| 1 | Representative(s) Harrell offered the following: |
| 2 |
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| 3 | Amendment to Amendment (725477) (with directory and title |
| 4 | amendments) |
| 5 | Between lines 66 and 67, insert: |
| 6 | Section 3. Section 316.1576, Florida Statutes, is created |
| 7 | to read: |
| 8 | 316.1576 Insufficient clearance at a railroad-highway |
| 9 | grade crossing.-- |
| 10 | (1) A person may not drive any vehicle through a railroad- |
| 11 | highway grade crossing that does not have sufficient space to |
| 12 | drive completely through the crossing without stopping. |
| 13 | (2) A person may not drive any vehicle through a railroad- |
| 14 | highway grade crossing that does not have sufficient |
| 15 | undercarriage clearance to drive completely through the crossing |
| 16 | without stopping. |
| 17 | (3) A violation of this section is a noncriminal traffic |
| 18 | infraction, punishable as a moving violation as provided in |
| 19 | chapter 318. |
| 20 | Section 4. Section 316.1577, Florida Statutes, is created |
| 21 | to read: |
| 22 | 316.1577 Employer responsibility for violations pertaining |
| 23 | to railroad-highway grade crossings.-- |
| 24 | (1) An employer may not knowingly allow, require, permit, |
| 25 | or authorize a driver to operate a commercial motor vehicle in |
| 26 | violation of a federal, state, or local law or rule pertaining |
| 27 | to railroad-highway grade crossings. |
| 28 | (2) A person who violates subsection (1) is subject to a |
| 29 | civil penalty of not more than $10,000. |
| 30 | Section 5. Paragraph (b) of subsection (1) of section |
| 31 | 316.302, Florida Statutes, is amended to read: |
| 32 | 316.302 Commercial motor vehicles; safety regulations; |
| 33 | transporters and shippers of hazardous materials; enforcement.-- |
| 34 | (1) |
| 35 | (b) Except as otherwise provided in this section, all |
| 36 | owners or drivers of commercial motor vehicles that are engaged |
| 37 | in intrastate commerce are subject to the rules and regulations |
| 38 | contained in 49 C.F.R. parts 382, 385, and 390-397, with the |
| 39 | exception of 49 C.F.R. s. 390.5 as it relates to the definition |
| 40 | of bus, as such rules and regulations existed on October 1, 2004 |
| 41 | 2002. |
| 42 | Section 6. Subsections (9) and (10) of section 318.14, |
| 43 | Florida Statutes, are amended to read: |
| 44 | 318.14 Noncriminal traffic infractions; exception; |
| 45 | procedures.-- |
| 46 | (9) Any person who does not hold a commercial driver's |
| 47 | license and who is cited for an infraction under this section |
| 48 | other than a violation of s. 320.0605, s. 320.07(3)(a) or (b), |
| 49 | s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu |
| 50 | of a court appearance, elect to attend in the location of his or |
| 51 | her choice within this state a basic driver improvement course |
| 52 | approved by the Department of Highway Safety and Motor Vehicles. |
| 53 | In such a case, adjudication must be withheld; points, as |
| 54 | provided by s. 322.27, may not be assessed; and the civil |
| 55 | penalty that is imposed by s. 318.18(3) must be reduced by 18 |
| 56 | percent; however, a person may not make an election under this |
| 57 | subsection if the person has made an election under this |
| 58 | subsection in the preceding 12 months. A person may make no more |
| 59 | than five elections under this subsection. The requirement for |
| 60 | community service under s. 318.18(8) is not waived by a plea of |
| 61 | nolo contendere or by the withholding of adjudication of guilt |
| 62 | by a court. |
| 63 | (10)(a) Any person who does not hold a commercial driver's |
| 64 | license and who is cited for an offense listed under this |
| 65 | subsection may, in lieu of payment of fine or court appearance, |
| 66 | elect to enter a plea of nolo contendere and provide proof of |
| 67 | compliance to the clerk of the court or authorized operator of a |
| 68 | traffic violations bureau. In such case, adjudication shall be |
| 69 | withheld; however, no election shall be made under this |
| 70 | subsection if such person has made an election under this |
| 71 | subsection in the 12 months preceding election hereunder. No |
| 72 | person may make more than three elections under this subsection. |
| 73 | This subsection applies to the following offenses: |
| 74 | 1. Operating a motor vehicle without a valid driver's |
| 75 | license in violation of the provisions of s. 322.03, s. 322.065, |
| 76 | or s. 322.15(1), or operating a motor vehicle with a license |
| 77 | which has been suspended for failure to appear, failure to pay |
| 78 | civil penalty, or failure to attend a driver improvement course |
| 79 | pursuant to s. 322.291. |
| 80 | 2. Operating a motor vehicle without a valid registration |
| 81 | in violation of s. 320.0605, s. 320.07, or s. 320.131. |
| 82 | 3. Operating a motor vehicle in violation of s. 316.646. |
| 83 | (b) Any person cited for an offense listed in this |
| 84 | subsection shall present proof of compliance prior to the |
| 85 | scheduled court appearance date. For the purposes of this |
| 86 | subsection, proof of compliance shall consist of a valid, |
| 87 | renewed, or reinstated driver's license or registration |
| 88 | certificate and proper proof of maintenance of security as |
| 89 | required by s. 316.646. Notwithstanding waiver of fine, any |
| 90 | person establishing proof of compliance shall be assessed court |
| 91 | costs of $22, except that a person charged with violation of s. |
| 92 | 316.646(1)-(3) may be assessed court costs of $7. One dollar of |
| 93 | such costs shall be remitted to the Department of Revenue for |
| 94 | deposit into the Child Welfare Training Trust Fund of the |
| 95 | Department of Children and Family Services. One dollar of such |
| 96 | costs shall be distributed to the Department of Juvenile Justice |
| 97 | for deposit into the Juvenile Justice Training Trust Fund. |
| 98 | Twelve dollars of such costs shall be distributed to the |
| 99 | municipality and $8 shall be deposited by the clerk of the court |
| 100 | into the fine and forfeiture fund established pursuant to s. |
| 101 | 142.01, if the offense was committed within the municipality. If |
| 102 | the offense was committed in an unincorporated area of a county |
| 103 | or if the citation was for a violation of s. 316.646(1)-(3), the |
| 104 | entire amount shall be deposited by the clerk of the court into |
| 105 | the fine and forfeiture fund established pursuant to s. 142.01, |
| 106 | except for the moneys to be deposited into the Child Welfare |
| 107 | Training Trust Fund and the Juvenile Justice Training Trust |
| 108 | Fund. This subsection shall not be construed to authorize the |
| 109 | operation of a vehicle without a valid driver's license, without |
| 110 | a valid vehicle tag and registration, or without the maintenance |
| 111 | of required security. |
| 112 | Section 7. Subsections (8), (10), and (29) of section |
| 113 | 322.01, Florida Statutes, are amended to read: |
| 114 | 322.01 Definitions.--As used in this chapter: |
| 115 | (8) "Commercial motor vehicle" means any motor vehicle or |
| 116 | motor vehicle combination used on the streets or highways, |
| 117 | which: |
| 118 | (a) Has a gross vehicle weight rating of 26,001 pounds or |
| 119 | more; |
| 120 | (b) Has a declared weight of 26,001 pounds or more; |
| 121 | (c) Has an actual weight of 26,001 pounds or more; |
| 122 | (b)(d) Is designed to transport more than 15 persons, |
| 123 | including the driver; or |
| 124 | (c)(e) Is transporting hazardous materials and is required |
| 125 | to be placarded in accordance with Title 49 C.F.R. part 172, |
| 126 | subpart F. |
| 127 | (10)(a) "Conviction" means a conviction of an offense |
| 128 | relating to the operation of motor vehicles on highways which is |
| 129 | a violation of this chapter or any other such law of this state |
| 130 | or any other state, including an admission or determination of a |
| 131 | noncriminal traffic infraction pursuant to s. 318.14, or a |
| 132 | judicial disposition of an offense committed under any federal |
| 133 | law substantially conforming to the aforesaid state statutory |
| 134 | provisions. |
| 135 | (b) Notwithstanding any other provisions of this chapter, |
| 136 | the definition of "conviction" provided in 49 C.F.R. part 383.5 |
| 137 | applies to offenses committed in a commercial motor vehicle. |
| 138 | (29) "Out-of-service order" means a prohibition issued by |
| 139 | an authorized local, state, or Federal Government official which |
| 140 | that precludes a person from driving a commercial motor vehicle |
| 141 | for a period of 72 hours or less. |
| 142 | Section 8. Paragraph (e) is added to subsections (2) of |
| 143 | section 322.18, Florida Statutes, to read: |
| 144 | 322.18 Original applications, licenses, and renewals; |
| 145 | expiration of licenses; delinquent licenses.-- |
| 146 | (2) Each applicant who is entitled to the issuance of a |
| 147 | driver's license, as provided in this section, shall be issued a |
| 148 | driver's license, as follows: |
| 149 | (e) Notwithstanding any other provision of this chapter, |
| 150 | an applicant applying for an original or renewal issuance of a |
| 151 | commercial driver's license as defined in s. 322.01(7), with a |
| 152 | hazardous-materials endorsement, pursuant to s. 322.57(1)(e), |
| 153 | shall be issued a driver's license that expires at midnight on |
| 154 | the licensee's birthday that next occurs 4 years after the month |
| 155 | of expiration of the license being issued or renewed. |
| 156 | Section 9. Paragraph (e) is added to subsection (1) of |
| 157 | section 322.21, Florida Statutes, to read: |
| 158 | 322.21 License fees; procedure for handling and collecting |
| 159 | fees.-- |
| 160 | (1) Except as otherwise provided herein, the fee for: |
| 161 | (f) A hazardous-materials endorsement, as required by s. |
| 162 | 322.57(1)(e), shall be set by the department by rule and shall |
| 163 | reflect the cost of the required criminal history check, |
| 164 | including the cost of the state and federal fingerprint check, |
| 165 | and the cost to the department of providing and issuing the |
| 166 | license. The fee shall not exceed $100. This fee shall be |
| 167 | deposited in the Highway Safety Operating Trust Fund. The |
| 168 | department may adopt rules pursuant to ss. 120.536(1) and 120.54 |
| 169 | to administer the provisions of this paragraph. |
| 170 | Section 10. Present subsection (7) of section 322.212, |
| 171 | Florida Statutes, is redesignated as subsection (8), and a new |
| 172 | subsection (7) is added to that section to read: |
| 173 | 322.212 Unauthorized possession of, and other unlawful |
| 174 | acts in relation to, driver's license or identification card.-- |
| 175 | (7) In addition to any other penalties provided by this |
| 176 | section, any person who provides false information when applying |
| 177 | for a commercial driver's license shall be disqualified from |
| 178 | operating a commercial motor vehicle for a period of 60 days. |
| 179 | Section 11. Paragraph (b) of subsection (2) of section |
| 180 | 322.53, Florida Statutes, is amended to read: |
| 181 | 322.53 License required; exemptions.-- |
| 182 | (2) The following persons are exempt from the requirement |
| 183 | to obtain a commercial driver's license: |
| 184 | (b) Military personnel driving military vehicles operated |
| 185 | for military purposes. |
| 186 | Section 12. Paragraphs (a), (b), and (c) of subsection (2) |
| 187 | of section 322.54, Florida Statutes, are amended to read: |
| 188 | 322.54 Classification.-- |
| 189 | (2) The department shall issue, pursuant to the |
| 190 | requirements of this chapter, drivers' licenses in accordance |
| 191 | with the following classifications: |
| 192 | (a) Any person who drives a motor vehicle combination |
| 193 | having a gross vehicle weight rating, a declared weight, or an |
| 194 | actual weight, whichever is greatest, of 26,001 pounds or more |
| 195 | must possess a valid Class A driver's license, provided the |
| 196 | gross vehicle weight rating, declared weight, or actual weight, |
| 197 | whichever is greatest, of the vehicle being towed is more than |
| 198 | 10,000 pounds. Any person who possesses a valid Class A driver's |
| 199 | license may, subject to the appropriate restrictions and |
| 200 | endorsements, drive any class of motor vehicle within this |
| 201 | state. |
| 202 | (b) Any person, except a person who possesses a valid |
| 203 | Class A driver's license, who drives a motor vehicle having a |
| 204 | gross vehicle weight rating, a declared weight, or an actual |
| 205 | weight, whichever is greatest, of 26,001 pounds or more must |
| 206 | possess a valid Class B driver's license. Any person, except a |
| 207 | person who possesses a valid Class A driver's license, who |
| 208 | drives such vehicle towing a vehicle having a gross vehicle |
| 209 | weight rating, a declared weight, or an actual weight, whichever |
| 210 | is greatest, of 10,000 pounds or less must possess a valid Class |
| 211 | B driver's license. Any person who possesses a valid Class B |
| 212 | driver's license may, subject to the appropriate restrictions |
| 213 | and endorsements, drive any class of motor vehicle, other than |
| 214 | the type of motor vehicle for which a Class A driver's license |
| 215 | is required, within this state. |
| 216 | (c) Any person, except a person who possesses a valid |
| 217 | Class A or a valid Class B driver's license, who drives a motor |
| 218 | vehicle combination having a gross vehicle weight rating, a |
| 219 | declared weight, or an actual weight, whichever is greatest, of |
| 220 | 26,001 pounds or more must possess a valid Class C driver's |
| 221 | license. Any person, except a person who possesses a valid Class |
| 222 | A or a valid Class B driver's license, who drives a motor |
| 223 | vehicle combination having a gross vehicle weight rating, a |
| 224 | declared weight, or an actual weight, whichever is greatest, of |
| 225 | less than 26,001 pounds and who is required to obtain an |
| 226 | endorsement pursuant to paragraph (1)(a), paragraph (1)(b) or, |
| 227 | paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) of s. |
| 228 | 322.57, must possess a valid Class C driver's license that is |
| 229 | clearly restricted to the operation of a motor vehicle or motor |
| 230 | vehicle combination of less than 26,001 pounds. Any person who |
| 231 | possesses a valid Class C driver's license may, subject to the |
| 232 | appropriate restrictions and endorsements, drive any class of |
| 233 | motor vehicle, other than the type of motor vehicle for which a |
| 234 | Class A or a Class B driver's license is required, within this |
| 235 | state. |
| 236 | Section 13. Subsections (1) and (2) of section 322.57, |
| 237 | Florida Statutes, are amended to read: |
| 238 | 322.57 Tests of knowledge concerning specified vehicles; |
| 239 | endorsement; nonresidents; violations.-- |
| 240 | (1) In addition to fulfilling any other driver's licensing |
| 241 | requirements of this chapter, a person who: |
| 242 | (a) Drives a double or triple trailer must successfully |
| 243 | complete a test of his or her knowledge concerning the safe |
| 244 | operation of such vehicles. |
| 245 | (b) Drives a passenger vehicle must successfully complete |
| 246 | a test of his or her knowledge concerning the safe operation of |
| 247 | such vehicles and a test of his or her driving skill in such a |
| 248 | vehicle. |
| 249 | (c) Drives a school bus must successfully complete a test |
| 250 | of his or her knowledge concerning the safe operation of such |
| 251 | vehicles and a test of his or her driving skill in such a |
| 252 | vehicle. This subsection shall be implemented in accordance with |
| 253 | 49 C.F.R. part 383.123. |
| 254 | (d)(c) Drives a tank vehicle must successfully complete a |
| 255 | test of his or her knowledge concerning the safe operation of |
| 256 | such vehicles. |
| 257 | (e)(d) Drives a vehicle that transports hazardous |
| 258 | materials and that is required to be placarded in accordance |
| 259 | with Title 49 C.F.R. part 172, subpart F, must successfully |
| 260 | complete a test of his or her knowledge concerning the safe |
| 261 | operation of such vehicles. Knowledge tests for hazardous- |
| 262 | materials endorsements may not be administered orally for |
| 263 | individuals applying for an initial hazardous-materials |
| 264 | endorsement after June 30, 1994. |
| 265 | (f)(e) Operates a tank vehicle transporting hazardous |
| 266 | materials must successfully complete the tests required in |
| 267 | paragraphs (d) (c) and (e) (d) so that the department may issue |
| 268 | a single endorsement permitting him or her to operate such tank |
| 269 | vehicle. |
| 270 | (g)(f) Drives a motorcycle must successfully complete a |
| 271 | test of his or her knowledge concerning the safe operation of |
| 272 | such vehicles and a test of his or her driving skills on such |
| 273 | vehicle. A person who successfully completes such tests shall be |
| 274 | issued an endorsement if he or she is licensed to drive another |
| 275 | type of motor vehicle. A person who successfully completes such |
| 276 | tests and who is not licensed to drive another type of motor |
| 277 | vehicle shall be issued a Class E driver's license that is |
| 278 | clearly restricted to motorcycle use only. |
| 279 | (2) Before driving or operating any vehicle listed in |
| 280 | subsection (1), a person must obtain an endorsement on his or |
| 281 | her driver's license. An endorsement under paragraph (a), |
| 282 | paragraph (b), paragraph (c), paragraph (d), or paragraph (e), |
| 283 | or paragraph (f) of subsection (1) shall be issued only to |
| 284 | persons who possess a valid Class A, valid Class B, or valid |
| 285 | Class C driver's license. A person who drives a motor vehicle or |
| 286 | motor vehicle combination that requires an endorsement under |
| 287 | this subsection and who drives a motor vehicle or motor vehicle |
| 288 | combination having a gross vehicle weight rating, a declared |
| 289 | weight, or an actual weight, whichever is greatest, of less than |
| 290 | 26,000 pounds shall be issued a Class C driver's license that is |
| 291 | clearly restricted to the operation of a motor vehicle or motor |
| 292 | vehicle combination of less than 26,000 pounds. |
| 293 | Section 14. Subsections (1), (2), (3), (8), and (10) of |
| 294 | section 322.61, Florida Statutes, are amended, and subsections |
| 295 | (4) and (5) of that section are reenacted, to read: |
| 296 | 322.61 Disqualification from operating a commercial motor |
| 297 | vehicle.-- |
| 298 | (1) A person who, for offenses occurring within a 3-year |
| 299 | period, is convicted of two of the following serious traffic |
| 300 | violations or any combination thereof, arising in separate |
| 301 | incidents committed in a commercial motor vehicle shall, in |
| 302 | addition to any other applicable penalties, be disqualified from |
| 303 | operating a commercial motor vehicle for a period of 60 days. A |
| 304 | person who, for offenses occurring within a 3-year period, is |
| 305 | convicted of two of the following serious traffic violations or |
| 306 | any combination thereof arising in separate incidents committed |
| 307 | in a noncommercial motor vehicle shall, in addition to any other |
| 308 | applicable penalties, be disqualified from operating a |
| 309 | commercial motor vehicle for a period of 60 days if such |
| 310 | convictions result in the suspension, revocation, or |
| 311 | cancellation of the licenseholder's driving privilege: |
| 312 | (a) A violation of any state or local law relating to |
| 313 | motor vehicle traffic control, other than a parking violation, a |
| 314 | weight violation, or a vehicle equipment violation, arising in |
| 315 | connection with a crash resulting in death or personal injury to |
| 316 | any person; |
| 317 | (b) Reckless driving, as defined in s. 316.192; |
| 318 | (c) Careless driving, as defined in s. 316.1925; |
| 319 | (d) Fleeing or attempting to elude a law enforcement |
| 320 | officer, as defined in s. 316.1935; |
| 321 | (e) Unlawful speed of 15 miles per hour or more above the |
| 322 | posted speed limit; |
| 323 | (f) Driving a commercial motor vehicle, owned by such |
| 324 | person, which is not properly insured; |
| 325 | (g) Improper lane change, as defined in s. 316.085; or |
| 326 | (h) Following too closely, as defined in s. 316.0895; |
| 327 | (i) Driving a commercial motor vehicle without obtaining a |
| 328 | commercial driver's license; |
| 329 | (j) Driving a commercial motor vehicle without the proper |
| 330 | class of commercial driver's license or without the proper |
| 331 | endorsement; or |
| 332 | (k) Driving a commercial motor vehicle without a |
| 333 | commercial driver's license in possession. Any person who |
| 334 | provides proof to the clerk of court or designated official in |
| 335 | the jurisdiction where the citation was issued, before the date |
| 336 | the person must appear in court or pay any fine for such a |
| 337 | violation, that the person held a valid commercial driver's |
| 338 | license on the date the citation was issued shall not be guilty |
| 339 | of this offense. |
| 340 | (2) Any person who, for offenses occurring within a 3-year |
| 341 | period, is convicted of three serious traffic violations |
| 342 | specified in subsection (1) or any combination thereof, arising |
| 343 | in separate incidents committed in a commercial motor vehicle |
| 344 | shall, in addition to any other applicable penalties, including, |
| 345 | but not limited to, the penalty provided in subsection (1), be |
| 346 | disqualified from operating a commercial motor vehicle for a |
| 347 | period of 120 days. A person who, for offenses occurring within |
| 348 | a 3-year period, is convicted of three serious traffic |
| 349 | violations specified in subsection (1) or any combination |
| 350 | thereof, arising in separate incidents committed in a |
| 351 | noncommercial motor vehicle shall, in addition to any other |
| 352 | applicable penalties, including, but not limited to, the penalty |
| 353 | provided in subsection (1), be disqualified from operating a |
| 354 | commercial motor vehicle for a period of 120 days if such |
| 355 | convictions result in the suspension, revocation, or |
| 356 | cancellation of the licenseholder's driving privilege. |
| 357 | (3) Except as provided in subsection (4), any person who |
| 358 | is convicted of one of the following offenses shall, in addition |
| 359 | to any other applicable penalties, be disqualified from |
| 360 | operating a commercial motor vehicle for a period of 1 year: |
| 361 | (a) Driving a commercial motor vehicle while he or she is |
| 362 | under the influence of alcohol or a controlled substance; |
| 363 | (b) Driving a commercial motor vehicle while the alcohol |
| 364 | concentration of his or her blood, breath, or urine is .04 |
| 365 | percent or higher; |
| 366 | (c) Leaving the scene of a crash involving a commercial |
| 367 | motor vehicle driven by such person; |
| 368 | (d) Using a commercial motor vehicle in the commission of |
| 369 | a felony; |
| 370 | (e) Driving a commercial motor vehicle while in possession |
| 371 | of a controlled substance; or |
| 372 | (f) Refusing to submit to a test to determine his or her |
| 373 | alcohol concentration while driving a commercial motor vehicle; |
| 374 | (g) Driving a commercial vehicle while the licenseholder's |
| 375 | commercial driver's license is suspended, revoked, or canceled |
| 376 | or while the licenseholder is disqualified from driving a |
| 377 | commercial vehicle; or |
| 378 | (h) Causing a fatality through the negligent operation of |
| 379 | a commercial motor vehicle. |
| 380 | (4) Any person who is transporting hazardous materials in |
| 381 | a vehicle that is required to be placarded in accordance with |
| 382 | Title 49 C.F.R. part 172, subpart F shall, upon conviction of an |
| 383 | offense specified in subsection (3), be disqualified from |
| 384 | operating a commercial motor vehicle for a period of 3 years. |
| 385 | The penalty provided in this subsection shall be in addition to |
| 386 | any other applicable penalty. |
| 387 | (5) Any person who is convicted of two violations |
| 388 | specified in subsection (3), or any combination thereof, arising |
| 389 | in separate incidents shall be permanently disqualified from |
| 390 | operating a commercial motor vehicle. The penalty provided in |
| 391 | this subsection shall be in addition to any other applicable |
| 392 | penalty. |
| 393 | (8) A driver who is convicted of or otherwise found to |
| 394 | have committed a violation of an out-of-service order while |
| 395 | driving a commercial motor vehicle is disqualified as follows: |
| 396 | (a) Not less than 90 days nor more than 1 year if the |
| 397 | driver is convicted of or otherwise found to have committed a |
| 398 | first violation of an out-of-service order. |
| 399 | (b) Not less than 1 year nor more than 5 years if, for |
| 400 | offenses occurring during any 10-year period, the driver is |
| 401 | convicted of or otherwise found to have committed two violations |
| 402 | of out-of-service orders in separate incidents. |
| 403 | (c) Not less than 3 years nor more than 5 years if, for |
| 404 | offenses occurring during any 10-year period, the driver is |
| 405 | convicted of or otherwise found to have committed three or more |
| 406 | violations of out-of-service orders in separate incidents. |
| 407 | (d) Not less than 180 days nor more than 2 years if the |
| 408 | driver is convicted of or otherwise found to have committed a |
| 409 | first violation of an out-of-service order while transporting |
| 410 | hazardous materials required to be placarded under the Hazardous |
| 411 | Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or |
| 412 | while operating motor vehicles designed to transport more than |
| 413 | 15 passengers, including the driver. A driver is disqualified |
| 414 | for a period of not less than 3 years nor more than 5 years if, |
| 415 | for offenses occurring during any 10-year period, the driver is |
| 416 | convicted of or otherwise found to have committed any subsequent |
| 417 | violations of out-of-service orders, in separate incidents, |
| 418 | while transporting hazardous materials required to be placarded |
| 419 | under the Hazardous Materials Transportation Act 49 U.S.C. ss. |
| 420 | 5101 et seq., or while operating motor vehicles designed to |
| 421 | transport more than 15 passengers, including the driver. |
| 422 | (10)(a) A driver must be disqualified for not less than 60 |
| 423 | days if the driver is convicted of or otherwise found to have |
| 424 | committed a first violation of a railroad-highway grade crossing |
| 425 | violation. |
| 426 | (b) A driver must be disqualified for not less than 120 |
| 427 | days if, for offenses occurring during any 3-year period, the |
| 428 | driver is convicted of or otherwise found to have committed a |
| 429 | second railroad-highway grade crossing violation in separate |
| 430 | incidents. |
| 431 | (c) A driver must be disqualified for not less than 1 year |
| 432 | if, for offenses occurring during any 3-year period, the driver |
| 433 | is convicted of or otherwise found to have committed a third or |
| 434 | subsequent railroad-highway grade crossing violation in separate |
| 435 | incidents. |
| 436 | Section 15. Subsection (1) of section 322.64, Florida |
| 437 | Statutes, is amended to read: |
| 438 | 322.64 Holder of commercial driver's license; driving with |
| 439 | unlawful blood-alcohol level; refusal to submit to breath, |
| 440 | urine, or blood test.-- |
| 441 | (1)(a) A law enforcement officer or correctional officer |
| 442 | shall, on behalf of the department, disqualify from operating |
| 443 | any commercial motor vehicle a person who while operating or in |
| 444 | actual physical control of a commercial motor vehicle is |
| 445 | arrested for a violation of s. 316.193, relating to unlawful |
| 446 | blood-alcohol level or breath-alcohol level, or a person who has |
| 447 | refused to submit to a breath, urine, or blood test authorized |
| 448 | by s. 322.63 arising out of the operation or actual physical |
| 449 | control of a commercial motor vehicle. Upon disqualification of |
| 450 | the person, the officer shall take the person's driver's license |
| 451 | and issue the person a 10-day temporary permit for the operation |
| 452 | of noncommercial vehicles only if the person is otherwise |
| 453 | eligible for the driving privilege and shall issue the person a |
| 454 | notice of disqualification. If the person has been given a |
| 455 | blood, breath, or urine test, the results of which are not |
| 456 | available to the officer at the time of the arrest, the agency |
| 457 | employing the officer shall transmit such results to the |
| 458 | department within 5 days after receipt of the results. If the |
| 459 | department then determines that the person was arrested for a |
| 460 | violation of s. 316.193 and that the person had a blood-alcohol |
| 461 | level or breath-alcohol level of 0.08 or higher, the department |
| 462 | shall disqualify the person from operating a commercial motor |
| 463 | vehicle pursuant to subsection (3). |
| 464 | (b) The disqualification under paragraph (a) shall be |
| 465 | pursuant to, and the notice of disqualification shall inform the |
| 466 | driver of, the following: |
| 467 | 1.a. The driver refused to submit to a lawful breath, |
| 468 | blood, or urine test and he or she is disqualified from |
| 469 | operating a commercial motor vehicle for a period of 1 year, for |
| 470 | a first refusal, or permanently, if he or she has previously |
| 471 | been disqualified as a result of a refusal to submit to such a |
| 472 | test; or |
| 473 | b. The driver violated s. 316.193 by driving with an |
| 474 | unlawful blood-alcohol level and he or she is disqualified from |
| 475 | operating a commercial motor vehicle for a period of 6 months |
| 476 | for a first offense or for a period of 1 year if he or she has |
| 477 | previously been disqualified, or his or her driving privilege |
| 478 | has been previously suspended, for a violation of s. 316.193. |
| 479 | 2. The disqualification period for operating commercial |
| 480 | vehicles shall commence on the date of arrest or issuance of |
| 481 | notice of disqualification, whichever is later. |
| 482 | 3. The driver may request a formal or informal review of |
| 483 | the disqualification by the department within 10 days after the |
| 484 | date of arrest or issuance of notice of disqualification, |
| 485 | whichever is later. |
| 486 | 4. The temporary permit issued at the time of arrest or |
| 487 | disqualification will expire at midnight of the 10th day |
| 488 | following the date of disqualification. |
| 489 | 5. The driver may submit to the department any materials |
| 490 | relevant to the arrest. |
| 491 |
|
| 492 |
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| 493 | ================ T I T L E A M E N D M E N T ============= |
| 494 | Remove line(s) 85 of the amendment and insert: |
| 495 | the applicable period; providing an exception; creating s. |
| 496 | 316.1576, F.S.; prohibiting driving through a railroad-highway |
| 497 | grade crossing that does not have sufficient space or clearance; |
| 498 | providing a penalty; creating s. 316.1577, F.S.; prohibiting |
| 499 | employer from allowing, requiring, permitting, or authorizing |
| 500 | certain violations pertaining to railroad-highway grade |
| 501 | crossings; providing a penalty; amending s. 316.302, F.S.; |
| 502 | updating a reference to the Code of Federal Regulations relating |
| 503 | to commercial motor vehicles; amending s. 318.14, F.S.; |
| 504 | providing that certain citation procedures and proceedings apply |
| 505 | to persons who do not hold a commercial driver's license; |
| 506 | amending s. 322.01, F.S.; redefining the terms "commercial motor |
| 507 | vehicle" and "out-of-service order"; providing the definition of |
| 508 | conviction applicable to offenses committed in a commercial |
| 509 | motor vehicle; amending s. 322.18, F.S.; revising the expiration |
| 510 | period for driver's licenses issued to specified persons; |
| 511 | amending s. 322.21, F.S.; requiring the department to set a fee |
| 512 | for a hazardous-materials endorsement; providing maximum fee |
| 513 | amount; authorizing the department to adopt rules; amending s. |
| 514 | 322.212, F.S.; providing an additional penalty for giving false |
| 515 | information when applying for a commercial driver's license; |
| 516 | amending s. 322.53, F.S.; revising exemption to a requirement |
| 517 | that certain operators of a motor vehicle obtain a specified |
| 518 | license; amending s. 322.54, F.S.; revising the classification |
| 519 | requirements for certain driver's licenses; amending s. 322.57, |
| 520 | F.S.; providing testing requirements for school bus drivers; |
| 521 | amending s. 322.61, F.S.; specifying additional violations that |
| 522 | disqualify a person from operating a commercial motor vehicle; |
| 523 | providing penalties; providing an exception; amending s. 322.64, |
| 524 | F.S.; providing for a temporary permit issued following certain |
| 525 | DUI offenses to apply only to the operation of noncommercial |
| 526 | vehicles; providing |