HB 1205, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to truck safety; amending s. 316.302,
3	F.S.; revising provisions for exemption from specified
4	notification requirements for commercial motor vehicles
5	carrying hazardous materials; incorporating specified
6	federal regulations; updating regulations and rules
7	applicable to certain commercial motor vehicle owners and
8	drivers; specifying ownership identification requirements
9	for certain commercial motor carriers; providing penalties
10	for violation of such requirements; providing for
11	compliance reviews; deleting obsolete references; amending
12	s. 316.3025, F.S.; correcting references; revising penalty
13	provisions for specified violations; providing penalties
14	for specified violations and noncompliance by certain
15	commercial motor carriers; amending s. 316.3026, F.S.;
16	providing the Office of Motor Carrier Compliance authority
17	to issue out-of-service orders to certain commercial motor
18	carriers; providing procedures; providing penalties for
19	failure to comply; amending s. 316.515, F.S.; revising
20	truck length limitations for described semitrailers under
21	specified circumstances; amending s. 316.545, F.S.;
22	providing that certain penalties shall be a lien on the
23	vehicle; adding a cross reference; deleting specified
24	receipt requirement; authorizing weight inspectors to
25	detain described vehicles under specified circumstances;
26	authorizing said inspectors to contact a law enforcement
27	officer; amending s. 316.640, F.S.; revising provisions
28	relating to law enforcement authority; repealing s.
29	316.3027, F.S., relating to identification required on
30	commercial motor vehicles; repealing s. 316.610(3), F.S.,
31	relating to inspection of vehicles; amending s. 316.1937,
32	F.S.; correcting a cross reference; providing an effective
33	date.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1. Paragraph (b) of subsection (1), paragraphs
38	(a), (b), (c), (d), (e), (f), and (j) of subsection (2), and
39	subsection (5) of section 316.302, Florida Statutes, are amended
40	to read:
41	316.302 Commercial motor vehicles; safety regulations;
42	transporters and shippers of hazardous materials; enforcement.--
43	(1)
44	(b) Except as otherwise provided in this section, all
45	owners or drivers of commercial motor vehicles that are engaged
46	in intrastate commerce are subject to the rules and regulations
47	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
48	exception of 49 C.F.R. s. 390.5 as it relates to the definition
49	of bus, as such rules and regulations existed on October 1, 2002
50	2001.
51	(2)(a) A person who operates a commercial motor vehicle
52	solely in intrastate commerce not transporting any hazardous
53	material in amounts that require placarding pursuant to 49
54	C.F.R. part 172need not comply with 49 C.F.R. ss. 391.11(b)(1)
55	and 395.3(a) and (b).
56	(b) A person who operates a commercial motor vehicle
57	solely in intrastate commerce not transporting any hazardous
58	material in amounts that require placarding pursuant to 49
59	C.F.R. part 172is exempt from 49 C.F.R. s. 395.3(a) and (b) and
60	may, after 8 hours' rest, and following the required initial
61	motor vehicle inspection, be permitted to drive any part of the
62	first 15 on-duty hours in any 24-hour period, but may not be
63	permitted to operate a commercial motor vehicle after that until
64	the requirement of another 8 hours' rest has been fulfilled. The
65	provisions of this paragraph do not apply to drivers of public
66	utility vehicles or authorized emergency vehicles during periods
67	of severe weather or other emergencies.
68	(c) A person who operates a commercial motor vehicle
69	solely in intrastate commerce not transporting any hazardous
70	material in amounts that require placarding pursuant to 49
71	C.F.R. part 172may not be on duty more than 72 hours in any
72	period of 7 consecutive days, but carriers operating every day
73	in a week may permit drivers to remain on duty for a total of
74	not more than 84 hours in any period of 8 consecutive days;
75	however, 24 consecutive hours off duty shall constitute the end
76	of any such period of 7 or 8 consecutive days. This weekly limit
77	does not apply to a person who operates a commercial motor
78	vehicle solely within this state while transporting, during
79	harvest periods, any unprocessed agricultural products that are
80	subject to seasonal harvesting from place of harvest to the
81	first place of processing or storage or from place of harvest
82	directly to market. Upon request of the Department of
83	Transportation, motor carriers shall furnish time records or
84	other written verification to that department so that the
85	Department of Transportation can determine compliance with this
86	subsection. These time records must be furnished to the
87	Department of Transportation within 10 days after receipt of
88	that department's request. Falsification of such information is
89	subject to a civil penalty not to exceed $100. The provisions of
90	this paragraph do not apply to drivers of public utility
91	vehicles or authorized emergency vehicles during periods of
92	severe weather or other emergencies.
93	(d) A person who operates a commercial motor vehicle
94	solely in intrastate commerce not transporting any hazardous
95	material in amounts that require placarding pursuant to 49
96	C.F.R. part 172within a 200 air-mile radius of the location
97	where the vehicle is based need not comply with 49 C.F.R. s.
98	395.8, except that time records shall be maintained as
99	prescribed in 49 C.F.R. s. 395.1(e)(5).
100	(e) A person who operates a commercial motor vehicle
101	solely in intrastate commerce is exempt from subsection(1) while
102	transporting agricultural products, including horticultural or
103	forestry products, from farm or harvest place to the first place
104	of processing or storage, or from farm or harvest place directly
105	to market. However, such person must comply with 49 C.F.R. parts
106	382, 392, and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
107	A vehicle or combination of vehicles operated pursuant to this
108	paragraph that has a gross vehicle weight of 26,001 pounds or
109	more or has three or more axles on the power unit regardless of
110	weight must display the name of the vehicle owner or motor
111	carrier and the city or town where the vehicle is based on each
112	side of the power unit in letters that contrast with the
113	background and are readable from a distance of 50 feet. A
114	violation of this vehicle identification requirement may be
115	assessed a penalty as provided in s. 316.3025(3)(a).
116	(f) A person who operates a commercial motor vehicle
117	having a declared gross vehicle weight of less than 26,000
118	pounds solely in intrastate commerce and who is not transporting
119	hazardous materials in amounts that require placarding pursuant
120	to 49 C.F.R. part 172, or who is transporting petroleum products
121	as defined in s. 376.301(31), is exempt from subsection (1).
122	However, such person must comply with 49 C.F.R. parts 382, 392,
123	and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
124	(j) A person who is otherwise qualified as a driver under
125	49 C.F.R. part 391, and who operates a commercial motor vehicle
126	in intrastate commerce only, and who does not transport
127	hazardous materials in amounts that require placarding pursuant
128	to 49 C.F.R. part 172, shall be exempt from the requirements of
129	49 C.F.R. part 391, subpart E, ss. 391.41(b)(3) and 391.43(e),
130	relating to diabetes.
131	(5) The Department of Transportation may adopt and revise
132	rules to assure the safe operation of commercial motor vehicles.
133	The Department of Transportation may enter into cooperative
134	agreements as provided in 49 C.F.R. part 388. Department of
135	Transportation personnel may conduct motor carrier and shipper
136	compliance reviewsterminal audits onlyfor the purpose of
137	determining compliance with this section49 C.F.R. parts 171,
138	172, 173, 177, 178, 180, 382, 391, 393, 396, and 397; 49 C.F.R.
139	s. 395.1(e)(5);and s. 627.7415.
140	Section 2. Section 316.3025, Florida Statutes, is amended
141	to read:
142	316.3025 Penalties.--
143	(1) A commercial motor vehicle that is found to be
144	operating in such an unsafe condition as to be declared out-of-
145	service or a driver declared out-of-service or removed from
146	driving status pursuant to the North American StandardUniform
147	Out-of-Service Criteria must be repaired or returned to driving
148	status before being returned to service.
149	(2) Any person who owns, operates, or causes or permits a
150	commercial motor vehicle that has been declared out-of-service
151	pursuant to the North American StandardUniformOut-of-Service
152	Criteria to be driven before the completion of required repairs
153	is subject to the imposition of a penalty as provided in 49
154	C.F.R. s. 383.53, in addition to any other penalties imposed
155	against him or her. Any person who operates a commercial motor
156	vehicle while he or she is declared out-of-service or removed
157	from driving status pursuant to the North American Standard
158	UniformOut-of-Service Criteria, or who causes or permits such
159	out-of-service driver to operate a commercial motor vehicle, is
160	subject to the imposition of a penalty as provided in 49 C.F.R.
161	s. 383.53, in addition to any other penalties imposed against
162	the person.
163	(3)(a) A civil penalty of $50 may be assessed for a
164	violation of the identification requirementsof 49 C.F.R. s.
165	390.21 or s. 316.302(2)(e).
166	(b) A civil penalty of $100 may be assessed for:
167	1. Each violation of the North American StandardUniform
168	Driver Out-of-Service Criteria;
169	2. A violation of s. 316.302(2)(b) or (c); or
170	3. A violation of 49 C.F.R. s. 392.60; or
171	4. Each vehicle declared out-of-service pursuant to the
172	North American Standard Vehicle Out-of-Service Criteria
173	resulting from an inspection of a commercial vehicle involved in
174	a crash.
175	(c) A civil penalty of $250 may be assessed for:
176	1. A violation of the placarding requirements of 49 C.F.R.
177	parts 171-179;
178	2. A violation of the shipping paper requirements of 49
179	C.F.R. parts 171-179;
180	3. A violation of 49 C.F.R. s. 392.10;
181	4. A violation of 49 C.F.R. s. 397.5;
182	5. A violation of 49 C.F.R. s. 397.7;
183	6. A violation of 49 C.F.R. s. 397.13; or
184	7. A violation of 49 C.F.R. s. 397.15.
185	(d) A civil penalty of $500 may be assessed for:
186	1. Each violation of the North American Standard Hazardous
187	Materials Out-of-Service Criteria.
188	2. Each violation of 49 C.F.R. s. 390.19, for failure of
189	an interstate or intrastate motor carrier to register.
190	3. Each violation of 49 C.F.R. s. 392.9a, for failure of
191	an interstate motor carrier to obtain operating authority.
192	4. Each violation of 49 C.F.R. s. 392.9a, for operating
193	beyond the scope of an interstate motor carrier’s operating
194	authorityeach violation of the North American Uniform Hazardous
195	Materials Out-of-Service Criteria.
196	(e) A civil penalty not to exceed $5,000 in the aggregate
197	may be assessed for violations found in the conduct of
198	compliance reviewsterminal audits pursuant to s. 316.302(5). A
199	civil penalty not to exceed $25,000 in the aggregate may be
200	assessed for violations found in a followup compliance review
201	conducted within a 24-month period. A civil penalty not to
202	exceed $25,000 in the aggregate may be assessed and the motor
203	carrier may be enjoined pursuant to s. 316.3026 for violations
204	found after a second followup compliance review is conducted
205	within 12 months of the first followup compliance review. Motor
206	carriers found to be operating without insurance required by s.
207	627.7415 may be enjoined as provided in s. 316.3026.
208	(4) A vehicle operated by an interstate motor carrier
209	found to be in violation of 49 C.F.R. s. 392.9a may be placed
210	out-of-service for the carrier’s failure to obtain operating
211	authority or operating beyond the scope of its operating
212	authority.
213	(5)(4)Whenever any person or motor carrier as defined in
214	chapter 320 violates the provisions of this section and becomes
215	indebted to the state because of such violation and refuses to
216	pay the appropriate penalty, in addition to the provisions of s.
217	316.3026, suchthepenalty becomes a lien upon the property
218	including the motor vehicles of such person or motor carrier and
219	may be foreclosed by the state in a civil action in any court of
220	this state. It shall be presumed that the owner of the motor
221	vehicle is liable for the sum, and the vehicle may be detained
222	or impounded until the penalty is paid.
223	(6)(5)(a) Any officer or agent collecting the penalties
224	imposed pursuant to this section shall give to the owner, motor
225	carrier, or driver of the vehicle an official receipt for all
226	penalties collected from him or her.Only an officer or agent of
227	the Department of Transportation is authorized to collect the
228	penalty provided by this section. Such officer or agent shall
229	cooperate with the owner or driver of the motor vehicle so as
230	not to unduly delay the vehicle.
231	(b) All penalties imposed and collected under this section
232	by any state agency having jurisdictionshall be paid to the
233	Treasurer, who shall credit the total amount collected to the
234	State Transportation Trust Fund for use in repairing and
235	maintaining the roads of this state.
236	(7)(6)Any person aggrieved by the imposition of a civil
237	penalty pursuant to this section may apply to the Commercial
238	Motor Vehicle Review Board for a modification, cancellation, or
239	revocation of the penalty. The Commercial Motor Vehicle Review
240	Board may modify, cancel, revoke, or sustain such penalty.
241	Section 3. Section 316.3026, Florida Statutes, is amended
242	to read:
243	316.3026 Unlawful operation of motor carriersmay be
244	enjoined.--
245	(1) The Office of Motor Carrier Compliance within the
246	Department of Transportation may issue out-of-service orders to
247	motor carriers as defined in s. 320.01(33) who have, after
248	proper notice, failed to pay any penalty or fine assessed by the
249	department or its duly appointed agent against any owner or
250	motor carrier for violations of law, for the refusal to submit
251	to a compliance review and provide records pursuant to s.
252	316.302(5) or s. 316.70, or for being in violation of safety
253	regulations pursuant to s. 316.302 or insurance requirements
254	pursuant to s. 627.7415. Such out-of-service orders shall have
255	the effect of prohibiting the operations of any motor vehicles
256	owned, leased, or otherwise operated by the motor carrier upon
257	the roadways of this state, until such time as the violations
258	have been corrected and any penalties have been paid. Out-of-
259	service orders issued under this section must be approved by the
260	Secretary of Transportation or his or her designee. An
261	administrative hearing pursuant to s. 120.569 shall be afforded
262	to motor carriers subject to such orders.
263	(2) Any motor carrier enjoined or prohibited from
264	operating by an out-of-service order by this state, any other
265	state, or the Federal Motor Carrier Safety Administration is
266	prohibited from operating on the roadways of this state until
267	such time as the motor carrier has been authorized to resume
268	operations by the originating enforcement jurisdiction.
269	Commercial motor vehicles owned or operated by any motor carrier
270	prohibited from operation found on the roadways of this state
271	shall be placed out of service by law enforcement officers of
272	the Department of Transportation, and the motor carrier shall be
273	assessed a $10,000 civil penalty pursuant to 49 C.F.R. s.
274	383.53, in addition to any other penalties imposed on the driver
275	or other responsible person. Any person who knowingly drives,
276	operates, or causes to be operated any commercial motor vehicle
277	in violation of an out-of-service order issued by the department
278	in accordance with this section commits a felony of the third
279	degree, punishable as provided in s. 775.082(3)(d). Any costs
280	associated with the impoundment or storage of such vehicles are
281	the responsibility of the motor carrier. Vehicle out-of-service
282	orders may be rescinded when the department has received proof
283	of authorization for the motor carrier to resume operation.
284	(3) In addition to the sanctions found in subsections (1)
285	and (2), the Department of Transportation may petition the
286	circuit courts of this state to enjoin any motor carrier from
287	operating when it fails to comply with out-of-service orders
288	issued by a competent authority within or outside of this state
289	Any motor carrier which operates a commercial motor vehicle upon
290	the highways of this state in violation of the provisions of
291	this chapter may be enjoined by the courts of this state from
292	any such violation. Such injunctive proceeding may be instituted
293	by the Department of Transportation.
294	Section 4. Paragraph (b) of subsection (3) of section
295	316.515, Florida Statutes, is amended to read:
296	316.515 Maximum width, height, length.--
297	(3) LENGTH LIMITATION.--
298	(b) Semitrailers.--
299	1. A semitrailer operating in a truck tractor-semitrailer
300	combination may not exceed 48 feet in extreme overall outside
301	dimension, measured from the front of the unit to the rear of
302	the unit and the load carried thereon, exclusive of safety and
303	energy conservation devices approved by the department for use
304	on vehicles using public roads, unless it complies with
305	subparagraph 2. A semitrailer which exceeds 48 feet in length
306	and is used to transport divisible loads may operate in this
307	state only if issued a permit under s. 316.550 and if such
308	trailer meets the requirements of this chapter relating to
309	vehicle equipment and safety. Except for highways on the tandem
310	trailer truck highway network, public roads deemed unsafe for
311	longer semitrailer vehicles or those roads on which such longer
312	vehicles are determined not to be in the interest of public
313	convenience shall, in conformance with s. 316.006, be restricted
314	by the Department of Transportation or by the local authority to
315	use by semitrailers not exceeding a length of 48 feet, inclusive
316	of the load carried thereon but exclusive of safety and energy
317	conservation devices approved by the department for use on
318	vehicles using public roads. Truck tractor-semitrailer
319	combinations shall be afforded reasonable access to terminals;
320	facilities for food, fuel, repairs, and rest; and points of
321	loading and unloading.
322	2. A semitrailer which is more than 48 feet but not more
323	than 53 feet in extreme overall outside dimension, as measured
324	pursuant to subparagraph 1., may operate on public roads, except
325	roads on the State Highway System which are restricted by the
326	Department of Transportation or other roads restricted by local
327	authorities, if:
328	a. The distance between the kingpin or other peg which
329	locks into the fifth wheel of a truck tractor and the center of
330	the rear axle or rear group of axles does not exceed 41 feet or,
331	in the case of a semitrailer used exclusively or primarily to
332	transport vehicles in connection with motorsports competition
333	events, the distance does not exceed 46 feet from the kingpin to
334	the center of the rear axles; and
335	b. It is equipped with a substantial rear-end underride
336	protection device meeting the requirements of 49 C.F.R. s.
337	393.86, "Rear End Protection."
338	Section 5. Subsections (5), (6), and (10) of section
339	316.545, Florida Statutes, are amended to read:
340	316.545 Weight and load unlawful; special fuel and motor
341	fuel tax enforcement; inspection; penalty; review.--
342	(5) Whenever any person violates the provisions of this
343	chapter and becomes indebted to the state because of such
344	violation in the amounts aforesaid and refuses to pay said
345	penalty, in addition to the provisions of s. 316.3026,such
346	penalty shall become a lien upon the motor vehicle, and the same
347	may be foreclosed by the state in a court of equity. It shall be
348	presumed that the owner of the motor vehicle is liable for the
349	sum. Any person, firm, or corporation claiming an interest in
350	the seized motor vehicle may, at any time after the lien of the
351	state attaches to the motor vehicle, obtain possession of the
352	seized vehicle by filing a good and sufficient forthcoming bond
353	with the officer having possession of the vehicle, payable to
354	the Governor of the state in twice the amount of the state's
355	lien, with a corporate surety duly authorized to transact
356	business in this state as surety, conditioned to have the motor
357	vehicle or combination of vehicles forthcoming to abide the
358	result of any suit for the foreclosure of such lien. It shall be
359	presumed that the owner of the motor vehicle is liable for the
360	penalty imposed under this section. Upon the posting of such
361	bond with the officer making the seizure, the vehicle shall be
362	released and the bond shall be forwarded to the Department of
363	Transportation for safekeeping. The lien of the state against
364	the motor vehicle aforesaid shall be foreclosed in equity, and
365	the ordinary rules of court relative to proceedings in equity
366	shall control. If it appears that the seized vehicle has been
367	released to the defendant upon his or her forthcoming bond, the
368	state shall take judgment of foreclosure against the property
369	itself, and judgment against the defendant and the sureties on
370	the bond for the amount of the lien, including cost of
371	proceedings. After the rendition of the decree, the state may,
372	at its option, proceed to sue out execution against the
373	defendant and his or her sureties for the amount recovered as
374	aforesaid or direct the sale of the vehicle under foreclosure.
375	(6) Any officer or agent collecting the penalties herein
376	imposed shall give to the owner or driver of the vehicle an
377	official receipt for all penalties collected. Such officers or
378	agents of the state departments shallcooperate with the owners
379	or drivers of motor vehicles so as not to delay unduly the
380	vehicles. All penalties imposed and collected under this section
381	by any state agency having jurisdiction shall be paid to the
382	Treasurer, who shall credit the total amount thereof to the
383	State Transportation Trust Fund, which shall be used to repair
384	and maintain the roads of this state and to enforce this
385	section.
386	(10) The Department of Transportation may employ weight
387	inspectors to operate its fixed-scale facilities. Weight
388	inspectors on duty at a fixed-scale facility are authorized to
389	enforce the laws governing commercial motor vehicle weight,
390	registration, size, and load and to assess and collect civil
391	penalties for violations of said laws. A weight inspector may
392	detain a commercial motor vehicle that has an obvious safety
393	defect critical to the continued safe operation of the vehicle,
394	or which is operating in violation of an out-of-service order as
395	reported on the Federal Safety and Fitness Electronic Records
396	database. The weight inspector may immediately summon a law
397	enforcement officer of the Department of Transportation, or
398	another law enforcement officer authorized under s. 316.640 to
399	enforce the traffic laws of this state, to take appropriate
400	enforcement action. The vehicle shall be released if the defect
401	is repaired prior to the arrival of a law enforcement officer.
402	Weight inspectors shall not be classified as law enforcement
403	officers subject to certification requirements of chapter 943,
404	and are not authorized to carry weapons or make arrests. Any
405	person who obstructs, opposes, or resists a weight inspector in
406	the performance of the duties herein prescribed shall be guilty
407	of an offense as described in subsection(1) for obstructing,
408	opposing, or resisting a law enforcement officer.
409	Section 6. Paragraph (a) of subsection (1) of section
410	316.640, Florida Statutes, is amended to read:
411	316.640 Enforcement.--The enforcement of the traffic laws
412	of this state is vested as follows:
413	(1) STATE.--
414	(a)1.a. The Division of Florida Highway Patrol of the
415	Department of Highway Safety and Motor Vehicles, the Division of
416	Law Enforcement of the Fish and Wildlife Conservation
417	Commission, the Division of Law Enforcement of the Department of
418	Environmental Protection, and law enforcement officers of the
419	Department of Transportation each have authority to enforce all
420	of the traffic laws of this state on all the streets and
421	highways thereof and elsewhere throughout the state wherever the
422	public has a right to travel by motor vehicle. The Division of
423	the Florida Highway Patrol may employ as a traffic accident
424	investigation officer any individual who successfully completes
425	instruction in traffic accident investigation and court
426	presentation through the Selective Traffic Enforcement Program
427	as approved by the Criminal Justice Standards and Training
428	Commission and funded through the National Highway Traffic
429	Safety Administration or a similar program approved by the
430	commission, but who does not necessarily meet the uniform
431	minimum standards established by the commission for law
432	enforcement officers or auxiliary law enforcement officers under
433	chapter 943. Any such traffic accident investigation officer who
434	makes an investigation at the scene of a traffic accident may
435	issue traffic citations, based upon personal investigation, when
436	he or she has reasonable and probable grounds to believe that a
437	person who was involved in the accident committed an offense
438	under this chapter, chapter 319, chapter 320, or chapter 322 in
439	connection with the accident. This paragraph does not permit the
440	carrying of firearms or other weapons, nor do such officers have
441	arrest authority.
442	b. University police officers shall have authority to
443	enforce all of the traffic laws of this state when such
444	violations occur on or about any property or facilities that are
445	under the guidance, supervision, regulation, or control of a
446	state university, a direct-support organization of such state
447	university, or any other organization controlled by the state
448	university or a direct-support organization of the state
449	university, except that traffic laws may be enforced off-campus
450	when hot pursuit originates on or adjacent to any such property
451	or facilities.
452	c. Community college police officers shall have the
453	authority to enforce all the traffic laws of this state only
454	when such violations occur on any property or facilities that
455	are under the guidance, supervision, regulation, or control of
456	the community college system.
457	d. Police officers employed by an airport authority shall
458	have the authority to enforce all of the traffic laws of this
459	state only when such violations occur on any property or
460	facilities that are owned or operated by an airport authority.
461	(I) An airport authority may employ as a parking
462	enforcement specialist any individual who successfully completes
463	a training program established and approved by the Criminal
464	Justice Standards and Training Commission for parking
465	enforcement specialists but who does not otherwise meet the
466	uniform minimum standards established by the commission for law
467	enforcement officers or auxiliary or part-time officers under s.
468	943.12. Nothing in this sub-sub-subparagraph shall be construed
469	to permit the carrying of firearms or other weapons, nor shall
470	such parking enforcement specialist have arrest authority.
471	(II) A parking enforcement specialist employed by an
472	airport authority is authorized to enforce all state, county,
473	and municipal laws and ordinances governing parking only when
474	such violations are on property or facilities owned or operated
475	by the airport authority employing the specialist, by
476	appropriate state, county, or municipal traffic citation.
477	e. The Office of Agricultural Law Enforcement of the
478	Department of Agriculture and Consumer Services shall have the
479	authority to enforce traffic laws of this state.
480	f. School safety officers shall have the authority to
481	enforce all of the traffic laws of this state when such
482	violations occur on or about any property or facilities which
483	are under the guidance, supervision, regulation, or control of
484	the district school board.
485	g. The Division of the Florida Highway Patrol may employ
486	as a traffic accident investigation officer any individual who
487	successfully completes instruction in traffic accident
488	investigation and court presentation through the Selective
489	Traffic Enforcement Program as approved by the Criminal Justice
490	Standards and Training Commission and funded through the
491	National Highway Traffic Safety Administration or a similar
492	program approved by the commission, but who does not necessarily
493	meet the uniform minimum standards established by the commission
494	for law enforcement officers or auxiliary law enforcement
495	officers under chapter 943. Any such traffic accident
496	investigation officer who makes an investigation at the scene of
497	a traffic accident may issue traffic citations, based upon
498	personal investigation, when he or she has reasonable and
499	probable grounds to believe that a person who was involved in
500	the accident committed an offense under this chapter, chapter
501	319, chapter 320, or chapter 322 in connection with the
502	accident. This sub-subparagraph does not permit the carrying of
503	firearms or other weapons, nor do such officers have arrest
504	authority.
505	2. An agency of the state as described in subparagraph 1.
506	is prohibited from establishing a traffic citation quota. A
507	violation of this subparagraph is not subject to the penalties
508	provided in chapter 318.
509	3. Any disciplinary action taken or performance evaluation
510	conducted by an agency of the state as described in subparagraph
511	1. of a law enforcement officer's traffic enforcement activity
512	must be in accordance with written work-performance standards.
513	Such standards must be approved by the agency and any collective
514	bargaining unit representing such law enforcement officer. A
515	violation of this subparagraph is not subject to the penalties
516	provided in chapter 318.
517	Section 7. Section 316.3027, Florida Statutes, and
518	subsection (3) of section 316.610, Florida Statutes, are
519	repealed.
520	Section 8. Paragraph (b) of subsection (5) of section
521	316.1937, Florida Statutes, is amended to read:
522	316.1937 Ignition interlock devices, requiring; unlawful
523	acts.--
524	(5)
525	(b) Any person convicted of a violation of subsection(6)
526	who does not have a driver's license shall, in addition to any
527	other penalty provided by law, pay a fine of not less than $250
528	or more than $500 per each such violation. In the event that the
529	person is unable to pay any such fine, the fine shall become a
530	lien against the motor vehicle used in violation of subsection
531	(6) and payment shall be made pursuant to s. 316.3025(5)(4).
532	Section 9. This act shall take effect upon becoming a law.