Florida Senate - 2009                                     SB 276
       
       
       
       By Senator Crist
       
       
       
       
       12-00215-09                                            2009276__
    1                        A bill to be entitled                      
    2         An act relating to contract carriers; amending s.
    3         316.302, F.S.; applying specific requirements to
    4         contract carriers employed by railroad companies;
    5         providing requirements for drug and alcohol testing
    6         and rest periods; requiring that contract carriers
    7         keep logs and maintain certain insurance coverage;
    8         requiring the Department of Transportation to adopt
    9         rules regulating such contract carriers; requiring the
   10         department to inform contract carriers and railroad
   11         companies of applicable requirements and statutes;
   12         providing an effective date.
   13         
   14  Be It Enacted by the Legislature of the State of Florida:
   15         
   16         Section 1. Subsections (8) through (11) of section 316.302,
   17  Florida Statutes, are renumbered as subsections (9) through
   18  (12), respectively, present subsection (8) is amended, and a new
   19  subsection (8) is added to that section, to read:
   20         316.302 Commercial motor vehicles; safety regulations;
   21  transporters and shippers of hazardous materials; enforcement.—
   22         (8) This section applies only to contract carriers
   23  transporting railroad employees within this state.
   24         (a) Each driver for such contract carriers must hold a
   25  commercial driver's license.
   26         (b) Such contract carriers shall perform alcohol and drug
   27  testing on drivers before employment, on suspicion of drug or
   28  alcohol use, and randomly at least once every 365 days.
   29         (c) Drivers employed by such contract carriers may not
   30  perform duties in excess of 14 hours per shift, with a total
   31  driving time of 12 hours, and shall have a minimum of 10 hours
   32  of rest between shifts.
   33         (d) Such contract carriers shall keep logs, signed by the
   34  drivers and the employer on a weekly basis, showing hours of
   35  service and recording time on duty, driving time, and total time
   36  worked per shift. The logs shall be kept by the contract
   37  carriers for a minimum of 3 years.
   38         (e) Such contract carriers shall maintain a minimum
   39  liability insurance coverage of $1.5 million per vehicle and
   40  equivalent uninsured and underinsured motorist coverage.
   41         (f) The Department of Transportation may adopt rules to
   42  administer this subsection.
   43         (g) The Department of Transportation shall inform contract
   44  carriers transporting railroad employees in this state of
   45  applicable requirements and statutes.
   46         (9)(8) For the purpose of enforcing this section, any law
   47  enforcement officer of the Department of Transportation or duly
   48  appointed agent who holds a current safety inspector
   49  certification from the Commercial Vehicle Safety Alliance may
   50  require the driver of any commercial vehicle operated on the
   51  highways of this state to stop and submit to an inspection of
   52  the vehicle or the driver's records. If the vehicle or driver is
   53  found to be operating in an unsafe condition, or if any required
   54  part or equipment is not present or is not in proper repair or
   55  adjustment, and the continued operation would present an unduly
   56  hazardous operating condition, the officer may require the
   57  vehicle or the driver to be removed from service pursuant to the
   58  North American Standard Out-of-Service Criteria, until
   59  corrected. However, if continuous operation would not present an
   60  unduly hazardous operating condition, the officer may give
   61  written notice requiring correction of the condition within 14
   62  days.
   63         (a) Any member of the Florida Highway Patrol or any law
   64  enforcement officer employed by a sheriff's office or municipal
   65  police department authorized to enforce the traffic laws of this
   66  state pursuant to s. 316.640 who has reason to believe that a
   67  vehicle or driver is operating in an unsafe condition may, as
   68  provided in subsection (11) (10), enforce the provisions of this
   69  section.
   70         (b) Any person who fails to comply with an officer's
   71  request to submit to an inspection under this subsection commits
   72  a violation of s. 843.02 if the person resists the officer
   73  without violence or a violation of s. 843.01 if the person
   74  resists the officer with violence.
   75         Section 2. This act shall take effect July 1, 2009.