Senate Bill sb1874c1

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    Florida Senate - 2005                           CS for SB 1874

    By the Committee on Transportation; and Senators Alexander and
    Hill




    596-2001-05

  1                      A bill to be entitled

  2         An act relating to farm labor vehicles;

  3         amending s. 316.003, F.S.; revising and

  4         providing definitions; repealing s. 316.620,

  5         F.S., relating to transportation of migrant

  6         farm workers; creating s. 316.622, F.S.;

  7         requiring owners and operators of farm labor

  8         vehicles to conform such vehicles to certain

  9         standards; requiring seat belts at each

10         passenger position in certain vehicles;

11         requiring certain operators to display a

12         certain sticker on the vehicle; requiring a

13         certain sign to be displayed in the vehicle;

14         providing a penalty; amending ss. 320.38,

15         322.031, and 450.181, F.S.; conforming

16         provisions; amending s. 450.28, F.S.; revising

17         a definition; amending s. 450.33, F.S.;

18         conforming a cross-reference; requiring the

19         department to issue a vehicle authorization

20         sticker denoting the authorization of a vehicle

21         for use in the transportation of farm workers;

22         requiring the display of the sticker; providing

23         an effective date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Subsections (61) and (62) of section

28  316.003, Florida Statutes, are amended to read:

29         316.003  Definitions.--The following words and phrases,

30  when used in this chapter, shall have the meanings

31  

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    Florida Senate - 2005                           CS for SB 1874
    596-2001-05




 1  respectively ascribed to them in this section, except where

 2  the context otherwise requires:

 3         (61)  MIGRANT OR SEASONAL FARM WORKER.--Any person

 4  employed in hand labor operations in the planting,

 5  cultivation, or harvesting of agricultural crops who is not

 6  indigenous to, or domiciled in, the locale where so employed.

 7         (62)  FARM LABOR VEHICLE.--Any vehicle designed, used,

 8  or maintained for the transportation of nine or more migrant

 9  or seasonal farm workers, in addition to the driver, to or

10  from a place of employment or employment-related activities.

11  The term does not include:

12         (a)  Any vehicle carrying only members of the immediate

13  family of the owner or driver thereof.

14         (b)  Any vehicle being operated by a common carrier of

15  passengers.

16         (c)  Any carpool as defined in s. 450.28(3). MIGRANT

17  FARM WORKER CARRIER.--Any person who transports, or who

18  contracts or arranges for the transportation of, nine or more

19  migrant farm workers to or from their employment by motor

20  vehicle other than a passenger automobile or station wagon,

21  except a migrant farm worker transporting himself or herself

22  or the migrant farm worker's immediate family.

23         Section 2.  Section 316.620, Florida Statutes, is

24  repealed.

25         Section 3.  Section 316.622, Florida Statutes, is

26  created to read:

27         316.622  Farm labor vehicles.--

28         (1)  Each owner or operator of a farm labor vehicle

29  that is operated on the public highways of this state shall

30  ensure that such vehicle conforms to vehicle safety standards

31  prescribed by the Secretary of Labor under s. 401(b) of the

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    Florida Senate - 2005                           CS for SB 1874
    596-2001-05




 1  Migrant and Seasonal Agricultural Worker Protection Act, 29

 2  U.S.C. s. 1841(b), and other applicable federal and state

 3  safety standards.

 4         (2)  On or after January 1, 2007, every farm labor

 5  vehicle with a gross vehicle weight rating of 10,000 pounds or

 6  less shall be equipped at each passenger position with a seat

 7  belt assembly that meets the requirements established under

 8  Federal Motor Vehicle Safety Standard No. 208, 49 C.F.R. s.

 9  571.208.

10         (3)  A farm labor contractor may not operate a farm

11  labor vehicle to transport migrant or seasonal farm workers

12  unless the display sticker described in s. 450.33 is clearly

13  displayed on the vehicle.

14         (4)  The owner or operator of a farm labor vehicle

15  shall have prominently displayed in the vehicle at all times,

16  a standardized notification instructing passengers to fasten

17  their seatbelts. The Department of Highway Safety and Motor

18  Vehicles shall create the official notification that shall be

19  a standard size and design to be used statewide.

20         (5)  A violation of this section is a noncriminal

21  traffic infraction, punishable as a nonmoving violation as

22  provided in chapter 318.

23         Section 4.  Section 320.38, Florida Statutes, is

24  amended to read:

25         320.38  When nonresident exemption not allowed.--The

26  provisions of s. 320.37 authorizing the operation of motor

27  vehicles over the roads of this state by nonresidents of this

28  state when such vehicles are duly registered or licensed under

29  the laws of some other state or foreign country do not apply

30  to any nonresident who accepts employment or engages in any

31  trade, profession, or occupation in this state, except a

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    Florida Senate - 2005                           CS for SB 1874
    596-2001-05




 1  nonresident migrant or seasonal farm worker as defined in s.

 2  316.003(61). In every case in which a nonresident, except a

 3  nonresident or seasonal migrant farm worker as defined in s.

 4  316.003(61), accepts employment or engages in any trade,

 5  profession, or occupation in this state or enters his or her

 6  children to be educated in the public schools of this state,

 7  such nonresident shall, within 10 days after the commencement

 8  of such employment or education, register his or her motor

 9  vehicles in this state if such motor vehicles are proposed to

10  be operated on the roads of this state. Any person who is

11  enrolled as a student in a college or university and who is a

12  nonresident but who is in this state for a period of up to 6

13  months engaged in a work-study program for which academic

14  credits are earned from a college whose credits or degrees are

15  accepted for credit by at least three accredited institutions

16  of higher learning, as defined in s. 1005.02, is not required

17  to have a Florida registration for the duration of the

18  work-study program if the person's vehicle is properly

19  registered in another jurisdiction. Any nonresident who is

20  enrolled as a full-time student in such institution of higher

21  learning is also exempt for the duration of such enrollment.

22         Section 5.  Subsection (1) of section 322.031, Florida

23  Statutes, is amended to read:

24         322.031  Nonresident; when license required.--

25         (1)  In every case in which a nonresident, except a

26  nonresident migrant or seasonal farm worker as defined in s.

27  316.003(61), accepts employment or engages in any trade,

28  profession, or occupation in this state or enters his or her

29  children to be educated in the public schools of this state,

30  such nonresident shall, within 30 days after the commencement

31  of such employment or education, be required to obtain a

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    Florida Senate - 2005                           CS for SB 1874
    596-2001-05




 1  Florida driver's license if such nonresident operates a motor

 2  vehicle on the highways of this state. The spouse or dependent

 3  child of such nonresident shall also be required to obtain a

 4  Florida driver's license within that 30-day period prior to

 5  operating a motor vehicle on the highways of this state.

 6         Section 6.  Subsection (3) of section 450.181, Florida

 7  Statutes, is amended to read:

 8         450.181  Definitions.--As used in part II, unless the

 9  context clearly requires a different meaning:

10         (3)  The term "migrant laborer" has the same meaning as

11  migrant or seasonal farm workers as defined in s. 316.003(61).

12         Section 7.  Subsection (3) of section 450.28, Florida

13  Statutes, is amended to read:

14         450.28  Definitions.--

15         (3)  "Carpool" means an arrangement made by the workers

16  themselves using one such worker's own vehicle reached by and

17  between farm workers for transportation to and from work and

18  for which the driver or owner of the vehicle is not paid by

19  any third person other than the members of the carpool.

20         Section 8.  Subsection (9) of section 450.33, Florida

21  Statutes, is amended, and subsection (12) is added to that

22  section, to read:

23         450.33  Duties of farm labor contractor.--Every farm

24  labor contractor must:

25         (9)  Produce evidence to the department that each

26  vehicle he or she uses for the transportation of employees

27  complies with the requirements and specifications established

28  in chapter 316, s. 316.622 316.620, or Pub. L. No. 93-518 as

29  amended by Pub. L. No. 97-470 meeting Department of

30  Transportation requirements or, in lieu thereof, bears a valid

31  

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    Florida Senate - 2005                           CS for SB 1874
    596-2001-05




 1  inspection sticker showing that the vehicle has passed the

 2  inspection in the state in which the vehicle is registered.

 3         (12)  Clearly display on each vehicle used to transport

 4  farm workers a display sticker issued by the department. This

 5  display sticker shall indicate that the vehicle is authorized

 6  by the department for use in transporting farm workers and the

 7  expiration date of the authorization.

 8         Section 9.  This act shall take effect July 1, 2005.

 9  

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                         Senate Bill 1874

12                                 

13  This CS redefines "migrant farm worker" as "migrant or
    seasonal farm worker" limiting the definition to any person
14  employed in hand labor operations in the planting,
    cultivation, or harvesting of agricultural crops. The CS
15  amends the definition of "farm labor vehicle" to exclude
    "carpool" as defined and clarified in s. 450.28(3), F.S.
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