The Florida Senate

316.3025  Penalties.--

(1)  A commercial motor vehicle that is found to be operating in such an unsafe condition as to be declared out-of-service or a driver declared out-of-service or removed from driving status pursuant to the North American Uniform Out-of-Service Criteria must be repaired or returned to driving status before being returned to service.

(2)  Any person who owns, operates, or causes or permits a commercial motor vehicle that has been declared out-of-service pursuant to the North American Uniform Out-of-Service Criteria to be driven before the completion of required repairs is subject to the imposition of a penalty as provided in 49 C.F.R. s. 383.53, in addition to any other penalties imposed against him or her. Any person who operates a commercial motor vehicle while he or she is declared out-of-service or removed from driving status pursuant to the North American Uniform Out-of-Service Criteria, or who causes or permits such out-of-service driver to operate a commercial motor vehicle, is subject to the imposition of a penalty as provided in 49 C.F.R. s. 383.53, in addition to any other penalties imposed against the person.

(3)(a)  A civil penalty of $50 may be assessed for a violation of s. 316.3027.

(b)  A civil penalty of $100 may be assessed for:

1.  Each violation of the North American Uniform Driver Out-of-Service Criteria;

2.  A violation of s. 316.302(2)(b) or (c); or

3.  A violation of 49 C.F.R. s. 392.60.

(c)  A civil penalty of $250 may be assessed for:

1.  A violation of the placarding requirements of 49 C.F.R. parts 171-179;

2.  A violation of the shipping paper requirements of 49 C.F.R. parts 171-179;

3.  A violation of 49 C.F.R. s. 392.10;

4.  A violation of 49 C.F.R. s. 397.5;

5.  A violation of 49 C.F.R. s. 397.7;

6.  A violation of 49 C.F.R. s. 397.13; or

7.  A violation of 49 C.F.R. s. 397.15.

(d)  A civil penalty of $500 may be assessed for each violation of the North American Uniform Hazardous Materials Out-of-Service Criteria.

(e)  A civil penalty not to exceed $5,000 in the aggregate may be assessed for violations found in the conduct of terminal audits pursuant to s. 316.302(5).

(4)  Whenever any person or motor carrier as defined in chapter 320 violates the provisions of this section and becomes indebted to the state because of such violation and refuses to pay the appropriate penalty, the penalty becomes a lien upon the property including the motor vehicles of such person or motor carrier and may be foreclosed by the state in a civil action in any court of this state. It shall be presumed that the owner of the motor vehicle is liable for the sum, and the vehicle may be detained or impounded until the penalty is paid.

(5)(a)  Any officer or agent collecting the penalties imposed pursuant to this section shall give to the owner, motor carrier, or driver of the vehicle an official receipt for all penalties collected from him or her. Only an officer or agent of the Department of Transportation is authorized to collect the penalty provided by this section. Such officer or agent shall cooperate with the owner or driver of the motor vehicle so as not to unduly delay the vehicle.

(b)  All penalties imposed and collected under this section by any state agency having jurisdiction shall be paid to the Treasurer, who shall credit the total amount collected to the State Transportation Trust Fund for use in repairing and maintaining the roads of this state.

(6)  Any person aggrieved by the imposition of a civil penalty pursuant to this section may apply to the Commercial Motor Vehicle Review Board for a modification, cancellation, or revocation of the penalty. The Commercial Motor Vehicle Review Board may modify, cancel, revoke, or sustain such penalty.

History.--s. 3, ch. 87-270; s. 2, ch. 88-306; s. 62, ch. 89-282; s. 25, ch. 90-227; s. 326, ch. 95-148; s. 3, ch. 95-247; s. 216, ch. 99-248; s. 12, ch. 99-385.