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A bill to be entitled

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An act relating to contract carriers; amending s. 316.302,

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F.S.; applying specified rules and regulations to contract

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carriers employed by railroad companies; requiring

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contract carrier drivers to hold a commercial driver's

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license; requiring contract carriers to perform alcohol

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and drug testing on drivers; limiting duties of contract

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carrier operators; requiring contract carriers to record

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certain information and keep certain logs for a certain

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time; requiring commercial for-hire carrier companies to

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maintain certain liability insurance; requiring the

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Department of Transportation to adopt rules regulating

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such contract carriers; requiring the department to inform

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contract carriers and railroad companies of applicable

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requirements and statutes; providing an effective date.

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

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     Section 1.  Subsections (8) through (11) of section 316.302,

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Florida Statutes, are renumbered as subsections (9) through (12),

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respectively, present subsection (8) is amended, and a new

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subsection (8) is added to that section, to read:

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     316.302  Commercial motor vehicles; safety regulations;

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transporters and shippers of hazardous materials; enforcement.--

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     (8) This section also applies to all contract carriers

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operating in this state and regularly employed by any railroad

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company. In addition:

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     (a) Each contract carrier driver must hold a commercial

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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) Contract carrier operators must not perform duties in

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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) Contract carriers shall keep logs, signed by both the

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employee and the employer on a weekly basis, of hours of service

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recording time on duty, driving time, and total time worked per

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shift. The logs shall be kept by the contract carrier for a

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minimum of 3 years.

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     (e) Commercial for-hire 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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     (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.

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     Section 2. (1) The Department of Transportation shall

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adopt rules regulating contract carriers employed by railroad

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companies operating in this state.

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     (2) Rules adopted under this section must, at a minimum:

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     (a) Require each contract carrier driver to hold a

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commercial driver's license.

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     (b) Require employers of the drivers to perform alcohol and

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drug testing on drivers before employment, on suspicion of drug

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or alcohol use, and randomly at least once every 365 days.

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     (c) Incorporate all statutory requirements for carriers,

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including, at a minimum, the requirements of section 316.302,

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Florida Statutes, and rules adopted under that section.

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     (d) Provide that contract carrier operators must not

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perform duties in excess of 14 hours per shift, with a total

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driving time of 12 hours, and must have a minimum of 10 hours of

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rest between shifts.

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     (e) Require contract carriers to 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, and require the logs be kept by the contract

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carrier for a minimum of 3 years.

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     (f) Require commercial for-hire carrier companies to

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maintain a minimum liability insurance coverage of $1.5 million

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per vehicle and equivalent uninsured and underinsured motorist

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coverage.

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     (3) 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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     Section 3.  This act shall take effect July 1, 2008.