Florida Statute 207.004 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIV
TAXATION AND FINANCE

Chapter 207
TAX ON OPERATION OF COMMERCIAL MOTOR VEHICLES

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F.S. 207.004

207.004 Registration of motor carriers; identifying devices; fees; renewals; temporary fuel-use permits and driveaway permits.—

(1)(a) No motor carrier shall operate or cause to be operated in this state any commercial motor vehicle, other than a Florida-based commercial motor vehicle that travels Florida intrastate mileage only, that uses diesel fuel or motor fuel until such carrier has registered with the department or has registered under a cooperative reciprocal agreement as described in s. 207.0281, after such time as this state enters into such agreement, and has been issued an identifying device or such carrier has been issued a permit as authorized under subsections (4) and (5) for each vehicle operated. There shall be a fee of $4 per year or any fraction thereof for each such identifying device issued. The identifying device shall be provided by the department and must be conspicuously displayed on the commercial motor vehicle as prescribed by the department while it is being operated on the public highways of this state. The transfer of an identifying device from one vehicle to another vehicle or from one motor carrier to another motor carrier is prohibited.

(b) The motor carrier to whom an identifying device has been issued shall be solely responsible for the proper use of the identifying device by its employees, consignees, or lessees.

(2) Identifying devices shall be issued each year for the period January 1 through December 31, or any portion thereof, if tax returns and tax payments, when applicable, have been submitted to the department for prior reporting periods. Identifying devices may be displayed for the next succeeding indicia period beginning December 1 of each year.

(3) If a motor carrier no longer operates or causes to be operated in this state a commercial motor vehicle, the identifying device shall be destroyed and the motor carrier to whom the device was issued shall notify the department immediately by letter of such removal and of the number of the identifying device that has been destroyed.

(4) A motor carrier, before operating a commercial motor vehicle on the public highways of this state, must display an identifying device as required under subsections (1) and (2) or must obtain a temporary fuel-use permit for that vehicle. A temporary fuel-use permit shall expire within 10 days after date of issuance. The cost of a temporary fuel-use permit is $45, and the permit exempts the vehicle from the payment of the motor fuel or diesel fuel tax imposed under this chapter during the term for which the permit is valid. However, the vehicle is not exempt from paying the fuel tax at the pump.

(5)(a) A registered motor carrier holding a valid certificate of registration may, upon payment of the $45 fee per permit, secure from the department, or any wire service authorized by the department, a temporary fuel-use permit. A blank temporary fuel-use permit, before its use, must be executed by the motor carrier, in ink or type, so as to identify the carrier, the vehicle to which the permit is assigned, and the date that the vehicle is placed in and removed from service. The temporary fuel-use permit shall also show a complete identification of the vehicle on which the permit is to be used, together with the name and address of the owner or lessee of the vehicle. The endorsed temporary fuel-use permit shall then be carried on the vehicle that it identifies and shall be exhibited on demand to any authorized personnel. Temporary fuel-use permits may be transmitted to the motor carrier by electronic means and shall be completed as outlined by department personnel prior to transmittal. The motor carrier to whom a temporary fuel-use permit is issued shall be solely responsible for the proper use of the permit by its employees, consignees, or lessees. Any erasure, alteration, or unauthorized use of a temporary fuel-use permit shall render it invalid and of no effect. A motor carrier to whom a temporary fuel-use permit is issued may not knowingly allow the permit to be used by any other person or organization.

(b) An unregistered motor carrier may, upon payment of the $45 fee, secure from any wire service authorized by the department, by electronic means, a temporary fuel-use permit that shall be valid for a period of 10 days. Such permit must show the name and address of the unregistered motor carrier to whom it is issued, the date the vehicle is placed in and removed from service, a complete identification of the vehicle on which the permit is to be used, and the name and address of the owner or lessee of the vehicle. The temporary fuel-use permit shall then be carried on the vehicle that it identifies and shall be exhibited on demand to any authorized personnel. The unregistered motor carrier to whom a temporary fuel-use permit is issued shall be solely responsible for the proper use of the permit by its employees, consignees, or lessees. Any erasure, alteration, or unauthorized use of a temporary fuel-use permit shall render it invalid and of no effect. The unregistered motor carrier to whom a temporary fuel-use permit is issued may not knowingly allow the permit to be used by any other person or organization.

(c) A registered motor carrier engaged in driveaway transportation, in which the cargo is the vehicle itself and is in transit to stock inventory and the ownership of the vehicle is not vested in the motor carrier, may, upon payment of the $4 fee, secure from the department a driveaway permit. The driveaway permits shall be issued for the period January 1 through December 31. An original permit must be in the possession of the operator of each vehicle and shall be exhibited on demand to any authorized personnel. Vehicle mileage reports must be submitted by the motor carrier, and the road privilege tax must be paid on all miles operated within this state during the reporting period. All other provisions of this chapter shall apply to the holder of a driveaway permit.

History.—s. 2, ch. 80-415; s. 1, ch. 81-151; s. 102, ch. 81-259; s. 67, ch. 83-217; s. 2, ch. 84-260; s. 41, ch. 85-180; s. 7, ch. 87-198; s. 5, ch. 88-306; s. 5, ch. 90-329; s. 1, ch. 94-306; s. 104, ch. 95-417.

Note.—Former s. 206.974.

F.S. 207.004 on Google Scholar

F.S. 207.004 on Casetext

Amendments to 207.004

Arrestable Offenses / Crimes under Fla. Stat. 207.004

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 207.004.

Annotations, Discussions, Cases:

Cases Citing Statute 207.004

Total Results: 19

Eileen Hernandez, M.D. v. Lualhati Crespo

Court: Supreme Court of Florida | Date Filed: 2016-12-22

Citation: 211 So. 3d 19, 41 Fla. L. Weekly Supp. 625, 2016 WL 7406537, 2016 Fla. LEXIS 2718

Snippet: $250,000 cap on noneconomic damages.”). . § 766.207(4)-(5), Fla. Stat. (1996). . § 766.207(7)(f)-(g)

Meridian Pain & Diagnostics, Inc. v. Greber

Court: District Court of Appeal of Florida | Date Filed: 2016-07-27

Citation: 197 So. 3d 153, 2016 Fla. App. LEXIS 11380, 2016 WL 4035874

Snippet: 3 . Section 766.207(4) governs the composition of the arbitration panel

Kauk v. Department of Financial Services

Court: District Court of Appeal of Florida | Date Filed: 2014-01-03

Citation: 131 So. 3d 805, 2014 WL 28301, 2014 Fla. App. LEXIS 107

Snippet: section 626.207(3), the Department cited section 626.207(4), Florida Statutes (2011), which provides an absolute

Carter v. Florida Department of Financial Services

Court: District Court of Appeal of Florida | Date Filed: 2013-07-19

Citation: 117 So. 3d 476, 2013 WL 3770843, 2013 Fla. App. LEXIS 11466

Snippet: Florida Statutes, and other statutes. Section 626.207(4)(a), Florida Statutes, disqualifies an applicant

Deno v. Lifemark Hospital of Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2010-10-13

Citation: 45 So. 3d 959, 2010 Fla. App. LEXIS 15568, 2010 WL 3984806

Snippet: Hearings who serves as the chief arbitrator. Id. § 766.207(4). Defendants who submit to arbitration under section

Transportation Casualty Insurance Co. v. All American Air Freight, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-03-29

Citation: 925 So. 2d 396, 2006 Fla. App. LEXIS 4427

Snippet: registration, issued under this chapter or s. 207.004(1), of a motor carrier who operates a commercial

St. Mary's Hospital, Inc. v. Phillipe

Court: Supreme Court of Florida | Date Filed: 2000-06-29

Citation: 769 So. 2d 961, 2000 WL 854258

Snippet: also perfectly clear. For example, section 766.207(4), which sets forth the composition of the arbitration

Tallahassee Memorial Regional Medical Center, Inc. v. Kinsey

Court: District Court of Appeal of Florida | Date Filed: 1995-05-18

Citation: 655 So. 2d 1191, 1995 Fla. App. LEXIS 5342

Snippet: failure to comply with the provisions of section 766.207(4) requiring that “the chief arbitrator” be a hearing

TALLAHASSEE MEM. REG. MED. v. Kinsey

Court: District Court of Appeal of Florida | Date Filed: 1995-05-18

Citation: 655 So. 2d 1191

Snippet: failure to comply with the provisions of section 766.207(4) requiring that "the chief arbitrator" be a hearing

Ago

Court: Florida Attorney General Reports | Date Filed: 1991-07-17

Snippet: ss. 154.203 and 154.209(10), F.S. 3 Section 154.207(4), F.S. 4 See, 154.207(7), F.S. 5 Cf., Commission

State, Department of Revenue v. Private Truck Council of America, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1988-09-08

Citation: 531 So. 2d 367, 13 Fla. L. Weekly 2112, 1988 Fla. App. LEXIS 4041, 1988 WL 92985

Snippet: appeals from a final judgment declaring Section 207.004(5)(d), Florida Statutes unconstitutional as an

Ago

Court: Florida Attorney General Reports | Date Filed: 1984-09-21

Snippet: for cause as specified in the statute. See, s 154.207(4), F.S. Moreover, the governing body of the county

JE Joyner, Inc. v. Ettlinger

Court: District Court of Appeal of Florida | Date Filed: 1979-09-18

Citation: 382 So. 2d 27, 29 U.C.C. Rep. Serv. (West) 1071, 1979 Fla. App. LEXIS 6977

Snippet: Section 679.207, Florida Statutes. Section 679.207(4) provides as follows: "(4) A secured party may use

Tallahassee Bank & Trust Co. v. Brooks

Court: District Court of Appeal of Florida | Date Filed: 1967-05-30

Citation: 200 So. 2d 251, 1967 Fla. App. LEXIS 4962

Snippet: the beneficiary of a trust which contained $103,207.04 in cash and real property; that the rector, acting

Schluter v. National Union Fire Insurance Company

Court: District Court of Appeal of Florida | Date Filed: 1962-09-05

Citation: 144 So. 2d 95

Snippet: United States in Clay v. Sun Insurance, 363 U.S. 207, 4 L.Ed.2d 1170, 80 S.Ct. 122 (1960), and holds, as

Harrison v. State

Court: District Court of Appeal of Florida | Date Filed: 1958-07-17

Citation: 104 So. 2d 391

Snippet: 242. [3] Gustine v. State, 86 Fla. 24, 97 So. 207. [4] Blackwell v. State, 79 Fla. 709, 86 So. 224,

Gross v. Hammond

Court: Supreme Court of Florida | Date Filed: 1939-05-16

Citation: 188 So. 789, 138 Fla. 20

Snippet: 89 Am. Dec. 167; Fargason v. Edrington, 49 Ark. 207, 4 S.W. 763.' "At the time that the lower court granted

Tyler v. Johnson

Court: Supreme Court of Florida | Date Filed: 1911-01-15

Citation: 61 Fla. 730

Snippet: 89 Am. Dec. 167; Fargason v. Edrington, 49 Ark. 207, 4 S. W. Rep. 763. Where possession of land is taken

Parker, Holmes & Co. v. Cleveland

Court: Supreme Court of Florida | Date Filed: 1896-01-15

Citation: 37 Fla. 39

Snippet: 10 Atl. Rep. 289; Eigenbrun vs. Smith, 98 N. S. 207, 4 S. E. Rep. 122; Goll vs. Hubbell, 61 Wis. 293,