Senate Bill sb0258er

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    2006 Legislature     CS for CS for SB 258, 2nd Engrossed (ntc)



  1                                 

  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

31  


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    2006 Legislature     CS for CS for SB 258, 2nd Engrossed (ntc)



 1         specified violations of s. 316.622, F.S.;

 2         providing an effective date.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 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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    2006 Legislature     CS for CS for SB 258, 2nd Engrossed (ntc)



 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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    2006 Legislature     CS for CS for SB 258, 2nd Engrossed (ntc)



 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:

31  


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    2006 Legislature     CS for CS for SB 258, 2nd Engrossed (ntc)



 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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    2006 Legislature     CS for CS for SB 258, 2nd Engrossed (ntc)



 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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    2006 Legislature     CS for CS for SB 258, 2nd Engrossed (ntc)



 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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