Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 530
                        Barcode 132602
                            CHAMBER ACTION
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       04/27/2005 02:20 PM         .                    
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11  Senator Wise moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 3, between lines 25 and 26,
15  
16  insert:  
17         Section 3.  Section 316.1576, Florida Statutes, is
18  created to read:
19         316.1576  Insufficient clearance at a railroad-highway
20  grade crossing.--
21         (1)  A person may not drive any vehicle through a
22  railroad-highway grade crossing that does not have sufficient
23  space to drive completely through the crossing without
24  stopping.
25         (2)  A person may not drive any vehicle through a
26  railroad-highway grade crossing that does not have sufficient
27  undercarriage clearance to drive completely through the
28  crossing without stopping.
29         (3)  A violation of this section is a noncriminal
30  traffic infraction, punishable as a moving violation as
31  provided in chapter 318.
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Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 Section 4. Section 316.1577, Florida Statutes, is 2 created to read: 3 316.1577 Employer responsibility for railroad grade 4 crossing violations.-- 5 (1) An employer may not knowingly allow, require, 6 permit, or authorize a driver to operate a commercial motor 7 vehicle in violation of a federal, state, or local law or 8 regulation pertaining to railroad-highway grade crossings. 9 (2) A person who violates this section is subject to a 10 civil penalty of not more than $10,000. 11 Section 5. Paragraph (b) of subsection (1) of section 12 316.302, Florida Statutes, is amended to read: 13 316.302 Commercial motor vehicles; safety regulations; 14 transporters and shippers of hazardous materials; 15 enforcement.-- 16 (1) 17 (b) Except as otherwise provided in this section, all 18 owners or drivers of commercial motor vehicles that are 19 engaged in intrastate commerce are subject to the rules and 20 regulations contained in 49 C.F.R. parts 382, 385, and 21 390-397, with the exception of 49 C.F.R. s. 390.5 as it 22 relates to the definition of bus, as such rules and 23 regulations existed on October 1, 2004 2002. 24 Section 6. Subsection (9) and paragraph (a) of 25 subsection (10) of section 318.14, Florida Statutes, are 26 amended to read: 27 318.14 Noncriminal traffic infractions; exception; 28 procedures.-- 29 (9) Any person who does not hold a commercial driver's 30 license and who is cited for an infraction under this section 31 other than a violation of s. 320.0605, s. 320.07(3)(a) or (b), 2 10:43 AM 04/25/05 s0530c1c-05-s02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu 2 of a court appearance, elect to attend in the location of his 3 or her choice within this state a basic driver improvement 4 course approved by the Department of Highway Safety and Motor 5 Vehicles. In such a case, adjudication must be withheld; 6 points, as provided by s. 322.27, may not be assessed; and the 7 civil penalty that is imposed by s. 318.18(3) must be reduced 8 by 18 percent; however, a person may not make an election 9 under this subsection if the person has made an election under 10 this subsection in the preceding 12 months. A person may make 11 no more than five elections under this subsection. The 12 requirement for community service under s. 318.18(8) is not 13 waived by a plea of nolo contendere or by the withholding of 14 adjudication of guilt by a court. 15 (10)(a) Any person who does not hold a commercial 16 driver's license and who is cited for an offense listed under 17 this subsection may, in lieu of payment of fine or court 18 appearance, elect to enter a plea of nolo contendere and 19 provide proof of compliance to the clerk of the court or 20 authorized operator of a traffic violations bureau. In such 21 case, adjudication shall be withheld; however, no election 22 shall be made under this subsection if such person has made an 23 election under this subsection in the 12 months preceding 24 election hereunder. A No person may not make more than three 25 elections under this subsection. This subsection applies to 26 the following offenses: 27 1. Operating a motor vehicle without a valid driver's 28 license in violation of the provisions of s. 322.03, s. 29 322.065, or s. 322.15(1), or operating a motor vehicle with a 30 license which has been suspended for failure to appear, 31 failure to pay civil penalty, or failure to attend a driver 3 10:43 AM 04/25/05 s0530c1c-05-s02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 improvement course pursuant to s. 322.291. 2 2. Operating a motor vehicle without a valid 3 registration in violation of s. 320.0605, s. 320.07, or s. 4 320.131. 5 3. Operating a motor vehicle in violation of s. 6 316.646. 7 Section 7. Subsections (8), (10), and (29) of section 8 322.01, Florida Statutes, are amended to read: 9 322.01 Definitions.--As used in this chapter: 10 (8) "Commercial motor vehicle" means any motor vehicle 11 or motor vehicle combination used on the streets or highways, 12 which: 13 (a) Has a gross vehicle weight rating of 26,001 pounds 14 or more; 15 (b) Has a declared weight of 26,001 pounds or more; 16 (c) Has an actual weight of 26,001 pounds or more; 17 (b)(d) Is designed to transport more than 15 persons, 18 including the driver; or 19 (c)(e) Is transporting hazardous materials and is 20 required to be placarded in accordance with Title 49 C.F.R. 21 part 172, subpart F. 22 (10)(a) "Conviction" means a conviction of an offense 23 relating to the operation of motor vehicles on highways which 24 is a violation of this chapter or any other such law of this 25 state or any other state, including an admission or 26 determination of a noncriminal traffic infraction pursuant to 27 s. 318.14, or a judicial disposition of an offense committed 28 under any federal law substantially conforming to the 29 aforesaid state statutory provisions. 30 (b) Notwithstanding any other provisions of this 31 chapter, the definition of the term "conviction" provided in 4 10:43 AM 04/25/05 s0530c1c-05-s02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 49 C.F.R. s. 383.5 applies to offenses committed in a 2 commercial motor vehicle. 3 (29) "Out-of-service order" means a prohibition issued 4 by an authorized official of a local government, the state, or 5 the federal government which that precludes a person from 6 driving a commercial motor vehicle for a period of 72 hours or 7 less. 8 Section 8. Subsection (1) and paragraph (b) of 9 subsection (4) of section 322.12, Florida Statutes, are 10 amended to read: 11 322.12 Examination of applicants.-- 12 (1) It is the intent of the Legislature that every 13 applicant for an original driver's license in this state be 14 required to pass an examination pursuant to this section. 15 However, the department may waive the knowledge, endorsement, 16 and skills tests for an applicant who is otherwise qualified 17 and who surrenders a valid driver's license from another state 18 or a province of Canada, or a valid driver's license issued by 19 the United States Armed Forces, if the driver applies for a 20 Florida license of an equal or lesser classification. Any 21 applicant who fails to pass the initial knowledge test will 22 incur a $5 fee for each subsequent test, to be deposited into 23 the Highway Safety Operating Trust Fund. Any applicant who 24 fails to pass the initial skills test will incur a $10 fee for 25 each subsequent test, to be deposited into the Highway Safety 26 Operating Trust Fund. A person who seeks to retain a 27 hazardous-materials endorsement, pursuant to s. 322.57(1)(e) 28 s. 322.57(1)(d), must pass the hazardous-materials test, upon 29 surrendering his or her commercial driver's license, if the 30 person has not taken and passed the hazardous-materials test 31 within 2 years preceding his or her application for a 5 10:43 AM 04/25/05 s0530c1c-05-s02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 commercial driver's license in this state. 2 (4) The examination for an applicant for a commercial 3 driver's license shall include a test of the applicant's 4 eyesight given by a driver's license examiner designated by 5 the department or by a licensed ophthalmologist, optometrist, 6 or physician and a test of the applicant's hearing given by a 7 driver's license examiner or a licensed physician. The 8 examination shall also include a test of the applicant's 9 ability to read and understand highway signs regulating, 10 warning, and directing traffic; his or her knowledge of the 11 traffic laws of this state pertaining to the class of motor 12 vehicle which he or she is applying to be licensed to operate, 13 including laws regulating driving under the influence of 14 alcohol or controlled substances, driving with an unlawful 15 blood-alcohol level, and driving while intoxicated; his or her 16 knowledge of the effects of alcohol and controlled substances 17 and the dangers of driving a motor vehicle after having 18 consumed alcohol or controlled substances; and his or her 19 knowledge of any special skills, requirements, or precautions 20 necessary for the safe operation of the class of vehicle which 21 he or she is applying to be licensed to operate. In addition, 22 the examination shall include an actual demonstration of the 23 applicant's ability to exercise ordinary and reasonable 24 control in the safe operation of a motor vehicle or 25 combination of vehicles of the type covered by the license 26 classification which the applicant is seeking, including an 27 examination of the applicant's ability to perform an 28 inspection of his or her vehicle. 29 (b) A person who seeks to retain a hazardous-materials 30 endorsement must, upon renewal, pass the test for such 31 endorsement as specified in s. 322.57(1)(e) s. 322.57(1)(d), 6 10:43 AM 04/25/05 s0530c1c-05-s02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 if the person has not taken and passed the hazardous-materials 2 test within 2 years preceding his or her application for a 3 commercial driver's license in this state. 4 Section 9. Subsection (8) of section 322.121, Florida 5 Statutes, is amended to read: 6 322.121 Periodic reexamination of all drivers.-- 7 (8) In addition to any other examination authorized by 8 this section, an applicant for a renewal of an endorsement 9 issued under s. 322.57(1)(a), (b), (c), (d), or (e), or (f) 10 may be required to complete successfully an examination of his 11 or her knowledge regarding state and federal rules, 12 regulations, and laws, governing the type of vehicle which he 13 or she is seeking an endorsement to operate. 14 Section 10. Paragraph (e) is added to subsection (2) 15 of section 322.18, Florida Statutes, to read: 16 322.18 Original applications, licenses, and renewals; 17 expiration of licenses; delinquent licenses.-- 18 (2) Each applicant who is entitled to the issuance of 19 a driver's license, as provided in this section, shall be 20 issued a driver's license, as follows: 21 (e) Notwithstanding any other provision of this 22 chapter, an applicant applying for an original or renewal 23 issuance of a commercial driver's license as defined in s. 24 322.01(7) with a hazardous-materials endorsement, pursuant to 25 s. 322.57(1)(e), shall be issued a driver's license that 26 expires at midnight on the licensee's birthday that next 27 occurs 4 years after the month of expiration of the license 28 being issued or renewed. 29 Section 11. Paragraph (f) is added to subsection (1) 30 of section 322.21, Florida Statutes, to read: 31 322.21 License fees; procedure for handling and 7 10:43 AM 04/25/05 s0530c1c-05-s02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 collecting fees.-- 2 (1) Except as otherwise provided herein, the fee for: 3 (f) A hazardous-materials endorsement, as required by 4 s. 322.57(1)(d), shall be set by the department by rule and 5 shall reflect the cost of the required criminal history check, 6 including the cost of the state and federal fingerprint check 7 and the cost to the department for providing and issuing the 8 license. The fee may not exceed $100. This fee shall be 9 deposited into the Highway Safety Operating Trust Fund. 10 Section 12. Present subsection (7) of section 322.212, 11 Florida Statutes, is redesignated as subsection (8), and a new 12 subsection (7) is added to that section, to read: 13 322.212 Unauthorized possession of, and other unlawful 14 acts in relation to, driver's license or identification 15 card.-- 16 (7) In addition to any other penalties provided by 17 this section, any person who provides false information when 18 applying for a commercial driver's license is disqualified 19 from operating a commercial motor vehicle for 60 days. 20 (8)(7) The provisions of this section are in addition 21 and supplemental to all other provisions of this chapter and 22 of the laws of this state relating to driver's licenses and 23 identification cards. 24 Section 13. Paragraph (b) of subsection (2) of section 25 322.53, Florida Statutes, is amended to read: 26 322.53 License required; exemptions.-- 27 (2) The following persons are exempt from the 28 requirement to obtain a commercial driver's license: 29 (b) Military personnel driving military vehicles 30 operated for military purposes. 31 Section 14. Paragraphs (a), (b), and (c) of subsection 8 10:43 AM 04/25/05 s0530c1c-05-s02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 (2) of section 322.54, Florida Statutes, are amended to read: 2 322.54 Classification.-- 3 (2) The department shall issue, pursuant to the 4 requirements of this chapter, drivers' licenses in accordance 5 with the following classifications: 6 (a) Any person who drives a motor vehicle combination 7 having a gross vehicle weight rating, a declared weight, or an 8 actual weight, whichever is greatest, of 26,001 pounds or more 9 must possess a valid Class A driver's license, provided the 10 gross vehicle weight rating, declared weight, or actual 11 weight, whichever is greatest, of the vehicle being towed is 12 more than 10,000 pounds. Any person who possesses a valid 13 Class A driver's license may, subject to the appropriate 14 restrictions and endorsements, drive any class of motor 15 vehicle within this state. 16 (b) Any person, except a person who possesses a valid 17 Class A driver's license, who drives a motor vehicle having a 18 gross vehicle weight rating, a declared weight, or an actual 19 weight, whichever is greatest, of 26,001 pounds or more must 20 possess a valid Class B driver's license. Any person, except 21 a person who possesses a valid Class A driver's license, who 22 drives such vehicle towing a vehicle having a gross vehicle 23 weight rating, a declared weight, or an actual weight, 24 whichever is greatest, of 10,000 pounds or less must possess a 25 valid Class B driver's license. Any person who possesses a 26 valid Class B driver's license may, subject to the appropriate 27 restrictions and endorsements, drive any class of motor 28 vehicle, other than the type of motor vehicle for which a 29 Class A driver's license is required, within this state. 30 (c) Any person, except a person who possesses a valid 31 Class A or a valid Class B driver's license, who drives a 9 10:43 AM 04/25/05 s0530c1c-05-s02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 motor vehicle combination having a gross vehicle weight 2 rating, a declared weight, or an actual weight, whichever is 3 greatest, of 26,001 pounds or more must possess a valid Class 4 C driver's license. Any person, except a person who possesses 5 a valid Class A or a valid Class B driver's license, who 6 drives a motor vehicle combination having a gross vehicle 7 weight rating, a declared weight, or an actual weight, 8 whichever is greatest, of less than 26,001 pounds and who is 9 required to obtain an endorsement pursuant to paragraph 10 (1)(a), paragraph (1)(b) or, paragraph (1)(c), paragraph 11 (1)(d), or paragraph (1)(e) of s. 322.57, must possess a valid 12 Class C driver's license that is clearly restricted to the 13 operation of a motor vehicle or motor vehicle combination of 14 less than 26,001 pounds. Any person who possesses a valid 15 Class C driver's license may, subject to the appropriate 16 restrictions and endorsements, drive any class of motor 17 vehicle, other than the type of motor vehicle for which a 18 Class A or a Class B driver's license is required, within this 19 state. 20 Section 15. Subsections (1) and (2) of section 322.57, 21 Florida Statutes, are amended to read: 22 322.57 Tests of knowledge concerning specified 23 vehicles; endorsement; nonresidents; violations.-- 24 (1) In addition to fulfilling any other driver's 25 licensing requirements of this chapter, a person who: 26 (a) Drives a double or triple trailer must 27 successfully complete a test of his or her knowledge 28 concerning the safe operation of such vehicles. 29 (b) Drives a passenger vehicle must successfully 30 complete a test of his or her knowledge concerning the safe 31 operation of such vehicles and a test of his or her driving 10 10:43 AM 04/25/05 s0530c1c-05-s02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 skill in such a vehicle. 2 (c) Drives a school bus must successfully complete a 3 test of his or her knowledge concerning the safe operation of 4 such vehicle and a test of his or her driving skill in such a 5 vehicle. This subsection shall be implemented in accordance 6 with Title 49 C.F.R. s. 383.123. 7 (d)(c) Drives a tank vehicle must successfully 8 complete a test of his or her knowledge concerning the safe 9 operation of such vehicles. 10 (e)(d) Drives a vehicle that transports hazardous 11 materials and that is required to be placarded in accordance 12 with Title 49 C.F.R. part 172, subpart F, must successfully 13 complete a test of his or her knowledge concerning the safe 14 operation of such vehicles. Knowledge tests for 15 hazardous-materials endorsements may not be administered 16 orally for individuals applying for an initial 17 hazardous-materials endorsement after June 30, 1994. 18 (f)(e) Operates a tank vehicle transporting hazardous 19 materials must successfully complete the tests required in 20 paragraphs (d) (c) and (e) (d) so that the department may 21 issue a single endorsement permitting him or her to operate 22 such tank vehicle. 23 (g)(f) Drives a motorcycle must successfully complete 24 a test of his or her knowledge concerning the safe operation 25 of such vehicles and a test of his or her driving skills on 26 such vehicle. A person who successfully completes such tests 27 shall be issued an endorsement if he or she is licensed to 28 drive another type of motor vehicle. A person who 29 successfully completes such tests and who is not licensed to 30 drive another type of motor vehicle shall be issued a Class E 31 driver's license that is clearly restricted to motorcycle use 11 10:43 AM 04/25/05 s0530c1c-05-s02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 only. 2 (2) Before driving or operating any vehicle listed in 3 subsection (1), a person must obtain an endorsement on his or 4 her driver's license. An endorsement under paragraph (a), 5 paragraph (b), paragraph (c), paragraph (d), or paragraph (e), 6 or paragraph (f) of subsection (1) shall be issued only to 7 persons who possess a valid Class A, valid Class B, or valid 8 Class C driver's license. A person who drives a motor vehicle 9 or motor vehicle combination that requires an endorsement 10 under this subsection and who drives a motor vehicle or motor 11 vehicle combination having a gross vehicle weight rating, a 12 declared weight, or an actual weight, whichever is greatest, 13 of less than 26,000 pounds shall be issued a Class C driver's 14 license that is clearly restricted to the operation of a motor 15 vehicle or motor vehicle combination of less than 26,000 16 pounds. 17 Section 16. Subsections (1), (2), (3), (8), and (10) 18 of section 322.61, Florida Statutes, are amended to read: 19 322.61 Disqualification from operating a commercial 20 motor vehicle.-- 21 (1)(a) A person who, for offenses occurring within a 22 3-year period, is convicted of two of the following serious 23 traffic violations specified in paragraph (c) or any 24 combination of such offenses thereof, arising in separate 25 incidents committed in a commercial motor vehicle shall, in 26 addition to any other applicable penalties, be disqualified 27 from operating a commercial motor vehicle for a period of 60 28 days: 29 (b) A person who, for offenses occurring within a 30 3-year period, is convicted of two of the serious traffic 31 violations specified in paragraph (c) or any combination of 12 10:43 AM 04/25/05 s0530c1c-05-s02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 such offenses, arising in separate incidents committed in a 2 noncommercial motor vehicle shall, in addition to any other 3 applicable penalties, be disqualified from operating a 4 commercial motor vehicle for a period of 60 days if such 5 convictions result in the suspension, revocation, or 6 cancellation of the licenseholder's driving privilege. 7 (c)(a) The serious violations specified in paragraphs 8 (a) and (b) are: 9 1. A violation of any state or local law relating to 10 motor vehicle traffic control, other than a parking violation, 11 a weight violation, or a vehicle equipment violation, arising 12 in connection with a crash resulting in death or personal 13 injury to any person; 14 2.(b) Reckless driving, as defined in s. 316.192; 15 3.(c) Careless driving, as defined in s. 316.1925; 16 4.(d) Fleeing or attempting to elude a law enforcement 17 officer, as defined in s. 316.1935; 18 5.(e) Unlawful speed of 15 miles per hour or more 19 above the posted speed limit; 20 6.(f) Driving a commercial motor vehicle, owned by 21 such person, which is not properly insured; 22 7.(g) Improper lane change, as defined in s. 316.085; 23 or 24 8.(h) Following too closely, as defined in s. 25 316.0895. 26 9. Driving a commercial vehicle without obtaining a 27 valid commercial driver's license; 28 10. Driving a commercial vehicle without possessing a 29 valid commercial driver's license; or 30 11. Driving a commercial vehicle without the proper 31 class of commercial driver's license or without the proper 13 10:43 AM 04/25/05 s0530c1c-05-s02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 endorsements. 2 (2) Any person who, for offenses occurring within a 3 3-year period, is convicted of three of the serious traffic 4 violations specified in subsection (1) or any combination 5 thereof, arising in separate incidents committed in a 6 commercial motor vehicle shall, in addition to any other 7 applicable penalties, including but not limited to the penalty 8 provided in subsection (1), be disqualified from operating a 9 commercial motor vehicle for a period of 120 days. A person 10 who, for offenses occurring within a 3-year period, is 11 convicted of three of the serious traffic violations specified 12 in subsection (1) or any combination of such offenses, arising 13 in separate incidents committed in a noncommercial motor 14 vehicle shall, in addition to any other applicable penalties, 15 including, but not limited to, the penalty in subsection (1), 16 is disqualified from operating a commercial motor vehicle for 17 a period of 120 days if such convictions result in the 18 suspension, revocation, or cancellation of the licenseholder's 19 driving privilege. 20 (3) Except as provided in subsection (4), any person 21 who is convicted of one of the following offenses shall, in 22 addition to any other applicable penalties, be disqualified 23 from operating a commercial motor vehicle for a period of 1 24 year: 25 (a) Driving a commercial motor vehicle while he or she 26 is under the influence of alcohol or a controlled substance; 27 (b) Driving a commercial motor vehicle while the 28 alcohol concentration of his or her blood, breath, or urine is 29 .04 percent or higher; 30 (c) Leaving the scene of a crash involving a 31 commercial motor vehicle driven by such person; 14 10:43 AM 04/25/05 s0530c1c-05-s02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 (d) Using a commercial motor vehicle in the commission 2 of a felony; 3 (e) Driving a commercial motor vehicle while in 4 possession of a controlled substance; or 5 (f) Refusing to submit to a test to determine his or 6 her alcohol concentration while driving a commercial motor 7 vehicle;. 8 (g) Driving a commercial vehicle while the 9 licenseholder's commercial driver's license is suspended, 10 revoked, or cancelled or while the licenseholder is 11 disqualified from driving a commercial vehicle; or 12 (h) Causing a fatality through the negligent operation 13 of a commercial motor vehicle. 14 (8) A driver who is convicted of or otherwise found to 15 have committed a violation of an out-of-service order while 16 driving a commercial motor vehicle is disqualified as follows: 17 (a) Not less than 90 days nor more than 1 year if the 18 driver is convicted of or otherwise found to have committed a 19 first violation of an out-of-service order. 20 (b) Not less than 1 year nor more than 5 years if, for 21 offenses occurring during any 10-year period, the driver is 22 convicted of or otherwise found to have committed two 23 violations of out-of-service orders in separate incidents. 24 (c) Not less than 3 years nor more than 5 years if, 25 for offenses occurring during any 10-year period, the driver 26 is convicted of or otherwise found to have committed three or 27 more violations of out-of-service orders in separate 28 incidents. 29 (d) Not less than 180 days nor more than 2 years if 30 the driver is convicted of or otherwise found to have 31 committed a first violation of an out-of-service order while 15 10:43 AM 04/25/05 s0530c1c-05-s02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 transporting hazardous materials required to be placarded 2 under the Hazardous Materials Transportation Act, 49 U.S.C. 3 ss. 5101 et seq., or while operating motor vehicles designed 4 to transport more than 15 passengers, including the driver. A 5 driver is disqualified for a period of not less than 3 years 6 nor more than 5 years if, for offenses occurring during any 7 10-year period, the driver is convicted of or otherwise found 8 to have committed any subsequent violations of out-of-service 9 orders, in separate incidents, while transporting hazardous 10 materials required to be placarded under the Hazardous 11 Materials Transportation Act 49 U.S.C. ss. 5101 et seq., or 12 while operating motor vehicles designed to transport more than 13 15 passengers, including the driver. 14 (10)(a) A driver must be disqualified for not less 15 than 60 days if the driver is convicted of or otherwise found 16 to have committed a first violation of a railroad-highway 17 grade crossing violation. 18 (b) A driver must be disqualified for not less than 19 120 days if, for offenses occurring during any 3-year period, 20 the driver is convicted of or otherwise found to have 21 committed a second railroad-highway grade crossing violation 22 in separate incidents. 23 (c) A driver must be disqualified for not less than 1 24 year if, for offenses occurring during any 3-year period, the 25 driver is convicted of or otherwise found to have committed a 26 third or subsequent railroad-highway grade crossing violation 27 in separate incidents. 28 Section 17. Subsection (1) of section 322.64, Florida 29 Statutes, is amended to read: 30 322.64 Holder of commercial driver's license; driving 31 with unlawful blood-alcohol level; refusal to submit to 16 10:43 AM 04/25/05 s0530c1c-05-s02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 breath, urine, or blood test.-- 2 (1)(a) A law enforcement officer or correctional 3 officer shall, on behalf of the department, disqualify from 4 operating any commercial motor vehicle a person who while 5 operating or in actual physical control of a commercial motor 6 vehicle is arrested for a violation of s. 316.193, relating to 7 unlawful blood-alcohol level or breath-alcohol level, or a 8 person who has refused to submit to a breath, urine, or blood 9 test authorized by s. 322.63 arising out of the operation or 10 actual physical control of a commercial motor vehicle. Upon 11 disqualification of the person, the officer shall take the 12 person's driver's license and, if the person is otherwise 13 eligible for the driving privilege, issue the person a 10-day 14 temporary permit for operation of noncommercial vehicles only 15 if the person is otherwise eligible for the driving privilege 16 and shall issue the person a notice of disqualification. If 17 the person has been given a blood, breath, or urine test, the 18 results of which are not available to the officer at the time 19 of the arrest, the agency employing the officer shall transmit 20 such results to the department within 5 days after receipt of 21 the results. If the department then determines that the 22 person was arrested for a violation of s. 316.193 and that the 23 person had a blood-alcohol level or breath-alcohol level of 24 0.08 or higher, the department shall disqualify the person 25 from operating a commercial motor vehicle pursuant to 26 subsection (3). 27 (b) The disqualification under paragraph (a) shall be 28 pursuant to, and the notice of disqualification shall inform 29 the driver of, the following: 30 1.a. The driver refused to submit to a lawful breath, 31 blood, or urine test and he or she is disqualified from 17 10:43 AM 04/25/05 s0530c1c-05-s02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 operating a commercial motor vehicle for a period of 1 year, 2 for a first refusal, or permanently, if he or she has 3 previously been disqualified as a result of a refusal to 4 submit to such a test; or 5 b. The driver violated s. 316.193 by driving with an 6 unlawful blood-alcohol level and he or she is disqualified 7 from operating a commercial motor vehicle for a period of 6 8 months for a first offense or for a period of 1 year if he or 9 she has previously been disqualified, or his or her driving 10 privilege has been previously suspended, for a violation of s. 11 316.193. 12 2. The disqualification period for operation of 13 commercial vehicles shall commence on the date of arrest or 14 issuance of notice of disqualification, whichever is later. 15 3. The driver may request a formal or informal review 16 of the disqualification by the department within 10 days after 17 the date of arrest or issuance of notice of disqualification, 18 whichever is later. 19 4. The temporary permit issued at the time of arrest 20 or disqualification will expire at midnight of the 10th day 21 following the date of disqualification. 22 5. The driver may submit to the department any 23 materials relevant to the arrest. 24 25 (Redesignate subsequent sections.) 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 On page 1, lines 2-18, delete those lines 31 18 10:43 AM 04/25/05 s0530c1c-05-s02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 and insert: 2 An act relating to motor vehicles; amending s. 3 322.271, F.S.; correcting a cross-reference; 4 creating s. 322.2715, F.S.; directing the 5 Department of Highway Safety and Motor Vehicles 6 to require the placement of a 7 department-approved ignition interlock device 8 on specified vehicles operated by any person 9 convicted of committing certain 10 driving-under-the-influence offenses; providing 11 an exception; specifying the duration of each 12 installation period based upon the number of 13 DUI convictions; directing the department to 14 require installation of the ignition interlock 15 if the court fails to order the mandatory 16 placement of the device or fails to order 17 placement for the applicable period; providing 18 an exception; creating s. 316.1576, F.S.; 19 providing that a person may not drive through a 20 railroad-highway grade crossing under certain 21 circumstances; providing a penalty; creating s. 22 316.1577, F.S.; prohibiting an employer from 23 authorizing a driver to violate any law 24 pertaining to railroad-highway grade crossings; 25 providing a penalty; amending s. 316.302, F.S.; 26 providing that certain owners or drivers of 27 commercial motor vehicles are subject to 28 certain federal regulations that existed on a 29 specified date; amending s. 318.14, F.S.; 30 prohibiting a person who holds a commercial 31 driver's license from electing to attend a 19 10:43 AM 04/25/05 s0530c1c-05-s02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 driver improvement course or pleading nolo 2 contendere after being cited for certain 3 driving infractions; amending s. 322.01, F.S.; 4 redefining the terms "commercial motor vehicle" 5 "conviction" and "out-of-service order"; 6 amending ss. 322.12 and 322.121, F.S.; 7 conforming cross-reference; amending s. 322.18, 8 F.S.; providing the expiration date of a 9 commercial driver's license for a person 10 applying for an original or renewal issuance of 11 such license; amending s. 322.21, F.S.; 12 providing a fee for a hazardous-materials 13 endorsement; requiring such fee to be deposited 14 into the Highway Safety Operating Trust Fund; 15 amending s. 322.212, F.S.; providing that a 16 person who provides false information when 17 applying for a commercial driver's license is 18 disqualified from operating a commercial motor 19 vehicle for a specified time; amending s. 20 322.53, F.S.; exempting military personnel who 21 operate vehicles for military purposes from the 22 requirement to obtain a commercial driver's 23 license; amending s. 322.54, F.S.; revising the 24 classifications for a driver's license; 25 amending s. 322.57, F.S.; providing additional 26 requirements for a person who drives a school 27 bus; amending s. 322.61, F.S.; revising 28 provisions governing disqualification from 29 operating a commercial motor vehicle; 30 clarifying and adding to the violations leading 31 to disqualification; providing for penalties in 20 10:43 AM 04/25/05 s0530c1c-05-s02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 530 Barcode 132602 1 addition to disqualification; amending s. 2 322.64, F.S.; revising provisions governing 3 disqualification of a commercial driver 4 arrested for unlawful alcohol levels or refusal 5 to submit to a test to measure alcohol levels; 6 providing an effective date. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 21 10:43 AM 04/25/05 s0530c1c-05-s02