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

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: (Passed) 2021-07-06 - Chapter No. 2021-187, companion bill(s) passed, see HB 1359 (Ch. 2021-237) [S1134 Detail]

Download: Florida-2021-S1134-Engrossed.html
       SB 1134                                          First Engrossed
       
       
       
       
       
       
       
       
       20211134e1
       
    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.; providing that
   11         owners and drivers of nonpublic sector buses operated
   12         on public highways of this state are subject to
   13         specified provisions of law; authorizing the
   14         Department of Highway Safety and Motor Vehicles to
   15         conduct compliance reviews for a specified purpose;
   16         revising civil penalties; authorizing certain law
   17         enforcement officers and appointed agents to require
   18         drivers of nonpublic sector buses to submit to an
   19         inspection of the bus and the driver’s records;
   20         authorizing such officers and agents to require the
   21         bus and driver to be removed from service under
   22         specified conditions; authorizing such officers and
   23         agents to give written notice; conforming provisions
   24         to changes made by the act; creating s. 319.1414,
   25         F.S.; authorizing the department to conduct
   26         investigations and examinations of department
   27         authorized private rebuilt inspection providers;
   28         authorizing the department to exercise certain powers
   29         when conducting such investigations and examinations;
   30         authorizing the department to petition a court if a
   31         person refuses to testify, produce materials, or obey
   32         a subpoena or subpoena duces tecum; requiring the
   33         court to issue an order; requiring such person to obey
   34         the subpoena or show cause for failing to obey the
   35         subpoena; providing a penalty for a person who fails
   36         to comply with the court’s order; authorizing the
   37         department to designate agents for specified purposes;
   38         authorizing the department to adopt rules; amending s.
   39         319.25, F.S.; authorizing the department to conduct
   40         investigations and examinations relating to violations
   41         of provisions relating to title certificates;
   42         authorizing the department to exercise certain powers
   43         when conducting such investigations and examinations;
   44         authorizing the department to petition a court if a
   45         person refuses to testify, produce materials, or obey
   46         a subpoena or subpoena duces tecum; requiring the
   47         court to issue an order; requiring such person to obey
   48         the subpoena or show cause for failing to obey the
   49         subpoena; providing a penalty for a person who fails
   50         to comply with the court’s order; authorizing the
   51         department to designate agents for specified purposes;
   52         authorizing the department to adopt rules; amending s.
   53         320.861, F.S.; authorizing the department to conduct
   54         investigations and examinations relating to violations
   55         of certain laws, rules, or orders relating to motor
   56         vehicle licenses; revising the powers of the
   57         department relating to conducting such investigations
   58         and examinations; authorizing the department to
   59         petition a court if a person refuses to testify,
   60         produce materials, or obey a subpoena or subpoena
   61         duces tecum; authorizing the court to issue certain
   62         orders or rulings relating to failure to obey the
   63         subpoena; authorizing the department to designate
   64         examiners, employees, or attorneys for specified
   65         purposes; creating s. 322.71, F.S.; authorizing the
   66         department to conduct investigations and examinations
   67         relating to violations of certain laws, rules, or
   68         orders relating to driver licenses; authorizing the
   69         department to exercise certain powers when conducting
   70         such investigations and examinations; authorizing the
   71         department to petition a court if a person refuses to
   72         testify, produce materials, or obey a subpoena or
   73         subpoena duces tecum; requiring the court to issue an
   74         order; requiring such person to obey the subpoena or
   75         show cause for failing to obey the subpoena; providing
   76         a penalty for a person who fails to comply with the
   77         court’s order; authorizing the department to designate
   78         agents for specified purposes; authorizing the
   79         department to adopt rules; amending s. 319.225, F.S.;
   80         revising applicability; providing that vehicles that
   81         meet certain conditions are exempt from odometer
   82         disclosure after specified periods of time; amending
   83         s. 320.0715, F.S.; requiring motor carriers and
   84         vehicle owners whose registrations have been suspended
   85         to return their license plates to the Department of
   86         Highway Safety and Motor Vehicles or surrender their
   87         license plates to law enforcement; requiring the
   88         department to deny registration of a motor vehicle
   89         trip permit under certain conditions; amending s.
   90         322.01, F.S.; defining the term “human trafficking”;
   91         amending s. 322.05, F.S.; prohibiting the department
   92         from issuing a license to any person as a commercial
   93         motor vehicle operator under specified conditions;
   94         amending s. 322.18, F.S.; providing that commercial
   95         driver licenses expire at midnight 8 years after the
   96         licensee’s birthday; amending s. 322.25, F.S.;
   97         requiring clerks of court to promptly report to the
   98         department each conviction for human trafficking,
   99         regardless of whether adjudication is withheld;
  100         amending s. 322.28, F.S.; requiring the court to
  101         permanently revoke the commercial driver license of a
  102         person under specified conditions; requiring the
  103         department to permanently revoke the driver license or
  104         driving privilege of the person if the court has not
  105         revoked such driver license or driving privilege
  106         within a specified timeframe; amending s. 322.61,
  107         F.S.; revising provisions for disqualification from
  108         operating a commercial motor vehicle; providing a
  109         penalty for any person who uses a commercial motor
  110         vehicle in the commission of a felony involving human
  111         trafficking; amending s. 322.34, F.S.; conforming a
  112         cross-reference; providing an effective date.
  113          
  114  Be It Enacted by the Legislature of the State of Florida:
  115  
  116         Section 1. Paragraph (b) of subsection (1) and subsection
  117  (9) of section 316.302, Florida Statutes, are amended to read:
  118         316.302 Commercial motor vehicles; safety regulations;
  119  transporters and shippers of hazardous materials; enforcement.—
  120         (1)
  121         (b) Except as otherwise provided in this section, all
  122  owners and or drivers of commercial motor vehicles that are
  123  engaged in intrastate commerce are subject to the rules and
  124  regulations contained in 49 C.F.R. parts 382, 383, 385, 386, and
  125  390-397, as such rules and regulations existed on December 31,
  126  2020 2018.
  127         (9) For the purpose of enforcing this section, any law
  128  enforcement officer of the Department of Highway Safety and
  129  Motor Vehicles or duly appointed agent who holds a current
  130  safety inspector certification from the Commercial Vehicle
  131  Safety Alliance may require the driver of any commercial vehicle
  132  operated on the highways of this state to stop and submit to an
  133  inspection of the vehicle or the driver’s records. If the
  134  vehicle or driver is found to be operating in an unsafe
  135  condition, or if any required part or equipment is not present
  136  or is not in proper repair or adjustment, and the continued
  137  operation would present an unduly hazardous operating condition,
  138  the officer may require the vehicle or the driver to be removed
  139  from service pursuant to the North American Standard Out-of
  140  Service Criteria, until corrected. However, if continuous
  141  operation would not present an unduly hazardous operating
  142  condition, the officer may give written notice requiring
  143  correction of the condition within 15 14 days.
  144         (a) Any member of the Florida Highway Patrol or any law
  145  enforcement officer employed by a sheriff’s office or municipal
  146  police department authorized to enforce the traffic laws of this
  147  state pursuant to s. 316.640 who has reason to believe that a
  148  vehicle or driver is operating in an unsafe condition may, as
  149  provided in subsection (11), enforce the provisions of this
  150  section.
  151         (b) Any person who fails to comply with an officer’s
  152  request to submit to an inspection under this subsection commits
  153  a violation of s. 843.02 if the person resists the officer
  154  without violence or a violation of s. 843.01 if the person
  155  resists the officer with violence.
  156         Section 2. Paragraph (a) of subsection (3) of section
  157  316.614, Florida Statutes, is amended to read:
  158         316.614 Safety belt usage.—
  159         (3) As used in this section:
  160         (a) “Motor vehicle” means a motor vehicle as defined in s.
  161  316.003 which is operated on the roadways, streets, and highways
  162  of this state or when stationary at a traffic control device.
  163  The term does not include:
  164         1. A school bus.
  165         2. A bus used for the transportation of persons for
  166  compensation.
  167         3. A farm tractor or implement of husbandry.
  168         4. A truck having a gross vehicle weight rating of more
  169  than 26,000 pounds.
  170         5. A motorcycle, a moped, a bicycle, or an electric
  171  bicycle.
  172         Section 3. Section 316.70, Florida Statutes, is amended to
  173  read:
  174         316.70 Nonpublic sector buses; safety rules.—
  175         (1) All owners and drivers of nonpublic sector buses
  176  operated on the public highways of this state are subject to the
  177  rules and regulations The Department of Transportation shall
  178  establish and revise standards to ensure the safe operation of
  179  nonpublic sector buses, which standards shall be those contained
  180  in 49 C.F.R. parts 382, 385, and 390-397 to ensure and which
  181  shall be directed toward ensuring that:
  182         (a) Nonpublic sector buses are safely maintained, equipped,
  183  and operated.
  184         (b) Nonpublic sector buses are carrying the insurance
  185  required by law and carrying liability insurance on the checked
  186  baggage of passengers not to exceed the standard adopted by the
  187  United States Department of Transportation.
  188         (c) Florida license tags are purchased for nonpublic sector
  189  buses pursuant to s. 320.38.
  190         (d) The driving records of drivers of nonpublic sector
  191  buses are checked by their employers at least once each year to
  192  ascertain whether the driver has a suspended or revoked driver
  193  license.
  194         (2) Department of Highway Safety and Motor Vehicles
  195  Transportation personnel may conduct compliance reviews for the
  196  purpose of determining compliance with this section. A civil
  197  penalty not to exceed $5,000 in the aggregate may be assessed
  198  against any person who violates any provision of this section or
  199  who violates any rule or order of the department found during a
  200  compliance review as provided in s. 316.3025. A of
  201  Transportation. A civil penalty not to exceed $25,000 in the
  202  aggregate may be assessed for violations found in a followup
  203  compliance review conducted within a 24-month period. A civil
  204  penalty not to exceed $25,000 in the aggregate may be assessed
  205  and the motor carrier may be enjoined from operation pursuant to
  206  s. 316.3026 for if violations found during a are found after a
  207  second followup compliance review within 12 months after the
  208  first followup compliance review. Motor carriers found to be
  209  operating without insurance coverage required by s. 627.742 or
  210  49 C.F.R. part 387 may be enjoined as provided in s. 316.3026.
  211         (3) For the purpose of enforcing this section, any law
  212  enforcement officer of the Department of Highway Safety and
  213  Motor Vehicles or a duly appointed agent of the department who
  214  holds a current safety inspector certification from the
  215  Commercial Vehicle Safety Alliance may require the driver of any
  216  nonpublic sector bus operated on the highways of this state to
  217  stop and submit to an inspection of the vehicle or the driver’s
  218  records. If the vehicle is being operated or the driver is
  219  operating the vehicle in an unsafe condition, or if any required
  220  part or equipment is not present or is not in proper repair or
  221  adjustment, and the continued operation would be unduly
  222  hazardous, the officer or agent may require the vehicle or the
  223  driver to be removed from service pursuant to the North American
  224  Standard Out-of-Service Criteria until all safety concerns are
  225  corrected. However, if continuous operation would not be unduly
  226  hazardous, the officer or agent may give written notice
  227  requiring correction of the condition within 15 days after the
  228  inspection.
  229         (4)(3) School buses subject to the provisions of chapter
  230  1006 or s. 316.615 are exempt from the provisions of this
  231  section.
  232         Section 4. Section 319.1414, Florida Statutes, is created
  233  to read:
  234         319.1414 Investigations; examinations; subpoenas; hearings;
  235  witnesses.—
  236         (1) The department may conduct investigations and
  237  examinations of department-authorized private rebuilt inspection
  238  providers as it deems necessary to determine whether a person is
  239  violating or has violated this chapter or a contract entered
  240  into pursuant to this chapter or to assist with the enforcement
  241  of this chapter.
  242         (2) For purposes of any investigation or examination
  243  conducted pursuant to this section, the department may exercise
  244  the power of subpoena and the powers to administer oaths or
  245  affirmations, to examine witnesses, to require affidavits, to
  246  take depositions, and to compel the attendance of witnesses and
  247  the production of books, papers, documents, records, and other
  248  evidence. A designated agent of the department may serve a
  249  subpoena relating to an investigation or examination.
  250         (3) If a person refuses to testify; produce books, papers,
  251  documents, or records; or otherwise obey a subpoena or subpoena
  252  duces tecum issued under subsection (2), the department may
  253  petition a court of competent jurisdiction in the county where
  254  the person’s residence or principal place of business is
  255  located, upon which the court must issue an order requiring such
  256  person to obey the subpoena or show cause for failing to obey
  257  the subpoena. Unless the person shows sufficient cause for
  258  failing to obey the subpoena, the court shall direct the person
  259  to obey the subpoena. Failure to comply with such order is
  260  contempt of court.
  261         (4) For the purpose of any investigation, examination, or
  262  proceeding initiated by the department under this chapter, the
  263  department may designate agents to serve subpoenas and other
  264  process and to administer oaths or affirmations.
  265         (5) The department may adopt rules to administer this
  266  section.
  267         Section 5. Section 319.25, Florida Statutes, is amended to
  268  read:
  269         319.25 Cancellation of certificates; investigations;
  270  subpoenas and other process; oaths; rules.—
  271         (1) If it appears that a certificate of title has been
  272  improperly issued, the department shall cancel the certificate.
  273  Upon cancellation of any certificate of title, the department
  274  shall notify the person to whom the certificate of title was
  275  issued, as well as any lienholders appearing thereon, of the
  276  cancellation and shall demand the surrender of the certificate
  277  of title, but the cancellation shall not affect the validity of
  278  any lien noted thereon. The holder of the certificate of title
  279  shall return it to the department forthwith. If a certificate of
  280  registration has been issued to the holder of a certificate of
  281  title so canceled, the department shall immediately cancel the
  282  certificate of registration and demand the return of such
  283  certificate of registration and license plate or mobile home
  284  sticker; and the holder of such certificate of registration and
  285  license plate or sticker shall return them to the department
  286  forthwith.
  287         (2) The department is authorized, upon application of any
  288  person and payment of the proper fees, to prepare and furnish
  289  lists containing title information in such form as the
  290  department may authorize, to search the records of the
  291  department and make reports thereof, and to make photographic
  292  copies of the department records and attestations thereof,
  293  except as provided in chapter 119.
  294         (3) The department may conduct investigations and
  295  examinations of any person suspected of violating or of having
  296  violated this chapter or any rule adopted or order issued under
  297  this chapter.
  298         (4) For purposes of any investigation or examination
  299  conducted pursuant to this section, the department may exercise
  300  the power of subpoena and the powers to administer oaths or
  301  affirmations, to examine witnesses, to require affidavits, to
  302  take depositions, and to compel the attendance of witnesses and
  303  the production of books, papers, documents, records, and other
  304  evidence. An authorized representative of the department may
  305  serve a subpoena relating to an investigation or examination.
  306         (5) If a person refuses to testify; produce books, papers,
  307  documents, or records; or otherwise obey the subpoena or
  308  subpoena duces tecum issued under subsection (4), the department
  309  may petition a court of competent jurisdiction in the county
  310  where the person’s residence or principal place of business is
  311  located, upon which the court must issue an order requiring such
  312  person to obey the subpoena or show cause for failing to obey
  313  the subpoena. Unless the person shows sufficient cause for
  314  failing to obey the subpoena, the court must direct the person
  315  to obey the subpoena. Failure to comply with such order is
  316  contempt of court.
  317         (6) For the purpose of any investigation, examination, or
  318  proceeding initiated by the department under this chapter, the
  319  department may designate agents to serve subpoenas and other
  320  process and to administer oaths or affirmations.
  321         (7) The department may adopt rules to administer this
  322  section.
  323         Section 6. Section 320.861, Florida Statutes, is amended to
  324  read:
  325         320.861 Investigations; subpoenas and other process; oaths;
  326  rules Inspection of records; production of evidence; subpoena
  327  power.—
  328         (1) The department may conduct investigations and
  329  examinations of any person whom the department reasonably
  330  suspects of violating or of having violated this chapter or any
  331  rule adopted or order issued under this chapter based on
  332  specific facts in a written complaint to the department, the
  333  department’s observations, or evidence in the department’s
  334  possession inspect the pertinent books, records, letters, and
  335  contracts of any licensee, whether dealer or manufacturer,
  336  relating to any written complaint made to it against such
  337  licensee.
  338         (2) For purposes of any investigation or examination
  339  conducted pursuant to this section, the department may is
  340  granted and authorized to exercise the power of subpoena and,
  341  after providing a reasonable opportunity for a person or the
  342  person’s employee or agent to consult with counsel, exercise the
  343  powers to administer oaths or affirmations, to examine
  344  witnesses, to require affidavits, to take depositions, and to
  345  compel the attendance of witnesses and the production of
  346  pertinent books, papers, documents, records, and other evidence
  347  relevant to the investigation or examination. A designated agent
  348  of the department may serve a subpoena relating to an
  349  investigation or examination for the attendance of witnesses and
  350  the production of any documentary evidence necessary to the
  351  disposition by it of any written complaint against any licensee,
  352  whether dealer or manufacturer.
  353         (3) If a person refuses to testify; to produce pertinent
  354  books, papers, documents, or records; or to otherwise obey the
  355  subpoena or subpoena duces tecum issued under subsection (2),
  356  the department may petition a court of competent jurisdiction in
  357  the county where the person’s residence or principal place of
  358  business is located, upon which the court may issue an order
  359  requiring such person to obey the subpoena or show cause for
  360  failing to obey the subpoena. If the court determines that the
  361  person has not shown sufficient cause for failing to obey the
  362  subpoena, the court may direct the person to obey the subpoena.
  363  The court may rule that failure to comply with such order
  364  constitutes contempt of court.
  365         (4) For the purpose of any investigation, examination, or
  366  proceeding initiated by the department under this chapter, the
  367  department may designate examiners or investigatory employees of
  368  the department or attorneys representing the department to serve
  369  subpoenas and other process and to administer oaths or
  370  affirmations. The department shall exercise this power on its
  371  own initiative in accordance with ss. 320.615 and 320.71.
  372         Section 7. Section 322.71, Florida Statutes, is created to
  373  read:
  374         322.71 Investigations; subpoenas and other process; oaths;
  375  rules.—
  376         (1) The department may conduct investigations and
  377  examinations of any person suspected of violating or of having
  378  violated any provision of this chapter or any rule adopted or
  379  order issued under this chapter.
  380         (2) For purposes of any investigation or examination
  381  conducted pursuant to this section, the department may exercise
  382  the power of subpoena and the powers to administer oaths or
  383  affirmations, to examine witnesses, to require affidavits, to
  384  take depositions, and to compel the attendance of witnesses and
  385  the production of books, papers, documents, records, and other
  386  evidence. Such subpoenas may be served by an authorized
  387  representative of the department.
  388         (3) If a person refuses to testify; to produce books,
  389  papers, documents, or records; or to otherwise obey the subpoena
  390  or subpoena duces tecum issued under subsection (2), the
  391  department may petition a court of competent jurisdiction in the
  392  county where the person’s residence or principal place of
  393  business is located, upon which the court must issue an order
  394  requiring such person to obey the subpoena or show cause for
  395  failing to obey the subpoena. Unless the person shows sufficient
  396  cause for failing to obey the subpoena, the court must direct
  397  the person to obey the subpoena. Failure to comply with such
  398  order constitutes contempt of court.
  399         (4) For the purpose of any investigation, examination, or
  400  proceeding initiated by the department under this chapter, the
  401  department may designate agents to serve subpoenas and other
  402  process and to administer oaths or affirmations.
  403         (5) The department may adopt rules to administer this
  404  section.
  405         Section 8. Subsection (4) of section 319.225, Florida
  406  Statutes, is amended to read:
  407         319.225 Transfer and reassignment forms; odometer
  408  disclosure statements.—
  409         (4) Upon transfer or reassignment of a certificate of title
  410  to a used motor vehicle, the transferor shall complete the
  411  odometer disclosure statement provided for by this section and
  412  the transferee shall acknowledge the disclosure by signing and
  413  printing his or her name in the spaces provided. This subsection
  414  does not apply to a vehicle that has a gross vehicle rating of
  415  more than 16,000 pounds, a vehicle that is not self-propelled,
  416  or a vehicle that is exempt from odometer disclosure. A vehicle
  417  with a model year of 2011 or newer is exempt from odometer
  418  disclosure after 20 years, and a vehicle with a model year of
  419  2010 or older is exempt from odometer disclosure after 10 years
  420  old or older. A lessor who transfers title to his or her vehicle
  421  without obtaining possession of the vehicle shall make odometer
  422  disclosure as provided by 49 C.F.R. s. 580.7. Any person who
  423  fails to complete or acknowledge a disclosure statement as
  424  required by this subsection is guilty of a misdemeanor of the
  425  second degree, punishable as provided in s. 775.082 or s.
  426  775.083. The department may not issue a certificate of title
  427  unless this subsection has been complied with.
  428         Section 9. Subsections (6) and (7) are added to section
  429  320.0715, Florida Statutes, to read:
  430         320.0715 International Registration Plan; motor carrier
  431  services; permits; retention of records.—
  432         (6) A motor carrier or vehicle owner whose registration has
  433  been suspended shall return his or her license plate to the
  434  department or surrender his or her license plates to law
  435  enforcement.
  436         (7)The department shall deny registration if:
  437         (a)The applicant fails to disclose material information
  438  required on the application;
  439         (b)The applicant has applied in an attempt to hide the
  440  disclosure of the real party in interest who has been issued a
  441  federal out-of-service order; or
  442         (c)The applicant’s business is operated, managed, or
  443  otherwise controlled by or affiliated with a person who is
  444  ineligible for registration, including the applicant entity, a
  445  relative, a family member, a corporate officer, or a
  446  shareholder.
  447         Section 10. Present subsections (25) through (47) of
  448  section 322.01, Florida Statutes, are redesignated as
  449  subsections (26) through (48), respectively, and a new
  450  subsection (25) is added to that section, to read:
  451         322.01 Definitions.—As used in this chapter:
  452         (25)Human trafficking” has the same meaning as provided
  453  in s. 787.06(2)(d).
  454         Section 11. Subsection (12) is added to section 322.05,
  455  Florida Statutes, to read:
  456         322.05 Persons not to be licensed.—The department may not
  457  issue a license:
  458         (12) To any person, as a commercial motor vehicle operator,
  459  who has been convicted of, or has entered a plea of guilty or
  460  nolo contendere to, regardless of whether adjudication was
  461  withheld, any felony involving human trafficking under state or
  462  federal law involving the use of a commercial motor vehicle.
  463         Section 12. Paragraph (f) is added to subsection (2) of
  464  section 322.18, Florida Statutes, to read:
  465         322.18 Original applications, licenses, and renewals;
  466  expiration of licenses; delinquent licenses.—
  467         (2) Each applicant who is entitled to the issuance of a
  468  driver license, as provided in this section, shall be issued a
  469  driver license, as follows:
  470         (f) Notwithstanding any other provision of this chapter, an
  471  applicant applying for an original issuance of a commercial
  472  driver license as defined in s. 322.01(7) shall be issued a
  473  driver license that expires at midnight 8 years after the
  474  licensee’s last birthday.
  475         Section 13. Subsection (7) is added to section 322.25,
  476  Florida Statutes, to read:
  477         322.25 When court to forward license to department and
  478  report convictions.—
  479         (7) Each clerk of court shall promptly report to the
  480  department each conviction, regardless of whether adjudication
  481  was withheld, for human trafficking which involves the use of a
  482  commercial motor vehicle.
  483         Section 14. Subsection (8) is added to section 322.28,
  484  Florida Statutes, to read:
  485         322.28 Period of suspension or revocation.—
  486         (8) The court shall permanently revoke the commercial
  487  driver license of a person who is convicted of, or has entered a
  488  plea of guilty or nolo contendere to, regardless of whether
  489  adjudication is withheld, any felony involving human trafficking
  490  under state or federal law which involves the use of a
  491  commercial motor vehicle. If the court has not permanently
  492  revoked such driver license or driving privilege within 30 days
  493  after imposing a sentence, the department must permanently
  494  revoke the driver license or driving privilege pursuant to this
  495  section.
  496         Section 15. Section 322.61, Florida Statutes, is amended to
  497  read:
  498         322.61 Disqualification from operating a commercial motor
  499  vehicle.—
  500         (1) A person who, for offenses occurring within a 3-year
  501  period, is convicted of two of the following serious traffic
  502  violations or any combination thereof, arising in separate
  503  incidents committed in a commercial motor vehicle shall, in
  504  addition to any other applicable penalties, be disqualified from
  505  operating a commercial motor vehicle for a period of 60 days. A
  506  holder of a commercial driver license or commercial learner’s
  507  permit who, for offenses occurring within a 3-year period, is
  508  convicted of two of the following serious traffic violations, or
  509  any combination thereof, arising in separate incidents committed
  510  in a noncommercial motor vehicle shall, in addition to any other
  511  applicable penalties, be disqualified from operating a
  512  commercial motor vehicle for a period of 60 days if such
  513  convictions result in the suspension, revocation, or
  514  cancellation of the licenseholder’s driving privilege:
  515         (a) A violation of any state or local law relating to motor
  516  vehicle traffic control, other than a parking violation, arising
  517  in connection with a crash resulting in death;
  518         (b) Reckless driving, as defined in s. 316.192;
  519         (c) Unlawful speed of 15 miles per hour or more above the
  520  posted speed limit;
  521         (d) Improper lane change, as defined in s. 316.085;
  522         (e) Following too closely, as defined in s. 316.0895;
  523         (f) Driving a commercial vehicle without obtaining a
  524  commercial driver license;
  525         (g) Driving a commercial vehicle without the proper class
  526  of commercial driver license or commercial learner’s permit or
  527  without the proper endorsement; or
  528         (h) Driving a commercial vehicle without a commercial
  529  driver license or commercial learner’s permit in possession, as
  530  required by s. 322.03;.
  531         (i)Texting while driving; or
  532         (j)Using a handheld mobile telephone while driving.
  533         (2)(a) Any person who, for offenses occurring within a 3
  534  year period, is convicted of three serious traffic violations
  535  specified in subsection (1) or any combination thereof, arising
  536  in separate incidents committed in a commercial motor vehicle
  537  shall, in addition to any other applicable penalties, including
  538  but not limited to the penalty provided in subsection (1), be
  539  disqualified from operating a commercial motor vehicle for a
  540  period of 120 days.
  541         (b) A holder of a commercial driver license or commercial
  542  learner’s permit who, for offenses occurring within a 3-year
  543  period, is convicted of three serious traffic violations
  544  specified in subsection (1) or any combination thereof arising
  545  in separate incidents committed in a noncommercial motor vehicle
  546  shall, in addition to any other applicable penalties, including,
  547  but not limited to, the penalty provided in subsection (1), be
  548  disqualified from operating a commercial motor vehicle for a
  549  period of 120 days if such convictions result in the suspension,
  550  revocation, or cancellation of the licenseholder’s driving
  551  privilege.
  552         (3)(a) Except as provided in subsection (4), any person who
  553  is convicted of one of the offenses listed in paragraph (b)
  554  while operating a commercial motor vehicle shall, in addition to
  555  any other applicable penalties, be disqualified from operating a
  556  commercial motor vehicle for a period of 1 year.
  557         (b) Except as provided in subsection (4), any holder of a
  558  commercial driver license or commercial learner’s permit who is
  559  convicted of one of the offenses listed in this paragraph while
  560  operating a noncommercial motor vehicle shall, in addition to
  561  any other applicable penalties, be disqualified from operating a
  562  commercial motor vehicle for a period of 1 year:
  563         1. Driving a motor vehicle while he or she is under the
  564  influence of alcohol or a controlled substance;
  565         2. Driving a commercial motor vehicle while the alcohol
  566  concentration of his or her blood, breath, or urine is .04
  567  percent or higher;
  568         3. Leaving the scene of a crash involving a motor vehicle
  569  driven by such person;
  570         4. Using a motor vehicle in the commission of a felony;
  571         5. Refusing to submit to a test to determine his or her
  572  alcohol concentration while driving a motor vehicle;
  573         6. Driving a commercial motor vehicle when, as a result of
  574  prior violations committed operating a commercial motor vehicle,
  575  his or her commercial driver license or commercial learner’s
  576  permit is revoked, suspended, or canceled, or he or she is
  577  disqualified from operating a commercial motor vehicle; or
  578         7. Causing a fatality through the negligent operation of a
  579  commercial motor vehicle.
  580         (4) Any person who is transporting hazardous materials as
  581  defined in s. 322.01(24) shall, upon conviction of an offense
  582  specified in subsection (3), be disqualified from operating a
  583  commercial motor vehicle for a period of 3 years. The penalty
  584  provided in this subsection shall be in addition to any other
  585  applicable penalty.
  586         (5) A person who is convicted of two violations specified
  587  in subsection (3) which were committed while operating a
  588  commercial motor vehicle, or any combination thereof, arising in
  589  separate incidents shall be permanently disqualified from
  590  operating a commercial motor vehicle. A holder of a commercial
  591  driver license or commercial learner’s permit who is convicted
  592  of two violations specified in subsection (3) which were
  593  committed while operating any motor vehicle arising in separate
  594  incidents shall be permanently disqualified from operating a
  595  commercial motor vehicle. The penalty provided in this
  596  subsection is in addition to any other applicable penalty.
  597         (6) Notwithstanding subsections (3), (4), and (5), any
  598  person who uses a commercial motor vehicle in the commission of
  599  any felony involving the manufacture, distribution, or
  600  dispensing of a controlled substance, including possession with
  601  intent to manufacture, distribute, or dispense a controlled
  602  substance, shall, upon conviction of such felony, be permanently
  603  disqualified from operating a commercial motor vehicle.
  604  Notwithstanding subsections (3), (4), and (5), any holder of a
  605  commercial driver license or commercial learner’s permit who
  606  uses a noncommercial motor vehicle in the commission of any
  607  felony involving the manufacture, distribution, or dispensing of
  608  a controlled substance, including possession with intent to
  609  manufacture, distribute, or dispense a controlled substance,
  610  shall, upon conviction of such felony, be permanently
  611  disqualified from operating a commercial motor vehicle. The
  612  penalty provided in this subsection is in addition to any other
  613  applicable penalty.
  614         (7)Any person who uses a commercial motor vehicle in the
  615  commission of any felony involving human trafficking under state
  616  or federal law shall, upon conviction of, or plea of guilty or
  617  nolo contendere to, regardless of whether adjudication is
  618  withheld, such felony, be permanently disqualified from
  619  operating a commercial motor vehicle. The penalty provided in
  620  this subsection is in addition to any other applicable penalty.
  621         (8)(7) A person whose privilege to operate a commercial
  622  motor vehicle is disqualified under this section may, if
  623  otherwise qualified, be issued a Class E driver license,
  624  pursuant to s. 322.251.
  625         (9)(8) A driver who is convicted of or otherwise found to
  626  have committed a violation of an out-of-service order while
  627  driving a commercial motor vehicle is disqualified as follows:
  628         (a) At least 180 days but not more than 1 year if the
  629  driver is convicted of or otherwise found to have committed a
  630  first violation of an out-of-service order.
  631         (b) At least 2 years but not more than 5 years if, for
  632  offenses occurring during any 10-year period, the driver is
  633  convicted of or otherwise found to have committed two violations
  634  of out-of-service orders in separate incidents.
  635         (c) At least 3 years but not more than 5 years if, for
  636  offenses occurring during any 10-year period, the driver is
  637  convicted of or otherwise found to have committed three or more
  638  violations of out-of-service orders in separate incidents.
  639         (d) At least 180 days but not more than 2 years if the
  640  driver is convicted of or otherwise found to have committed a
  641  first violation of an out-of-service order while transporting
  642  hazardous materials required to be placarded under the Hazardous
  643  Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or
  644  while operating motor vehicles designed to transport more than
  645  15 passengers, including the driver. A driver is disqualified
  646  for a period of at least 3 years but not more than 5 years if,
  647  for offenses occurring during any 10-year period, the driver is
  648  convicted of or otherwise found to have committed any subsequent
  649  violations of out-of-service orders, in separate incidents,
  650  while transporting hazardous materials required to be placarded
  651  under the Hazardous Materials Transportation Act, 49 U.S.C. ss.
  652  5101 et seq., or while operating motor vehicles designed to
  653  transport more than 15 passengers, including the driver.
  654         (10)(9) A driver who is convicted of or otherwise found to
  655  have committed an offense of operating a commercial motor
  656  vehicle in violation of federal, state, or local law or
  657  regulation pertaining to one of the following six offenses at a
  658  railroad-highway grade crossing must be disqualified for the
  659  period of time specified in subsection (11) (10):
  660         (a) For drivers who are not always required to stop,
  661  failing to slow down and check that the tracks are clear of
  662  approaching trains.
  663         (b) For drivers who are not always required to stop,
  664  failing to stop before reaching the crossing if the tracks are
  665  not clear.
  666         (c) For drivers who are always required to stop, failing to
  667  stop before driving onto the crossing.
  668         (d) For all drivers, failing to have sufficient space to
  669  drive completely through the crossing without stopping.
  670         (e) For all drivers, failing to obey a traffic control
  671  device or all directions of an enforcement official at the
  672  crossing.
  673         (f) For all drivers, failing to negotiate a crossing
  674  because of insufficient undercarriage clearance.
  675         (11)(a)(10)(a) A driver must be disqualified for at least
  676  60 days if the driver is convicted of or otherwise found to have
  677  committed a first violation of a railroad-highway grade crossing
  678  violation.
  679         (b) A driver must be disqualified for at least 120 days if,
  680  for offenses occurring during any 3-year period, the driver is
  681  convicted of or otherwise found to have committed a second
  682  railroad-highway grade crossing violation in separate incidents.
  683         (c) A driver must be disqualified for at least 1 year if,
  684  for offenses occurring during any 3-year period, the driver is
  685  convicted of or otherwise found to have committed a third or
  686  subsequent railroad-highway grade crossing violation in separate
  687  incidents.
  688         Section 16. Subsection (2) of section 322.34, Florida
  689  Statutes, is amended to read:
  690         322.34 Driving while license suspended, revoked, canceled,
  691  or disqualified.—
  692         (2) Any person whose driver license or driving privilege
  693  has been canceled, suspended, or revoked as provided by law, or
  694  who does not have a driver license or driving privilege but is
  695  under suspension or revocation equivalent status as defined in
  696  s. 322.01(42) s. 322.01(41), except persons defined in s.
  697  322.264, who, knowing of such cancellation, suspension,
  698  revocation, or suspension or revocation equivalent status,
  699  drives any motor vehicle upon the highways of this state while
  700  such license or privilege is canceled, suspended, or revoked, or
  701  while under suspension or revocation equivalent status, commits:
  702         (a) A misdemeanor of the second degree, punishable as
  703  provided in s. 775.082 or s. 775.083.
  704         (b)1. A misdemeanor of the first degree, punishable as
  705  provided in s. 775.082 or s. 775.083, upon a second or
  706  subsequent conviction, except as provided in paragraph (c).
  707         2. A person convicted of a third or subsequent conviction,
  708  except as provided in paragraph (c), must serve a minimum of 10
  709  days in jail.
  710         (c) A felony of the third degree, punishable as provided in
  711  s. 775.082, s. 775.083, or s. 775.084, upon a third or
  712  subsequent conviction if the current violation of this section
  713  or the most recent prior violation of the section is related to
  714  driving while license canceled, suspended, revoked, or
  715  suspension or revocation equivalent status resulting from a
  716  violation of:
  717         1. Driving under the influence;
  718         2. Refusal to submit to a urine, breath-alcohol, or blood
  719  alcohol test;
  720         3. A traffic offense causing death or serious bodily
  721  injury; or
  722         4. Fleeing or eluding.
  723  
  724  The element of knowledge is satisfied if the person has been
  725  previously cited as provided in subsection (1); or the person
  726  admits to knowledge of the cancellation, suspension, or
  727  revocation, or suspension or revocation equivalent status; or
  728  the person received notice as provided in subsection (4). There
  729  shall be a rebuttable presumption that the knowledge requirement
  730  is satisfied if a judgment or order as provided in subsection
  731  (4) appears in the department’s records for any case except for
  732  one involving a suspension by the department for failure to pay
  733  a traffic fine or for a financial responsibility violation.
  734         Section 17. This act shall take effect July 1, 2021.

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