| 1 | The State Resources Council 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 farm labor vehicles; amending s. |
| 7 | 316.003, F.S.; revising the definition of "migrant farm |
| 8 | worker" to include seasonal farm workers; defining the |
| 9 | term "farm labor vehicle"; removing the definition of |
| 10 | "migrant farm worker carrier"; repealing s. 316.620, F.S., |
| 11 | relating to transportation of migrant farm workers; |
| 12 | creating s. 316.622, F.S.; requiring owners and operators |
| 13 | of farm labor vehicles to conform such vehicles to certain |
| 14 | standards; requiring seat belts at each passenger position |
| 15 | in certain vehicles; requiring certain operators to |
| 16 | display prescribed stickers on their vehicles; requiring a |
| 17 | certain sign to be displayed in such vehicles; providing |
| 18 | for consideration in civil proceedings of failure to use |
| 19 | or require use of installed seat belts; requiring the |
| 20 | Department of Highway Safety and Motor Vehicles to provide |
| 21 | copies of certain accident reports to the Department of |
| 22 | Business and Professional Regulation; providing a penalty; |
| 23 | amending s. 318.18, F.S.; providing penalties for |
| 24 | violation of specified farm labor vehicle requirements; |
| 25 | amending s. 318.21, F.S.; providing for disposition and |
| 26 | use of the proceeds from the penalties imposed; amending |
| 27 | ss. 320.38, 322.031, and 450.181, F.S.; conforming |
| 28 | provisions; amending s. 450.28, F.S.; revising the |
| 29 | definition of "carpool"; amending s. 450.33, F.S.; |
| 30 | conforming a cross-reference; requiring farm labor |
| 31 | contractors to display on each vehicle used to transport |
| 32 | migrant or seasonal farm workers a vehicle authorization |
| 33 | sticker issued by the Department of Business and |
| 34 | Professional Regulation; providing an effective date. |
| 35 |
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| 36 | Be It Enacted by the Legislature of the State of Florida: |
| 37 |
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| 38 | Section 1. Subsections (61) and (62) of section 316.003, |
| 39 | Florida Statutes, are amended to read: |
| 40 | 316.003 Definitions.--The following words and phrases, |
| 41 | when used in this chapter, shall have the meanings respectively |
| 42 | ascribed to them in this section, except where the context |
| 43 | otherwise requires: |
| 44 | (61) MIGRANT OR SEASONAL FARM WORKER.--Any person employed |
| 45 | in hand labor operations in the planting, cultivation, or |
| 46 | harvesting of agricultural crops who is not indigenous to, or |
| 47 | domiciled in, the locale where so employed. |
| 48 | (62) FARM LABOR VEHICLE.--Any vehicle designed, used, and |
| 49 | maintained for the transportation of nine or more migrant or |
| 50 | seasonal farm workers, in addition to the driver, to or from a |
| 51 | place of employment or employment-related activities. The term |
| 52 | does not include: |
| 53 | (a) Any vehicle carrying only members of the immediate |
| 54 | family of the owner or driver. |
| 55 | (b) Any vehicle being operated by a common carrier of |
| 56 | passengers. |
| 57 | (c) Any carpool as defined in s. 450.28(3). MIGRANT FARM |
| 58 | WORKER CARRIER.--Any person who transports, or who contracts or |
| 59 | arranges for the transportation of, nine or more migrant farm |
| 60 | workers to or from their employment by motor vehicle other than |
| 61 | a passenger automobile or station wagon, except a migrant farm |
| 62 | worker transporting himself or herself or the migrant farm |
| 63 | worker's immediate family. |
| 64 | Section 2. Section 316.620, Florida Statutes, is repealed. |
| 65 | Section 3. Section 316.622, Florida Statutes, is created |
| 66 | to read: |
| 67 | 316.622 Farm labor vehicles.-- |
| 68 | (1) Each owner or operator of a farm labor vehicle that is |
| 69 | operated on the public highways of this state shall ensure that |
| 70 | such vehicle conforms to vehicle safety standards prescribed by |
| 71 | the Secretary of Labor under s. 401(b) of the Migrant and |
| 72 | Seasonal Agricultural Worker Protection Act, 29 U.S.C. s. |
| 73 | 1841(b), and other applicable federal and state safety |
| 74 | standards. |
| 75 | (2) On or after January 1, 2008, a farm labor vehicle |
| 76 | having a gross vehicle weight rating of 10,000 pounds or less |
| 77 | must be equipped at each passenger position with a seat belt |
| 78 | assembly that meets the requirements established under Federal |
| 79 | Motor Vehicle Safety Standard No. 208, 49 C.F.R. s. 571.208. |
| 80 | (3) A farm labor contractor may not transport migrant or |
| 81 | seasonal farm workers in a farm labor vehicle unless the display |
| 82 | sticker described in s. 450.33 is clearly displayed on the |
| 83 | vehicle. |
| 84 | (4) The owner or operator of a farm labor vehicle must |
| 85 | prominently display in the vehicle standardized notification |
| 86 | instructions requiring passengers to fasten their seat belts. |
| 87 | The Department of Highway Safety and Motor Vehicles shall create |
| 88 | standard notification instructions. |
| 89 | (5) Failure of any migrant or seasonal farm worker to use |
| 90 | a seat belt provided by the owner of a farm labor vehicle under |
| 91 | the provisions of this section shall not constitute negligence |
| 92 | per se, and such failure shall not be used as prima facie |
| 93 | evidence of negligence or considered in mitigation of damages; |
| 94 | however, such failure may be considered as evidence of |
| 95 | comparative negligence in any civil action. |
| 96 | (6) Failure of any owner or operator of a farm labor |
| 97 | vehicle to require that all passengers be restrained by a seat |
| 98 | belt when the vehicle is in motion may not be considered as |
| 99 | evidence of negligence in any civil action, provided that such |
| 100 | vehicle is otherwise in compliance with this section. |
| 101 | (7) Beginning the first quarter of the 2006-2007 fiscal |
| 102 | year, and each quarter thereafter, the department shall provide |
| 103 | to the Department of Business and Professional Regulation a copy |
| 104 | of each accident report involving a farm labor vehicle. |
| 105 | (8) A violation of this section is a noncriminal traffic |
| 106 | infraction, punishable as provided in s. 318.18(16). |
| 107 | Section 4. Subsection (16) is added to section 318.18, |
| 108 | Florida Statutes, to read: |
| 109 | 318.18 Amount of civil penalties.--The penalties required |
| 110 | for a noncriminal disposition pursuant to s. 318.14 are as |
| 111 | follows: |
| 112 | (16)(a) Two hundred dollars for a violation of s. |
| 113 | 316.622(1) or (2), operating a farm labor vehicle which fails to |
| 114 | conform to vehicle safety standards or lack of seat belt |
| 115 | assemblies at each passenger position. |
| 116 | (b) One hundred dollars for a violation of s. 316.622(3) |
| 117 | or (4), failing to display a sticker authorizing the vehicle to |
| 118 | transport migrant or seasonal farm workers or failing to display |
| 119 | standardized notification instructions requiring passengers to |
| 120 | fasten their seat belts. |
| 121 | Section 5. Subsection (15) is added to section 318.21, |
| 122 | Florida Statutes, to read: |
| 123 | 318.21 Disposition of civil penalties by county |
| 124 | courts.--All civil penalties received by a county court pursuant |
| 125 | to the provisions of this chapter shall be distributed and paid |
| 126 | monthly as follows: |
| 127 | (15) The proceeds from the penalties imposed under s. |
| 128 | 318.18(16) shall be remitted to the law enforcement agency |
| 129 | issuing the citation for a violation of s. 316.622. The funds |
| 130 | shall be utilized for continued education and enforcement of the |
| 131 | provisions of s. 316.622 and other related safety measures |
| 132 | contained in chapter 316. |
| 133 | Section 6. Section 320.38, Florida Statutes, is amended to |
| 134 | read: |
| 135 | 320.38 When nonresident exemption not allowed.--The |
| 136 | provisions of s. 320.37 authorizing the operation of motor |
| 137 | vehicles over the roads of this state by nonresidents of this |
| 138 | state when such vehicles are duly registered or licensed under |
| 139 | the laws of some other state or foreign country do not apply to |
| 140 | any nonresident who accepts employment or engages in any trade, |
| 141 | profession, or occupation in this state, except a nonresident |
| 142 | migrant or seasonal farm worker as defined in s. 316.003(61). In |
| 143 | every case in which a nonresident, except a nonresident migrant |
| 144 | or seasonal farm worker as defined in s. 316.003(61), accepts |
| 145 | employment or engages in any trade, profession, or occupation in |
| 146 | this state or enters his or her children to be educated in the |
| 147 | public schools of this state, such nonresident shall, within 10 |
| 148 | days after the commencement of such employment or education, |
| 149 | register his or her motor vehicles in this state if such motor |
| 150 | vehicles are proposed to be operated on the roads of this state. |
| 151 | Any person who is enrolled as a student in a college or |
| 152 | university and who is a nonresident but who is in this state for |
| 153 | a period of up to 6 months engaged in a work-study program for |
| 154 | which academic credits are earned from a college whose credits |
| 155 | or degrees are accepted for credit by at least three accredited |
| 156 | institutions of higher learning, as defined in s. 1005.02, is |
| 157 | not required to have a Florida registration for the duration of |
| 158 | the work-study program if the person's vehicle is properly |
| 159 | registered in another jurisdiction. Any nonresident who is |
| 160 | enrolled as a full-time student in such institution of higher |
| 161 | learning is also exempt for the duration of such enrollment. |
| 162 | Section 7. Subsection (1) of section 322.031, Florida |
| 163 | Statutes, is amended to read: |
| 164 | 322.031 Nonresident; when license required.-- |
| 165 | (1) In every case in which a nonresident, except a |
| 166 | nonresident migrant or seasonal farm worker as defined in s. |
| 167 | 316.003(61), accepts employment or engages in any trade, |
| 168 | profession, or occupation in this state or enters his or her |
| 169 | children to be educated in the public schools of this state, |
| 170 | such nonresident shall, within 30 days after the commencement of |
| 171 | such employment or education, be required to obtain a Florida |
| 172 | driver's license if such nonresident operates a motor vehicle on |
| 173 | the highways of this state. The spouse or dependent child of |
| 174 | such nonresident shall also be required to obtain a Florida |
| 175 | driver's license within that 30-day period prior to operating a |
| 176 | motor vehicle on the highways of this state. |
| 177 | Section 8. Subsection (3) of section 450.181, Florida |
| 178 | Statutes, is amended to read: |
| 179 | 450.181 Definitions.--As used in part II, unless the |
| 180 | context clearly requires a different meaning: |
| 181 | (3) The term "migrant laborer" has the same meaning as |
| 182 | migrant or seasonal farm workers as defined in s. 316.003(61). |
| 183 | Section 9. Subsection (3) of section 450.28, Florida |
| 184 | Statutes, is amended to read: |
| 185 | 450.28 Definitions.-- |
| 186 | (3) "Carpool" means an arrangement made by the workers |
| 187 | using one worker's own vehicle reached by and between farm |
| 188 | workers for transportation to and from work and for which the |
| 189 | driver or owner of the vehicle is not paid by any third person |
| 190 | other than the members of the carpool. |
| 191 | Section 10. Subsection (9) of section 450.33, Florida |
| 192 | Statutes, is amended, and subsection (12) is added to that |
| 193 | section, to read: |
| 194 | 450.33 Duties of farm labor contractor.--Every farm labor |
| 195 | contractor must: |
| 196 | (9) Produce evidence to the department that each vehicle |
| 197 | he or she uses for the transportation of employees complies with |
| 198 | the requirements and specifications established in chapter 316, |
| 199 | s. 316.622 316.620, or Pub. L. No. 93-518 as amended by Pub. L. |
| 200 | No. 97-470 meeting Department of Transportation requirements or, |
| 201 | in lieu thereof, bears a valid inspection sticker showing that |
| 202 | the vehicle has passed the inspection in the state in which the |
| 203 | vehicle is registered. |
| 204 | (12) Clearly display on each vehicle used to transport |
| 205 | migrant or seasonal farm workers a display sticker issued by the |
| 206 | department which states that the vehicle is authorized by the |
| 207 | department to transport migrant or seasonal farm workers and the |
| 208 | expiration date of the authorization. |
| 209 | Section 11. This act shall take effect July 1, 2006. |