HB 255

1
A bill to be entitled
2An act relating to farm labor vehicles; amending s.
3316.003, F.S.; providing definitions; repealing s.
4316.620, F.S., relating to transportation of migrant farm
5workers; creating s. 316.622, F.S.; requiring owners and
6operators of farm labor vehicles to conform such vehicles
7to certain standards; requiring seat belts at each
8passenger position in certain vehicles; requiring certain
9operators to display prescribed stickers on their
10vehicles; requiring a certain sign to be displayed in such
11vehicles; providing a penalty; amending ss. 320.38,
12322.031, and 450.181, F.S.; conforming provisions;
13amending s. 450.28, F.S.; revising a definition; amending
14s. 450.33, F.S.; conforming a cross-reference; requiring
15the department to issue a vehicle authorization sticker
16denoting the authorization of a vehicle to transport farm
17workers; requiring the display of the sticker; providing
18an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Subsections (61) and (62) of section 316.003,
23Florida Statutes, are amended to read:
24     316.003  Definitions.--The following words and phrases,
25when used in this chapter, shall have the meanings respectively
26ascribed to them in this section, except where the context
27otherwise requires:
28     (61)  MIGRANT OR SEASONAL FARM WORKER.--Any person employed
29in hand labor operations in the planting, cultivation, or
30harvesting of agricultural crops who is not indigenous to, or
31domiciled in, the locale where so employed.
32     (62)  FARM LABOR VEHICLE.--Any vehicle designed, used, or
33maintained for the transportation of nine or more migrant or
34seasonal farm workers, in addition to the driver, to or from a
35place of employment or employment-related activities. The term
36does not include:
37     (a)  Any vehicle carrying only members of the immediate
38family of the owner or driver.
39     (b)  Any vehicle being operated by a common carrier of
40passengers.
41     (c)  Any carpool as defined in s. 450.28(3). MIGRANT FARM
42WORKER CARRIER.--Any person who transports, or who contracts or
43arranges for the transportation of, nine or more migrant farm
44workers to or from their employment by motor vehicle other than
45a passenger automobile or station wagon, except a migrant farm
46worker transporting himself or herself or the migrant farm
47worker's immediate family.
48     Section 2.  Section 316.620, Florida Statutes, is repealed.
49     Section 3.  Section 316.622, Florida Statutes, is created
50to read:
51     316.622  Farm labor vehicles.--
52     (1)  Each owner or operator of a farm labor vehicle that is
53operated on the public highways of this state shall ensure that
54such vehicle conforms to vehicle safety standards prescribed by
55the Secretary of Labor under s. 401(b) of the Migrant and
56Seasonal Agricultural Worker Protection Act, 29 U.S.C. s.
571841(b), and other applicable federal and state safety
58standards.
59     (2)  On or after January 1, 2008, a farm labor vehicle
60having a gross vehicle weight rating of 10,000 pounds or less
61must be equipped at each passenger position with a seat belt
62assembly that meets the requirements established under Federal
63Motor Vehicle Safety Standard No. 208, 49 C.F.R. s. 571.208.
64     (3)  A farm labor contractor may not transport migrant or
65seasonal farm workers in a farm labor vehicle unless the display
66sticker described in s. 450.33 is clearly displayed on the
67vehicle.
68     (4)  The owner or operator of a farm labor vehicle must
69prominently display in the vehicle standardized notification
70instructions requiring passengers to fasten their seat belts.
71The Department of Highway Safety and Motor Vehicles shall create
72standard notification instructions.
73     (5)  A violation of this section is a noncriminal traffic
74infraction, punishable as a nonmoving violation as provided in
75chapter 318.
76     Section 4.  Section 320.38, Florida Statutes, is amended to
77read:
78     320.38  When nonresident exemption not allowed.--The
79provisions of s. 320.37 authorizing the operation of motor
80vehicles over the roads of this state by nonresidents of this
81state when such vehicles are duly registered or licensed under
82the laws of some other state or foreign country do not apply to
83any nonresident who accepts employment or engages in any trade,
84profession, or occupation in this state, except a nonresident
85migrant or seasonal farm worker as defined in s. 316.003(61). In
86every case in which a nonresident, except a nonresident migrant
87or seasonal farm worker as defined in s. 316.003(61), accepts
88employment or engages in any trade, profession, or occupation in
89this state or enters his or her children to be educated in the
90public schools of this state, such nonresident shall, within 10
91days after the commencement of such employment or education,
92register his or her motor vehicles in this state if such motor
93vehicles are proposed to be operated on the roads of this state.
94Any person who is enrolled as a student in a college or
95university and who is a nonresident but who is in this state for
96a period of up to 6 months engaged in a work-study program for
97which academic credits are earned from a college whose credits
98or degrees are accepted for credit by at least three accredited
99institutions of higher learning, as defined in s. 1005.02, is
100not required to have a Florida registration for the duration of
101the work-study program if the person's vehicle is properly
102registered in another jurisdiction. Any nonresident who is
103enrolled as a full-time student in such institution of higher
104learning is also exempt for the duration of such enrollment.
105     Section 5.  Subsection (1) of section 322.031, Florida
106Statutes, is amended to read:
107     322.031  Nonresident; when license required.--
108     (1)  In every case in which a nonresident, except a
109nonresident migrant or seasonal farm worker as defined in s.
110316.003(61), accepts employment or engages in any trade,
111profession, or occupation in this state or enters his or her
112children to be educated in the public schools of this state,
113such nonresident shall, within 30 days after the commencement of
114such employment or education, be required to obtain a Florida
115driver's license if such nonresident operates a motor vehicle on
116the highways of this state. The spouse or dependent child of
117such nonresident shall also be required to obtain a Florida
118driver's license within that 30-day period prior to operating a
119motor vehicle on the highways of this state.
120     Section 6.  Subsection (3) of section 450.181, Florida
121Statutes, is amended to read:
122     450.181  Definitions.--As used in part II, unless the
123context clearly requires a different meaning:
124     (3)  The term "migrant laborer" has the same meaning as
125migrant or seasonal farm workers as defined in s. 316.003(61).
126     Section 7.  Subsection (3) of section 450.28, Florida
127Statutes, is amended to read:
128     450.28  Definitions.--
129     (3)  "Carpool" means an arrangement made by the workers
130using one worker's own vehicle reached by and between farm
131workers for transportation to and from work and for which the
132driver or owner of the vehicle is not paid by any third person
133other than the members of the carpool.
134     Section 8.  Subsection (9) of section 450.33, Florida
135Statutes, is amended, and subsection (12) is added to that
136section, to read:
137     450.33  Duties of farm labor contractor.--Every farm labor
138contractor must:
139     (9)  Produce evidence to the department that each vehicle
140he or she uses for the transportation of employees complies with
141the requirements and specifications established in chapter 316,
142s. 316.622 316.620, or Pub. L. No. 93-518 as amended by Pub. L.
143No. 97-470 meeting Department of Transportation requirements or,
144in lieu thereof, bears a valid inspection sticker showing that
145the vehicle has passed the inspection in the state in which the
146vehicle is registered.
147     (12)  Clearly display on each vehicle used to transport
148farm workers a display sticker issued by the department, which
149states that the vehicle is authorized by the department to
150transport farm workers and the expiration date of the
151authorization.
152     Section 9.  This act shall take effect July 1, 2006.


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