Bill Text: FL S1134 | 2021 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Highway Safety and Motor Vehicles

Spectrum: Partisan Bill (Republican 1-0)

Status: (Enrolled) 2021-04-27 - Ordered engrossed, then enrolled [S1134 Detail]

Download: Florida-2021-S1134-Introduced.html
       Florida Senate - 2021                                    SB 1134
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-01289B-21                                          20211134__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Highway Safety
    3         and Motor Vehicles; amending s. 316.302, F.S.;
    4         revising regulations applicable to owners and drivers
    5         of commercial motor vehicles; revising the length of
    6         time within which an officer is authorized to give
    7         written notice requiring correction of an unduly
    8         hazardous operating condition; amending s. 316.614,
    9         F.S.; revising the definition of the term “motor
   10         vehicle”; amending s. 316.70, F.S.; requiring the
   11         Department of Highway Safety and Motor Vehicles,
   12         rather than the Department of Transportation, to
   13         establish and revise standards to ensure the safe
   14         operation of nonpublic sector buses; conforming
   15         provisions to changes made by the act; amending s.
   16         319.225, F.S.; revising applicability; providing that
   17         vehicles that meet certain conditions are exempt from
   18         odometer disclosure after specified periods of time;
   19         amending s. 320.0715, F.S.; requiring motor carriers
   20         and vehicle owners whose registrations have been
   21         suspended to return their license plates to the
   22         Department of Highway Safety and Motor Vehicles or
   23         surrender their license plates to law enforcement;
   24         requiring the department to deny registration of a
   25         motor vehicle trip permit under certain conditions;
   26         amending s. 322.01, F.S.; defining the term “human
   27         trafficking”; amending s. 322.05, F.S.; prohibiting
   28         the department from issuing a license to any person as
   29         a commercial motor vehicle operator under specified
   30         conditions; amending s. 322.18, F.S.; providing that
   31         commercial driver licenses expire at midnight 8 years
   32         after the licensee’s birthday; amending s. 322.25,
   33         F.S.; requiring clerks of court to promptly report to
   34         the department each conviction for human trafficking,
   35         regardless of whether adjudication is withheld;
   36         amending s. 322.28, F.S.; requiring the court to
   37         permanently revoke the commercial driver license of a
   38         person under specified conditions; requiring the
   39         department to permanently revoke the driver license or
   40         driving privilege of the person if the court has not
   41         revoked such driver license or driving privilege
   42         within a specified timeframe; amending s. 322.61,
   43         F.S.; revising provisions for disqualification from
   44         operating a commercial motor vehicle; providing a
   45         penalty for any person who uses a commercial motor
   46         vehicle in the commission of a felony involving human
   47         trafficking; amending s. 322.34, F.S.; conforming a
   48         cross-reference; providing an effective date.
   49          
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Paragraph (b) of subsection (1) and subsection
   53  (9) of section 316.302, Florida Statutes, are amended to read:
   54         316.302 Commercial motor vehicles; safety regulations;
   55  transporters and shippers of hazardous materials; enforcement.—
   56         (1)
   57         (b) Except as otherwise provided in this section, all
   58  owners and or drivers of commercial motor vehicles that are
   59  engaged in intrastate commerce are subject to the rules and
   60  regulations contained in 49 C.F.R. parts 382, 383, 385, 386, and
   61  390-397, as such rules and regulations existed on December 31,
   62  2020 2018.
   63         (9) For the purpose of enforcing this section, any law
   64  enforcement officer of the Department of Highway Safety and
   65  Motor Vehicles or duly appointed agent who holds a current
   66  safety inspector certification from the Commercial Vehicle
   67  Safety Alliance may require the driver of any commercial vehicle
   68  operated on the highways of this state to stop and submit to an
   69  inspection of the vehicle or the driver’s records. If the
   70  vehicle or driver is found to be operating in an unsafe
   71  condition, or if any required part or equipment is not present
   72  or is not in proper repair or adjustment, and the continued
   73  operation would present an unduly hazardous operating condition,
   74  the officer may require the vehicle or the driver to be removed
   75  from service pursuant to the North American Standard Out-of
   76  Service Criteria, until corrected. However, if continuous
   77  operation would not present an unduly hazardous operating
   78  condition, the officer may give written notice requiring
   79  correction of the condition within 15 14 days.
   80         (a) Any member of the Florida Highway Patrol or any law
   81  enforcement officer employed by a sheriff’s office or municipal
   82  police department authorized to enforce the traffic laws of this
   83  state pursuant to s. 316.640 who has reason to believe that a
   84  vehicle or driver is operating in an unsafe condition may, as
   85  provided in subsection (11), enforce the provisions of this
   86  section.
   87         (b) Any person who fails to comply with an officer’s
   88  request to submit to an inspection under this subsection commits
   89  a violation of s. 843.02 if the person resists the officer
   90  without violence or a violation of s. 843.01 if the person
   91  resists the officer with violence.
   92         Section 2. Paragraph (a) of subsection (3) of section
   93  316.614, Florida Statutes, is amended to read:
   94         316.614 Safety belt usage.—
   95         (3) As used in this section:
   96         (a) “Motor vehicle” means a motor vehicle as defined in s.
   97  316.003 which is operated on the roadways, streets, and highways
   98  of this state or when stationary at a traffic control device.
   99  The term does not include:
  100         1. A school bus.
  101         2. A bus used for the transportation of persons for
  102  compensation.
  103         3. A farm tractor or implement of husbandry.
  104         4. A truck having a gross vehicle weight rating of more
  105  than 26,000 pounds.
  106         5. A motorcycle, a moped, a bicycle, or an electric
  107  bicycle.
  108         Section 3. Section 316.70, Florida Statutes, is amended to
  109  read:
  110         316.70 Nonpublic sector buses; safety rules.—
  111         (1) The Department of Highway Safety and Motor Vehicles
  112  Transportation shall establish and revise standards to ensure
  113  the safe operation of nonpublic sector buses, which standards
  114  shall be those contained in 49 C.F.R. parts 382, 385, and 390
  115  397 and which shall be directed toward ensuring that:
  116         (a) Nonpublic sector buses are safely maintained, equipped,
  117  and operated.
  118         (b) Nonpublic sector buses are carrying the insurance
  119  required by law and carrying liability insurance on the checked
  120  baggage of passengers not to exceed the standard adopted by the
  121  United States Department of Transportation.
  122         (c) Florida license tags are purchased for nonpublic sector
  123  buses pursuant to s. 320.38.
  124         (d) The driving records of drivers of nonpublic sector
  125  buses are checked by their employers at least once each year to
  126  ascertain whether the driver has a suspended or revoked driver
  127  license.
  128         (2) Department of Highway Safety and Motor Vehicles
  129  Transportation personnel may conduct compliance reviews for the
  130  purpose of determining compliance with this section. A civil
  131  penalty not to exceed $5,000 in the aggregate may be assessed
  132  against any person who violates any provision of this section or
  133  who violates any rule or order of the Department of Highway
  134  Safety and Motor Vehicles Transportation. A civil penalty not to
  135  exceed $25,000 in the aggregate may be assessed for violations
  136  found in a followup compliance review conducted within a 24
  137  month period. A civil penalty not to exceed $25,000 in the
  138  aggregate may be assessed and the motor carrier may be enjoined
  139  pursuant to s. 316.3026 if violations are found after a second
  140  followup compliance review within 12 months after the first
  141  followup compliance review. Motor carriers found to be operating
  142  without insurance coverage required by s. 627.742 or 49 C.F.R.
  143  part 387 may be enjoined as provided in s. 316.3026.
  144         (3) School buses subject to the provisions of chapter 1006
  145  or s. 316.615 are exempt from the provisions of this section.
  146         Section 4. Subsection (4) of section 319.225, Florida
  147  Statutes, is amended to read:
  148         319.225 Transfer and reassignment forms; odometer
  149  disclosure statements.—
  150         (4) Upon transfer or reassignment of a certificate of title
  151  to a used motor vehicle, the transferor shall complete the
  152  odometer disclosure statement provided for by this section and
  153  the transferee shall acknowledge the disclosure by signing and
  154  printing his or her name in the spaces provided. This subsection
  155  does not apply to a vehicle that has a gross vehicle rating of
  156  more than 16,000 pounds, a vehicle that is not self-propelled,
  157  or a vehicle that is exempt from odometer disclosure. A vehicle
  158  with a model year of 2011 or newer is exempt from odometer
  159  disclosure after 20 years, and a vehicle with a model year of
  160  2010 or older is exempt from odometer disclosure after 10 years
  161  old or older. A lessor who transfers title to his or her vehicle
  162  without obtaining possession of the vehicle shall make odometer
  163  disclosure as provided by 49 C.F.R. s. 580.7. Any person who
  164  fails to complete or acknowledge a disclosure statement as
  165  required by this subsection is guilty of a misdemeanor of the
  166  second degree, punishable as provided in s. 775.082 or s.
  167  775.083. The department may not issue a certificate of title
  168  unless this subsection has been complied with.
  169         Section 5. Subsections (6) and (7) are added to section
  170  320.0715, Florida Statutes, to read:
  171         320.0715 International Registration Plan; motor carrier
  172  services; permits; retention of records.—
  173         (6) A motor carrier or vehicle owner whose registration has
  174  been suspended shall return his or her license plate to the
  175  department or surrender his or her license plates to law
  176  enforcement.
  177         (7)The department shall deny registration if:
  178         (a)The applicant fails to disclose material information
  179  required on the application;
  180         (b)The applicant has applied in an attempt to hide the
  181  disclosure of the real party in interest who has been issued a
  182  federal out-of-service order; or
  183         (c)The applicant’s business is operated, managed, or
  184  otherwise controlled by or affiliated with a person who is
  185  ineligible for registration, including the applicant entity, a
  186  relative, a family member, a corporate officer, or a
  187  shareholder.
  188         Section 6. Present subsections (25) through (47) of section
  189  322.01, Florida Statutes, are redesignated as subsections (26)
  190  through (48), respectively, and a new subsection (25) is added
  191  to that section, to read:
  192         322.01 Definitions.—As used in this chapter:
  193         (25)Human trafficking” has the same meaning as provided
  194  in s. 787.06(2)(d).
  195         Section 7. Subsection (12) is added to section 322.05,
  196  Florida Statutes, to read:
  197         322.05 Persons not to be licensed.—The department may not
  198  issue a license:
  199         (12) To any person, as a commercial motor vehicle operator,
  200  who has been convicted of, or has entered a plea of guilty or
  201  nolo contendere to, regardless of whether adjudication was
  202  withheld, any felony involving human trafficking under state or
  203  federal law involving the use of a commercial motor vehicle.
  204         Section 8. Paragraph (f) is added to subsection (2) of
  205  section 322.18, Florida Statutes, to read:
  206         322.18 Original applications, licenses, and renewals;
  207  expiration of licenses; delinquent licenses.—
  208         (2) Each applicant who is entitled to the issuance of a
  209  driver license, as provided in this section, shall be issued a
  210  driver license, as follows:
  211         (f) Notwithstanding any other provision of this chapter, an
  212  applicant applying for an original issuance of a commercial
  213  driver license as defined in s. 322.01(7) shall be issued a
  214  driver license that expires at midnight 8 years after the
  215  licensee’s last birthday.
  216         Section 9. Subsection (7) is added to section 322.25,
  217  Florida Statutes, to read:
  218         322.25 When court to forward license to department and
  219  report convictions.—
  220         (7) Each clerk of court shall promptly report to the
  221  department each conviction, regardless of whether adjudication
  222  was withheld, for human trafficking which involves the use of a
  223  commercial motor vehicle.
  224         Section 10. Subsection (8) is added to section 322.28,
  225  Florida Statutes, to read:
  226         322.28 Period of suspension or revocation.—
  227         (8) The court shall permanently revoke the commercial
  228  driver license of a person who is convicted of, or has entered a
  229  plea of guilty or nolo contendere to, regardless of whether
  230  adjudication is withheld, any felony involving human trafficking
  231  under state or federal law which involves the use of a
  232  commercial motor vehicle. If the court has not permanently
  233  revoked such driver license or driving privilege within 30 days
  234  after imposing a sentence, the department must permanently
  235  revoke the driver license or driving privilege pursuant to this
  236  section.
  237         Section 11. Section 322.61, Florida Statutes, is amended to
  238  read:
  239         322.61 Disqualification from operating a commercial motor
  240  vehicle.—
  241         (1) A person who, for offenses occurring within a 3-year
  242  period, is convicted of two of the following serious traffic
  243  violations or any combination thereof, arising in separate
  244  incidents committed in a commercial motor vehicle shall, in
  245  addition to any other applicable penalties, be disqualified from
  246  operating a commercial motor vehicle for a period of 60 days. A
  247  holder of a commercial driver license or commercial learner’s
  248  permit who, for offenses occurring within a 3-year period, is
  249  convicted of two of the following serious traffic violations, or
  250  any combination thereof, arising in separate incidents committed
  251  in a noncommercial motor vehicle shall, in addition to any other
  252  applicable penalties, be disqualified from operating a
  253  commercial motor vehicle for a period of 60 days if such
  254  convictions result in the suspension, revocation, or
  255  cancellation of the licenseholder’s driving privilege:
  256         (a) A violation of any state or local law relating to motor
  257  vehicle traffic control, other than a parking violation, arising
  258  in connection with a crash resulting in death;
  259         (b) Reckless driving, as defined in s. 316.192;
  260         (c) Unlawful speed of 15 miles per hour or more above the
  261  posted speed limit;
  262         (d) Improper lane change, as defined in s. 316.085;
  263         (e) Following too closely, as defined in s. 316.0895;
  264         (f) Driving a commercial vehicle without obtaining a
  265  commercial driver license;
  266         (g) Driving a commercial vehicle without the proper class
  267  of commercial driver license or commercial learner’s permit or
  268  without the proper endorsement; or
  269         (h) Driving a commercial vehicle without a commercial
  270  driver license or commercial learner’s permit in possession, as
  271  required by s. 322.03;.
  272         (i)Texting while driving; or
  273         (j)Using a handheld mobile telephone while driving.
  274         (2)(a) Any person who, for offenses occurring within a 3
  275  year period, is convicted of three serious traffic violations
  276  specified in subsection (1) or any combination thereof, arising
  277  in separate incidents committed in a commercial motor vehicle
  278  shall, in addition to any other applicable penalties, including
  279  but not limited to the penalty provided in subsection (1), be
  280  disqualified from operating a commercial motor vehicle for a
  281  period of 120 days.
  282         (b) A holder of a commercial driver license or commercial
  283  learner’s permit who, for offenses occurring within a 3-year
  284  period, is convicted of three serious traffic violations
  285  specified in subsection (1) or any combination thereof arising
  286  in separate incidents committed in a noncommercial motor vehicle
  287  shall, in addition to any other applicable penalties, including,
  288  but not limited to, the penalty provided in subsection (1), be
  289  disqualified from operating a commercial motor vehicle for a
  290  period of 120 days if such convictions result in the suspension,
  291  revocation, or cancellation of the licenseholder’s driving
  292  privilege.
  293         (3)(a) Except as provided in subsection (4), any person who
  294  is convicted of one of the offenses listed in paragraph (b)
  295  while operating a commercial motor vehicle shall, in addition to
  296  any other applicable penalties, be disqualified from operating a
  297  commercial motor vehicle for a period of 1 year.
  298         (b) Except as provided in subsection (4), any holder of a
  299  commercial driver license or commercial learner’s permit who is
  300  convicted of one of the offenses listed in this paragraph while
  301  operating a noncommercial motor vehicle shall, in addition to
  302  any other applicable penalties, be disqualified from operating a
  303  commercial motor vehicle for a period of 1 year:
  304         1. Driving a motor vehicle while he or she is under the
  305  influence of alcohol or a controlled substance;
  306         2. Driving a commercial motor vehicle while the alcohol
  307  concentration of his or her blood, breath, or urine is .04
  308  percent or higher;
  309         3. Leaving the scene of a crash involving a motor vehicle
  310  driven by such person;
  311         4. Using a motor vehicle in the commission of a felony;
  312         5. Refusing to submit to a test to determine his or her
  313  alcohol concentration while driving a motor vehicle;
  314         6. Driving a commercial motor vehicle when, as a result of
  315  prior violations committed operating a commercial motor vehicle,
  316  his or her commercial driver license or commercial learner’s
  317  permit is revoked, suspended, or canceled, or he or she is
  318  disqualified from operating a commercial motor vehicle; or
  319         7. Causing a fatality through the negligent operation of a
  320  commercial motor vehicle.
  321         (4) Any person who is transporting hazardous materials as
  322  defined in s. 322.01(24) shall, upon conviction of an offense
  323  specified in subsection (3), be disqualified from operating a
  324  commercial motor vehicle for a period of 3 years. The penalty
  325  provided in this subsection shall be in addition to any other
  326  applicable penalty.
  327         (5) A person who is convicted of two violations specified
  328  in subsection (3) which were committed while operating a
  329  commercial motor vehicle, or any combination thereof, arising in
  330  separate incidents shall be permanently disqualified from
  331  operating a commercial motor vehicle. A holder of a commercial
  332  driver license or commercial learner’s permit who is convicted
  333  of two violations specified in subsection (3) which were
  334  committed while operating any motor vehicle arising in separate
  335  incidents shall be permanently disqualified from operating a
  336  commercial motor vehicle. The penalty provided in this
  337  subsection is in addition to any other applicable penalty.
  338         (6) Notwithstanding subsections (3), (4), and (5), any
  339  person who uses a commercial motor vehicle in the commission of
  340  any felony involving the manufacture, distribution, or
  341  dispensing of a controlled substance, including possession with
  342  intent to manufacture, distribute, or dispense a controlled
  343  substance, shall, upon conviction of such felony, be permanently
  344  disqualified from operating a commercial motor vehicle.
  345  Notwithstanding subsections (3), (4), and (5), any holder of a
  346  commercial driver license or commercial learner’s permit who
  347  uses a noncommercial motor vehicle in the commission of any
  348  felony involving the manufacture, distribution, or dispensing of
  349  a controlled substance, including possession with intent to
  350  manufacture, distribute, or dispense a controlled substance,
  351  shall, upon conviction of such felony, be permanently
  352  disqualified from operating a commercial motor vehicle. The
  353  penalty provided in this subsection is in addition to any other
  354  applicable penalty.
  355         (7)Any person who uses a commercial motor vehicle in the
  356  commission of any felony involving human trafficking under state
  357  or federal law shall, upon conviction of, or plea of guilty or
  358  nolo contendere to, regardless of whether adjudication is
  359  withheld, such felony, be permanently disqualified from
  360  operating a commercial motor vehicle. The penalty provided in
  361  this subsection is in addition to any other applicable penalty.
  362         (8)(7) A person whose privilege to operate a commercial
  363  motor vehicle is disqualified under this section may, if
  364  otherwise qualified, be issued a Class E driver license,
  365  pursuant to s. 322.251.
  366         (9)(8) A driver who is convicted of or otherwise found to
  367  have committed a violation of an out-of-service order while
  368  driving a commercial motor vehicle is disqualified as follows:
  369         (a) At least 180 days but not more than 1 year if the
  370  driver is convicted of or otherwise found to have committed a
  371  first violation of an out-of-service order.
  372         (b) At least 2 years but not more than 5 years if, for
  373  offenses occurring during any 10-year period, the driver is
  374  convicted of or otherwise found to have committed two violations
  375  of out-of-service orders in separate incidents.
  376         (c) At least 3 years but not more than 5 years if, for
  377  offenses occurring during any 10-year period, the driver is
  378  convicted of or otherwise found to have committed three or more
  379  violations of out-of-service orders in separate incidents.
  380         (d) At least 180 days but not more than 2 years if the
  381  driver is convicted of or otherwise found to have committed a
  382  first violation of an out-of-service order while transporting
  383  hazardous materials required to be placarded under the Hazardous
  384  Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or
  385  while operating motor vehicles designed to transport more than
  386  15 passengers, including the driver. A driver is disqualified
  387  for a period of at least 3 years but not more than 5 years if,
  388  for offenses occurring during any 10-year period, the driver is
  389  convicted of or otherwise found to have committed any subsequent
  390  violations of out-of-service orders, in separate incidents,
  391  while transporting hazardous materials required to be placarded
  392  under the Hazardous Materials Transportation Act, 49 U.S.C. ss.
  393  5101 et seq., or while operating motor vehicles designed to
  394  transport more than 15 passengers, including the driver.
  395         (10)(9) A driver who is convicted of or otherwise found to
  396  have committed an offense of operating a commercial motor
  397  vehicle in violation of federal, state, or local law or
  398  regulation pertaining to one of the following six offenses at a
  399  railroad-highway grade crossing must be disqualified for the
  400  period of time specified in subsection (11) (10):
  401         (a) For drivers who are not always required to stop,
  402  failing to slow down and check that the tracks are clear of
  403  approaching trains.
  404         (b) For drivers who are not always required to stop,
  405  failing to stop before reaching the crossing if the tracks are
  406  not clear.
  407         (c) For drivers who are always required to stop, failing to
  408  stop before driving onto the crossing.
  409         (d) For all drivers, failing to have sufficient space to
  410  drive completely through the crossing without stopping.
  411         (e) For all drivers, failing to obey a traffic control
  412  device or all directions of an enforcement official at the
  413  crossing.
  414         (f) For all drivers, failing to negotiate a crossing
  415  because of insufficient undercarriage clearance.
  416         (11)(a)(10)(a) A driver must be disqualified for at least
  417  60 days if the driver is convicted of or otherwise found to have
  418  committed a first violation of a railroad-highway grade crossing
  419  violation.
  420         (b) A driver must be disqualified for at least 120 days if,
  421  for offenses occurring during any 3-year period, the driver is
  422  convicted of or otherwise found to have committed a second
  423  railroad-highway grade crossing violation in separate incidents.
  424         (c) A driver must be disqualified for at least 1 year if,
  425  for offenses occurring during any 3-year period, the driver is
  426  convicted of or otherwise found to have committed a third or
  427  subsequent railroad-highway grade crossing violation in separate
  428  incidents.
  429         Section 12. Subsection (2) of section 322.34, Florida
  430  Statutes, is amended to read:
  431         322.34 Driving while license suspended, revoked, canceled,
  432  or disqualified.—
  433         (2) Any person whose driver license or driving privilege
  434  has been canceled, suspended, or revoked as provided by law, or
  435  who does not have a driver license or driving privilege but is
  436  under suspension or revocation equivalent status as defined in
  437  s. 322.01(42) s. 322.01(41), except persons defined in s.
  438  322.264, who, knowing of such cancellation, suspension,
  439  revocation, or suspension or revocation equivalent status,
  440  drives any motor vehicle upon the highways of this state while
  441  such license or privilege is canceled, suspended, or revoked, or
  442  while under suspension or revocation equivalent status, commits:
  443         (a) A misdemeanor of the second degree, punishable as
  444  provided in s. 775.082 or s. 775.083.
  445         (b)1. A misdemeanor of the first degree, punishable as
  446  provided in s. 775.082 or s. 775.083, upon a second or
  447  subsequent conviction, except as provided in paragraph (c).
  448         2. A person convicted of a third or subsequent conviction,
  449  except as provided in paragraph (c), must serve a minimum of 10
  450  days in jail.
  451         (c) A felony of the third degree, punishable as provided in
  452  s. 775.082, s. 775.083, or s. 775.084, upon a third or
  453  subsequent conviction if the current violation of this section
  454  or the most recent prior violation of the section is related to
  455  driving while license canceled, suspended, revoked, or
  456  suspension or revocation equivalent status resulting from a
  457  violation of:
  458         1. Driving under the influence;
  459         2. Refusal to submit to a urine, breath-alcohol, or blood
  460  alcohol test;
  461         3. A traffic offense causing death or serious bodily
  462  injury; or
  463         4. Fleeing or eluding.
  464  
  465  The element of knowledge is satisfied if the person has been
  466  previously cited as provided in subsection (1); or the person
  467  admits to knowledge of the cancellation, suspension, or
  468  revocation, or suspension or revocation equivalent status; or
  469  the person received notice as provided in subsection (4). There
  470  shall be a rebuttable presumption that the knowledge requirement
  471  is satisfied if a judgment or order as provided in subsection
  472  (4) appears in the department’s records for any case except for
  473  one involving a suspension by the department for failure to pay
  474  a traffic fine or for a financial responsibility violation.
  475         Section 13. This act shall take effect July 1, 2021.

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