Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1434
Barcode 122164
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/23/2011 .
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The Committee on Transportation (Latvala) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 17 - 21
4 and insert:
5 Section 1. Paragraph (b) of subsection (4) of section
6 20.23, Florida Statutes, is amended to read:
7 20.23 Department of Transportation.—There is created a
8 Department of Transportation which shall be a decentralized
9 agency.
10 (4)
11 (b) The secretary may appoint positions at the level of
12 deputy assistant secretary or director which the secretary deems
13 necessary to accomplish the mission and goals of the department,
14 including, but not limited to, the areas of program
15 responsibility provided in this paragraph, each of whom shall be
16 appointed by and serve at the pleasure of the secretary. The
17 secretary may combine, separate, or delete offices as needed in
18 consultation with the Executive Office of the Governor. The
19 department’s areas of program responsibility include, but are
20 not limited to:
21 1. Administration;
22 2. Planning;
23 3. Public transportation;
24 4. Design;
25 5. Highway operations;
26 6. Right-of-way;
27 7. Toll operations;
28 8. Information systems;
29 9. Motor carrier weight inspection compliance;
30 10. Management and budget;
31 11. Comptroller;
32 12. Construction;
33 13. Maintenance; and
34 14. Materials.
35 Section 2. Paragraph (a) of subsection (2) of section
36 20.24, Florida Statutes, is amended to read:
37 20.24 Department of Highway Safety and Motor Vehicles.
38 There is created a Department of Highway Safety and Motor
39 Vehicles.
40 (2) The following divisions, and bureaus within the
41 divisions, of the Department of Highway Safety and Motor
42 Vehicles are established:
43 (a) Division of the Florida Highway Patrol.
44 1. Office of Motor Carrier Compliance.
45 Between lines 68 and 69
46 insert:
47 Section 4. Paragraph (b) of subsection (4) and subsections
48 (5), (6), (7), and (8) of section 316.302, Florida Statutes, are
49 amended to read:
50 316.302 Commercial motor vehicles; safety regulations;
51 transporters and shippers of hazardous materials; enforcement.—
52 (4)(b) In addition to the penalties provided in s.
53 316.3025(3)(b), (c), (d), and (e), any motor carrier or any of
54 its officers, drivers, agents, representatives, employees, or
55 shippers of hazardous materials that do not comply with this
56 subsection or any rule adopted by a state agency that is
57 consistent with the federal rules and regulations regarding
58 hazardous materials commits a misdemeanor of the first degree,
59 punishable as provided in s. 775.082 or s. 775.083. To ensure
60 compliance with this subsection, enforcement officers of the
61 Motor Carrier Compliance Office within the Department of
62 Transportation and state highway patrol officers may inspect
63 shipping documents and cargo of any vehicle known or suspected
64 to be a transporter of hazardous materials.
65 (5) The Department of Highway Safety and Motor Vehicles
66 Transportation may adopt and revise rules to assure the safe
67 operation of commercial motor vehicles. The Department of
68 Highway Safety and Motor Vehicles Transportation may enter into
69 cooperative agreements as provided in 49 C.F.R. part 388.
70 Department of Transportation personnel may conduct motor carrier
71 and shipper compliance reviews for the purpose of determining
72 compliance with this section and s. 627.7415.
73 (6) The state Department of Highway Safety and Motor
74 Vehicles Transportation shall perform the duties that are
75 assigned to the Field Administrator, Federal Motor Carrier
76 Safety Administration under the federal rules, and an agent of
77 that department, as described in s. 316.545(9), may enforce
78 those rules.
79 (7) A person who operates a commercial motor vehicle solely
80 in intrastate commerce shall direct to the state Department of
81 Highway Safety and Motor Vehicles Transportation any
82 communication that the federal rules require persons subject to
83 the jurisdiction of the United States Department of
84 Transportation to direct to that department.
85 (8) For the purpose of enforcing this section, any law
86 enforcement officer of the Department of Highway Safety and
87 Motor Vehicles Transportation or duly appointed agent who holds
88 a current safety inspector certification from the Commercial
89 Vehicle Safety Alliance may require the driver of any commercial
90 vehicle operated on the highways of this state to stop and
91 submit to an inspection of the vehicle or the driver’s records.
92 If the vehicle or driver is found to be operating in an unsafe
93 condition, or if any required part or equipment is not present
94 or is not in proper repair or adjustment, and the continued
95 operation would present an unduly hazardous operating condition,
96 the officer may require the vehicle or the driver to be removed
97 from service pursuant to the North American Standard Out-of
98 Service Criteria, until corrected. However, if continuous
99 operation would not present an unduly hazardous operating
100 condition, the officer may give written notice requiring
101 correction of the condition within 14 days.
102 (a) Any member of the Florida Highway Patrol or any law
103 enforcement officer employed by a sheriff’s office or municipal
104 police department authorized to enforce the traffic laws of this
105 state pursuant to s. 316.640 who has reason to believe that a
106 vehicle or driver is operating in an unsafe condition may, as
107 provided in subsection (10), enforce the provisions of this
108 section.
109 (b) Any person who fails to comply with an officer’s
110 request to submit to an inspection under this subsection commits
111 a violation of s. 843.02 if the person resists the officer
112 without violence or a violation of s. 843.01 if the person
113 resists the officer with violence.
114 Section 6. Paragraph (a) of subsection (6) of section
115 316.3025, Florida Statutes, is amended to read:
116 316.3025 Penalties.—
117 (6)(a) Only an officer or agent of the Department of Highway
118 Safety and Motor Vehicles Transportation is authorized to
119 collect the penalty provided by this section. Such officer or
120 agent shall cooperate with the owner or driver of the motor
121 vehicle so as not to unduly delay the vehicle.
122 Delete lines 69 - 89
123 and insert:
124 Section 7. Subsections (1), (2), and (3) of section
125 316.3026, Florida Statutes, are amended to read:
126 316.3026 Unlawful operation of motor carriers.—
127 (1) The Office of Motor Carrier Compliance of the
128 Department of Transportation may issue out-of-service orders to
129 motor carriers, as defined in s. 320.01(33), who, have after
130 proper notice, have failed to pay any penalty or fine assessed
131 by the department, or its agent, against any owner or motor
132 carrier for violations of state law, refused to submit to a
133 compliance review and provide records pursuant to s. 316.302(5)
134 or s. 316.70, or violated safety regulations pursuant to s.
135 316.302 or insurance requirements found in s. 627.7415. Such
136 out-of-service orders shall have the effect of prohibiting the
137 operations of any motor vehicles owned, leased, or otherwise
138 operated by the motor carrier upon the roadways of this state,
139 until such time as the violations have been corrected or
140 penalties have been paid. Out-of-service orders issued under
141 this section must be approved by the director of the Division of
142 the Florida Highway Patrol Secretary of Transportation or his or
143 her designee. An administrative hearing pursuant to s. 120.569
144 shall be afforded to motor carriers subject to such orders.
145 (2) Any motor carrier enjoined or prohibited from operating
146 by an out-of-service order by this state, any other state, or
147 the Federal Motor Carrier Safety Administration may not operate
148 on the roadways of this state until the motor carrier has been
149 authorized to resume operations by the originating enforcement
150 jurisdiction. Commercial motor vehicles owned or operated by any
151 motor carrier prohibited from operation found on the roadways of
152 this state shall be placed out of service by law enforcement
153 officers of the Department of Highway Safety and Motor Vehicles
154 Transportation, and the motor carrier assessed a $10,000 civil
155 penalty pursuant to 49 C.F.R. s. 383.53, in addition to any
156 other penalties imposed on the driver or other responsible
157 person. Any person who knowingly drives, operates, or causes to
158 be operated any commercial motor vehicle in violation of an out
159 of-service order issued by the department in accordance with
160 this section commits a felony of the third degree, punishable as
161 provided in s. 775.082(3)(d). Any costs associated with the
162 impoundment or storage of such vehicles are the responsibility
163 of the motor carrier. Vehicle out-of-service orders may be
164 rescinded when the department receives proof of authorization
165 for the motor carrier to resume operation.
166 (3) In addition to the sanctions found in subsections (1)
167 and (2), the Department of Highway Safety and Motor Vehicles
168 Transportation may petition the circuit courts of this state to
169 enjoin any motor carrier from operating when it fails to comply
170 with out-of-service orders issued by a competent authority
171 within or outside this state.
172 Section 8. Subsection (1) of section 316.516, Florida
173 Statutes, is amended to read:
174 316.516 Width, height, and length; inspection; penalties.—
175 (1) Any law enforcement officer, as prescribed in s.
176 316.640, or any weight inspector and safety officer of the
177 Department of Transportation, as prescribed in s. 316.545(1),
178 who has reason to believe that the width, height, or length of a
179 vehicle or combination of vehicles and the load thereon is not
180 in conformance with s. 316.515 is authorized to require the
181 driver to stop and submit such vehicle and load to measurement
182 of its width, height, or length.
183 Section 9. Subsection (1), paragraphs (a) and (b) of
184 subsection (2), paragraph (b) of subsection (4), and subsections
185 (5), (9), and (10) of section 316.545, Florida Statutes, are
186 amended to read:
187 316.545 Weight and load unlawful; special fuel and motor
188 fuel tax enforcement; inspection; penalty; review.—
189 (1) Any officer of the Florida Highway Patrol weight and
190 safety officer of the Department of Highway Safety and Motor
191 Vehicles Transportation having reason to believe that the weight
192 of a vehicle and load is unlawful is authorized to require the
193 driver to stop and submit to a weighing of the same by means of
194 either portable or fixed scales and may require that such
195 vehicle be driven to the nearest weigh station or public scales,
196 provided such a facility is within 5 highway miles. Upon a
197 request by the vehicle driver, the officer shall weigh the
198 vehicle at fixed scales rather than by portable scales if such a
199 facility is available within 5 highway miles. Anyone who refuses
200 to submit to such weighing obstructs an officer pursuant to s.
201 843.02 and is guilty of a misdemeanor of the first degree,
202 punishable as provided in s. 775.082 or s. 775.083. Anyone who
203 knowingly and willfully resists, obstructs, or opposes a weight
204 and safety officer while refusing to submit to such weighing by
205 resisting the officer with violence to the officer’s person
206 pursuant to s. 843.01 is guilty of a felony of the third degree,
207 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
208 (2)(a) Whenever an officer of the Florida Highway Patrol or
209 a weight inspector of the Department of Transportation, upon
210 weighing a vehicle or combination of vehicles with load,
211 determines that the axle weight or gross weight is unlawful, the
212 officer or inspector may require the driver to stop the vehicle
213 in a suitable place and remain standing until a determination
214 can be made as to the amount of weight thereon and, if
215 overloaded, the amount of penalty to be assessed as provided
216 herein. However, any gross weight over and beyond 6,000 pounds
217 beyond the maximum herein set shall be unloaded and all material
218 so unloaded shall be cared for by the owner or operator of the
219 vehicle at the risk of such owner or operator. Except as
220 otherwise provided in this chapter, to facilitate compliance
221 with and enforcement of the weight limits established in s.
222 316.535, weight tables published pursuant to s. 316.535(7) shall
223 include a 10-percent scale tolerance and shall thereby reflect
224 the maximum scaled weights allowed any vehicle or combination of
225 vehicles. As used in this section, scale tolerance means the
226 allowable deviation from legal weights established in s.
227 316.535. Notwithstanding any other provision of the weight law,
228 if a vehicle or combination of vehicles does not exceed the
229 gross, external bridge, or internal bridge weight limits imposed
230 in s. 316.535 and the driver of such vehicle or combination of
231 vehicles can comply with the requirements of this chapter by
232 shifting or equalizing the load on all wheels or axles and does
233 so when requested by the proper authority, the driver shall not
234 be held to be operating in violation of said weight limits.
235 (b) The officer or inspector shall inspect the license
236 plate or registration certificate of the commercial vehicle, as
237 defined in s. 316.003(66), to determine if its gross weight is
238 in compliance with the declared gross vehicle weight. If its
239 gross weight exceeds the declared weight, the penalty shall be 5
240 cents per pound on the difference between such weights. In those
241 cases when the commercial vehicle, as defined in s. 316.003(66),
242 is being operated over the highways of the state with an expired
243 registration or with no registration from this or any other
244 jurisdiction or is not registered under the applicable
245 provisions of chapter 320, the penalty herein shall apply on the
246 basis of 5 cents per pound on that scaled weight which exceeds
247 35,000 pounds on laden truck tractor-semitrailer combinations or
248 tandem trailer truck combinations, 10,000 pounds on laden
249 straight trucks or straight truck-trailer combinations, or
250 10,000 pounds on any unladen commercial motor vehicle. If the
251 license plate or registration has not been expired for more than
252 90 days, the penalty imposed under this paragraph may not exceed
253 $1,000. In the case of special mobile equipment as defined in s.
254 316.003(48), which qualifies for the license tax provided for in
255 s. 320.08(5)(b), being operated on the highways of the state
256 with an expired registration or otherwise not properly
257 registered under the applicable provisions of chapter 320, a
258 penalty of $75 shall apply in addition to any other penalty
259 which may apply in accordance with this chapter. A vehicle found
260 in violation of this section may be detained until the owner or
261 operator produces evidence that the vehicle has been properly
262 registered. Any costs incurred by the retention of the vehicle
263 shall be the sole responsibility of the owner. A person who has
264 been assessed a penalty pursuant to this paragraph for failure
265 to have a valid vehicle registration certificate pursuant to the
266 provisions of chapter 320 is not subject to the delinquent fee
267 authorized in s. 320.07 if such person obtains a valid
268 registration certificate within 10 working days after such
269 penalty was assessed.
270 (4)
271 (b) In addition to the penalty provided for in paragraph
272 (a), the vehicle may be detained until the owner or operator of
273 the vehicle furnishes evidence that the vehicle has been
274 properly registered pursuant to s. 207.004. Any officer of the
275 Florida Highway Patrol or agent of the Department of
276 Transportation may issue a temporary fuel use permit and collect
277 the appropriate fee as provided for in s. 207.004(4).
278 Notwithstanding the provisions of subsection (6), all permit
279 fees collected pursuant to this paragraph shall be transferred
280 to the Department of Highway Safety and Motor Vehicles to be
281 allocated pursuant to s. 207.026.
282 (5) Whenever any person violates the provisions of this
283 chapter and becomes indebted to the state because of such
284 violation in the amounts aforesaid and refuses to pay said
285 penalty, in addition to the provisions of s. 316.3026, such
286 penalty shall become a lien upon the motor vehicle, and the same
287 may be foreclosed by the state in a court of equity. It shall be
288 presumed that the owner of the motor vehicle is liable for the
289 sum. Any person, firm, or corporation claiming an interest in
290 the seized motor vehicle may, at any time after the lien of the
291 state attaches to the motor vehicle, obtain possession of the
292 seized vehicle by filing a good and sufficient forthcoming bond
293 with the officer having possession of the vehicle, payable to
294 the Governor of the state in twice the amount of the state’s
295 lien, with a corporate surety duly authorized to transact
296 business in this state as surety, conditioned to have the motor
297 vehicle or combination of vehicles forthcoming to abide the
298 result of any suit for the foreclosure of such lien. It shall be
299 presumed that the owner of the motor vehicle is liable for the
300 penalty imposed under this section. Upon the posting of such
301 bond with the officer making the seizure, the vehicle shall be
302 released and the bond shall be forwarded to the Department of
303 Highway Safety and Motor Vehicles Transportation for
304 safekeeping. The lien of the state against the motor vehicle
305 aforesaid shall be foreclosed in equity, and the ordinary rules
306 of court relative to proceedings in equity shall control. If it
307 appears that the seized vehicle has been released to the
308 defendant upon his or her forthcoming bond, the state shall take
309 judgment of foreclosure against the property itself, and
310 judgment against the defendant and the sureties on the bond for
311 the amount of the lien, including cost of proceedings. After the
312 rendition of the decree, the state may, at its option, proceed
313 to sue out execution against the defendant and his or her
314 sureties for the amount recovered as aforesaid or direct the
315 sale of the vehicle under foreclosure.
316 (9) Any agent of the Department of Transportation who is
317 employed for the purpose of being a weight and safety officer
318 and who meets the qualifications established by law for law
319 enforcement officers shall have the same arrest powers as are
320 granted any law enforcement officer for the purpose of enforcing
321 the provisions of weight, load, safety, commercial motor vehicle
322 registration, and fuel tax compliance laws.
323 (9)(10) The Department of Transportation may employ weight
324 inspectors to operate its fixed-scale facilities. Weight
325 inspectors on duty at a fixed-scale facility are authorized to
326 enforce the laws governing commercial motor vehicle weight,
327 registration, size, and load and to assess and collect civil
328 penalties for violations of said laws. A weight inspector may
329 detain a commercial motor vehicle that has an obvious safety
330 defect critical to the continued safe operation of the vehicle
331 or that is operating in violation of an out-of-service order as
332 reported on the federal Safety and Fitness Electronic Records
333 database. The weight inspector may immediately summon a law
334 enforcement officer of the Department of Highway Safety and
335 Motor Vehicles Transportation, or other law enforcement officer
336 authorized by s. 316.640 to enforce the traffic laws of this
337 state, to take appropriate enforcement action. The vehicle shall
338 be released if the defect is repaired prior to the arrival of a
339 law enforcement officer. Weight inspectors shall not be
340 classified as law enforcement officers subject to certification
341 requirements of chapter 943, and are not authorized to carry
342 weapons or make arrests. Any person who obstructs, opposes, or
343 resists a weight inspector in the performance of the duties
344 herein prescribed shall be guilty of an offense as described in
345 subsection (1) for obstructing, opposing, or resisting a law
346 enforcement officer.
347 Section 10. Paragraph (a) of subsection (1) of section
348 316.640, Florida Statutes, is amended to read:
349 316.640 Enforcement.—The enforcement of the traffic laws of
350 this state is vested as follows:
351 (1) STATE.—
352 (a)1.a. The Division of Florida Highway Patrol of the
353 Department of Highway Safety and Motor Vehicles; the Division of
354 Law Enforcement of the Fish and Wildlife Conservation
355 Commission; the Division of Law Enforcement of the Department of
356 Environmental Protection; law enforcement officers of the
357 Department of Transportation; and the agents, inspectors, and
358 officers of the Department of Law Enforcement each have
359 authority to enforce all of the traffic laws of this state on
360 all the streets and highways thereof and elsewhere throughout
361 the state wherever the public has a right to travel by motor
362 vehicle.
363 b. University police officers shall have authority to
364 enforce all of the traffic laws of this state when violations
365 occur on or within 1,000 feet of any property or facilities that
366 are under the guidance, supervision, regulation, or control of a
367 state university, a direct-support organization of such state
368 university, or any other organization controlled by the state
369 university or a direct-support organization of the state
370 university, or when such violations occur within a specified
371 jurisdictional area as agreed upon in a mutual aid agreement
372 entered into with a law enforcement agency pursuant to s.
373 23.1225(1). Traffic laws may also be enforced off-campus when
374 hot pursuit originates on or within 1,000 feet of any such
375 property or facilities, or as agreed upon in accordance with the
376 mutual aid agreement.
377 c. Community college police officers shall have the
378 authority to enforce all the traffic laws of this state only
379 when such violations occur on any property or facilities that
380 are under the guidance, supervision, regulation, or control of
381 the community college system.
382 d. Police officers employed by an airport authority shall
383 have the authority to enforce all of the traffic laws of this
384 state only when such violations occur on any property or
385 facilities that are owned or operated by an airport authority.
386 (I) An airport authority may employ as a parking
387 enforcement specialist any individual who successfully completes
388 a training program established and approved by the Criminal
389 Justice Standards and Training Commission for parking
390 enforcement specialists but who does not otherwise meet the
391 uniform minimum standards established by the commission for law
392 enforcement officers or auxiliary or part-time officers under s.
393 943.12. Nothing in this sub-sub-subparagraph shall be construed
394 to permit the carrying of firearms or other weapons, nor shall
395 such parking enforcement specialist have arrest authority.
396 (II) A parking enforcement specialist employed by an
397 airport authority is authorized to enforce all state, county,
398 and municipal laws and ordinances governing parking only when
399 such violations are on property or facilities owned or operated
400 by the airport authority employing the specialist, by
401 appropriate state, county, or municipal traffic citation.
402 e. The Office of Agricultural Law Enforcement of the
403 Department of Agriculture and Consumer Services shall have the
404 authority to enforce traffic laws of this state.
405 f. School safety officers shall have the authority to
406 enforce all of the traffic laws of this state when such
407 violations occur on or about any property or facilities which
408 are under the guidance, supervision, regulation, or control of
409 the district school board.
410 2. An agency of the state as described in subparagraph 1.
411 is prohibited from establishing a traffic citation quota. A
412 violation of this subparagraph is not subject to the penalties
413 provided in chapter 318.
414 3. Any disciplinary action taken or performance evaluation
415 conducted by an agency of the state as described in subparagraph
416 1. of a law enforcement officer’s traffic enforcement activity
417 must be in accordance with written work-performance standards.
418 Such standards must be approved by the agency and any collective
419 bargaining unit representing such law enforcement officer. A
420 violation of this subparagraph is not subject to the penalties
421 provided in chapter 318.
422 4. The Division of the Florida Highway Patrol may employ as
423 a traffic accident investigation officer any individual who
424 successfully completes instruction in traffic accident
425 investigation and court presentation through the Selective
426 Traffic Enforcement Program as approved by the Criminal Justice
427 Standards and Training Commission and funded through the
428 National Highway Traffic Safety Administration or a similar
429 program approved by the commission, but who does not necessarily
430 meet the uniform minimum standards established by the commission
431 for law enforcement officers or auxiliary law enforcement
432 officers under chapter 943. Any such traffic accident
433 investigation officer who makes an investigation at the scene of
434 a traffic accident may issue traffic citations, based upon
435 personal investigation, when he or she has reasonable and
436 probable grounds to believe that a person who was involved in
437 the accident committed an offense under this chapter, chapter
438 319, chapter 320, or chapter 322 in connection with the
439 accident. This subparagraph does not permit the officer to carry
440 firearms or other weapons, and such an officer does not have
441 authority to make arrests.
442 Section 11. Subsection (1) of section 320.18, Florida
443 Statutes, is amended to read:
444 320.18 Withholding registration.—
445 (1) The department may withhold the registration of any motor
446 vehicle or mobile home the owner of which has failed to register
447 it under the provisions of law for any previous period or
448 periods for which it appears registration should have been made
449 in this state, until the tax for such period or periods is paid.
450 The department may cancel any vehicle or vessel registration,
451 driver’s license, identification card, or fuel-use tax decal if
452 the owner pays for the vehicle or vessel registration, driver’s
453 license, identification card, or fuel-use tax decal; pays any
454 administrative, delinquency, or reinstatement fee; or pays any
455 tax liability, penalty, or interest specified in chapter 207 by
456 a dishonored check, or if the vehicle owner or motor carrier has
457 failed to pay a penalty for a weight or safety violation issued
458 by the Department of Transportation or the Department of Highway
459 Safety and Motor Vehicles Motor Carrier Compliance Office. The
460 Department of Transportation and the Department of Highway
461 Safety and Motor Vehicles may impound any commercial motor
462 vehicle that has a canceled license plate or fuel-use tax decal
463 until the tax liability, penalty, and interest specified in
464 chapter 207, the license tax, or the fuel-use decal fee, and
465 applicable administrative fees have been paid for by certified
466 funds.
467
468 ================= T I T L E A M E N D M E N T ================
469 And the title is amended as follows:
470 Delete lines 3 - 7
471 and insert:
472 Compliance; amending s. 20.23, F.S.; creating a motor
473 carrier weight inspection area of program
474 responsibility within the Department of
475 Transportation, which replaces motor carrier
476 compliance; amending s. 20.24, F.S.; creating the
477 Office of Motor Carrier Compliance within the Division
478 of the Florida Highway Patrol within the Department of
479 Highway Safety and Motor Vehicles; amending ss.
480 110.205, 311.115, 316.302, 316.3025, 316.3026,
481 316.516, 316.545, 316.640, 320.18, 321.05, and
482 324.044,