| 1 | The Transportation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to motor vehicle passenger safety; |
| 7 | amending s. 316.003, F.S.; providing definitions; |
| 8 | repealing s. 316.620, F.S., relating to transportation of |
| 9 | migrant farm workers; creating s. 316.622, F.S.; requiring |
| 10 | owners and operators of farm labor vehicles to conform |
| 11 | such vehicles to certain standards; requiring seat belts |
| 12 | at each passenger position in certain vehicles; requiring |
| 13 | certain operators to display prescribed stickers on their |
| 14 | vehicles; requiring a certain sign to be displayed in such |
| 15 | vehicles; providing for consideration in civil proceedings |
| 16 | of failure to use or require use of installed seat belts; |
| 17 | requiring the Department of Highway Safety and Motor |
| 18 | Vehicles to provide copies of certain accident reports to |
| 19 | the Department of Business and Professional Regulation; |
| 20 | providing a penalty; amending s. 318.18, F.S.; providing |
| 21 | penalties for violation of specified farm labor vehicle |
| 22 | requirements; amending ss. 320.38, 322.031, and 450.181, |
| 23 | F.S.; conforming provisions; amending s. 450.28, F.S.; |
| 24 | revising a definition; amending s. 450.33, F.S.; |
| 25 | conforming a cross-reference; requiring the Department of |
| 26 | Business and Professional Regulation to issue a vehicle |
| 27 | authorization sticker denoting the authorization of a |
| 28 | vehicle to transport certain farm workers; requiring the |
| 29 | display of the sticker; amending s. 1006.22, F.S.; |
| 30 | revising provisions for the transportation of students in |
| 31 | a vehicle other than a school bus; providing for use of |
| 32 | such vehicle for mid-day trips to certain agriculture- |
| 33 | related sites and events; revising criteria for such |
| 34 | vehicles and their use; requiring district school boards |
| 35 | and charter schools to adopt a policy that addresses |
| 36 | procedures and liability for trips using vehicles other |
| 37 | than school buses; providing an effective date. |
| 38 |
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| 39 | Be It Enacted by the Legislature of the State of Florida: |
| 40 |
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| 41 | Section 1. Subsections (61) and (62) of section 316.003, |
| 42 | Florida Statutes, are amended to read: |
| 43 | 316.003 Definitions.--The following words and phrases, |
| 44 | when used in this chapter, shall have the meanings respectively |
| 45 | ascribed to them in this section, except where the context |
| 46 | otherwise requires: |
| 47 | (61) MIGRANT OR SEASONAL FARM WORKER.--Any person employed |
| 48 | in hand labor operations in the planting, cultivation, or |
| 49 | harvesting of agricultural crops who is not indigenous to, or |
| 50 | domiciled in, the locale where so employed. |
| 51 | (62) FARM LABOR VEHICLE.--Any vehicle designed, used, or |
| 52 | maintained for the transportation of nine or more migrant or |
| 53 | seasonal farm workers, in addition to the driver, to or from a |
| 54 | place of employment or employment-related activities. The term |
| 55 | does not include: |
| 56 | (a) Any vehicle carrying only members of the immediate |
| 57 | family of the owner or driver. |
| 58 | (b) Any vehicle being operated by a common carrier of |
| 59 | passengers. |
| 60 | (c) Any carpool as defined in s. 450.28(3). MIGRANT FARM |
| 61 | WORKER CARRIER.--Any person who transports, or who contracts or |
| 62 | arranges for the transportation of, nine or more migrant farm |
| 63 | workers to or from their employment by motor vehicle other than |
| 64 | a passenger automobile or station wagon, except a migrant farm |
| 65 | worker transporting himself or herself or the migrant farm |
| 66 | worker's immediate family. |
| 67 | Section 2. Section 316.620, Florida Statutes, is repealed. |
| 68 | Section 3. Section 316.622, Florida Statutes, is created |
| 69 | to read: |
| 70 | 316.622 Farm labor vehicles.-- |
| 71 | (1) Each owner or operator of a farm labor vehicle that is |
| 72 | operated on the public highways of this state shall ensure that |
| 73 | such vehicle conforms to vehicle safety standards prescribed by |
| 74 | the Secretary of Labor under s. 401(b) of the Migrant and |
| 75 | Seasonal Agricultural Worker Protection Act, 29 U.S.C. s. |
| 76 | 1841(b), and other applicable federal and state safety |
| 77 | standards. |
| 78 | (2) On or after January 1, 2008, a farm labor vehicle |
| 79 | having a gross vehicle weight rating of 10,000 pounds or less |
| 80 | must be equipped at each passenger position with a seat belt |
| 81 | assembly that meets the requirements established under Federal |
| 82 | Motor Vehicle Safety Standard No. 208, 49 C.F.R. s. 571.208. |
| 83 | (3) A farm labor contractor may not transport migrant or |
| 84 | seasonal farm workers in a farm labor vehicle unless the display |
| 85 | sticker described in s. 450.33 is clearly displayed on the |
| 86 | vehicle. |
| 87 | (4) The owner or operator of a farm labor vehicle must |
| 88 | prominently display in the vehicle standardized notification |
| 89 | instructions requiring passengers to fasten their seat belts. |
| 90 | The Department of Highway Safety and Motor Vehicles shall create |
| 91 | standard notification instructions. |
| 92 | (5) Failure of any migrant or seasonal farm worker to use |
| 93 | a seat belt provided by the owner of a farm labor vehicle under |
| 94 | the provisions of this section shall not constitute negligence |
| 95 | per se, and such failure shall not be used as prima facie |
| 96 | evidence of negligence or considered in mitigation of damages; |
| 97 | however, such failure may be considered as evidence of |
| 98 | comparative negligence in any civil action. |
| 99 | (6) Failure of any owner or operator of a farm labor |
| 100 | vehicle to require that all passengers be restrained by a seat |
| 101 | belt when the vehicle is in motion may not be considered as |
| 102 | evidence of negligence in any civil action, provided that such |
| 103 | vehicle is otherwise in compliance with this section. |
| 104 | (7) Beginning the first quarter of the 2006-2007 fiscal |
| 105 | year, and each quarter thereafter, the department shall provide |
| 106 | to the Department of Business and Professional Regulation a copy |
| 107 | of each accident report involving a farm labor vehicle. |
| 108 | (8) A violation of this section is a noncriminal traffic |
| 109 | infraction, punishable as provided in s. 318.18(16). |
| 110 | Section 4. Subsection (16) is added to section 318.18, |
| 111 | Florida Statutes, to read: |
| 112 | 318.18 Amount of civil penalties.--The penalties required |
| 113 | for a noncriminal disposition pursuant to s. 318.14 are as |
| 114 | follows: |
| 115 | (16)(a) Two hundred dollars for a violation of s. |
| 116 | 316.622(1) or (2), operating a farm labor vehicle which fails to |
| 117 | conform to vehicle safety standards or lack of seat belt |
| 118 | assemblies at each passenger position. |
| 119 | (b) One hundred dollars for a violation of s. 316.622(3) |
| 120 | or (4), failing to display a sticker authorizing the vehicle to |
| 121 | transport migrant or seasonal farm workers or failing to display |
| 122 | standardized notification instructions requiring passengers to |
| 123 | fasten their seat belts. |
| 124 | Section 5. Section 320.38, Florida Statutes, is amended to |
| 125 | read: |
| 126 | 320.38 When nonresident exemption not allowed.--The |
| 127 | provisions of s. 320.37 authorizing the operation of motor |
| 128 | vehicles over the roads of this state by nonresidents of this |
| 129 | state when such vehicles are duly registered or licensed under |
| 130 | the laws of some other state or foreign country do not apply to |
| 131 | any nonresident who accepts employment or engages in any trade, |
| 132 | profession, or occupation in this state, except a nonresident |
| 133 | migrant or seasonal farm worker as defined in s. 316.003(61). In |
| 134 | every case in which a nonresident, except a nonresident migrant |
| 135 | or seasonal farm worker as defined in s. 316.003(61), accepts |
| 136 | employment or engages in any trade, profession, or occupation in |
| 137 | this state or enters his or her children to be educated in the |
| 138 | public schools of this state, such nonresident shall, within 10 |
| 139 | days after the commencement of such employment or education, |
| 140 | register his or her motor vehicles in this state if such motor |
| 141 | vehicles are proposed to be operated on the roads of this state. |
| 142 | Any person who is enrolled as a student in a college or |
| 143 | university and who is a nonresident but who is in this state for |
| 144 | a period of up to 6 months engaged in a work-study program for |
| 145 | which academic credits are earned from a college whose credits |
| 146 | or degrees are accepted for credit by at least three accredited |
| 147 | institutions of higher learning, as defined in s. 1005.02, is |
| 148 | not required to have a Florida registration for the duration of |
| 149 | the work-study program if the person's vehicle is properly |
| 150 | registered in another jurisdiction. Any nonresident who is |
| 151 | enrolled as a full-time student in such institution of higher |
| 152 | learning is also exempt for the duration of such enrollment. |
| 153 | Section 6. Subsection (1) of section 322.031, Florida |
| 154 | Statutes, is amended to read: |
| 155 | 322.031 Nonresident; when license required.-- |
| 156 | (1) In every case in which a nonresident, except a |
| 157 | nonresident migrant or seasonal farm worker as defined in s. |
| 158 | 316.003(61), accepts employment or engages in any trade, |
| 159 | profession, or occupation in this state or enters his or her |
| 160 | children to be educated in the public schools of this state, |
| 161 | such nonresident shall, within 30 days after the commencement of |
| 162 | such employment or education, be required to obtain a Florida |
| 163 | driver's license if such nonresident operates a motor vehicle on |
| 164 | the highways of this state. The spouse or dependent child of |
| 165 | such nonresident shall also be required to obtain a Florida |
| 166 | driver's license within that 30-day period prior to operating a |
| 167 | motor vehicle on the highways of this state. |
| 168 | Section 7. Subsection (3) of section 450.181, Florida |
| 169 | Statutes, is amended to read: |
| 170 | 450.181 Definitions.--As used in part II, unless the |
| 171 | context clearly requires a different meaning: |
| 172 | (3) The term "migrant laborer" has the same meaning as |
| 173 | migrant or seasonal farm workers as defined in s. 316.003(61). |
| 174 | Section 8. Subsection (3) of section 450.28, Florida |
| 175 | Statutes, is amended to read: |
| 176 | 450.28 Definitions.-- |
| 177 | (3) "Carpool" means an arrangement made by the workers |
| 178 | using one worker's own vehicle reached by and between farm |
| 179 | workers for transportation to and from work and for which the |
| 180 | driver or owner of the vehicle is not paid by any third person |
| 181 | other than the members of the carpool. |
| 182 | Section 9. Subsection (9) of section 450.33, Florida |
| 183 | Statutes, is amended, and subsection (12) is added to that |
| 184 | section, to read: |
| 185 | 450.33 Duties of farm labor contractor.--Every farm labor |
| 186 | contractor must: |
| 187 | (9) Produce evidence to the department that each vehicle |
| 188 | he or she uses for the transportation of employees complies with |
| 189 | the requirements and specifications established in chapter 316, |
| 190 | s. 316.622 316.620, or Pub. L. No. 93-518 as amended by Pub. L. |
| 191 | No. 97-470 meeting Department of Transportation requirements or, |
| 192 | in lieu thereof, bears a valid inspection sticker showing that |
| 193 | the vehicle has passed the inspection in the state in which the |
| 194 | vehicle is registered. |
| 195 | (12) Clearly display on each vehicle used to transport |
| 196 | migrant or seasonal farm workers a display sticker issued by the |
| 197 | department which states that the vehicle is authorized by the |
| 198 | department to transport migrant or seasonal farm workers and the |
| 199 | expiration date of the authorization. |
| 200 | Section 10. Subsection (1) of section 1006.22, Florida |
| 201 | Statutes, is amended to read: |
| 202 | 1006.22 Safety and health of students being |
| 203 | transported.--Maximum regard for safety and adequate protection |
| 204 | of health are primary requirements that must be observed by |
| 205 | district school boards in routing buses, appointing drivers, and |
| 206 | providing and operating equipment, in accordance with all |
| 207 | requirements of law and rules of the State Board of Education in |
| 208 | providing transportation pursuant to s. 1006.21: |
| 209 | (1)(a) District school boards shall use school buses, as |
| 210 | defined in s. 1006.25, for all regular transportation. Regular |
| 211 | transportation or regular use means transportation of students |
| 212 | to and from school or school-related activities that are part of |
| 213 | a scheduled series or sequence of events to the same location. |
| 214 | "Students" means, for the purposes of this section, students |
| 215 | enrolled in the public schools in prekindergarten disability |
| 216 | programs and in kindergarten through grade 12. District school |
| 217 | boards may regularly use motor vehicles other than school buses |
| 218 | only under the following conditions: |
| 219 | 1.(a) When the transportation is for physically |
| 220 | handicapped or isolated students and the district school board |
| 221 | has elected to provide for the transportation of the student |
| 222 | through written or oral contracts or agreements. |
| 223 | 2.(b) When the transportation is a part of a comprehensive |
| 224 | contract for a specialized educational program between a |
| 225 | district school board and a service provider who provides |
| 226 | instruction, transportation, and other services. |
| 227 | 3.(c) When the transportation is provided through a public |
| 228 | transit system. |
| 229 | 4.(d) When the transportation is for mid-day trips to and |
| 230 | from school sites and agricultural education sites or for trips |
| 231 | to and from agricultural education-related events and |
| 232 | competitions. When the transportation of students is necessary |
| 233 | or practical in a motor vehicle owned or operated by a district |
| 234 | school board other than a school bus, such transportation must |
| 235 | be provided in designated seating positions in a passenger car |
| 236 | not to exceed 8 students or in a multipurpose passenger vehicle |
| 237 | designed to transport 10 or fewer persons which meets all |
| 238 | applicable federal motor vehicle safety standards. Multipurpose |
| 239 | passenger vehicles classified as utility vehicles with a |
| 240 | wheelbase of 110 inches or less which are required by federal |
| 241 | motor vehicle standards to display a rollover warning label may |
| 242 | not be used. |
| 243 | (b) When the transportation of students is provided, as |
| 244 | authorized in this subsection, in a vehicle, other than a school |
| 245 | bus, that is owned, operated, rented, contracted, or leased by a |
| 246 | school district or charter school, the following provisions |
| 247 | shall apply: |
| 248 | 1. The vehicle must be a passenger car, multipurpose |
| 249 | passenger vehicle, or truck, as defined in Title 49 C.F.R. part |
| 250 | 571, designed to transport fewer than 10 students. Students must |
| 251 | be transported in designated seating positions and must use the |
| 252 | occupant protection system provided by the manufacturer unless |
| 253 | the student's physical condition prohibits such use. |
| 254 | 2. Authorized vehicles may not be driven by students on |
| 255 | public rights-of-way. An authorized vehicle may be driven by a |
| 256 | student on school or private property without other students in |
| 257 | the vehicle as part of the student's educational curriculum. |
| 258 | 3. Drivers of authorized vehicles transporting students |
| 259 | must maintain a valid driver's license and must comply with the |
| 260 | requirements of the district's locally adopted safe driver plan, |
| 261 | including review of driving records for disqualifying |
| 262 | violations. |
| 263 | 4. The district school board or charter school must adopt |
| 264 | a policy that addresses procedures and liability for trips under |
| 265 | this paragraph, including a provision that school buses are to |
| 266 | be used whenever practical and specifying consequences for |
| 267 | violation of the policy. |
| 268 |
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| 269 | When students are transported in motor vehicles, the occupant |
| 270 | crash protection system provided by the vehicle manufacturer |
| 271 | must be used unless the student's physical condition prohibits |
| 272 | such use. |
| 273 | Section 11. This act shall take effect July 1, 2006. |