HB 255

1	A bill to be entitled
2	An act relating to farm labor vehicles; amending s.
3	316.003, F.S.; providing definitions; repealing s.
4	316.620, F.S., relating to transportation of migrant farm
5	workers; creating s. 316.622, F.S.; requiring owners and
6	operators of farm labor vehicles to conform such vehicles
7	to certain standards; requiring seat belts at each
8	passenger position in certain vehicles; requiring certain
9	operators to display prescribed stickers on their
10	vehicles; requiring a certain sign to be displayed in such
11	vehicles; providing a penalty; amending ss. 320.38,
12	322.031, and 450.181, F.S.; conforming provisions;
13	amending s. 450.28, F.S.; revising a definition; amending
14	s. 450.33, F.S.; conforming a cross-reference; requiring
15	the department to issue a vehicle authorization sticker
16	denoting the authorization of a vehicle to transport farm
17	workers; requiring the display of the sticker; providing
18	an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Subsections (61) and (62) of section 316.003,
23	Florida Statutes, are amended to read:
24	316.003  Definitions.--The following words and phrases,
25	when used in this chapter, shall have the meanings respectively
26	ascribed to them in this section, except where the context
27	otherwise requires:
28	(61)  MIGRANT OR SEASONAL FARM WORKER.--Any person employed
29	in hand labor operations in the planting, cultivation, or
30	harvesting of agricultural crops who is not indigenous to, or
31	domiciled in, the locale where so employed.
32	(62)  FARM LABOR VEHICLE.--Any vehicle designed, used, or
33	maintained for the transportation of nine or more migrant or
34	seasonal farm workers, in addition to the driver, to or from a
35	place of employment or employment-related activities. The term
36	does not include:
37	(a)  Any vehicle carrying only members of the immediate
38	family of the owner or driver.
39	(b)  Any vehicle being operated by a common carrier of
40	passengers.
41	(c)  Any carpool as defined in s. 450.28(3). MIGRANT FARM
42	WORKER CARRIER.--Any person who transports, or who contracts or
43	arranges for the transportation of, nine or more migrant farm
44	workers to or from their employment by motor vehicle other than
45	a passenger automobile or station wagon, except a migrant farm
46	worker transporting himself or herself or the migrant farm
47	worker's immediate family.
48	Section 2.  Section 316.620, Florida Statutes, is repealed.
49	Section 3.  Section 316.622, Florida Statutes, is created
50	to read:
51	316.622  Farm labor vehicles.--
52	(1)  Each owner or operator of a farm labor vehicle that is
53	operated on the public highways of this state shall ensure that
54	such vehicle conforms to vehicle safety standards prescribed by
55	the Secretary of Labor under s. 401(b) of the Migrant and
56	Seasonal Agricultural Worker Protection Act, 29 U.S.C. s.
57	1841(b), and other applicable federal and state safety
58	standards.
59	(2)  On or after January 1, 2008, a farm labor vehicle
60	having a gross vehicle weight rating of 10,000 pounds or less
61	must be equipped at each passenger position with a seat belt
62	assembly that meets the requirements established under Federal
63	Motor Vehicle Safety Standard No. 208, 49 C.F.R. s. 571.208.
64	(3)  A farm labor contractor may not transport migrant or
65	seasonal farm workers in a farm labor vehicle unless the display
66	sticker described in s. 450.33 is clearly displayed on the
67	vehicle.
68	(4)  The owner or operator of a farm labor vehicle must
69	prominently display in the vehicle standardized notification
70	instructions requiring passengers to fasten their seat belts.
71	The Department of Highway Safety and Motor Vehicles shall create
72	standard notification instructions.
73	(5)  A violation of this section is a noncriminal traffic
74	infraction, punishable as a nonmoving violation as provided in
75	chapter 318.
76	Section 4.  Section 320.38, Florida Statutes, is amended to
77	read:
78	320.38  When nonresident exemption not allowed.--The
79	provisions of s. 320.37 authorizing the operation of motor
80	vehicles over the roads of this state by nonresidents of this
81	state when such vehicles are duly registered or licensed under
82	the laws of some other state or foreign country do not apply to
83	any nonresident who accepts employment or engages in any trade,
84	profession, or occupation in this state, except a nonresident
85	migrant or seasonal farm worker as defined in s. 316.003(61). In
86	every case in which a nonresident, except a nonresident migrant
87	or seasonal farm worker as defined in s. 316.003(61), accepts
88	employment or engages in any trade, profession, or occupation in
89	this state or enters his or her children to be educated in the
90	public schools of this state, such nonresident shall, within 10
91	days after the commencement of such employment or education,
92	register his or her motor vehicles in this state if such motor
93	vehicles are proposed to be operated on the roads of this state.
94	Any person who is enrolled as a student in a college or
95	university and who is a nonresident but who is in this state for
96	a period of up to 6 months engaged in a work-study program for
97	which academic credits are earned from a college whose credits
98	or degrees are accepted for credit by at least three accredited
99	institutions of higher learning, as defined in s. 1005.02, is
100	not required to have a Florida registration for the duration of
101	the work-study program if the person's vehicle is properly
102	registered in another jurisdiction. Any nonresident who is
103	enrolled as a full-time student in such institution of higher
104	learning is also exempt for the duration of such enrollment.
105	Section 5.  Subsection (1) of section 322.031, Florida
106	Statutes, is amended to read:
107	322.031  Nonresident; when license required.--
108	(1)  In every case in which a nonresident, except a
109	nonresident migrant or seasonal farm worker as defined in s.
110	316.003(61), accepts employment or engages in any trade,
111	profession, or occupation in this state or enters his or her
112	children to be educated in the public schools of this state,
113	such nonresident shall, within 30 days after the commencement of
114	such employment or education, be required to obtain a Florida
115	driver's license if such nonresident operates a motor vehicle on
116	the highways of this state. The spouse or dependent child of
117	such nonresident shall also be required to obtain a Florida
118	driver's license within that 30-day period prior to operating a
119	motor vehicle on the highways of this state.
120	Section 6.  Subsection (3) of section 450.181, Florida
121	Statutes, is amended to read:
122	450.181  Definitions.--As used in part II, unless the
123	context clearly requires a different meaning:
124	(3)  The term "migrant laborer" has the same meaning as
125	migrant or seasonal farm workers as defined in s. 316.003(61).
126	Section 7.  Subsection (3) of section 450.28, Florida
127	Statutes, is amended to read:
128	450.28  Definitions.--
129	(3)  "Carpool" means an arrangement made by the workers
130	using one worker's own vehicle reached by and between farm
131	workers for transportation to and from work and for which the
132	driver or owner of the vehicle is not paid by any third person
133	other than the members of the carpool.
134	Section 8.  Subsection (9) of section 450.33, Florida
135	Statutes, is amended, and subsection (12) is added to that
136	section, to read:
137	450.33  Duties of farm labor contractor.--Every farm labor
138	contractor must:
139	(9)  Produce evidence to the department that each vehicle
140	he or she uses for the transportation of employees complies with
141	the requirements and specifications established in chapter 316,
142	s. 316.622 316.620, or Pub. L. No. 93-518 as amended by Pub. L.
143	No. 97-470 meeting Department of Transportation requirements or,
144	in lieu thereof, bears a valid inspection sticker showing that
145	the vehicle has passed the inspection in the state in which the
146	vehicle is registered.
147	(12)  Clearly display on each vehicle used to transport
148	farm workers a display sticker issued by the department, which
149	states that the vehicle is authorized by the department to
150	transport farm workers and the expiration date of the
151	authorization.
152	Section 9.  This act shall take effect July 1, 2006.

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