| 1 | A bill to be entitled |
| 2 | An act relating to the Department of Highway Safety and |
| 3 | Motor Vehicles; terminating the DUI Programs Coordination |
| 4 | Trust Fund; providing for the disposition of the balances |
| 5 | in and revenues of the trust fund; prescribing procedures |
| 6 | for the termination of the trust fund; amending s. 17.61, |
| 7 | F.S.; removing the DUI Programs Coordination Trust Fund |
| 8 | from the list of funds invested by the Chief Financial |
| 9 | Officer; reenacting and amending s. 20.24, F.S., relating |
| 10 | to the establishment of the Department of Highway Safety |
| 11 | and Motor Vehicles pursuant to the provisions of the |
| 12 | Florida Government Accountability Act; removing a |
| 13 | provision for the Bureau of Motor Vehicle Inspection; |
| 14 | amending s. 215.20, F.S.; removing the DUI Programs |
| 15 | Coordination Trust Fund from the list of funds subject to |
| 16 | a specified service charge; amending s. 319.40, F.S.; |
| 17 | authorizing the issuance of electronic motor vehicle |
| 18 | titles in lieu of paper motor vehicle titles; authorizing |
| 19 | the department to collect and use e-mail addresses of |
| 20 | motor vehicle owners and registrants as a notification |
| 21 | method; amending s. 320.95, F.S.; authorizing the |
| 22 | department to collect and use e-mail addresses of motor |
| 23 | vehicle owners and registrants as a notification method; |
| 24 | amending s. 322.293, F.S.; requiring that DUI programs be |
| 25 | administered by the department and paid for by revenues |
| 26 | collected for enrollment in DUI programs; revising |
| 27 | provisions for disposition of assessments collected for |
| 28 | enrollment in a DUI program; providing that such |
| 29 | assessments be deposited into the Highway Safety Operating |
| 30 | Trust Fund; amending s. 328.30, F.S.; authorizing the use |
| 31 | of electronic mail for distribution of vessel titles; |
| 32 | authorizing the department to collect and use e-mail |
| 33 | addresses of vessel owners and registrants as a |
| 34 | notification method; amending s. 328.80, F.S.; authorizing |
| 35 | the department to accept certain applications by |
| 36 | electronic or telephonic means; authorizing the department |
| 37 | to collect and use e-mail addresses of vessel owners and |
| 38 | registrants as a notification method; transferring the |
| 39 | Office of Motor Carrier Compliance to the Department of |
| 40 | Highway Safety and Motor Vehicles; providing for a |
| 41 | reduction in staff and appropriations; amending ss. 20.23, |
| 42 | 110.205, 311.12, 316.302, 316.3026, and 320.18, F.S.; |
| 43 | conforming to changes made by the act; providing for |
| 44 | conforming legislation; providing for assistance to |
| 45 | certain legislative substantive committees by the Division |
| 46 | of Statutory Revision of the Office of Legislative |
| 47 | Services for certain purposes; providing effective dates. |
| 48 |
|
| 49 | Be It Enacted by the Legislature of the State of Florida: |
| 50 |
|
| 51 | Section 1. (1) The DUI Programs Coordination Trust Fund |
| 52 | within the Department of Highway Safety and Motor Vehicles, |
| 53 | FLAIR number 76-2-172, is terminated. |
| 54 | (2) All current balances remaining in, and all revenues |
| 55 | of, the trust fund shall be transferred to the Highway Safety |
| 56 | Operating Trust Fund within the Department of Highway Safety and |
| 57 | Motor Vehicles, FLAIR number 76-2-009. |
| 58 | (3) The Department of Highway Safety and Motor Vehicles |
| 59 | shall pay any outstanding debts and obligations of the |
| 60 | terminated fund as soon as practicable, and the Chief Financial |
| 61 | Officer shall close out and remove the terminated fund from the |
| 62 | various state accounting systems using generally accepted |
| 63 | accounting principles concerning warrants outstanding, assets, |
| 64 | and liabilities. |
| 65 | Section 2. Paragraph (c) of subsection (3) of section |
| 66 | 17.61, Florida Statutes, is amended to read: |
| 67 | 17.61 Chief Financial Officer; powers and duties in the |
| 68 | investment of certain funds.-- |
| 69 | (3) |
| 70 | (c) Except as provided in this paragraph and except for |
| 71 | moneys described in paragraph (d), the following agencies shall |
| 72 | not invest trust fund moneys as provided in this section, but |
| 73 | shall retain such moneys in their respective trust funds for |
| 74 | investment, with interest appropriated to the General Revenue |
| 75 | Fund, pursuant to s. 17.57: |
| 76 | 1. The Agency for Health Care Administration, except for |
| 77 | the Tobacco Settlement Trust Fund. |
| 78 | 2. The Agency for Persons with Disabilities, except for: |
| 79 | a. The Federal Grants Trust Fund. |
| 80 | b. The Tobacco Settlement Trust Fund. |
| 81 | 3. The Department of Children and Family Services, except |
| 82 | for: |
| 83 | a. The Alcohol, Drug Abuse, and Mental Health Trust Fund. |
| 84 | b. The Social Services Block Grant Trust Fund. |
| 85 | c. The Tobacco Settlement Trust Fund. |
| 86 | d. The Working Capital Trust Fund. |
| 87 | 4. The Department of Community Affairs, only for the |
| 88 | Operating Trust Fund. |
| 89 | 5. The Department of Corrections. |
| 90 | 6. The Department of Elderly Affairs, except for: |
| 91 | a. The Federal Grants Trust Fund. |
| 92 | b. The Tobacco Settlement Trust Fund. |
| 93 | 7. The Department of Health, except for: |
| 94 | a. The Federal Grants Trust Fund. |
| 95 | b. The Grants and Donations Trust Fund. |
| 96 | c. The Maternal and Child Health Block Grant Trust Fund. |
| 97 | d. The Tobacco Settlement Trust Fund. |
| 98 | 8. The Department of Highway Safety and Motor Vehicles, |
| 99 | only for: |
| 100 | a. The DUI Programs Coordination Trust Fund. |
| 101 | b. the Security Deposits Trust Fund. |
| 102 | 9. The Department of Juvenile Justice. |
| 103 | 10. The Department of Law Enforcement. |
| 104 | 11. The Department of Legal Affairs. |
| 105 | 12. The Department of State, only for: |
| 106 | a. The Grants and Donations Trust Fund. |
| 107 | b. The Records Management Trust Fund. |
| 108 | 13. The Executive Office of the Governor, only for: |
| 109 | a. The Economic Development Transportation Trust Fund. |
| 110 | b. The Economic Development Trust Fund. |
| 111 | 14. The Florida Public Service Commission, only for the |
| 112 | Florida Public Service Regulatory Trust Fund. |
| 113 | 15. The Justice Administrative Commission. |
| 114 | 16. The state courts system. |
| 115 | Section 3. Section 20.24, Florida Statutes, is reenacted |
| 116 | and amended to read: |
| 117 | 20.24 Department of Highway Safety and Motor |
| 118 | Vehicles.--There is created a Department of Highway Safety and |
| 119 | Motor Vehicles. |
| 120 | (1) The head of the Department of Highway Safety and Motor |
| 121 | Vehicles is the Governor and Cabinet. |
| 122 | (2) The following divisions, and bureaus within the |
| 123 | divisions, of the Department of Highway Safety and Motor |
| 124 | Vehicles are established: |
| 125 | (a) Division of the Florida Highway Patrol. |
| 126 | (b) Division of Driver Licenses. |
| 127 | (c) Division of Motor Vehicles. |
| 128 | 1. Bureau of Motor Vehicle Inspection. |
| 129 | Section 4. Paragraphs (m) through (x) of subsection (4) of |
| 130 | section 215.20, Florida Statutes, are amended to read: |
| 131 | 215.20 Certain income and certain trust funds to |
| 132 | contribute to the General Revenue Fund.-- |
| 133 | (4) The income of a revenue nature deposited in the |
| 134 | following described trust funds, by whatever name designated, is |
| 135 | that from which the appropriations authorized by subsection (3) |
| 136 | shall be made: |
| 137 | (m) Within the Department of Highway Safety and Motor |
| 138 | Vehicles, the DUI Programs Coordination Trust Fund. |
| 139 | (m)(n) Within the Department of Legal Affairs, the Crimes |
| 140 | Compensation Trust Fund. |
| 141 | (n)(o) Within the Department of Management Services: |
| 142 | 1. The Administrative Trust Fund. |
| 143 | 2. The Architects Incidental Trust Fund. |
| 144 | 3. The Bureau of Aircraft Trust Fund. |
| 145 | 4. The Florida Facilities Pool Working Capital Trust Fund. |
| 146 | 5. The Grants and Donations Trust Fund. |
| 147 | 6. The Police and Firefighters' Premium Tax Trust Fund. |
| 148 | 7. The Public Employees Relations Commission Trust Fund. |
| 149 | 8. The State Personnel System Trust Fund. |
| 150 | 9. The Supervision Trust Fund. |
| 151 | 10. The Working Capital Trust Fund. |
| 152 | (o)(p) Within the Department of Revenue: |
| 153 | 1. The Additional Court Cost Clearing Trust Fund. |
| 154 | 2. The Administrative Trust Fund. |
| 155 | 3. The Certification Program Trust Fund. |
| 156 | 4. The Fuel Tax Collection Trust Fund. |
| 157 | 5. The Local Alternative Fuel User Fee Clearing Trust |
| 158 | Fund. |
| 159 | 6. The Local Option Fuel Tax Trust Fund. |
| 160 | 7. The Motor Vehicle Rental Surcharge Clearing Trust Fund. |
| 161 | 8. The Motor Vehicle Warranty Trust Fund. |
| 162 | 9. The Oil and Gas Tax Trust Fund. |
| 163 | 10. The Operations Trust Fund. |
| 164 | 11. The Severance Tax Solid Mineral Trust Fund. |
| 165 | 12. The State Alternative Fuel User Fee Clearing Trust |
| 166 | Fund. |
| 167 | 13. All taxes levied on motor fuels other than gasoline |
| 168 | levied pursuant to the provisions of s. 206.87(1)(a). |
| 169 | (p)(q) Within the Department of State: |
| 170 | 1. The Records Management Trust Fund. |
| 171 | 2. The trust funds administered by the Division of |
| 172 | Historical Resources. |
| 173 | (q)(r) Within the Department of Transportation, all income |
| 174 | derived from outdoor advertising and overweight violations which |
| 175 | is deposited in the State Transportation Trust Fund. |
| 176 | (r)(s) Within the Department of Veterans' Affairs: |
| 177 | 1. The Grants and Donations Trust Fund. |
| 178 | 2. The Operations and Maintenance Trust Fund. |
| 179 | 3. The State Homes for Veterans Trust Fund. |
| 180 | (s)(t) Within the Division of Administrative Hearings, the |
| 181 | Administrative Trust Fund. |
| 182 | (t)(u) Within the Fish and Wildlife Conservation |
| 183 | Commission: |
| 184 | 1. The Conservation and Recreation Lands Program Trust |
| 185 | Fund. |
| 186 | 2. The Florida Panther Research and Management Trust Fund. |
| 187 | 3. The Land Acquisition Trust Fund. |
| 188 | 4. The Marine Resources Conservation Trust Fund, with the |
| 189 | exception of those fees collected for recreational saltwater |
| 190 | fishing licenses as provided in s. 379.354. |
| 191 | (u)(v) Within the Florida Public Service Commission, the |
| 192 | Florida Public Service Regulatory Trust Fund. |
| 193 | (v)(w) Within the Justice Administrative Commission, the |
| 194 | Indigent Criminal Defense Trust Fund. |
| 195 | (w)(x) Within the Office of Financial Regulation of the |
| 196 | Financial Services Commission: |
| 197 | 1. The Administrative Trust Fund. |
| 198 | 2. The Anti-Fraud Trust Fund. |
| 199 | 3. The Financial Institutions' Regulatory Trust Fund. |
| 200 | 4. The Regulatory Trust Fund. |
| 201 |
|
| 202 | The enumeration of the foregoing moneys or trust funds shall not |
| 203 | prohibit the applicability of s. 215.24 should the Governor |
| 204 | determine that for the reasons mentioned in s. 215.24 the money |
| 205 | or trust funds should be exempt herefrom, as it is the purpose |
| 206 | of this law to exempt income from its force and effect when, by |
| 207 | the operation of this law, federal matching funds or |
| 208 | contributions or private grants to any trust fund would be lost |
| 209 | to the state. |
| 210 | Section 5. Section 319.40, Florida Statutes, is amended to |
| 211 | read: |
| 212 | 319.40 Transactions by electronic or telephonic means.-- |
| 213 | (1) The department is authorized to accept any application |
| 214 | provided for under this chapter by electronic or telephonic |
| 215 | means. |
| 216 | (2) The department may issue an electronic certificate of |
| 217 | title in lieu of printing a paper title. |
| 218 | (3) The department may collect and use e-mail addresses of |
| 219 | motor vehicle owners and registrants as a notification method in |
| 220 | lieu of the United States Postal Service. |
| 221 | Section 6. Section 320.95, Florida Statutes, is amended to |
| 222 | read: |
| 223 | 320.95 Transactions by electronic or telephonic means.-- |
| 224 | (1) The department is authorized to accept any application |
| 225 | provided for under this chapter by electronic or telephonic |
| 226 | means. |
| 227 | (2) The department may collect and use e-mail addresses of |
| 228 | motor vehicle owners and registrants as a notification method in |
| 229 | lieu of the United States Postal Service. |
| 230 | Section 7. Section 322.293, Florida Statutes, is amended |
| 231 | to read: |
| 232 | 322.293 DUI Programs Coordination Trust Fund; assessment; |
| 233 | disposition.-- |
| 234 | (1) The DUI Programs Coordination Trust Fund shall be |
| 235 | administered by the department, and the costs of administration |
| 236 | shall be borne by the revenue collections provided in this |
| 237 | section the fund. All funds received by the department DUI |
| 238 | Programs Coordination Trust Fund shall be used solely for the |
| 239 | purposes set forth in this chapter and for the general operation |
| 240 | of the department section and s. 322.292. However, if the |
| 241 | Legislature passes legislation consolidating existing trust |
| 242 | funds assigned to the department, all funds remaining in and |
| 243 | deposited to the DUI Programs Coordination Trust Fund shall be |
| 244 | transferred to the consolidated trust funds, subject to their |
| 245 | being earmarked for use solely for the purposes set forth in |
| 246 | this section and s. 322.292. |
| 247 | (2) Each DUI program shall assess $12 against each person |
| 248 | enrolling in a DUI program at the time of enrollment, including |
| 249 | persons who transfer to or from a program in another state. In |
| 250 | addition, second and third offenders and those offenders under |
| 251 | permanent driver's-license revocation who are evaluated for |
| 252 | eligibility for license restrictions under s. 322.271(2) |
| 253 | 322.271(2)(b) and (4) shall be assessed $12 upon enrollment in |
| 254 | the program and upon each subsequent anniversary date while they |
| 255 | are in the program, for the duration of the license period. |
| 256 | (3) All assessments collected under this section shall be |
| 257 | deposited in the Highway Safety Operating forwarded to the DUI |
| 258 | Programs Coordination Trust Fund within 30 days after the last |
| 259 | day of the month in which the assessment was received. |
| 260 | Section 8. Section 328.30, Florida Statutes, is amended to |
| 261 | read: |
| 262 | 328.30 Transactions by electronic or telephonic means.-- |
| 263 | (1) The department is authorized to accept any application |
| 264 | provided for under this chapter by electronic or telephonic |
| 265 | means. |
| 266 | (2) The department may issue an electronic certificate of |
| 267 | title in lieu of printing a paper title. |
| 268 | (3) The department may collect and use e-mail addresses of |
| 269 | vessel owners and registrants as a notification method in lieu |
| 270 | of the United States Postal Service. |
| 271 | Section 9. Section 328.80, Florida Statutes, is amended to |
| 272 | read: |
| 273 | 328.80 Transactions by electronic or telephonic means.-- |
| 274 | (1) The department commission is authorized to accept any |
| 275 | application provided for under this chapter by electronic or |
| 276 | telephonic means. |
| 277 | (2) The department may collect and use e-mail addresses of |
| 278 | vessel owners and registrants as a notification method in lieu |
| 279 | of the United States Postal Service. |
| 280 | Section 10. (1) Effective January 1, 2010, the Office of |
| 281 | Motor Carrier Compliance of the Department of Transportation is |
| 282 | hereby transferred by a type two transfer, as defined in s. |
| 283 | 20.06(2), Florida Statutes, to the Department of Highway Safety |
| 284 | and Motor Vehicles. The transfer includes: |
| 285 | (a) All statutory powers, duties, functions, records, |
| 286 | personnel, and property of the Office of Motor Carrier |
| 287 | Compliance within the Department of Transportation. |
| 288 | (b) All unexpended balances of appropriations, |
| 289 | allocations, law enforcement trust funds, trust funds, and other |
| 290 | funds used to fund the operations of the Office of Motor Carrier |
| 291 | Compliance within the Department of Transportation. |
| 292 | (c) All existing legal authorities and actions of the |
| 293 | Office of Motor Carrier Compliance within the Department of |
| 294 | Transportation, including, but not limited to, all pending and |
| 295 | completed action on orders and rules, all enforcement matters, |
| 296 | and all delegations, interagency agreements, and contracts with |
| 297 | federal, state, regional, and local governments and private |
| 298 | entities. |
| 299 | (2) This section shall not affect the validity of any |
| 300 | judicial or administrative action involving the Office of Motor |
| 301 | Carrier Compliance within the Department of Transportation |
| 302 | pending on January 1, 2010, and the Department of Highway Safety |
| 303 | and Motor Vehicles shall be substituted as a party in interest |
| 304 | in any such action. |
| 305 | (3) It is the specific intent of the Legislature that the |
| 306 | statutory responsibility for law enforcement and motor carrier |
| 307 | compliance in the state now vested in the Office of Motor |
| 308 | Carrier Compliance within the Department of Transportation shall |
| 309 | become the responsibility of the Department of Highway Safety |
| 310 | and Motor Vehicles. |
| 311 | (4) It is the specific intent of the Legislature that due |
| 312 | to duplicative functions that would be performed, eight |
| 313 | administrative FTE's in the Office of Motor Carrier Compliance |
| 314 | and the associated budget in the amount of $433,394 in fiscal |
| 315 | year 2009-2010 and a recurring amount of $866,788 each year |
| 316 | thereafter shall be eliminated upon the effective date of the |
| 317 | transfer. |
| 318 | Section 11. Effective January 1, 2010, paragraph (b) of |
| 319 | subsection (3) of section 20.23, Florida Statutes, is amended to |
| 320 | read: |
| 321 | 20.23 Department of Transportation.--There is created a |
| 322 | Department of Transportation which shall be a decentralized |
| 323 | agency. |
| 324 | (3) |
| 325 | (b) The secretary may appoint positions at the level of |
| 326 | deputy assistant secretary or director which the secretary deems |
| 327 | necessary to accomplish the mission and goals of the department, |
| 328 | including, but not limited to, the areas of program |
| 329 | responsibility provided in this paragraph, each of whom shall be |
| 330 | appointed by and serve at the pleasure of the secretary. The |
| 331 | secretary may combine, separate, or delete offices as needed in |
| 332 | consultation with the Executive Office of the Governor. The |
| 333 | department's areas of program responsibility include, but are |
| 334 | not limited to: |
| 335 | 1. Administration; |
| 336 | 2. Planning; |
| 337 | 3. Public transportation; |
| 338 | 4. Design; |
| 339 | 5. Highway operations; |
| 340 | 6. Right-of-way; |
| 341 | 7. Toll operations; |
| 342 | 8. Information systems; |
| 343 | 9. Motor carrier compliance; |
| 344 | 9.10. Management and budget; |
| 345 | 10.11. Comptroller; |
| 346 | 11.12. Construction; |
| 347 | 12.13. Maintenance; and |
| 348 | 13.14. Materials. |
| 349 | Section 12. Effective January 1, 2010, paragraph (m) of |
| 350 | subsection (2) of section 110.205, Florida Statutes, is amended |
| 351 | to read: |
| 352 | 110.205 Career service; exemptions.-- |
| 353 | (2) EXEMPT POSITIONS.--The exempt positions that are not |
| 354 | covered by this part include the following: |
| 355 | (m) All assistant division director, deputy division |
| 356 | director, and bureau chief positions in any department, and |
| 357 | those positions determined by the department to have managerial |
| 358 | responsibilities comparable to such positions, which positions |
| 359 | include, but are not limited to: |
| 360 | 1. Positions in the Department of Health and the |
| 361 | Department of Children and Family Services that are assigned |
| 362 | primary duties of serving as the superintendent or assistant |
| 363 | superintendent of an institution. |
| 364 | 2. Positions in the Department of Corrections that are |
| 365 | assigned primary duties of serving as the warden, assistant |
| 366 | warden, colonel, or major of an institution or that are assigned |
| 367 | primary duties of serving as the circuit administrator or deputy |
| 368 | circuit administrator. |
| 369 | 3. Positions in the Department of Transportation that are |
| 370 | assigned primary duties of serving as regional toll managers and |
| 371 | managers of offices as defined in s. 20.23(3)(b) and (4)(c)., |
| 372 | and |
| 373 | 4. Positions in the Department of Highway Safety and Motor |
| 374 | Vehicles that are assigned primary duties of serving as captains |
| 375 | and majors of the Office of Motor Carrier Compliance. |
| 376 | 5.4. Positions in the Department of Environmental |
| 377 | Protection that are assigned the duty of an Environmental |
| 378 | Administrator or program administrator. |
| 379 | 6.5. Positions in the Department of Health that are |
| 380 | assigned the duties of Environmental Administrator, Assistant |
| 381 | County Health Department Director, and County Health Department |
| 382 | Financial Administrator. |
| 383 |
|
| 384 | Unless otherwise fixed by law, the department shall set the |
| 385 | salary and benefits of the positions listed in this paragraph in |
| 386 | accordance with the rules established for the Selected Exempt |
| 387 | Service. |
| 388 | Section 13. Effective January 1, 2010, paragraph (b) of |
| 389 | subsection (8) of section 311.12, Florida Statutes, is amended |
| 390 | to read: |
| 391 | 311.12 Seaport security standards; inspections; |
| 392 | compliance; appeals.-- |
| 393 | (8) |
| 394 | (b)1. The members of the Seaport Security Standards |
| 395 | Advisory Council shall be appointed by the Governor and consist |
| 396 | of the following: |
| 397 | a. Two seaport directors. |
| 398 | b. Two seaport security directors. |
| 399 | c. One designee from the Department of Law Enforcement. |
| 400 | d. One designee from the Office of Motor Carrier |
| 401 | Compliance of the Department of Highway Safety and Motor |
| 402 | Vehicles Department of Transportation. |
| 403 | e. One designee from the Attorney General's Office. |
| 404 | f. One designee from the Department of Agriculture and |
| 405 | Consumer Services. |
| 406 | g. One designee from the Office of Tourism, Trade, and |
| 407 | Economic Development. |
| 408 | h. One designee from the Office of Drug Control. |
| 409 | 2. In addition to the members designated in subparagraph |
| 410 | 1., the council may invite a representative of the United States |
| 411 | Coast Guard to attend and participate in council meetings as an |
| 412 | ex officio, nonvoting member of the council. |
| 413 | Section 14. Effective January 1, 2010, subsections (8) |
| 414 | through (11) of section 316.302, Florida Statutes, are |
| 415 | renumbered as subsections (9) through (12), respectively, |
| 416 | subsection (32) of section 334.044, Florida Statutes, is |
| 417 | renumbered as subsection (8) of section 316.302, Florida |
| 418 | Statutes, and paragraph (b) of subsection (4) and paragraph (a) |
| 419 | of present subsection (8) of section 316.302, Florida Statutes, |
| 420 | are amended, to read: |
| 421 | 316.302 Commercial motor vehicles; safety regulations; |
| 422 | transporters and shippers of hazardous materials; enforcement.-- |
| 423 | (4) |
| 424 | (b) In addition to the penalties provided in s. |
| 425 | 316.3025(3)(b), (c), (d), and (e), any motor carrier or any of |
| 426 | its officers, drivers, agents, representatives, employees, or |
| 427 | shippers of hazardous materials that do not comply with this |
| 428 | subsection or any rule adopted by a state agency that is |
| 429 | consistent with the federal rules and regulations regarding |
| 430 | hazardous materials commits a misdemeanor of the first degree, |
| 431 | punishable as provided in s. 775.082 or s. 775.083. To ensure |
| 432 | compliance with this subsection, enforcement officers of the |
| 433 | Office of Motor Carrier Compliance Office within the department |
| 434 | of Transportation and state highway patrol officers may inspect |
| 435 | shipping documents and cargo of any vehicle known or suspected |
| 436 | to be a transporter of hazardous materials. |
| 437 | (8)(32) In order to fulfill the department's mission to |
| 438 | provide a safe and efficient transportation system, the |
| 439 | department's Office of Motor Carrier Compliance may employ sworn |
| 440 | law enforcement officers, certified in accordance with chapter |
| 441 | 943, to enforce the traffic and criminal laws of this state. |
| 442 | Such officers shall have full law enforcement powers granted to |
| 443 | other peace officers of this state, including making arrests, |
| 444 | carrying firearms, serving court process, and seizing vehicles |
| 445 | defined as contraband under s. 319.33, illegal drugs, stolen |
| 446 | property, and the proceeds of illegal activities. Officers |
| 447 | appointed under this section have the primary responsibility for |
| 448 | enforcing laws relating to size and weight of commercial motor |
| 449 | vehicles; safety, traffic, tax, and registration of commercial |
| 450 | motor vehicles; interdiction of vehicles defined as contraband |
| 451 | under s. 319.33, illegal drugs, and stolen property; and |
| 452 | violations that threaten the overall security and safety of |
| 453 | Florida's transportation infrastructure and the motoring public. |
| 454 | The office is also authorized to appoint part-time or auxiliary |
| 455 | law enforcement officers pursuant to chapter 943 and to provide |
| 456 | compensation in accordance with law. |
| 457 | (9)(8) For the purpose of enforcing this section, any law |
| 458 | enforcement officer of the Department of Transportation or duly |
| 459 | appointed agent who holds a current safety inspector |
| 460 | certification from the Commercial Vehicle Safety Alliance may |
| 461 | require the driver of any commercial vehicle operated on the |
| 462 | highways of this state to stop and submit to an inspection of |
| 463 | the vehicle or the driver's records. If the vehicle or driver is |
| 464 | found to be operating in an unsafe condition, or if any required |
| 465 | part or equipment is not present or is not in proper repair or |
| 466 | adjustment, and the continued operation would present an unduly |
| 467 | hazardous operating condition, the officer may require the |
| 468 | vehicle or the driver to be removed from service pursuant to the |
| 469 | North American Standard Out-of-Service Criteria, until |
| 470 | corrected. However, if continuous operation would not present an |
| 471 | unduly hazardous operating condition, the officer may give |
| 472 | written notice requiring correction of the condition within 14 |
| 473 | days. |
| 474 | (a) Any member of the Florida Highway Patrol or any law |
| 475 | enforcement officer employed by a sheriff's office or municipal |
| 476 | police department authorized to enforce the traffic laws of this |
| 477 | state pursuant to s. 316.640 who has reason to believe that a |
| 478 | vehicle or driver is operating in an unsafe condition may, as |
| 479 | provided in subsection (11) (10), enforce the provisions of this |
| 480 | section. |
| 481 | Section 15. Effective January 1, 2010, subsection (1) of |
| 482 | section 316.3026, Florida Statutes, is amended to read: |
| 483 | 316.3026 Unlawful operation of motor carriers.-- |
| 484 | (1) The Office of Motor Carrier Compliance of the |
| 485 | Department of Transportation may issue out-of-service orders to |
| 486 | motor carriers, as defined in s. 320.01(33), who have after |
| 487 | proper notice failed to pay any penalty or fine assessed by the |
| 488 | department, or its agent, against any owner or motor carrier for |
| 489 | violations of state law, refused to submit to a compliance |
| 490 | review and provide records pursuant to s. 316.302(5) or s. |
| 491 | 316.70, or violated safety regulations pursuant to s. 316.302 or |
| 492 | insurance requirements found in s. 627.7415. Such out-of-service |
| 493 | orders shall have the effect of prohibiting the operations of |
| 494 | any motor vehicles owned, leased, or otherwise operated by the |
| 495 | motor carrier upon the roadways of this state, until such time |
| 496 | as the violations have been corrected or penalties have been |
| 497 | paid. Out-of-service orders issued under this section must be |
| 498 | approved by the Secretary of Transportation or his or her |
| 499 | designee. An administrative hearing pursuant to s. 120.569 shall |
| 500 | be afforded to motor carriers subject to such orders. |
| 501 | Section 16. Effective January 1, 2010, subsection (1) of |
| 502 | section 320.18, Florida Statutes, is amended to read: |
| 503 | 320.18 Withholding registration.-- |
| 504 | (1) The department may withhold the registration of any |
| 505 | motor vehicle or mobile home the owner of which has failed to |
| 506 | register it under the provisions of law for any previous period |
| 507 | or periods for which it appears registration should have been |
| 508 | made in this state, until the tax for such period or periods is |
| 509 | paid. The department may cancel any vehicle or vessel |
| 510 | registration, driver's license, identification card, or fuel-use |
| 511 | tax decal if the owner pays for the vehicle or vessel |
| 512 | registration, driver's license, identification card, or fuel-use |
| 513 | tax decal; pays any administrative, delinquency, or |
| 514 | reinstatement fee; or pays any tax liability, penalty, or |
| 515 | interest specified in chapter 207 by a dishonored check, or if |
| 516 | the vehicle owner or motor carrier has failed to pay a penalty |
| 517 | for a weight or safety violation issued by the Office of |
| 518 | Department of Transportation Motor Carrier Compliance Office. |
| 519 | The department of Transportation and the Department of Highway |
| 520 | Safety and Motor Vehicles may impound any commercial motor |
| 521 | vehicle that has a canceled license plate or fuel-use tax decal |
| 522 | until the tax liability, penalty, and interest specified in |
| 523 | chapter 207, the license tax, or the fuel-use decal fee, and |
| 524 | applicable administrative fees have been paid for by certified |
| 525 | funds. |
| 526 | Section 17. Conforming legislation.--The Legislature |
| 527 | recognizes that there is a need to conform the Florida Statutes |
| 528 | to the policy decisions reflected in this act and that there is |
| 529 | a need to resolve apparent conflicts between this act and any |
| 530 | other legislation enacted during 2009 relating to the Office of |
| 531 | Motor Carrier Compliance, the Department of Transportation, and |
| 532 | the Department of Highway Safety and Motor Vehicles. Therefore, |
| 533 | in the interim between this act becoming a law and the 2010 |
| 534 | Regular Session of the Legislature or an earlier special session |
| 535 | addressing this issue, the Division of Statutory Revision shall, |
| 536 | upon request, provide the relevant substantive committees of the |
| 537 | Senate and the House of Representatives with assistance to |
| 538 | enable such committees to prepare draft legislation to conform |
| 539 | the Florida Statutes and any legislation enacted during 2009 to |
| 540 | the provisions of this act. |
| 541 | Section 18. Except as otherwise expressly provided in this |
| 542 | act, this act shall take effect July 1, 2009. |