| 1 | A bill to be entitled |
| 2 | An act relating to farm labor vehicles; amending s. |
| 3 | 316.003, F.S.; revising the terms "migrant farm worker" |
| 4 | and "migrant farm worker carrier"; amending s. 316.620, |
| 5 | F.S.; requiring owners and operators of farm labor |
| 6 | vehicles to conform such vehicles to certain standards; |
| 7 | requiring certain seatbelts at each passenger position in |
| 8 | the vehicle; requiring owners of such vehicles to properly |
| 9 | maintain the seatbelts; requiring use of the seatbelts |
| 10 | during operation of the vehicle; providing for exemption; |
| 11 | requiring the Department of Highway Safety and Motor |
| 12 | Vehicles to adopt certain rules; requiring certain |
| 13 | operators to have departmental authorization to operate |
| 14 | the vehicle; requiring certain operators to display a |
| 15 | certain sticker on the vehicle; providing penalties; |
| 16 | amending ss. 320.38, 322.031, and 450.181, F.S.; |
| 17 | conforming language; amending s. 450.33, F.S.; requiring |
| 18 | the department to create a vehicle authorization sticker |
| 19 | denoting the authorization of a vehicle for use in the |
| 20 | transportation of farm workers; requiring the display of |
| 21 | the sticker; providing an effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. Subsections (61) and (62) of section 316.003, |
| 26 | Florida Statutes, are amended to read: |
| 27 | 316.003 Definitions.--The following words and phrases, |
| 28 | when used in this chapter, shall have the meanings respectively |
| 29 | ascribed to them in this section, except where the context |
| 30 | otherwise requires: |
| 31 | (61) MIGRANT FARM WORKER.--Any person employed in the |
| 32 | planting, cultivation, or harvesting of agricultural crops who |
| 33 | is not indigenous to, or domiciled in, the locale where so |
| 34 | employed. |
| 35 | (62) FARM LABOR VEHICLE MIGRANT FARM WORKER CARRIER.--Any |
| 36 | vehicle designed, used, or maintained for the transportation of |
| 37 | nine or more farm workers, in addition to the driver, to or from |
| 38 | a place of employment or employment-related activities. The term |
| 39 | does not include any vehicle carrying only members of the |
| 40 | immediate family of the owner or driver, or any vehicle being |
| 41 | operated by a common carrier of passengers. Any person who |
| 42 | transports, or who contracts or arranges for the transportation |
| 43 | of, nine or more migrant farm workers to or from their |
| 44 | employment by motor vehicle other than a passenger automobile or |
| 45 | station wagon, except a migrant farm worker transporting himself |
| 46 | or herself or the migrant farm worker's immediate family. |
| 47 | Section 2. Section 316.620, Florida Statutes, is amended |
| 48 | to read: |
| 49 | 316.620 Farm labor vehicles Transportation of migrant farm |
| 50 | workers.--All owners and operators of farm labor vehicles that |
| 51 | operate on the public highways of this state shall ensure that |
| 52 | such vehicles Every carrier of migrant farm workers shall |
| 53 | systematically inspect and maintain, or cause to be |
| 54 | systematically maintained, all motor vehicles and their |
| 55 | accessories subject to its control to ensure that such motor |
| 56 | vehicles and accessories are in safe and proper operating |
| 57 | condition in accordance with the provisions of this chapter. |
| 58 | (1) COMPLIANCE.--All owners and operators of farm labor |
| 59 | vehicles Every carrier of migrant farm workers, and its |
| 60 | officers, agents, drivers, representatives and employees |
| 61 | directly concerned with the installation and maintenance of |
| 62 | equipment and accessories, shall comply and be conversant with |
| 63 | the requirements and specifications of this section, and no farm |
| 64 | labor vehicle shall be operated, or caused or permitted to be |
| 65 | operated, carrier of migrant farm workers shall operate any |
| 66 | motor vehicle over the public highways of this state, or cause |
| 67 | or permit it to be operated, unless it is equipped in accordance |
| 68 | with said requirements and specifications. |
| 69 | (2) COUPLING DEVICES; FIFTH WHEEL MOUNTING AND |
| 70 | LOCKING.--The lower half of every fifth wheel mounted on any |
| 71 | truck tractor or dolly shall be securely affixed to the frame |
| 72 | thereof by U-bolts of adequate size, securely tightened, or by |
| 73 | other means providing at least equivalent security. Such U-bolts |
| 74 | shall not be of welded construction. The installation shall be |
| 75 | such as not to cause cracking, warping, or deformation of the |
| 76 | frames. Adequate means shall be provided positively to prevent |
| 77 | the shifting of the lower half of a fifth wheel on the frame to |
| 78 | which it is attached. The upper half of every fifth wheel shall |
| 79 | be fastened to the motor vehicle with at least the security |
| 80 | required for the securing of the lower half to a truck tractor |
| 81 | or dolly. Locking means shall be provided in every fifth wheel |
| 82 | mechanism including adaptors when used, so that the upper and |
| 83 | lower halves may not be separated without the operation of a |
| 84 | positive manual release. A release mechanism operated by the |
| 85 | driver from the cab shall be deemed to meet this requirement. On |
| 86 | fifth wheels designed and constructed as to be readily |
| 87 | separable, the fifth wheel locking devices shall apply |
| 88 | automatically on coupling for any motor vehicle the date of |
| 89 | manufacture of which is subsequent to December 31, 1952. |
| 90 | (3) TIRES.--Every motor vehicle shall be equipped with |
| 91 | tires of adequate capacity to support its gross weight. No motor |
| 92 | vehicle shall be operated on tires which have been worn so |
| 93 | smooth as to expose any tread fabric or which have any other |
| 94 | defect likely to cause failure. No vehicle shall be operated |
| 95 | while transporting passengers while using any tire which does |
| 96 | not have tread configurations on that part of the tire which is |
| 97 | in contact with the road surface. No vehicle transporting |
| 98 | passengers shall be operated with regrooved, recapped, or |
| 99 | retreaded tires on front wheels. |
| 100 | (4) PASSENGER COMPARTMENT.--Every motor vehicle |
| 101 | transporting passengers, other than a bus, shall have a |
| 102 | passenger compartment meeting the following requirements: |
| 103 | (a) Floors.--There shall be a substantially smooth floor, |
| 104 | without protruding obstructions more than 2 inches high, except |
| 105 | as are necessary for securing seats or other devices to the |
| 106 | floor, and without cracks or holes. |
| 107 | (b) Sides.--Sidewalls and ends shall be above the floor at |
| 108 | least 60 inches high, by attachment of sideboards to the |
| 109 | permanent body construction if necessary. Stake body |
| 110 | construction shall be construed to comply with this requirement |
| 111 | only if all 6-inch or larger spaces between stakes are suitably |
| 112 | closed to prevent passengers from falling off the vehicle. |
| 113 | (c) Nails, screws, splinters.--The floor and the interior |
| 114 | of the sides and ends of the passenger-carrying space shall be |
| 115 | free of inwardly protruding nails, screws, splinters, or other |
| 116 | projecting objects, likely to be injurious to passengers or |
| 117 | their apparel. |
| 118 | (d) Seats.--A seat shall be provided for each worker |
| 119 | transported. The seats shall be securely attached to the vehicle |
| 120 | during the course of transportation; not less than 16 inches nor |
| 121 | more than 19 inches above the floor; at least 13 inches deep; |
| 122 | equipped with back rests extending to a height of at least 36 |
| 123 | inches above the floor, with at least 24 inches of space between |
| 124 | the back rests or between the edges of the opposite seats when |
| 125 | face-to-face; designed to provide at least 18 inches of seat for |
| 126 | each passenger; without cracks more than 1/4-inch wide, and the |
| 127 | back rest, if slatted, without cracks more than 2 inches wide; |
| 128 | and the exposed surfaces, if made of wood, planed or sanded |
| 129 | smooth and free of splinters. |
| 130 | (e) Protection from the weather.--Whenever necessary to |
| 131 | protect the passengers from inclement weather conditions, the |
| 132 | passenger compartment shall be equipped with a top at least 80 |
| 133 | inches high above the floor and facilities for closing the sides |
| 134 | and ends of the passenger-carrying compartment. Tarpaulins or |
| 135 | other such removable devices for protection from the weather |
| 136 | shall be secured in place. |
| 137 | (f) Exit.--Adequate means of ingress and egress to and |
| 138 | from the passenger space shall be provided on the rear or at the |
| 139 | right side Such means of ingress and egress shall be at least 18 |
| 140 | inches wide. The top and the clear opening shall be at least 60 |
| 141 | inches high, or as high as the sidewall of the passenger space |
| 142 | if less than 60 inches. The bottom shall be at the floor of the |
| 143 | passenger space. |
| 144 | (g) Gates or doors.--Gates or doors shall be provided to |
| 145 | close the means of ingress and egress, and each such gate or |
| 146 | door shall be equipped with at least one latch or other |
| 147 | fastening device of such construction as to keep the gate or |
| 148 | door securely closed during the course of transportation and |
| 149 | readily operative without the use of tools. |
| 150 | (h) Ladders or steps.--Ladders or steps for the purpose of |
| 151 | ingress or egress shall be used when necessary. The maximum |
| 152 | vertical spacing of footholes shall not exceed 12 inches, except |
| 153 | that the lowest step may be not more than 18 inches above the |
| 154 | ground when the vehicle is empty. |
| 155 | (i) Handholds.--Handholds or devices for similar purpose |
| 156 | shall be provided to permit ingress and egress without hazard to |
| 157 | passengers. |
| 158 | (j) Emergency exit.--Vehicles with permanently affixed |
| 159 | roofs shall be equipped with at least one emergency exit having |
| 160 | a gate or door, latch, and handhold as prescribed in paragraphs |
| 161 | (g) and (i) and located on a side or rear not equipped with the |
| 162 | exit prescribed in paragraph (f). |
| 163 | (k) Communication with driver.--Means shall be provided to |
| 164 | enable the passengers to communicate with the driver. Such means |
| 165 | may include telephone, speaker tubes, buzzers, pull cords, or |
| 166 | other mechanical or electrical means. |
| 167 | (l) Seatbelts.-- |
| 168 | 1. Except as authorized under sub-subparagraph 4.a., every |
| 169 | farm labor vehicle shall be equipped at each passenger position |
| 170 | with a Type 1 or Type 2 seatbelt assembly, conforming to the |
| 171 | specifications set forth in Section 571.209 of Title 49 of the |
| 172 | Code of Federal Regulations, anchored to the vehicle in a manner |
| 173 | that conforms to the specifications of Section 571.210 of Title |
| 174 | 49 of the Code of Federal Regulations. |
| 175 | 2. The owner of a farm labor vehicle shall maintain all |
| 176 | seatbelt assemblies and seatbelt assembly anchorages in good |
| 177 | working order for the use of passengers. |
| 178 | 3. Except as authorized under sub-subparagraph 4.a., no |
| 179 | person may operate a farm labor vehicle on a highway unless that |
| 180 | person and all passengers are properly restrained by a seatbelt |
| 181 | assembly that conforms to this paragraph. |
| 182 | 4.a. On or before December 31, 2006, this paragraph does |
| 183 | not apply to a farm labor vehicle that meets all state and |
| 184 | federal standards for safety and construction and is not |
| 185 | currently required to have seatbelts in use. |
| 186 | b. On or after January 1, 2007, any farm labor vehicle |
| 187 | that meets the conditions set forth in sub-subparagraph a. shall |
| 188 | be equipped at each passenger position with a seatbelt assembly |
| 189 | as described in subparagraph 1., unless exempted from this |
| 190 | requirement by rule. |
| 191 | 5. The department shall adopt rules to implement this |
| 192 | paragraph. |
| 193 | (5) PROTECTION FROM COLD.--Every motor vehicle shall be |
| 194 | provided with a safe means of protecting passengers from cold or |
| 195 | undue exposure, but in no event shall heaters of the following |
| 196 | types be used: |
| 197 | (a) Exhaust heaters.--Any type of exhaust heater in which |
| 198 | the engine exhaust gases are conducted into or through any space |
| 199 | occupied by persons or any heater which conducts engine |
| 200 | compartment air into such space. |
| 201 | (b) Unenclosed flame heaters.--Any type of heater |
| 202 | employing a flame which is not fully enclosed. |
| 203 | (c) Heaters permitting fuel leakage.--Any type of heater |
| 204 | from the burner of which there could be spillage or leakage of |
| 205 | fuel from the tilting or overturning of the vehicle in which it |
| 206 | is mounted. |
| 207 | (d) Heaters permitting air contamination.--Any heater |
| 208 | taking air, heated or to be heated, from the engine compartment |
| 209 | or from direct contact with any portion of the exhaust system; |
| 210 | or any heater taking air in ducts from the outside atmosphere to |
| 211 | be conveyed through the engine compartment, unless said ducts |
| 212 | are so constructed and installed as to prevent contamination of |
| 213 | the air so conveyed by exhaust or engine compartment gases. |
| 214 | (e) Heaters not attached.--Any heater not securely |
| 215 | fastened to the vehicle. |
| 216 | (6) FARM LABOR CONTRACTORS NOT APPLICABLE TO COMMON |
| 217 | CARRIERS.--No farm labor contractor may operate a farm labor |
| 218 | vehicle to transport farm workers unless the contractor: |
| 219 | (a) Is authorized to do so by the Department of Business |
| 220 | and Professional Regulation. |
| 221 | (b) Clearly displays the authorization sticker as |
| 222 | described in s. 450.33(12) on the vehicle. This section shall |
| 223 | not apply to common carriers of passengers. |
| 224 | (7) VIOLATIONS.--A violation of this section is a |
| 225 | noncriminal traffic infraction, punishable as a nonmoving |
| 226 | violation as provided in chapter 318. |
| 227 | Section 3. Section 320.38, Florida Statutes, is amended to |
| 228 | read: |
| 229 | 320.38 When nonresident exemption not allowed.--The |
| 230 | provisions of s. 320.37 authorizing the operation of motor |
| 231 | vehicles over the roads of this state by nonresidents of this |
| 232 | state when such vehicles are duly registered or licensed under |
| 233 | the laws of some other state or foreign country do not apply to |
| 234 | any nonresident who accepts employment or engages in any trade, |
| 235 | profession, or occupation in this state, except a nonresident |
| 236 | migrant farm worker as defined in s. 316.003(61). In every case |
| 237 | in which a nonresident, except a nonresident migrant farm worker |
| 238 | as defined in s. 316.003(61), accepts employment or engages in |
| 239 | any trade, profession, or occupation in this state or enters his |
| 240 | or her children to be educated in the public schools of this |
| 241 | state, such nonresident shall, within 10 days after the |
| 242 | commencement of such employment or education, register his or |
| 243 | her motor vehicles in this state if such motor vehicles are |
| 244 | proposed to be operated on the roads of this state. Any person |
| 245 | who is enrolled as a student in a college or university and who |
| 246 | is a nonresident but who is in this state for a period of up to |
| 247 | 6 months engaged in a work-study program for which academic |
| 248 | credits are earned from a college whose credits or degrees are |
| 249 | accepted for credit by at least three accredited institutions of |
| 250 | higher learning, as defined in s. 1005.02, is not required to |
| 251 | have a Florida registration for the duration of the work-study |
| 252 | program if the person's vehicle is properly registered in |
| 253 | another jurisdiction. Any nonresident who is enrolled as a full- |
| 254 | time student in such institution of higher learning is also |
| 255 | exempt for the duration of such enrollment. |
| 256 | Section 4. Subsection (1) of section 322.031, Florida |
| 257 | Statutes, is amended to read: |
| 258 | 322.031 Nonresident; when license required.-- |
| 259 | (1) In every case in which a nonresident, except a |
| 260 | nonresident migrant farm worker as defined in s. 316.003(61), |
| 261 | accepts employment or engages in any trade, profession, or |
| 262 | occupation in this state or enters his or her children to be |
| 263 | educated in the public schools of this state, such nonresident |
| 264 | shall, within 30 days after the commencement of such employment |
| 265 | or education, be required to obtain a Florida driver's license |
| 266 | if such nonresident operates a motor vehicle on the highways of |
| 267 | this state. The spouse or dependent child of such nonresident |
| 268 | shall also be required to obtain a Florida driver's license |
| 269 | within that 30-day period prior to operating a motor vehicle on |
| 270 | the highways of this state. |
| 271 | Section 5. Subsection (3) of section 450.181, Florida |
| 272 | Statutes, is amended to read: |
| 273 | 450.181 Definitions.--As used in part II, unless the |
| 274 | context clearly requires a different meaning: |
| 275 | (3) The term "migrant laborer" has the same meaning as |
| 276 | migrant farm workers as defined in s. 316.003(61). |
| 277 | Section 6. Subsection (12) is added to section 450.33, |
| 278 | Florida Statutes, to read: |
| 279 | 450.33 Duties of farm labor contractor.--Every farm labor |
| 280 | contractor must: |
| 281 | (12) Clearly display on each vehicle used to transport |
| 282 | farm workers a farm worker transportation authorization sticker |
| 283 | that is to be developed along with any application by the |
| 284 | department by rule. This sticker shall state that the vehicle is |
| 285 | authorized by the department for use in transporting farm |
| 286 | workers as well as the expiration date of the authorization. |
| 287 | Section 7. This act shall take effect July 1, 2005. |