| 1 | The Agriculture Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to farm labor vehicles; amending s. |
| 7 | 316.003, F.S.; revising and providing definitions; |
| 8 | repealing s. 316.620, F.S., relating to transportation of |
| 9 | migrant farm workers; creating s. 316.622, F.S.; requiring |
| 10 | owners and operators of farm labor vehicles to conform |
| 11 | such vehicles to certain standards; requiring seat belts |
| 12 | at each passenger position in certain vehicles; requiring |
| 13 | certain operators to display a certain sticker on the |
| 14 | vehicle; requiring a certain sign to be posted in the |
| 15 | vehicle; providing a presumption for injuries sustained by |
| 16 | a worker in a vehicle; providing a rebuttal to the |
| 17 | presumption; providing penalties; amending ss. 320.38, |
| 18 | 322.031, and 450.181, F.S.; conforming language; amending |
| 19 | s. 450.28, F.S.; revising a definition; amending s. |
| 20 | 450.33, F.S.; conforming a cross reference; requiring the |
| 21 | department to issue a vehicle authorization sticker |
| 22 | denoting the authorization of a vehicle for use in the |
| 23 | transportation of farm workers; requiring the display of |
| 24 | the sticker; providing an effective date. |
| 25 |
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| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
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| 28 | Section 1. Subsections (61) and (62) of section 316.003, |
| 29 | Florida Statutes, are amended to read: |
| 30 | 316.003 Definitions.--The following words and phrases, |
| 31 | when used in this chapter, shall have the meanings respectively |
| 32 | ascribed to them in this section, except where the context |
| 33 | otherwise requires: |
| 34 | (61) MIGRANT OR SEASONAL FARM WORKER.--Any person employed |
| 35 | in hand labor operations in the planting, cultivation, or |
| 36 | harvesting of agricultural crops who is not indigenous to, or |
| 37 | domiciled in, the locale where so employed. |
| 38 | (62) FARM LABOR VEHICLE.--Any vehicle designed, used, or |
| 39 | maintained for the transportation of nine or more migrant or |
| 40 | seasonal farm workers, in addition to the driver, to or from a |
| 41 | place of employment or employment-related activities. The term |
| 42 | does not include: |
| 43 | (a) Any vehicle carrying only members of the immediate |
| 44 | family of the owner or driver thereof. |
| 45 | (b) Any vehicle being operated by a common carrier of |
| 46 | passengers. |
| 47 | (c) Any carpool as defined in s. 450.28(3). MIGRANT FARM |
| 48 | WORKER CARRIER.--Any person who transports, or who contracts or |
| 49 | arranges for the transportation of, nine or more migrant farm |
| 50 | workers to or from their employment by motor vehicle other than |
| 51 | a passenger automobile or station wagon, except a migrant farm |
| 52 | worker transporting himself or herself or the migrant farm |
| 53 | worker's immediate family. |
| 54 | Section 2. Section 316.620, Florida Statutes, is repealed. |
| 55 | Section 3. Section 316.622, Florida Statutes, is created |
| 56 | to read: |
| 57 | 316.622 Farm labor vehicles.-- |
| 58 | (1) Each owner or operator of a farm labor vehicle that is |
| 59 | operated on the public highways of this state shall ensure that |
| 60 | such vehicle conforms to vehicle safety standards prescribed by |
| 61 | the Secretary of Labor under s. 401(b) of the Migrant and |
| 62 | Seasonal Agricultural Worker Protection Act, 29 U.S.C. s. |
| 63 | 1841(b), and other applicable federal and state safety |
| 64 | standards. |
| 65 | (2) On or after January 1, 2007, every farm labor vehicle |
| 66 | with a gross vehicle weight rating of 10,000 pounds or less |
| 67 | shall be equipped at each passenger position with a seat belt |
| 68 | assembly that meets the requirements established under Federal |
| 69 | Motor Vehicle Safety Standard No. 208, 49 C.F.R. s. 571.208. |
| 70 | (3) A farm labor contractor may not operate a farm labor |
| 71 | vehicle to transport migrant or seasonal farm workers unless the |
| 72 | display sticker described in s. 450.33 is clearly displayed on |
| 73 | the vehicle. |
| 74 | (4) The owner or operator of a farm labor vehicle shall |
| 75 | have posted in the vehicle at all times a sign, in English and |
| 76 | Spanish, instructing passengers to fasten their seat belts. |
| 77 | (5) Failure of any migrant or seasonal farm worker to use |
| 78 | a seat belt provided by the owner of a farm labor vehicle under |
| 79 | the provisions of this section shall establish a presumption |
| 80 | that subsequent injuries sustained by such migrant or seasonal |
| 81 | farm worker were caused by the failure to use a seat belt as |
| 82 | required in this section. This presumption may be rebutted by |
| 83 | clear and convincing evidence that such migrant or seasonal farm |
| 84 | worker's injuries were caused by the negligence of the owner or |
| 85 | operator of the farm labor vehicle. |
| 86 | (6) A violation of this section is a noncriminal traffic |
| 87 | infraction, punishable as a nonmoving violation as provided in |
| 88 | chapter 318. |
| 89 | Section 4. Section 320.38, Florida Statutes, is amended to |
| 90 | read: |
| 91 | 320.38 When nonresident exemption not allowed.--The |
| 92 | provisions of s. 320.37 authorizing the operation of motor |
| 93 | vehicles over the roads of this state by nonresidents of this |
| 94 | state when such vehicles are duly registered or licensed under |
| 95 | the laws of some other state or foreign country do not apply to |
| 96 | any nonresident who accepts employment or engages in any trade, |
| 97 | profession, or occupation in this state, except a nonresident |
| 98 | migrant or seasonal farm worker as defined in s. 316.003(61). In |
| 99 | every case in which a nonresident, except a nonresident or |
| 100 | seasonal migrant farm worker as defined in s. 316.003(61), |
| 101 | accepts employment or engages in any trade, profession, or |
| 102 | occupation in this state or enters his or her children to be |
| 103 | educated in the public schools of this state, such nonresident |
| 104 | shall, within 10 days after the commencement of such employment |
| 105 | or education, register his or her motor vehicles in this state |
| 106 | if such motor vehicles are proposed to be operated on the roads |
| 107 | of this state. Any person who is enrolled as a student in a |
| 108 | college or university and who is a nonresident but who is in |
| 109 | this state for a period of up to 6 months engaged in a work- |
| 110 | study program for which academic credits are earned from a |
| 111 | college whose credits or degrees are accepted for credit by at |
| 112 | least three accredited institutions of higher learning, as |
| 113 | defined in s. 1005.02, is not required to have a Florida |
| 114 | registration for the duration of the work-study program if the |
| 115 | person's vehicle is properly registered in another jurisdiction. |
| 116 | Any nonresident who is enrolled as a full-time student in such |
| 117 | institution of higher learning is also exempt for the duration |
| 118 | of such enrollment. |
| 119 | Section 5. Subsection (1) of section 322.031, Florida |
| 120 | Statutes, is amended to read: |
| 121 | 322.031 Nonresident; when license required.-- |
| 122 | (1) In every case in which a nonresident, except a |
| 123 | nonresident migrant or seasonal farm worker as defined in s. |
| 124 | 316.003(61), accepts employment or engages in any trade, |
| 125 | profession, or occupation in this state or enters his or her |
| 126 | children to be educated in the public schools of this state, |
| 127 | such nonresident shall, within 30 days after the commencement of |
| 128 | such employment or education, be required to obtain a Florida |
| 129 | driver's license if such nonresident operates a motor vehicle on |
| 130 | the highways of this state. The spouse or dependent child of |
| 131 | such nonresident shall also be required to obtain a Florida |
| 132 | driver's license within that 30-day period prior to operating a |
| 133 | motor vehicle on the highways of this state. |
| 134 | Section 6. Subsection (3) of section 450.181, Florida |
| 135 | Statutes, is amended to read: |
| 136 | 450.181 Definitions.--As used in part II, unless the |
| 137 | context clearly requires a different meaning: |
| 138 | (3) The term "migrant laborer" has the same meaning as |
| 139 | migrant or seasonal farm workers as defined in s. 316.003(61). |
| 140 | Section 7. Subsection (3) of section 450.28, Florida |
| 141 | Statutes, is amended to read: |
| 142 | 450.28 Definitions.-- |
| 143 | (3) "Carpool" means an arrangement made by the workers |
| 144 | themselves using one such worker's own vehicle reached by and |
| 145 | between farm workers for transportation to and from work and for |
| 146 | which the driver or owner of the vehicle is not paid by any |
| 147 | third person other than the members of the carpool. |
| 148 | Section 8. Subsection (9) of section 450.33, Florida |
| 149 | Statutes, is amended, and subsection (12) is added to said |
| 150 | section, to read: |
| 151 | 450.33 Duties of farm labor contractor.--Every farm labor |
| 152 | contractor must: |
| 153 | (9) Produce evidence to the department that each vehicle |
| 154 | he or she uses for the transportation of employees complies with |
| 155 | the requirements and specifications established in chapter 316, |
| 156 | s. 316.622 316.620, or Pub. L. No. 93-518 as amended by Pub. L. |
| 157 | No. 97-470 meeting Department of Transportation requirements or, |
| 158 | in lieu thereof, bears a valid inspection sticker showing that |
| 159 | the vehicle has passed the inspection in the state in which the |
| 160 | vehicle is registered. |
| 161 | (12) Clearly display on each vehicle used to transport |
| 162 | farm workers a display sticker issued by the department. This |
| 163 | display sticker shall indicate that the vehicle is authorized by |
| 164 | the department for use in transporting farm workers and the |
| 165 | expiration date of the authorization. |
| 166 | Section 9. This act shall take effect July 1, 2005. |