Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 2492
523942
Senate
Comm: WD
4/8/2008
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House
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The Committee on Transportation (Constantine) recommended the
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following amendment:
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Senate Amendment
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Delete line(s) 25-99
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and insert:
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(8) This section also applies to all contract carriers
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transporting railroad employees under the terms of a contractual
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agreement with a railroad company on a road or highway of this
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state. In addition:
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(a) Each driver for such contract carrier must hold a
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commercial driver's license.
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(b) Such contract carriers shall perform alcohol and drug
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testing on drivers before employment, on suspicion of drug or
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alcohol use, and randomly at least once every 365 days.
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(c) Such contract carrier operators must not perform duties
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in excess of 14 hours per shift, with a total driving time of 12
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hours, and shall have a minimum of 10 hours rest between shifts.
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(d) Such contract carriers shall keep logs, signed by both
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the employee and the employer on a weekly basis, of hours of
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service recording time on duty, driving time, and total time
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worked per shift. The logs shall be kept by the contract carrier
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for a minimum of 3 years.
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(e) Such contract carrier companies shall maintain a
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minimum liability insurance coverage of $1.5 million per vehicle
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and equivalent uninsured and underinsured motorist coverage.
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(f) The Department of Transportation is authorized to adopt
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rules relating to the implementation and administration of this
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subsection.
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(g) The Department of Transportation shall inform contract
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carriers and railroad companies in this state of the applicable
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requirements and statutes.
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(9)(8) For the purpose of enforcing this section, any law
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enforcement officer of the Department of Transportation or duly
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appointed agent who holds a current safety inspector
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certification from the Commercial Vehicle Safety Alliance may
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require the driver of any commercial vehicle operated on the
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highways of this state to stop and submit to an inspection of the
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vehicle or the driver's records. If the vehicle or driver is
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found to be operating in an unsafe condition, or if any required
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part or equipment is not present or is not in proper repair or
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adjustment, and the continued operation would present an unduly
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hazardous operating condition, the officer may require the
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vehicle or the driver to be removed from service pursuant to the
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North American Uniform Out-of-Service Criteria, until corrected.
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However, if continuous operation would not present an unduly
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hazardous operating condition, the officer may give written
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notice requiring correction of the condition within 14 days.
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(a) Any member of the Florida Highway Patrol or any law
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enforcement officer employed by a sheriff's office or municipal
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police department authorized to enforce the traffic laws of this
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state pursuant to s. 316.640 who has reason to believe that a
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vehicle or driver is operating in an unsafe condition may, as
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provided in subsection (11) (10), enforce the provisions of this
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section.
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(b) Any person who fails to comply with an officer's
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request to submit to an inspection under this subsection commits
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a violation of s. 843.02 if the person resists the officer
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without violence or a violation of s. 843.01 if the person
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resists the officer with violence.
4/8/2008 7:51:00 AM TR.TR.06863
CODING: Words stricken are deletions; words underlined are additions.