Senate Bill sb0258e2
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1 A bill to be entitled
2 An act relating to farm labor vehicles;
3 amending s. 316.003, F.S.; providing
4 definitions; repealing s. 316.620, F.S.,
5 relating to transportation of migrant farm
6 workers; creating s. 316.622, F.S.; requiring
7 owners and operators of farm labor vehicles to
8 conform such vehicles to certain standards;
9 requiring seat belts at each passenger position
10 in certain vehicles; requiring certain
11 operators to display prescribed stickers on
12 their vehicles; requiring a certain sign to be
13 displayed in such vehicles; providing a
14 presumption for injuries sustained by a worker
15 in a vehicle; providing a penalty; requiring
16 the Department of Highway Safety and Motor
17 Vehicles to provide copies of accident reports
18 to the Department of Business and Professional
19 Regulation; amending s. 318.18, F.S.; creating
20 a penalty for violations regarding farm labor
21 vehicles; amending ss. 320.38, 322.031, and
22 450.181, F.S.; conforming provisions; amending
23 s. 450.28, F.S.; revising a definition;
24 amending s. 450.33, F.S.; conforming a
25 cross-reference; requiring the department to
26 issue a vehicle authorization sticker denoting
27 the authorization of a vehicle to transport
28 farm workers; requiring the display of the
29 sticker; amending s. 318.21, F.S.; providing
30 for the disposition of fines levied for
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1 specified violations of s. 316.622, F.S.;
2 providing an effective date.
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4 Be It Enacted by the Legislature of the State of Florida:
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6 Section 1. Subsections (61) and (62) of section
7 316.003, Florida Statutes, are amended to read:
8 316.003 Definitions.--The following words and phrases,
9 when used in this chapter, shall have the meanings
10 respectively ascribed to them in this section, except where
11 the context otherwise requires:
12 (61) MIGRANT OR SEASONAL FARM WORKER.--Any person
13 employed in hand labor operations in the planting,
14 cultivation, or harvesting of agricultural crops who is not
15 indigenous to, or domiciled in, the locale where so employed.
16 (62) FARM LABOR VEHICLE.--Any vehicle equipped and
17 used for the transportation of nine or more migrant or
18 seasonal farm workers, in addition to the driver, to or from a
19 place of employment or employment-related activities. The term
20 does not include:
21 (a) Any vehicle carrying only members of the immediate
22 family of the owner or driver.
23 (b) Any vehicle being operated by a common carrier of
24 passengers.
25 (c) Any carpool as defined in s. 450.28(3). MIGRANT
26 FARM WORKER CARRIER.--Any person who transports, or who
27 contracts or arranges for the transportation of, nine or more
28 migrant farm workers to or from their employment by motor
29 vehicle other than a passenger automobile or station wagon,
30 except a migrant farm worker transporting himself or herself
31 or the migrant farm worker's immediate family.
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1 Section 2. Section 316.620, Florida Statutes, is
2 repealed.
3 Section 3. Section 316.622, Florida Statutes, is
4 created to read:
5 316.622 Farm labor vehicles.--
6 (1) Each owner or operator of a farm labor vehicle
7 that is operated on the public highways of this state shall
8 ensure that such vehicle conforms to vehicle safety standards
9 prescribed by the Secretary of Labor under s. 401(b) of the
10 Migrant and Seasonal Agricultural Worker Protection Act, 29
11 U.S.C. s. 1841(b), and other applicable federal and state
12 safety standards.
13 (2) On or after January 1, 2008, a farm labor vehicle
14 having a gross vehicle weight rating of 10,000 pounds or less
15 must be equipped at each passenger position with a seat belt
16 assembly that meets the requirements established under Federal
17 Motor Vehicle Safety Standard No. 208, 49 C.F.R. s. 571.208.
18 (3) A farm labor contractor may not transport migrant
19 or seasonal farm workers in a farm labor vehicle unless the
20 display sticker described in s. 450.33 is clearly displayed on
21 the vehicle.
22 (4) The owner or operator of a farm labor vehicle must
23 prominently display in the vehicle standardized notification
24 instructions requiring passengers to fasten their seatbelts.
25 The Department of Highway Safety and Motor Vehicles shall
26 create standard notification instructions.
27 (5) Failure of any migrant or seasonal farm worker to
28 use a seat belt provided by the owner of a farm labor vehicle
29 under this section does not constitute negligence per se, and
30 such failure may not be used as prima facie evidence of
31 negligence or be considered in mitigation of damages, but such
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1 failure may be considered as evidence of comparative
2 negligence in a civil action.
3 (6) Failure of any owner or operator of a farm labor
4 vehicle to require that all passengers be restrained by a
5 safety belt when the vehicle is in motion may not be
6 considered as evidence of negligence in any civil action, if
7 such vehicle is otherwise in compliance with this section.
8 (7) A violation of this section is a noncriminal
9 traffic infraction, punishable as provided in s. 318.18(16).
10 (8) The department shall provide to the Department of
11 Business and Professional Regulation each quarter a copy of
12 each accident report involving a farm labor vehicle, as
13 defined in s. 316.003(62), commencing with the first quarter
14 of the 2006-2007 fiscal year.
15 Section 4. Subsection (16) is added to section 318.18,
16 Florida Statutes, to read:
17 318.18 Amount of civil penalties.--The penalties
18 required for a noncriminal disposition pursuant to s. 318.14
19 are as follows:
20 (16) One hundred dollars for a violation of s.
21 316.622(3) or (4), for a vehicle that fails to display a
22 sticker authorizing it to transport migrant or seasonal farm
23 workers or fails to display standardized notification
24 instructions requiring passengers to fasten their seat belts.
25 Two hundred dollars for a violation of s. 316.622(1) or (2),
26 for operating a farm labor vehicle that fails to conform to
27 vehicle safety standards or lacks seat belt assemblies at each
28 passenger position.
29 Section 5. Section 320.38, Florida Statutes, is
30 amended to read:
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1 320.38 When nonresident exemption not allowed.--The
2 provisions of s. 320.37 authorizing the operation of motor
3 vehicles over the roads of this state by nonresidents of this
4 state when such vehicles are duly registered or licensed under
5 the laws of some other state or foreign country do not apply
6 to any nonresident who accepts employment or engages in any
7 trade, profession, or occupation in this state, except a
8 nonresident migrant or seasonal farm worker as defined in s.
9 316.003(61). In every case in which a nonresident, except a
10 nonresident migrant or seasonal farm worker as defined in s.
11 316.003(61), accepts employment or engages in any trade,
12 profession, or occupation in this state or enters his or her
13 children to be educated in the public schools of this state,
14 such nonresident shall, within 10 days after the commencement
15 of such employment or education, register his or her motor
16 vehicles in this state if such motor vehicles are proposed to
17 be operated on the roads of this state. Any person who is
18 enrolled as a student in a college or university and who is a
19 nonresident but who is in this state for a period of up to 6
20 months engaged in a work-study program for which academic
21 credits are earned from a college whose credits or degrees are
22 accepted for credit by at least three accredited institutions
23 of higher learning, as defined in s. 1005.02, is not required
24 to have a Florida registration for the duration of the
25 work-study program if the person's vehicle is properly
26 registered in another jurisdiction. Any nonresident who is
27 enrolled as a full-time student in such institution of higher
28 learning is also exempt for the duration of such enrollment.
29 Section 6. Subsection (1) of section 322.031, Florida
30 Statutes, is amended to read:
31 322.031 Nonresident; when license required.--
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1 (1) In every case in which a nonresident, except a
2 nonresident migrant or seasonal farm worker as defined in s.
3 316.003(61), accepts employment or engages in any trade,
4 profession, or occupation in this state or enters his or her
5 children to be educated in the public schools of this state,
6 such nonresident shall, within 30 days after the commencement
7 of such employment or education, be required to obtain a
8 Florida driver's license if such nonresident operates a motor
9 vehicle on the highways of this state. The spouse or dependent
10 child of such nonresident shall also be required to obtain a
11 Florida driver's license within that 30-day period prior to
12 operating a motor vehicle on the highways of this state.
13 Section 7. Subsection (3) of section 450.181, Florida
14 Statutes, is amended to read:
15 450.181 Definitions.--As used in part II, unless the
16 context clearly requires a different meaning:
17 (3) The term "migrant laborer" has the same meaning as
18 migrant or seasonal farm workers as defined in s. 316.003(61).
19 Section 8. Subsection (3) of section 450.28, Florida
20 Statutes, is amended to read:
21 450.28 Definitions.--
22 (3) "Carpool" means an arrangement made by the workers
23 using one worker's own vehicle reached by and between farm
24 workers for transportation to and from work and for which the
25 driver or owner of the vehicle is not paid by any third person
26 other than the members of the carpool.
27 Section 9. Subsection (9) of section 450.33, Florida
28 Statutes, is amended, and subsection (12) is added to that
29 section, to read:
30 450.33 Duties of farm labor contractor.--Every farm
31 labor contractor must:
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1 (9) Produce evidence to the department that each
2 vehicle he or she uses for the transportation of employees
3 complies with the requirements and specifications established
4 in chapter 316, s. 316.622 316.620, or Pub. L. No. 93-518 as
5 amended by Pub. L. No. 97-470 meeting Department of
6 Transportation requirements or, in lieu thereof, bears a valid
7 inspection sticker showing that the vehicle has passed the
8 inspection in the state in which the vehicle is registered.
9 (12) Clearly display on each vehicle used to transport
10 migrant or seasonal farm workers a display sticker issued by
11 the department, which states that the vehicle is authorized by
12 the department to transport farm workers and the expiration
13 date of the authorization.
14 Section 10. Subsection (15) is added to section
15 318.21, Florida Statutes, to read:
16 318.21 Disposition of civil penalties by county
17 courts.--All civil penalties received by a county court
18 pursuant to the provisions of this chapter shall be
19 distributed and paid monthly as follows:
20 (15) The proceeds from the fines described in s.
21 318.18(16) shall be remitted to the law enforcement agency
22 that issues the citation for a violation of s. 316.622. The
23 funds must be used for continued education and enforcement of
24 s. 316.622 and other related safety measures contained in
25 chapter 316.
26 Section 11. This act shall take effect July 1, 2006.
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