Amendment
Bill No. 1697
Amendment No. 149755
CHAMBER ACTION
Senate House
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1Representative(s) Gannon offered the following:
2
3     Amendment (with title amendment)
4     Between lines 3318 and 3319 insert:
5     Section 92.  Subsections (61) and (62) of section 316.003,
6Florida Statutes, are amended to read:
7     316.003  Definitions.--The following words and phrases,
8when used in this chapter, shall have the meanings respectively
9ascribed to them in this section, except where the context
10otherwise requires:
11     (61)  MIGRANT OR SEASONAL FARM WORKER.--Any person employed
12in hand labor operations in the planting, cultivation, or
13harvesting of agricultural crops who is not indigenous to, or
14domiciled in, the locale where so employed.
15     (62)  FARM LABOR VEHICLE.--Any vehicle designed, used, or
16maintained for the transportation of nine or more migrant or
17seasonal farm workers, in addition to the driver, to or from a
18place of employment or employment-related activities. The term
19does not include:
20     (a)  Any vehicle carrying only members of the immediate
21family of the owner or driver thereof.
22     (b)  Any vehicle being operated by a common carrier of
23passengers.
24     (c)  Any carpool as defined in s. 450.28(3). MIGRANT FARM
25WORKER CARRIER.--Any person who transports, or who contracts or
26arranges for the transportation of, nine or more migrant farm
27workers to or from their employment by motor vehicle other than
28a passenger automobile or station wagon, except a migrant farm
29worker transporting himself or herself or the migrant farm
30worker's immediate family.
31     Section 93.  Section 316.620, Florida Statutes, is
32repealed.
33     Section 94.  Section 316.622, Florida Statutes, is created
34to read:
35     316.622  Farm labor vehicles.--
36     (1)  Each owner or operator of a farm labor vehicle that is
37operated on the public highways of this state shall ensure that
38such vehicle conforms to vehicle safety standards prescribed by
39the Secretary of Labor under s. 401(b) of the Migrant and
40Seasonal Agricultural Worker Protection Act, 29 U.S.C. s.
411841(b), and other applicable federal and state safety
42standards.
43     (2)  On or after January 1, 2007, every farm labor vehicle
44with a gross vehicle weight rating of 10,000 pounds or less
45shall be equipped at each passenger position with a seat belt
46assembly that meets the requirements established under Federal
47Motor Vehicle Safety Standard No. 208, 49 C.F.R. s. 571.208.
48     (3)  A farm labor contractor may not operate a farm labor
49vehicle to transport migrant or seasonal farm workers unless the
50display sticker described in s. 450.33 is clearly displayed on
51the vehicle.
52     (4)  The owner or operator of a farm labor vehicle shall
53have prominently displayed in the vehicle at all times, a
54standardized notification instructing passengers to fasten their
55seatbelts. The Department of Highway Safety and Motor Vehicles
56shall create the official notification which shall be a standard
57size and design to be used statewide.
58     (5)  A violation of the provisions of this section shall
59not constitute negligence per se, nor shall such violation be
60used as prima facie evidence of negligence or be considered in
61mitigation of damages, but such violation may be considered as
62evidence of comparative negligence, in any civil action.
63     (6)  A violation of this section is a noncriminal traffic
64infraction, punishable as a nonmoving violation as provided in
65chapter 318.
66     Section 95.  Section 320.38, Florida Statutes, is amended
67to read:
68     320.38  When nonresident exemption not allowed.--The
69provisions of s. 320.37 authorizing the operation of motor
70vehicles over the roads of this state by nonresidents of this
71state when such vehicles are duly registered or licensed under
72the laws of some other state or foreign country do not apply to
73any nonresident who accepts employment or engages in any trade,
74profession, or occupation in this state, except a nonresident
75migrant or seasonal farm worker as defined in s. 316.003(61). In
76every case in which a nonresident, except a nonresident or
77seasonal migrant farm worker as defined in s. 316.003(61),
78accepts employment or engages in any trade, profession, or
79occupation in this state or enters his or her children to be
80educated in the public schools of this state, such nonresident
81shall, within 10 days after the commencement of such employment
82or education, register his or her motor vehicles in this state
83if such motor vehicles are proposed to be operated on the roads
84of this state. Any person who is enrolled as a student in a
85college or university and who is a nonresident but who is in
86this state for a period of up to 6 months engaged in a work-
87study program for which academic credits are earned from a
88college whose credits or degrees are accepted for credit by at
89least three accredited institutions of higher learning, as
90defined in s. 1005.02, is not required to have a Florida
91registration for the duration of the work-study program if the
92person's vehicle is properly registered in another jurisdiction.
93Any nonresident who is enrolled as a full-time student in such
94institution of higher learning is also exempt for the duration
95of such enrollment.
96     Section 96.  Subsection (1) of section 322.031, Florida
97Statutes, is amended to read:
98     322.031  Nonresident; when license required.--
99     (1)  In every case in which a nonresident, except a
100nonresident migrant or seasonal farm worker as defined in s.
101316.003(61), accepts employment or engages in any trade,
102profession, or occupation in this state or enters his or her
103children to be educated in the public schools of this state,
104such nonresident shall, within 30 days after the commencement of
105such employment or education, be required to obtain a Florida
106driver's license if such nonresident operates a motor vehicle on
107the highways of this state. The spouse or dependent child of
108such nonresident shall also be required to obtain a Florida
109driver's license within that 30-day period prior to operating a
110motor vehicle on the highways of this state.
111     Section 97.  Subsection (3) of section 450.181, Florida
112Statutes, is amended to read:
113     450.181  Definitions.--As used in part II, unless the
114context clearly requires a different meaning:
115     (3)  The term "migrant laborer" has the same meaning as
116migrant or seasonal farm workers as defined in s. 316.003(61).
117     Section 98.  Subsection (3) of section 450.28, Florida
118Statutes, is amended to read:
119     450.28  Definitions.--
120     (3)  "Carpool" means an arrangement made by the workers
121themselves using one such worker's own vehicle reached by and
122between farm workers for transportation to and from work and for
123which the driver or owner of the vehicle is not paid by any
124third person other than the members of the carpool.
125     Section 99.  Subsection (9) of section 450.33, Florida
126Statutes, is amended, and subsection (12) is added to that
127section, to read:
128     450.33  Duties of farm labor contractor.--Every farm labor
129contractor must:
130     (9)  Produce evidence to the department that each vehicle
131he or she uses for the transportation of employees complies with
132the requirements and specifications established in chapter 316,
133s. 316.622 316.620, or Pub. L. No. 93-518 as amended by Pub. L.
134No. 97-470 meeting Department of Transportation requirements or,
135in lieu thereof, bears a valid inspection sticker showing that
136the vehicle has passed the inspection in the state in which the
137vehicle is registered.
138     (12)  Clearly display on each vehicle used to transport
139farm workers a display sticker issued by the department. This
140display sticker shall indicate that the vehicle is authorized by
141the department for use in transporting farm workers and the
142expiration date of the authorization.
143
144
145================ T I T L E  A M E N D M E N T =============
146     Remove line 266 and insert:
147municipality; revising penalties; amending s. 316.003,
148F.S.; revising and providing definitions; repealing s.
149316.620, F.S., relating to transportation of migrant farm
150workers; creating s. 316.622, F.S.; requiring owners and
151operators of farm labor vehicles to conform such vehicles
152to certain standards; requiring seat belts at each
153passenger position in certain vehicles; requiring certain
154operators to display a certain sticker on the vehicle;
155requiring a certain sign to be displayed in the vehicle;
156providing that a violation shall not constitute negligence
157and shall not be considered in mitigation of damages;
158providing for consideration of a violation as evidence of
159comparative fault in a civil action; providing penalties;
160amending ss. 320.38, 322.031, and 450.181, F.S.;
161conforming provisions; amending s. 450.28, F.S.; revising
162a definition; amending s. 450.33, F.S.; conforming a cross
163reference; requiring the department to issue a vehicle
164authorization sticker denoting the authorization of a
165vehicle for use in the transportation of farm workers;
166requiring the display of the sticker; providing effective


CODING: Words stricken are deletions; words underlined are additions.