as may be in the same manner and
951 means as such contest or claim would have been tried in such
952 court had the warrant originally issued upon a judgment rendered
953 by such court. The warrant issued as provided in this section
954 constitutes shall constitute prima facie evidence of the amount
955 of taxes, interest, and penalties due to the state by the motor
956 carrier,; and the burden of proof is shall be upon the motor
957 carrier, retail dealer, or distributor of diesel fuel or motor
958 fuel to show that the amounts or penalties were incorrect.
959 Section 26. Subsections (1) and (3) of section 207.023,
960 Florida Statutes, are amended to read:
961 207.023 Authority to inspect vehicles, make arrests, seize
962 property, and execute warrants.—
963 (1) As a part of their responsibility when inspecting
964 qualified motor commercial vehicles, the Department of Highway
965 Safety and Motor Vehicles, the Department of Agriculture and
966 Consumer Services, and the Department of Transportation shall
967 ensure that all vehicles are properly qualified under the
968 provisions of this chapter.
969 (3) Qualified commercial motor vehicles owned or operated
970 by any motor carrier who refuses to comply with this chapter may
971 be seized by authorized agents or employees of the Department of
972 Highway Safety and Motor Vehicles, the Department of Agriculture
973 and Consumer Services, or the Department of Transportation; or
974 authorized agents and employees of any of these departments also
975 may seize property as set out in ss. 206.205, 206.21, and
976 206.215. Upon such seizure, the property must shall be
977 surrendered without delay to the sheriff of the county where the
978 property was seized for further proceedings.
979 Section 27. Subsections (1) and (6) of section 207.0281,
980 Florida Statutes, are amended to read:
981 207.0281 Registration; Cooperative reciprocal agreements
982 between states.—
983 (1) The Department of Highway Safety and Motor Vehicles may
984 enter into a cooperative reciprocal agreement, including, but
985 not limited to, the International Fuel Tax fuel-tax Agreement,
986 with another state or group of states for the administration of
987 the tax imposed by this chapter. An agreement arrangement,
988 declaration, or amendment is not effective until stated in
989 writing and filed with the Department of Highway Safety and
990 Motor Vehicles.
991 (6) This section and the contents of any reciprocal
992 agreement entered into under this section supersede all other
993 fuel-tax requirements of this chapter for qualified commercial
994 motor vehicles.
995 Section 28. Paragraph (aa) of subsection (7) of section
996 212.08, Florida Statutes, is amended to read:
997 212.08 Sales, rental, use, consumption, distribution, and
998 storage tax; specified exemptions.—The sale at retail, the
999 rental, the use, the consumption, the distribution, and the
1000 storage to be used or consumed in this state of the following
1001 are hereby specifically exempt from the tax imposed by this
1002 chapter.
1003 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
1004 entity by this chapter do not inure to any transaction that is
1005 otherwise taxable under this chapter when payment is made by a
1006 representative or employee of the entity by any means,
1007 including, but not limited to, cash, check, or credit card, even
1008 when that representative or employee is subsequently reimbursed
1009 by the entity. In addition, exemptions provided to any entity by
1010 this subsection do not inure to any transaction that is
1011 otherwise taxable under this chapter unless the entity has
1012 obtained a sales tax exemption certificate from the department
1013 or the entity obtains or provides other documentation as
1014 required by the department. Eligible purchases or leases made
1015 with such a certificate must be in strict compliance with this
1016 subsection and departmental rules, and any person who makes an
1017 exempt purchase with a certificate that is not in strict
1018 compliance with this subsection and the rules is liable for and
1019 shall pay the tax. The department may adopt rules to administer
1020 this subsection.
1021 (aa) Qualified motor certain commercial vehicles.—Also
1022 exempt is the sale, lease, or rental of a qualified commercial
1023 motor vehicle as defined in s. 207.002, when the following
1024 conditions are met:
1025 1. The sale, lease, or rental occurs between two commonly
1026 owned and controlled corporations;
1027 2. Such vehicle was titled and registered in this state at
1028 the time of the sale, lease, or rental; and
1029 3. Florida sales tax was paid on the acquisition of such
1030 vehicle by the seller, lessor, or renter.
1031 Section 29. Subsection (6) of section 316.455, Florida
1032 Statutes, is amended to read:
1033 316.455 Other equipment.—Every motorcycle and every motor
1034 driven cycle when operated upon a highway shall comply with the
1035 requirements and limitations of:
1036 (6) Section 316.272 on the requirement for mufflers and
1037 prevention of noise.
1038
1039 A violation of this section is a noncriminal traffic infraction,
1040 punishable as a nonmoving violation as provided in chapter 318.
1041 Section 30. Paragraphs (a) and (b) of subsection (4) of
1042 section 316.545, Florida Statutes, are amended to read:
1043 316.545 Weight and load unlawful; special fuel and motor
1044 fuel tax enforcement; inspection; penalty; review.—
1045 (4)(a) A commercial vehicle may not be operated over the
1046 highways of this state unless it has been properly licensed
1047 registered under s. 207.004. Whenever any law enforcement
1048 officer identified in s. 207.023(1), upon inspecting the vehicle
1049 or combination of vehicles, determines that the vehicle is in
1050 violation of s. 207.004, a penalty in the amount of $50 shall be
1051 assessed, and the vehicle may be detained until payment is
1052 collected by the law enforcement officer.
1053 (b) In addition to the penalty provided for in paragraph
1054 (a), the vehicle may be detained until the owner or operator of
1055 the vehicle furnishes evidence that the vehicle has been
1056 properly licensed registered pursuant to s. 207.004. Any officer
1057 of the Florida Highway Patrol or agent of the Department of
1058 Transportation may issue a temporary fuel-use fuel use permit
1059 and collect the appropriate fee as provided for in s. 207.004(5)
1060 s. 207.004(4). Notwithstanding the provisions of subsection (6),
1061 all permit fees collected pursuant to this paragraph shall be
1062 transferred to the Department of Highway Safety and Motor
1063 Vehicles to be allocated pursuant to s. 207.026.
1064 Section 31. Subsection (24) of section 318.18, Florida
1065 Statutes, is amended to read:
1066 318.18 Amount of penalties.—The penalties required for a
1067 noncriminal disposition pursuant to s. 318.14 or a criminal
1068 offense listed in s. 318.17 are as follows:
1069 (24) In addition to any penalties imposed, a fine of $200
1070 for a first offense and a fine of $500 for a second or
1071 subsequent offense for a violation of s. 316.293(5).
1072 Section 32. Paragraph (c) of subsection (1) of section
1073 324.171, Florida Statutes, is amended to read:
1074 324.171 Self-insurer.—
1075 (1) Any person may qualify as a self-insurer by obtaining a
1076 certificate of self-insurance from the department which may, in
1077 its discretion and upon application of such a person, issue said
1078 certificate of self-insurance when such person has satisfied the
1079 requirements of this section to qualify as a self-insurer under
1080 this section:
1081 (c) The owner of a qualified commercial motor vehicle, as
1082 defined in s. 207.002 or a commercial motor vehicle as defined
1083 in s. 320.01, may qualify as a self-insurer subject to the
1084 standards provided for in subparagraph (b)2.
1085 Section 33. Subsection (11) of section 403.061, Florida
1086 Statutes, is amended to read:
1087 403.061 Department; powers and duties.—The department shall
1088 have the power and the duty to control and prohibit pollution of
1089 air and water in accordance with the law and rules adopted and
1090 promulgated by it and, for this purpose, to:
1091 (11) Establish ambient air quality and water quality
1092 standards for the state as a whole or for any part thereof, and
1093 also standards for the abatement of excessive and unnecessary
1094 noise. The department is authorized to establish reasonable
1095 zones of mixing for discharges into waters. For existing
1096 installations as defined by rule 62-520.200(10), Florida
1097 Administrative Code, effective July 12, 2009, zones of discharge
1098 to groundwater are authorized horizontally to a facility’s or
1099 owner’s property boundary and extending vertically to the base
1100 of a specifically designated aquifer or aquifers. Such zones of
1101 discharge may be modified in accordance with procedures
1102 specified in department rules. Exceedance of primary and
1103 secondary groundwater standards that occur within a zone of
1104 discharge does not create liability pursuant to this chapter or
1105 chapter 376 for site cleanup, and the exceedance of soil cleanup
1106 target levels is not a basis for enforcement or site cleanup.
1107 (a) When a receiving body of water fails to meet a water
1108 quality standard for pollutants set forth in department rules, a
1109 steam electric generating plant discharge of pollutants that is
1110 existing or licensed under this chapter on July 1, 1984, may
1111 nevertheless be granted a mixing zone, provided that:
1112 1. The standard would not be met in the water body in the
1113 absence of the discharge;
1114 2. The discharge is in compliance with all applicable
1115 technology-based effluent limitations;
1116 3. The discharge does not cause a measurable increase in
1117 the degree of noncompliance with the standard at the boundary of
1118 the mixing zone; and
1119 4. The discharge otherwise complies with the mixing zone
1120 provisions specified in department rules.
1121 (b) Mixing zones for point source discharges are not
1122 permitted in Outstanding Florida Waters except for:
1123 1. Sources that have received permits from the department
1124 prior to April 1, 1982, or the date of designation, whichever is
1125 later;
1126 2. Blowdown from new power plants certified pursuant to the
1127 Florida Electrical Power Plant Siting Act;
1128 3. Discharges of water necessary for water management
1129 purposes which have been approved by the governing board of a
1130 water management district and, if required by law, by the
1131 secretary; and
1132 4. The discharge of demineralization concentrate which has
1133 been determined permittable under s. 403.0882 and which meets
1134 the specific provisions of s. 403.0882(4)(a) and (b), if the
1135 proposed discharge is clearly in the public interest.
1136 (c) The department, by rule, shall establish water quality
1137 criteria for wetlands which criteria give appropriate
1138 recognition to the water quality of such wetlands in their
1139 natural state.
1140
1141 This act may not be construed to invalidate any existing
1142 department rule relating to mixing zones. The department shall
1143 cooperate with the Department of Highway Safety and Motor
1144 Vehicles in the development of regulations required by s.
1145 316.272(1).
1146
1147 The department shall implement such programs in conjunction with
1148 its other powers and duties and shall place special emphasis on
1149 reducing and eliminating contamination that presents a threat to
1150 humans, animals or plants, or to the environment.
1151 Section 34. Subsection (9) of section 403.415, Florida
1152 Statutes, is amended to read:
1153 403.415 Motor vehicle noise.—
1154 (9) OPERATING VEHICLE NOISE MEASUREMENTS.—The department
1155 shall establish, with the cooperation of the Department of
1156 Highway Safety and Motor Vehicles, measurement procedures for
1157 determining compliance of operating vehicles with the noise
1158 limits of s. 316.293(2). The department shall advise the
1159 Department of Highway Safety and Motor Vehicles on technical
1160 aspects of motor vehicle noise enforcement regulations, assist
1161 in the training of enforcement officers, and administer a sound
1162 level meter loan program for local enforcement agencies.
1163 Section 35. Section 627.7415, Florida Statutes, is amended
1164 to read:
1165 627.7415 Commercial or qualified motor vehicles; additional
1166 liability insurance coverage.—Commercial motor vehicles, as
1167 defined in s. 207.002 or s. 320.01 and qualified motor vehicles
1168 as defined in s. 207.002, operated upon the roads and highways
1169 of this state must shall be insured with the following minimum
1170 levels of combined bodily liability insurance and property
1171 damage liability insurance in addition to any other insurance
1172 requirements:
1173 (1) Fifty thousand dollars per occurrence for a commercial
1174 motor vehicle or qualified motor vehicle with a gross vehicle
1175 weight of 26,000 pounds or more, but less than 35,000 pounds.
1176 (2) One hundred thousand dollars per occurrence for a
1177 commercial motor vehicle or qualified motor vehicle with a gross
1178 vehicle weight of 35,000 pounds or more, but less than 44,000
1179 pounds.
1180 (3) Three hundred thousand dollars per occurrence for a
1181 commercial motor vehicle or qualified motor vehicle with a gross
1182 vehicle weight of 44,000 pounds or more.
1183 (4) All commercial motor vehicles and qualified motor
1184 vehicles subject to regulations of the United States Department
1185 of Transportation, 49 C.F.R. part 387, subparts A and B, and as
1186 may be hereinafter amended, must shall be insured in an amount
1187 equivalent to the minimum levels of financial responsibility as
1188 set forth in such regulations.
1189
1190 A violation of this section is a noncriminal traffic infraction,
1191 punishable as a nonmoving violation as provided in chapter 318.
1192 Section 36. This act shall take effect July 1, 2026.