HB 1205 2003
1	CHAMBER ACTION
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6	The Committee on Transportation recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to truck safety; amending s. 316.302,
12	F.S.; revising provisions for exemption from specified
13	notification requirements for commercial motor vehicles
14	carrying hazardous materials; incorporating specified
15	federal regulations; updating regulations and rules
16	applicable to certain commercial motor vehicle owners and
17	drivers; specifying ownership identification requirements
18	for certain commercial motor carriers; providing penalties
19	for violation of such requirements; providing for
20	compliance reviews; deleting obsolete references; amending
21	s. 316.3025, F.S.; correcting references; revising penalty
22	provisions for specified violations; providing penalties
23	for specified violations and noncompliance by certain
24	commercial motor carriers; amending s. 316.3026, F.S.;
25	providing the Office of Motor Carrier Compliance authority
26	to issue out-of-service orders to certain commercial motor
27	carriers; providing procedures; providing penalties for
28	failure to comply; amending s. 316.515, F.S.; revising
29	truck length limitations for described semitrailers under
30	specified circumstances; amending s. 316.545, F.S.;
31	providing that certain penalties shall be a lien on the
32	vehicle; adding a cross reference; deleting specified
33	receipt requirement; authorizing weight inspectors to
34	detain described vehicles under specified circumstances;
35	authorizing said inspectors to contact a law enforcement
36	officer; amending s. 316.640, F.S.; revising provisions
37	relating to law enforcement authority; repealing s.
38	316.3027, F.S., relating to identification required on
39	commercial motor vehicles; repealing s. 316.610(3), F.S.,
40	relating to inspection of vehicles; amending s. 316.1937,
41	F.S.; correcting a cross reference; providing an effective
42	date.
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44	Be It Enacted by the Legislature of the State of Florida:
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46	Section 1. Paragraph (b) of subsection (1), paragraphs
47	(a), (b), (c), (d), (e), (f), and (j) of subsection (2), and
48	subsection (5) of section 316.302, Florida Statutes, are amended
49	to read:
50	316.302 Commercial motor vehicles; safety regulations;
51	transporters and shippers of hazardous materials; enforcement.--
52	(1)
53	(b) Except as otherwise provided in this section, all
54	owners or drivers of commercial motor vehicles that are engaged
55	in intrastate commerce are subject to the rules and regulations
56	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
57	exception of 49 C.F.R. s. 390.5 as it relates to the definition
58	of bus, as such rules and regulations existed on October 1, 2002
59	2001.
60	(2)(a) A person who operates a commercial motor vehicle
61	solely in intrastate commerce not transporting any hazardous
62	material in amounts that require placarding pursuant to 49
63	C.F.R. part 172need not comply with 49 C.F.R. ss. 391.11(b)(1)
64	and 395.3(a) and (b).
65	(b) A person who operates a commercial motor vehicle
66	solely in intrastate commerce not transporting any hazardous
67	material in amounts that require placarding pursuant to 49
68	C.F.R. part 172is exempt from 49 C.F.R. s. 395.3(a) and (b) and
69	may, after 8 hours' rest, and following the required initial
70	motor vehicle inspection, be permitted to drive any part of the
71	first 15 on-duty hours in any 24-hour period, but may not be
72	permitted to operate a commercial motor vehicle after that until
73	the requirement of another 8 hours' rest has been fulfilled. The
74	provisions of this paragraph do not apply to drivers of public
75	utility vehicles or authorized emergency vehicles during periods
76	of severe weather or other emergencies.
77	(c) A person who operates a commercial motor vehicle
78	solely in intrastate commerce not transporting any hazardous
79	material in amounts that require placarding pursuant to 49
80	C.F.R. part 172may not be on duty more than 72 hours in any
81	period of 7 consecutive days, but carriers operating every day
82	in a week may permit drivers to remain on duty for a total of
83	not more than 84 hours in any period of 8 consecutive days;
84	however, 24 consecutive hours off duty shall constitute the end
85	of any such period of 7 or 8 consecutive days. This weekly limit
86	does not apply to a person who operates a commercial motor
87	vehicle solely within this state while transporting, during
88	harvest periods, any unprocessed agricultural products that are
89	subject to seasonal harvesting from place of harvest to the
90	first place of processing or storage or from place of harvest
91	directly to market. Upon request of the Department of
92	Transportation, motor carriers shall furnish time records or
93	other written verification to that department so that the
94	Department of Transportation can determine compliance with this
95	subsection. These time records must be furnished to the
96	Department of Transportation within 10 days after receipt of
97	that department's request. Falsification of such information is
98	subject to a civil penalty not to exceed $100. The provisions of
99	this paragraph do not apply to drivers of public utility
100	vehicles or authorized emergency vehicles during periods of
101	severe weather or other emergencies.
102	(d) A person who operates a commercial motor vehicle
103	solely in intrastate commerce not transporting any hazardous
104	material in amounts that require placarding pursuant to 49
105	C.F.R. part 172within a 200 air-mile radius of the location
106	where the vehicle is based need not comply with 49 C.F.R. s.
107	395.8, except that time records shall be maintained as
108	prescribed in 49 C.F.R. s. 395.1(e)(5).
109	(e) A person who operates a commercial motor vehicle
110	solely in intrastate commerce is exempt from subsection(1) while
111	transporting agricultural products, including horticultural or
112	forestry products, from farm or harvest place to the first place
113	of processing or storage, or from farm or harvest place directly
114	to market. However, such person must comply with 49 C.F.R. parts
115	382, 392, and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
116	A vehicle or combination of vehicles operated pursuant to this
117	paragraph that has a gross vehicle weight of 26,001 pounds or
118	more or has three or more axles on the power unit regardless of
119	weight must display the name of the vehicle owner or motor
120	carrier and the city or town where the vehicle is based on each
121	side of the power unit in letters that contrast with the
122	background and are readable from a distance of 50 feet. A
123	violation of this vehicle identification requirement may be
124	assessed a penalty as provided in s. 316.3025(3)(a).
125	(f) A person who operates a commercial motor vehicle
126	having a declared gross vehicle weight of less than 26,000
127	pounds solely in intrastate commerce and who is not transporting
128	hazardous materials in amounts that require placarding pursuant
129	to 49 C.F.R. part 172, or who is transporting petroleum products
130	as defined in s. 376.301(31), is exempt from subsection (1).
131	However, such person must comply with 49 C.F.R. parts 382, 392,
132	and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
133	(j) A person who is otherwise qualified as a driver under
134	49 C.F.R. part 391, and who operates a commercial motor vehicle
135	in intrastate commerce only, and who does not transport
136	hazardous materials in amounts that require placarding pursuant
137	to 49 C.F.R. part 172, shall be exempt from the requirements of
138	49 C.F.R. part 391, subpart E, ss. 391.41(b)(3) and 391.43(e),
139	relating to diabetes.
140	(5) The Department of Transportation may adopt and revise
141	rules to assure the safe operation of commercial motor vehicles.
142	The Department of Transportation may enter into cooperative
143	agreements as provided in 49 C.F.R. part 388. Department of
144	Transportation personnel may conduct motor carrier and shipper
145	compliance reviewsterminal audits onlyfor the purpose of
146	determining compliance with this section49 C.F.R. parts 171,
147	172, 173, 177, 178, 180, 382, 391, 393, 396, and 397; 49 C.F.R.
148	s. 395.1(e)(5);and s. 627.7415.
149	Section 2. Section 316.3025, Florida Statutes, is amended
150	to read:
151	316.3025 Penalties.--
152	(1) A commercial motor vehicle that is found to be
153	operating in such an unsafe condition as to be declared out-of-
154	service or a driver declared out-of-service or removed from
155	driving status pursuant to the North American StandardUniform
156	Out-of-Service Criteria must be repaired or returned to driving
157	status before being returned to service.
158	(2) Any person who owns, operates, or causes or permits a
159	commercial motor vehicle that has been declared out-of-service
160	pursuant to the North American StandardUniformOut-of-Service
161	Criteria to be driven before the completion of required repairs
162	is subject to the imposition of a penalty as provided in 49
163	C.F.R. s. 383.53, in addition to any other penalties imposed
164	against him or her. Any person who operates a commercial motor
165	vehicle while he or she is declared out-of-service or removed
166	from driving status pursuant to the North American Standard
167	UniformOut-of-Service Criteria, or who causes or permits such
168	out-of-service driver to operate a commercial motor vehicle, is
169	subject to the imposition of a penalty as provided in 49 C.F.R.
170	s. 383.53, in addition to any other penalties imposed against
171	the person.
172	(3)(a) A civil penalty of $50 may be assessed for a
173	violation of the identification requirementsof 49 C.F.R. s.
174	390.21 or s. 316.302(2)(e).
175	(b) A civil penalty of $100 may be assessed for:
176	1. Each violation of the North American StandardUniform
177	Driver Out-of-Service Criteria;
178	2. A violation of s. 316.302(2)(b) or (c); or
179	3. A violation of 49 C.F.R. s. 392.60; or
180	4. Each vehicle declared out-of-service pursuant to the
181	North American Standard Vehicle Out-of-Service Criteria
182	resulting from an inspection of a commercial vehicle involved in
183	a crash.
184	(c) A civil penalty of $250 may be assessed for:
185	1. A violation of the placarding requirements of 49 C.F.R.
186	parts 171-179;
187	2. A violation of the shipping paper requirements of 49
188	C.F.R. parts 171-179;
189	3. A violation of 49 C.F.R. s. 392.10;
190	4. A violation of 49 C.F.R. s. 397.5;
191	5. A violation of 49 C.F.R. s. 397.7;
192	6. A violation of 49 C.F.R. s. 397.13; or
193	7. A violation of 49 C.F.R. s. 397.15.
194	(d) A civil penalty of $500 may be assessed for:
195	1. Each violation of the North American Standard Hazardous
196	Materials Out-of-Service Criteria.
197	2. Each violation of 49 C.F.R. s. 390.19, for failure of
198	an interstate or intrastate motor carrier to register.
199	3. Each violation of 49 C.F.R. s. 392.9a, for failure of
200	an interstate motor carrier to obtain operating authority.
201	4. Each violation of 49 C.F.R. s. 392.9a, for operating
202	beyond the scope of an interstate motor carrier’s operating
203	authorityeach violation of the North American Uniform Hazardous
204	Materials Out-of-Service Criteria.
205	(e) A civil penalty not to exceed $5,000 in the aggregate
206	may be assessed for violations found in the conduct of
207	compliance reviewsterminal audits pursuant to s. 316.302(5). A
208	civil penalty not to exceed $25,000 in the aggregate may be
209	assessed for violations found in a followup compliance review
210	conducted within a 24-month period. A civil penalty not to
211	exceed $25,000 in the aggregate may be assessed and the motor
212	carrier may be enjoined pursuant to s. 316.3026 for violations
213	found after a second followup compliance review is conducted
214	within 12 months of the first followup compliance review. Motor
215	carriers found to be operating without insurance required by s.
216	627.7415 may be enjoined as provided in s. 316.3026.
217	(4) A vehicle operated by an interstate motor carrier
218	found to be in violation of 49 C.F.R. s. 392.9a may be placed
219	out-of-service for the carrier’s failure to obtain operating
220	authority or operating beyond the scope of its operating
221	authority.
222	(5)(4)Whenever any person or motor carrier as defined in
223	chapter 320 violates the provisions of this section and becomes
224	indebted to the state because of such violation and refuses to
225	pay the appropriate penalty, in addition to the provisions of s.
226	316.3026, suchthepenalty becomes a lien upon the property
227	including the motor vehicles of such person or motor carrier and
228	may be foreclosed by the state in a civil action in any court of
229	this state. It shall be presumed that the owner of the motor
230	vehicle is liable for the sum, and the vehicle may be detained
231	or impounded until the penalty is paid.
232	(6)(5)(a) Any officer or agent collecting the penalties
233	imposed pursuant to this section shall give to the owner, motor
234	carrier, or driver of the vehicle an official receipt for all
235	penalties collected from him or her.Only an officer or agent of
236	the Department of Transportation is authorized to collect the
237	penalty provided by this section. Such officer or agent shall
238	cooperate with the owner or driver of the motor vehicle so as
239	not to unduly delay the vehicle.
240	(b) All penalties imposed and collected under this section
241	by any state agency having jurisdictionshall be paid to the
242	Treasurer, who shall credit the total amount collected to the
243	State Transportation Trust Fund for use in repairing and
244	maintaining the roads of this state.
245	(7)(6)Any person aggrieved by the imposition of a civil
246	penalty pursuant to this section may apply to the Commercial
247	Motor Vehicle Review Board for a modification, cancellation, or
248	revocation of the penalty. The Commercial Motor Vehicle Review
249	Board may modify, cancel, revoke, or sustain such penalty.
250	Section 3. Section 316.3026, Florida Statutes, is amended
251	to read:
252	316.3026 Unlawful operation of motor carriersmay be
253	enjoined.--
254	(1) The Office of Motor Carrier Compliance within the
255	Department of Transportation may issue out-of-service orders to
256	motor carriers as defined in s. 320.01(33) who have, after
257	proper notice, failed to pay any penalty or fine assessed by the
258	department or its duly appointed agent against any owner or
259	motor carrier for violations of law, for the refusal to submit
260	to a compliance review and provide records pursuant to s.
261	316.302(5) or s. 316.70, or for being in violation of safety
262	regulations pursuant to s. 316.302 or insurance requirements
263	pursuant to s. 627.7415. Such out-of-service orders shall have
264	the effect of prohibiting the operations of any motor vehicles
265	owned, leased, or otherwise operated by the motor carrier upon
266	the roadways of this state, until such time as the violations
267	have been corrected and any penalties have been paid. Out-of-
268	service orders issued under this section must be approved by the
269	Secretary of Transportation or his or her designee. An
270	administrative hearing pursuant to s. 120.569 shall be afforded
271	to motor carriers subject to such orders.
272	(2) Any motor carrier enjoined or prohibited from
273	operating by an out-of-service order by this state, any other
274	state, or the Federal Motor Carrier Safety Administration is
275	prohibited from operating on the roadways of this state until
276	such time as the motor carrier has been authorized to resume
277	operations by the originating enforcement jurisdiction.
278	Commercial motor vehicles owned or operated by any motor carrier
279	prohibited from operation found on the roadways of this state
280	shall be placed out of service by law enforcement officers of
281	the Department of Transportation, and the motor carrier shall be
282	assessed a $10,000 civil penalty pursuant to 49 C.F.R. s.
283	383.53, in addition to any other penalties imposed on the driver
284	or other responsible person. Any person who knowingly drives,
285	operates, or causes to be operated any commercial motor vehicle
286	in violation of an out-of-service order issued by the department
287	in accordance with this section commits a felony of the third
288	degree, punishable as provided in s. 775.082(3)(d). Any costs
289	associated with the impoundment or storage of such vehicles are
290	the responsibility of the motor carrier. Vehicle out-of-service
291	orders may be rescinded when the department has received proof
292	of authorization for the motor carrier to resume operation.
293	(3) In addition to the sanctions found in subsections (1)
294	and (2), the Department of Transportation may petition the
295	circuit courts of this state to enjoin any motor carrier from
296	operating when it fails to comply with out-of-service orders
297	issued by a competent authority within or outside of this state
298	Any motor carrier which operates a commercial motor vehicle upon
299	the highways of this state in violation of the provisions of
300	this chapter may be enjoined by the courts of this state from
301	any such violation. Such injunctive proceeding may be instituted
302	by the Department of Transportation.
303	Section 4. Paragraph (b) of subsection (3) of section
304	316.515, Florida Statutes, is amended to read:
305	316.515 Maximum width, height, length.--
306	(3) LENGTH LIMITATION.--
307	(b) Semitrailers.--
308	1. A semitrailer operating in a truck tractor-semitrailer
309	combination may not exceed 48 feet in extreme overall outside
310	dimension, measured from the front of the unit to the rear of
311	the unit and the load carried thereon, exclusive of safety and
312	energy conservation devices approved by the department for use
313	on vehicles using public roads, unless it complies with
314	subparagraph 2. A semitrailer which exceeds 48 feet in length
315	and is used to transport divisible loads may operate in this
316	state only if issued a permit under s. 316.550 and if such
317	trailer meets the requirements of this chapter relating to
318	vehicle equipment and safety. Except for highways on the tandem
319	trailer truck highway network, public roads deemed unsafe for
320	longer semitrailer vehicles or those roads on which such longer
321	vehicles are determined not to be in the interest of public
322	convenience shall, in conformance with s. 316.006, be restricted
323	by the Department of Transportation or by the local authority to
324	use by semitrailers not exceeding a length of 48 feet, inclusive
325	of the load carried thereon but exclusive of safety and energy
326	conservation devices approved by the department for use on
327	vehicles using public roads. Truck tractor-semitrailer
328	combinations shall be afforded reasonable access to terminals;
329	facilities for food, fuel, repairs, and rest; and points of
330	loading and unloading.
331	2. A semitrailer which is more than 48 feet but not more
332	than 53 feet in extreme overall outside dimension, as measured
333	pursuant to subparagraph 1., may operate on public roads, except
334	roads on the State Highway System which are restricted by the
335	Department of Transportation or other roads restricted by local
336	authorities, if:
337	a. The distance between the kingpin or other peg which
338	locks into the fifth wheel of a truck tractor and the center of
339	the rear axle or rear group of axles does not exceed 41 feet or,
340	in the case of a semitrailer used exclusively or primarily to
341	transport vehicles in connection with motorsports competition
342	events, the distance does not exceed 46 feet from the kingpin to
343	the center of the rear axles; and
344	b. It is equipped with a substantial rear-end underride
345	protection device meeting the requirements of 49 C.F.R. s.
346	393.86, "Rear End Protection."
347	Section 5. Subsections (5), (6), and (10) of section
348	316.545, Florida Statutes, are amended to read:
349	316.545 Weight and load unlawful; special fuel and motor
350	fuel tax enforcement; inspection; penalty; review.--
351	(5) Whenever any person violates the provisions of this
352	chapter and becomes indebted to the state because of such
353	violation in the amounts aforesaid and refuses to pay said
354	penalty, in addition to the provisions of s. 316.3026,such
355	penalty shall become a lien upon the motor vehicle, and the same
356	may be foreclosed by the state in a court of equity. It shall be
357	presumed that the owner of the motor vehicle is liable for the
358	sum. Any person, firm, or corporation claiming an interest in
359	the seized motor vehicle may, at any time after the lien of the
360	state attaches to the motor vehicle, obtain possession of the
361	seized vehicle by filing a good and sufficient forthcoming bond
362	with the officer having possession of the vehicle, payable to
363	the Governor of the state in twice the amount of the state's
364	lien, with a corporate surety duly authorized to transact
365	business in this state as surety, conditioned to have the motor
366	vehicle or combination of vehicles forthcoming to abide the
367	result of any suit for the foreclosure of such lien. It shall be
368	presumed that the owner of the motor vehicle is liable for the
369	penalty imposed under this section. Upon the posting of such
370	bond with the officer making the seizure, the vehicle shall be
371	released and the bond shall be forwarded to the Department of
372	Transportation for safekeeping. The lien of the state against
373	the motor vehicle aforesaid shall be foreclosed in equity, and
374	the ordinary rules of court relative to proceedings in equity
375	shall control. If it appears that the seized vehicle has been
376	released to the defendant upon his or her forthcoming bond, the
377	state shall take judgment of foreclosure against the property
378	itself, and judgment against the defendant and the sureties on
379	the bond for the amount of the lien, including cost of
380	proceedings. After the rendition of the decree, the state may,
381	at its option, proceed to sue out execution against the
382	defendant and his or her sureties for the amount recovered as
383	aforesaid or direct the sale of the vehicle under foreclosure.
384	(6) Any officer or agent collecting the penalties herein
385	imposed shall give to the owner or driver of the vehicle an
386	official receipt for all penalties collected. Such officers or
387	agents of the state departments shallcooperate with the owners
388	or drivers of motor vehicles so as not to delay unduly the
389	vehicles. All penalties imposed and collected under this section
390	by any state agency having jurisdiction shall be paid to the
391	Treasurer, who shall credit the total amount thereof to the
392	State Transportation Trust Fund, which shall be used to repair
393	and maintain the roads of this state and to enforce this
394	section.
395	(10) The Department of Transportation may employ weight
396	inspectors to operate its fixed-scale facilities. Weight
397	inspectors on duty at a fixed-scale facility are authorized to
398	enforce the laws governing commercial motor vehicle weight,
399	registration, size, and load and to assess and collect civil
400	penalties for violations of said laws. A weight inspector may
401	detain a commercial motor vehicle that has an obvious safety
402	defect critical to the continued safe operation of the vehicle,
403	or which is operating in violation of an out-of-service order as
404	reported on the Federal Safety and Fitness Electronic Records
405	database. The weight inspector may immediately summon a law
406	enforcement officer of the Department of Transportation, or
407	another law enforcement officer authorized under s. 316.640 to
408	enforce the traffic laws of this state, to take appropriate
409	enforcement action. The vehicle shall be released if the defect
410	is repaired prior to the arrival of a law enforcement officer.
411	Weight inspectors shall not be classified as law enforcement
412	officers subject to certification requirements of chapter 943,
413	and are not authorized to carry weapons or make arrests. Any
414	person who obstructs, opposes, or resists a weight inspector in
415	the performance of the duties herein prescribed shall be guilty
416	of an offense as described in subsection(1) for obstructing,
417	opposing, or resisting a law enforcement officer.
418	Section 6. Paragraph (a) of subsection (1) of section
419	316.640, Florida Statutes, is amended to read:
420	316.640 Enforcement.--The enforcement of the traffic laws
421	of this state is vested as follows:
422	(1) STATE.--
423	(a)1.a. The Division of Florida Highway Patrol of the
424	Department of Highway Safety and Motor Vehicles, the Division of
425	Law Enforcement of the Fish and Wildlife Conservation
426	Commission, the Division of Law Enforcement of the Department of
427	Environmental Protection, and law enforcement officers of the
428	Department of Transportation each have authority to enforce all
429	of the traffic laws of this state on all the streets and
430	highways thereof and elsewhere throughout the state wherever the
431	public has a right to travel by motor vehicle. The Division of
432	the Florida Highway Patrol may employ as a traffic accident
433	investigation officer any individual who successfully completes
434	instruction in traffic accident investigation and court
435	presentation through the Selective Traffic Enforcement Program
436	as approved by the Criminal Justice Standards and Training
437	Commission and funded through the National Highway Traffic
438	Safety Administration or a similar program approved by the
439	commission, but who does not necessarily meet the uniform
440	minimum standards established by the commission for law
441	enforcement officers or auxiliary law enforcement officers under
442	chapter 943. Any such traffic accident investigation officer who
443	makes an investigation at the scene of a traffic accident may
444	issue traffic citations, based upon personal investigation, when
445	he or she has reasonable and probable grounds to believe that a
446	person who was involved in the accident committed an offense
447	under this chapter, chapter 319, chapter 320, or chapter 322 in
448	connection with the accident. This paragraph does not permit the
449	carrying of firearms or other weapons, nor do such officers have
450	arrest authority.
451	b. University police officers shall have authority to
452	enforce all of the traffic laws of this state when such
453	violations occur on or about any property or facilities that are
454	under the guidance, supervision, regulation, or control of a
455	state university, a direct-support organization of such state
456	university, or any other organization controlled by the state
457	university or a direct-support organization of the state
458	university, except that traffic laws may be enforced off-campus
459	when hot pursuit originates on or adjacent to any such property
460	or facilities.
461	c. Community college police officers shall have the
462	authority to enforce all the traffic laws of this state only
463	when such violations occur on any property or facilities that
464	are under the guidance, supervision, regulation, or control of
465	the community college system.
466	d. Police officers employed by an airport authority shall
467	have the authority to enforce all of the traffic laws of this
468	state only when such violations occur on any property or
469	facilities that are owned or operated by an airport authority.
470	(I) An airport authority may employ as a parking
471	enforcement specialist any individual who successfully completes
472	a training program established and approved by the Criminal
473	Justice Standards and Training Commission for parking
474	enforcement specialists but who does not otherwise meet the
475	uniform minimum standards established by the commission for law
476	enforcement officers or auxiliary or part-time officers under s.
477	943.12. Nothing in this sub-sub-subparagraph shall be construed
478	to permit the carrying of firearms or other weapons, nor shall
479	such parking enforcement specialist have arrest authority.
480	(II) A parking enforcement specialist employed by an
481	airport authority is authorized to enforce all state, county,
482	and municipal laws and ordinances governing parking only when
483	such violations are on property or facilities owned or operated
484	by the airport authority employing the specialist, by
485	appropriate state, county, or municipal traffic citation.
486	e. The Office of Agricultural Law Enforcement of the
487	Department of Agriculture and Consumer Services shall have the
488	authority to enforce traffic laws of this state.
489	f. School safety officers shall have the authority to
490	enforce all of the traffic laws of this state when such
491	violations occur on or about any property or facilities which
492	are under the guidance, supervision, regulation, or control of
493	the district school board.
494	g. The Division of the Florida Highway Patrol may employ
495	as a traffic accident investigation officer any individual who
496	successfully completes instruction in traffic accident
497	investigation and court presentation through the Selective
498	Traffic Enforcement Program as approved by the Criminal Justice
499	Standards and Training Commission and funded through the
500	National Highway Traffic Safety Administration or a similar
501	program approved by the commission, but who does not necessarily
502	meet the uniform minimum standards established by the commission
503	for law enforcement officers or auxiliary law enforcement
504	officers under chapter 943. Any such traffic accident
505	investigation officer who makes an investigation at the scene of
506	a traffic accident may issue traffic citations, based upon
507	personal investigation, when he or she has reasonable and
508	probable grounds to believe that a person who was involved in
509	the accident committed an offense under this chapter, chapter
510	319, chapter 320, or chapter 322 in connection with the
511	accident. This sub-subparagraph does not permit the carrying of
512	firearms or other weapons, nor do such officers have arrest
513	authority.
514	2. An agency of the state as described in subparagraph 1.
515	is prohibited from establishing a traffic citation quota. A
516	violation of this subparagraph is not subject to the penalties
517	provided in chapter 318.
518	3. Any disciplinary action taken or performance evaluation
519	conducted by an agency of the state as described in subparagraph
520	1. of a law enforcement officer's traffic enforcement activity
521	must be in accordance with written work-performance standards.
522	Such standards must be approved by the agency and any collective
523	bargaining unit representing such law enforcement officer. A
524	violation of this subparagraph is not subject to the penalties
525	provided in chapter 318.
526	Section 7. Section 316.3027, Florida Statutes, and
527	subsection (3) of section 316.610, Florida Statutes, are
528	repealed.
529	Section 8. Paragraph (b) of subsection (5) of section
530	316.1937, Florida Statutes, is amended to read:
531	316.1937 Ignition interlock devices, requiring; unlawful
532	acts.--
533	(5)
534	(b) Any person convicted of a violation of subsection(6)
535	who does not have a driver's license shall, in addition to any
536	other penalty provided by law, pay a fine of not less than $250
537	or more than $500 per each such violation. In the event that the
538	person is unable to pay any such fine, the fine shall become a
539	lien against the motor vehicle used in violation of subsection
540	(6) and payment shall be made pursuant to s. 316.3025(5)(4).
541	Section 9. This act shall take effect upon becoming a law.