HB 1205 2003
1	A bill to be entitled
2	An act relating to truck safety; amending s. 316.302,
3	F.S.; revising references; specifying ownership
4	identification requirements for certain commercial motor
5	carriers; providing penalties; deleting obsolete
6	references; amending s. 316.3025, F.S.; correcting
7	references; revising penalty provisions for specified
8	violations; providing penalties for specified
9	noncompliance; amending s. 316.3026, F.S.; providing the
10	Office of Motor Carrier Compliance authority to issue out-
11	of-service orders to certain commercial motor carriers;
12	providing procedures; providing penalties for failure to
13	comply; amending s. 316.515, F.S.; revising truck length
14	limitations for described semitrailers under specified
15	circumstances; amending s. 316.545, F.S.; providing that
16	certain penalties shall be a lien on the vehicle; adding a
17	cross reference; deleting specified receipt requirement;
18	authorizing weight inspectors to detain described vehicles
19	under specified circumstances; authorizing said inspectors
20	to contact a law enforcement officer; amending s. 316.640,
21	F.S.; revising provisions relating to law enforcement
22	authority; repealing s. 316.3027, F.S., relating to
23	identification required on commercial motor vehicles;
24	repealing s. 316.610(3), F.S., relating to inspection of
25	vehicles; amending s. 316.1937, F.S.; correcting a cross
26	reference; providing an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1. Paragraph (b) of subsection (1), paragraph (e)
31	of subsection (2), and subsection (5) of section 316.302,
32	Florida Statutes, are amended to read:
33	316.302 Commercial motor vehicles; safety regulations;
34	transporters and shippers of hazardous materials; enforcement.--
35	(1)
36	(b) Except as otherwise provided in this section, all
37	owners or drivers of commercial motor vehicles that are engaged
38	in intrastate commerce are subject to the rules and regulations
39	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
40	exception of 49 C.F.R. s. 390.5 as it relates to the definition
41	of bus, as such rules and regulations existed on October 1, 2002
42	2001.
43	(2)
44	(e) A person who operates a commercial motor vehicle solely
45	in intrastate commerce is exempt from subsection (1) while
46	transporting agricultural products, including horticultural or
47	forestry products, from farm or harvest place to the first place
48	of processing or storage, or from farm or harvest place directly
49	to market. However, such person must comply with 49 C.F.R. parts
50	382, 392, and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
51	A vehicle or combination of vehicles operated pursuant to this
52	paragraph that has a gross vehicle weight of 26,001 pounds or
53	more or has three or more axles on the power unit regardless of
54	weight must display the name of the vehicle owner or motor
55	carrier and the city or town where the vehicle is based on each
56	side of the power unit in letters that contrast with the
57	background and are readable from a distance of 50 feet. A
58	violation of this vehicle identification requirement may be
59	assessed a penalty as provided in s. 316.3025(3)(a).
60	(5) The Department of Transportation may adopt and revise
61	rules to assure the safe operation of commercial motor vehicles.
62	The Department of Transportation may enter into cooperative
63	agreements as provided in 49 C.F.R. part 388. Department of
64	Transportation personnel may conduct motor carrier and shipper
65	compliance reviewsterminal audits onlyfor the purpose of
66	determining compliance with this section49 C.F.R. parts 171,
67	172, 173, 177, 178, 180, 382, 391, 393, 396, and 397; 49 C.F.R.
68	s. 395.1(e)(5);and s. 627.7415.
69	Section 2. Section 316.3025, Florida Statutes, is amended
70	to read:
71	316.3025 Penalties.--
72	(1) A commercial motor vehicle that is found to be
73	operating in such an unsafe condition as to be declared out-of-
74	service or a driver declared out-of-service or removed from
75	driving status pursuant to the North American StandardUniform
76	Out-of-Service Criteria must be repaired or returned to driving
77	status before being returned to service.
78	(2) Any person who owns, operates, or causes or permits a
79	commercial motor vehicle that has been declared out-of-service
80	pursuant to the North American StandardUniformOut-of-Service
81	Criteria to be driven before the completion of required repairs
82	is subject to the imposition of a penalty as provided in 49
83	C.F.R. s. 383.53, in addition to any other penalties imposed
84	against him or her. Any person who operates a commercial motor
85	vehicle while he or she is declared out-of-service or removed
86	from driving status pursuant to the North American Standard
87	UniformOut-of-Service Criteria, or who causes or permits such
88	out-of-service driver to operate a commercial motor vehicle, is
89	subject to the imposition of a penalty as provided in 49 C.F.R.
90	s. 383.53, in addition to any other penalties imposed against
91	the person.
92	(3)(a) A civil penalty of $50 may be assessed for a
93	violation of the identification requirementsof 49 C.F.R. s.
94	390.21 or s. 316.302(2)(e).
95	(b) A civil penalty of $100 may be assessed for:
96	1. Each violation of the North American Uniform Driver
97	Out-of-Service Criteria;
98	2. A violation of s. 316.302(2)(b) or (c); or
99	3. A violation of 49 C.F.R. s. 392.60; or
100	4. Each vehicle declared out-of-service pursuant to the
101	North American Standard Vehicle Out-of-Service Criteria.
102	(c) A civil penalty of $250 may be assessed for:
103	1. A violation of the placarding requirements of 49
104	C.F.R. parts 171-179;
105	2. A violation of the shipping paper requirements of 49
106	C.F.R. parts 171-179;
107	3. A violation of 49 C.F.R. s. 392.10;
108	4. A violation of 49 C.F.R. s. 397.5;
109	5. A violation of 49 C.F.R. s. 397.7;
110	6. A violation of 49 C.F.R. s. 397.13; or
111	7. A violation of 49 C.F.R. s. 397.15.
112	(d) A civil penalty of $500 may be assessed for:
113	1. Each violation of the North American Standard Hazardous
114	Materials Out-of-Service Criteria.
115	2. Each violation of 49 C.F.R. s. 390.19, for failure of
116	an interstate or intrastate motor carrier to register.
117	3. Each violation of 49 C.F.R. s. 392.9a, for failure of
118	an interstate motor carrier to obtain operating authority.
119	4. Each violation of 49 C.F.R. s. 392.9a, for operating
120	beyond the scope of an interstate motor carrier’s operating
121	authorityeach violation of the North American Uniform Hazardous
122	Materials Out-of-Service Criteria.
123	(e) A civil penalty not to exceed $5,000 in the aggregate
124	may be assessed for violations found in the conduct of
125	compliance reviewsterminal audits pursuant to s. 316.302(5). A
126	civil penalty not to exceed $25,000 in the aggregate may be
127	assessed for violations found in a followup compliance review
128	conducted within a 24-month period. A civil penalty not to
129	exceed $25,000 in the aggregate may be assessed and the motor
130	carrier may be enjoined pursuant to s. 316.3026 for violations
131	found after a second followup compliance review is conducted
132	within 12 months of the first followup compliance review. Motor
133	carriers found to be operating without insurance required by s.
134	627.7415 may be enjoined as provided in s. 316.3026.
135	(4) A vehicle operated by an interstate motor carrier
136	found to be in violation of 49 C.F.R. s. 392.9a may be placed
137	out-of-service for the carrier’s failure to obtain operating
138	authority or operating beyond the scope of its operating
139	authority.
140	(5)(4)Whenever any person or motor carrier as defined in
141	chapter 320 violates the provisions of this section and becomes
142	indebted to the state because of such violation and refuses to
143	pay the appropriate penalty, in addition to the provisions of s.
144	316.3026, suchthepenalty becomes a lien upon the property
145	including the motor vehicles of such person or motor carrier and
146	may be foreclosed by the state in a civil action in any court of
147	this state. It shall be presumed that the owner of the motor
148	vehicle is liable for the sum, and the vehicle may be detained
149	or impounded until the penalty is paid.
150	(6)(a)(5)(a)Any officer or agent collecting the penalties
151	imposed pursuant to this section shall give to the owner, motor
152	carrier, or driver of the vehicle an official receipt for all
153	penalties collected from him or her.Only an officer or agent of
154	the Department of Transportation is authorized to collect the
155	penalty provided by this section. Such officer or agent shall
156	cooperate with the owner or driver of the motor vehicle so as
157	not to unduly delay the vehicle.
158	(b) All penalties imposed and collected under this section
159	by any state agency having jurisdictionshall be paid to the
160	Treasurer, who shall credit the total amount collected to the
161	State Transportation Trust Fund for use in repairing and
162	maintaining the roads of this state.
163	(7)(6)Any person aggrieved by the imposition of a civil
164	penalty pursuant to this section may apply to the Commercial
165	Motor Vehicle Review Board for a modification, cancellation, or
166	revocation of the penalty. The Commercial Motor Vehicle Review
167	Board may modify, cancel, revoke, or sustain such penalty.
168	Section 3. Section 316.3026, Florida Statutes, is amended
169	to read:
170	316.3026 Unlawful operation of motor carriersmay be
171	enjoined.--
172	(1) The Office of Motor Carrier Compliance within the
173	Department of Transportation may issue out-of-service orders to
174	motor carriers as defined in s. 320.01(33) who have, after
175	proper notice, failed to pay any penalty or fine assessed by the
176	department or its duly appointed agent against any owner or
177	motor carrier for violations of law, for the refusal to submit
178	to a compliance review and provide records pursuant to s.
179	316.302(5) or s. 316.70, or for being in violation of safety
180	regulations pursuant to s. 316.302 or insurance requirements
181	pursuant to s. 627.7415. Such out-of-service orders shall have
182	the effect of prohibiting the operations of any motor vehicles
183	owned, leased, or otherwise operated by the motor carrier upon
184	the roadways of this state, until such time as the violations
185	have been corrected and any penalties have been paid. Out-of-
186	service orders issued under this section must be approved by the
187	director of the Office of Motor Carrier Compliance, or his or
188	her designee. An administrative hearing pursuant to s. 120.569
189	shall be afforded to motor carriers subject to such orders.
190	(2) Any motor carrier enjoined or prohibited from
191	operating by an out-of-service order by this state, any other
192	state, or the Federal Motor Carrier Safety Administration is
193	prohibited from operating on the roadways of this state until
194	such time as the motor carrier has been authorized to resume
195	operations by the originating enforcement jurisdiction.
196	Commercial motor vehicles owned or operated by any motor carrier
197	prohibited from operation found on the roadways of this state
198	shall be placed out of service by law enforcement officers of
199	the Department of Transportation, and the motor carrier shall be
200	assessed a $10,000 civil penalty pursuant to 49 C.F.R. s.
201	383.53, in addition to any other penalties imposed on the driver
202	or other responsible person. Any person who knowingly drives,
203	operates, or causes to be operated any commercial motor vehicle
204	in violation of an out-of-service order issued by the department
205	in accordance with this section commits a felony of the third
206	degree, punishable as provided in s. 775.082(3)(d). Any costs
207	associated with the impoundment or storage of such vehicles are
208	the responsibility of the motor carrier. Vehicle out-of-service
209	orders may be rescinded when the department has received proof
210	of authorization for the motor carrier to resume operation.
211	(3) In addition to the sanctions found in subsections (1)
212	and (2), the Department of Transportation may petition the
213	circuit courts of this state to enjoin any motor carrier from
214	operating when it fails to comply with out-of-service orders
215	issued by a competent authority within or outside of this state
216	Any motor carrier which operates a commercial motor vehicle upon
217	the highways of this state in violation of the provisions of
218	this chapter may be enjoined by the courts of this state from
219	any such violation. Such injunctive proceeding may be instituted
220	by the Department of Transportation.
221	Section 4. Paragraph (b) of subsection (3) of section
222	316.515, Florida Statutes, is amended to read:
223	316.515 Maximum width, height, length.--
224	(3) LENGTH LIMITATION.--
225	(b) Semitrailers.--
226	1. A semitrailer operating in a truck tractor-semitrailer
227	combination may not exceed 48 feet in extreme overall outside
228	dimension, measured from the front of the unit to the rear of the
229	unit and the load carried thereon, exclusive of safety and energy
230	conservation devices approved by the department for use on
231	vehicles using public roads, unless it complies with subparagraph
232	2. A semitrailer which exceeds 48 feet in length and is used to
233	transport divisible loads may operate in this state only if
234	issued a permit under s. 316.550 and if such trailer meets the
235	requirements of this chapter relating to vehicle equipment and
236	safety. Except for highways on the tandem trailer truck highway
237	network, public roads deemed unsafe for longer semitrailer
238	vehicles or those roads on which such longer vehicles are
239	determined not to be in the interest of public convenience shall,
240	in conformance with s. 316.006, be restricted by the Department
241	of Transportation or by the local authority to use by
242	semitrailers not exceeding a length of 48 feet, inclusive of the
243	load carried thereon but exclusive of safety and energy
244	conservation devices approved by the department for use on
245	vehicles using public roads. Truck tractor-semitrailer
246	combinations shall be afforded reasonable access to terminals;
247	facilities for food, fuel, repairs, and rest; and points of
248	loading and unloading.
249	2. A semitrailer which is more than 48 feet but not more
250	than 53 feet in extreme overall outside dimension, as measured
251	pursuant to subparagraph 1., may operate on public roads, except
252	roads on the State Highway System which are restricted by the
253	Department of Transportation or other roads restricted by local
254	authorities, if:
255	a. The distance between the kingpin or other peg which
256	locks into the fifth wheel of a truck tractor and the center of
257	the rear axle or rear group of axles does not exceed 41 feet or,
258	in the case of a semitrailer used exclusively or primarily to
259	transport vehicles in connection with motorsports competition
260	events, the distance does not exceed 46 feet from the kingpin to
261	the center of the rear axles; and
262	b. It is equipped with a substantial rear-end underride
263	protection device meeting the requirements of 49 C.F.R. s.
264	393.86, "Rear End Protection."
265	Section 5. Subsections (5), (6), and (10) of section
266	316.545, Florida Statutes, are amended to read:
267	316.545 Weight and load unlawful; special fuel and motor
268	fuel tax enforcement; inspection; penalty; review.--
269	(5) Whenever any person violates the provisions of this
270	chapter and becomes indebted to the state because of such
271	violation in the amounts aforesaid and refuses to pay said
272	penalty, in addition to the provisions of s. 316.3026,such
273	penalty shall become a lien upon the motor vehicle, and the same
274	may be foreclosed by the state in a court of equity. It shall be
275	presumed that the owner of the motor vehicle is liable for the
276	sum. Any person, firm, or corporation claiming an interest in the
277	seized motor vehicle may, at any time after the lien of the state
278	attaches to the motor vehicle, obtain possession of the seized
279	vehicle by filing a good and sufficient forthcoming bond with the
280	officer having possession of the vehicle, payable to the Governor
281	of the state in twice the amount of the state's lien, with a
282	corporate surety duly authorized to transact business in this
283	state as surety, conditioned to have the motor vehicle or
284	combination of vehicles forthcoming to abide the result of any
285	suit for the foreclosure of such lien. It shall be presumed that
286	the owner of the motor vehicle is liable for the penalty imposed
287	under this section. Upon the posting of such bond with the
288	officer making the seizure, the vehicle shall be released and the
289	bond shall be forwarded to the Department of Transportation for
290	safekeeping. The lien of the state against the motor vehicle
291	aforesaid shall be foreclosed in equity, and the ordinary rules
292	of court relative to proceedings in equity shall control. If it
293	appears that the seized vehicle has been released to the
294	defendant upon his or her forthcoming bond, the state shall take
295	judgment of foreclosure against the property itself, and judgment
296	against the defendant and the sureties on the bond for the amount
297	of the lien, including cost of proceedings. After the rendition
298	of the decree, the state may, at its option, proceed to sue out
299	execution against the defendant and his or her sureties for the
300	amount recovered as aforesaid or direct the sale of the vehicle
301	under foreclosure.
302	(6) Any officer or agent collecting the penalties herein
303	imposed shall give to the owner or driver of the vehicle an
304	official receipt for all penalties collected. Such officers or
305	agents of the state departments shallcooperate with the owners
306	or drivers of motor vehicles so as not to delay unduly the
307	vehicles. All penalties imposed and collected under this section
308	by any state agency having jurisdiction shall be paid to the
309	Treasurer, who shall credit the total amount thereof to the State
310	Transportation Trust Fund, which shall be used to repair and
311	maintain the roads of this state and to enforce this section.
312	(10) The Department of Transportation may employ weight
313	inspectors to operate its fixed-scale facilities. Weight
314	inspectors on duty at a fixed-scale facility are authorized to
315	enforce the laws governing commercial motor vehicle weight,
316	registration, size, and load and to assess and collect civil
317	penalties for violations of said laws. A weight inspector may
318	detain a commercial motor vehicle that has an obvious safety
319	defect critical to the continued safe operation of the vehicle,
320	or which is operating in violation of an out-of-service order as
321	reported on the Federal Safety and Fitness Electronic Records
322	database. The weight inspector may immediately summon a law
323	enforcement officer of the Department of Transportation, or
324	another law enforcement officer authorized under s. 316.640 to
325	enforce the traffic laws of this state, to take appropriate
326	enforcement action. The vehicle shall be released if the defect
327	is repaired prior to the arrival of a law enforcement officer.
328	Weight inspectors shall not be classified as law enforcement
329	officers subject to certification requirements of chapter 943,
330	and are not authorized to carry weapons or make arrests. Any
331	person who obstructs, opposes, or resists a weight inspector in
332	the performance of the duties herein prescribed shall be guilty
333	of an offense as described in subsection (1) for obstructing,
334	opposing, or resisting a law enforcement officer.
335	Section 6. Paragraph (a) of subsection (1) of section
336	316.640, Florida Statutes, is amended to read:
337	316.640 Enforcement.--The enforcement of the traffic laws
338	of this state is vested as follows:
339	(1) STATE.--
340	(a)1.a. The Division of Florida Highway Patrol of the
341	Department of Highway Safety and Motor Vehicles, the Division of
342	Law Enforcement of the Fish and Wildlife Conservation
343	Commission, the Division of Law Enforcement of the Department of
344	Environmental Protection, and law enforcement officers of the
345	Department of Transportation each have authority to enforce all
346	of the traffic laws of this state on all the streets and
347	highways thereof and elsewhere throughout the state wherever the
348	public has a right to travel by motor vehicle. The Division of
349	the Florida Highway Patrol may employ as a traffic accident
350	investigation officer any individual who successfully completes
351	instruction in traffic accident investigation and court
352	presentation through the Selective Traffic Enforcement Program
353	as approved by the Criminal Justice Standards and Training
354	Commission and funded through the National Highway Traffic
355	Safety Administration or a similar program approved by the
356	commission, but who does not necessarily meet the uniform
357	minimum standards established by the commission for law
358	enforcement officers or auxiliary law enforcement officers under
359	chapter 943. Any such traffic accident investigation officer who
360	makes an investigation at the scene of a traffic accident may
361	issue traffic citations, based upon personal investigation, when
362	he or she has reasonable and probable grounds to believe that a
363	person who was involved in the accident committed an offense
364	under this chapter, chapter 319, chapter 320, or chapter 322 in
365	connection with the accident. This paragraph does not permit the
366	carrying of firearms or other weapons, nor do such officers have
367	arrest authority.
368	b. University police officers shall have authority to
369	enforce all of the traffic laws of this state when such
370	violations occur on or about any property or facilities that are
371	under the guidance, supervision, regulation, or control of a
372	state university, a direct-support organization of such state
373	university, or any other organization controlled by the state
374	university or a direct-support organization of the state
375	university, except that traffic laws may be enforced off-campus
376	when hot pursuit originates on or adjacent to any such property
377	or facilities.
378	c. Community college police officers shall have the
379	authority to enforce all the traffic laws of this state only
380	when such violations occur on any property or facilities that
381	are under the guidance, supervision, regulation, or control of
382	the community college system.
383	d. Police officers employed by an airport authority shall
384	have the authority to enforce all of the traffic laws of this
385	state only when such violations occur on any property or
386	facilities that are owned or operated by an airport authority.
387	(I) An airport authority may employ as a parking
388	enforcement specialist any individual who successfully completes
389	a training program established and approved by the Criminal
390	Justice Standards and Training Commission for parking
391	enforcement specialists but who does not otherwise meet the
392	uniform minimum standards established by the commission for law
393	enforcement officers or auxiliary or part-time officers under s.
394	943.12. Nothing in this sub-sub-subparagraph shall be construed
395	to permit the carrying of firearms or other weapons, nor shall
396	such parking enforcement specialist have arrest authority.
397	(II) A parking enforcement specialist employed by an
398	airport authority is authorized to enforce all state, county,
399	and municipal laws and ordinances governing parking only when
400	such violations are on property or facilities owned or operated
401	by the airport authority employing the specialist, by
402	appropriate state, county, or municipal traffic citation.
403	e. The Office of Agricultural Law Enforcement of the
404	Department of Agriculture and Consumer Services shall have the
405	authority to enforce traffic laws of this state.
406	f. School safety officers shall have the authority to
407	enforce all of the traffic laws of this state when such
408	violations occur on or about any property or facilities which
409	are under the guidance, supervision, regulation, or control of
410	the district school board.
411	g. The Division of the Florida Highway Patrol may employ
412	as a traffic accident investigation officer any individual who
413	successfully completes instruction in traffic accident
414	investigation and court presentation through the Selective
415	Traffic Enforcement Program as approved by the Criminal Justice
416	Standards and Training Commission and funded through the
417	National Highway Traffic Safety Administration or a similar
418	program approved by the commission, but who does not necessarily
419	meet the uniform minimum standards established by the commission
420	for law enforcement officers or auxiliary law enforcement
421	officers under chapter 943. Any such traffic accident
422	investigation officer who makes an investigation at the scene of
423	a traffic accident may issue traffic citations, based upon
424	personal investigation, when he or she has reasonable and
425	probable grounds to believe that a person who was involved in
426	the accident committed an offense under this chapter, chapter
427	319, chapter 320, or chapter 322 in connection with the
428	accident. This sub-subparagraph does not permit the carrying of
429	firearms or other weapons, nor do such officers have arrest
430	authority.
431	2. An agency of the state as described in subparagraph 1.
432	is prohibited from establishing a traffic citation quota. A
433	violation of this subparagraph is not subject to the penalties
434	provided in chapter 318.
435	3. Any disciplinary action taken or performance evaluation
436	conducted by an agency of the state as described in subparagraph
437	1. of a law enforcement officer's traffic enforcement activity
438	must be in accordance with written work-performance standards.
439	Such standards must be approved by the agency and any collective
440	bargaining unit representing such law enforcement officer. A
441	violation of this subparagraph is not subject to the penalties
442	provided in chapter 318.
443	Section 7. Section 316.3027, Florida Statutes, and
444	subsection (3) of section 316.610, Florida Statutes, are
445	repealed.
446	Section 8. Paragraph (b) of subsection (5) of section
447	316.1937, Florida Statutes, is amended to read:
448	316.1937 Ignition interlock devices, requiring; unlawful
449	acts.--
450	(5)
451	(b) Any person convicted of a violation of subsection (6)
452	who does not have a driver's license shall, in addition to any
453	other penalty provided by law, pay a fine of not less than $250
454	or more than $500 per each such violation. In the event that the
455	person is unable to pay any such fine, the fine shall become a
456	lien against the motor vehicle used in violation of subsection
457	(6) and payment shall be made pursuant to s. 316.3025(5)(4).
458	Section 9. This act shall take effect upon becoming a law.