Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 754 Ì382268DÎ382268 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/10/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Transportation (DiCeglie) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 255 - 372 4 and insert: 5 Section 7. Section 322.31, Florida Statutes, is amended to 6 read: 7 322.31 Right of review.—The final orders and rulings of the 8 department wherein any person is denied a license, has a 9 commercial driver license or commercial instruction permit 10 downgraded, or where such license has been canceled, suspended, 11 or revoked, mustshallbe reviewable in the manner and within 12 the time provided by the Florida Rules of Appellate Procedure 13 only by a writ of certiorari issued by the circuit court in the 14 county wherein such person shall reside, in the manner 15 prescribed by the Florida Rules of Appellate Procedure, any 16 provision in chapter 120 to the contrary notwithstanding. 17 Section 8. Section 322.591, Florida Statutes, is created to 18 read: 19 322.591 Commercial driver license and temporary commercial 20 instruction permit; Commercial Driver’s License Drug and Alcohol 21 Clearinghouse; prohibition on issuance of commercial driver 22 licenses; downgrades.—Beginning November 18, 2024: 23 (1) When a person applies for or seeks to renew, transfer, 24 or make any other change to a commercial driver license or 25 temporary commercial instruction permit, the department must 26 obtain the person’s driving record from the Commercial Driver’s 27 License Drug and Alcohol Clearinghouse established pursuant to 28 49 C.F.R. part 382. The department may not issue, renew, or 29 transfer, or revise the types of authorized vehicles that may be 30 operated or the endorsements applicable to, a commercial driver 31 license or temporary commercial instruction permit for any 32 person for whom the department receives notification that, 33 pursuant to 49 C.F.R. s. 382.501(a), the person is prohibited 34 from operating a commercial motor vehicle. 35 (2) The department shall downgrade the commercial driver 36 license or temporary commercial instruction permit of a person 37 for whom the department receives notification that, pursuant to 38 49 C.F.R. s. 382.501(a), the person is prohibited from operating 39 a commercial motor vehicle. Any such downgrade must be completed 40 and recorded by the department in the Commercial Driver’s 41 License Information System within 60 days after the department’s 42 receipt of such notification. 43 (3)(a) Upon receipt of notification that, pursuant to 49 44 C.F.R. s. 382.501(a), a person is prohibited from operating a 45 commercial motor vehicle, the department shall immediately 46 notify the person who is the subject of such notification that 47 he or she is prohibited from operating a commercial motor 48 vehicle and, upon his or her request, must afford him or her an 49 opportunity for an informal hearing pursuant to this section. 50 The department’s notice must be provided to the person in the 51 same manner as, and providing notice has the same effect as, 52 notices provided pursuant to s. 322.251(1) and (2). 53 (b) An informal hearing under paragraph (a) must be 54 requested no later than 20 days after the person receives the 55 notice of the downgrade. If a request for a hearing is not 56 received within 20 days after receipt of such notice, the 57 department must enter a final order directing the downgrade of 58 the person’s commercial driver license or temporary commercial 59 instruction permit unless the department receives notification 60 that, pursuant to 49 C.F.R. s. 382.503(a), the person is no 61 longer prohibited from operating a commercial motor vehicle. 62 (c) A hearing requested under paragraph (b) must be 63 scheduled and held no later than 30 days after receipt by the 64 department of a request for the hearing. The submission of a 65 request for hearing under paragraph (b) tolls the deadline to 66 file a petition for writ of certiorari pursuant to s. 322.31 67 until after the department enters a final order after a hearing 68 under paragraph (b). 69 (d) The informal hearing authorized by this subsection is 70 exempt from chapter 120. Such hearing must be conducted before a 71 hearing officer designated by the department. The hearing 72 officer may conduct such hearing by means of communications 73 technology. 74 (e) The notification received by the department pursuant to 75 49 C.F.R. s. 382.501(a) must be in the record for consideration 76 by the hearing officer and in any proceeding under s. 322.31 and 77 is considered self-authenticating. The basis for the 78 notification received by the department pursuant to 49 C.F.R. s. 79 382.501(a) and the information in the Commercial Driver’s 80 License Drug and Alcohol Clearinghouse which resulted in such 81 notification are not subject to challenge in the hearing or in 82 any proceeding brought under s. 322.31. 83 (f) If, before the entry of a final order arising from a 84 notification received by the department pursuant to 49 C.F.R. s. 85 382.501(a), the department receives notification that, pursuant 86 to 49 C.F.R. s. 382.503(a), the person is no longer prohibited 87 from operating a commercial motor vehicle, the department must 88 dismiss the action to downgrade the person’s commercial driver 89 license or temporary commercial instruction permit. 90 (g) Upon the entry of a final order that results in the 91 downgrade of a person’s commercial driver license or temporary 92 commercial instruction permit, the department shall record 93 immediately in the person’s driving record that the person is 94 disqualified from operating a commercial motor vehicle. The 95 downgrade of a commercial driver license or temporary commercial 96 instruction permit pursuant to a final order entered pursuant to 97 this section and, upon the entry of a final order, the recording 98 in the person’s record that the person subject to such final 99 order is disqualified from operating a commercial motor vehicle, 100 are not stayed during the pendency of any proceeding pursuant to 101 s. 322.31. 102 (h) If, after the department enters a final order that 103 results in the downgrade of a person’s commercial driver license 104 or temporary commercial instruction permit and records in the 105 person’s driving record that the person is disqualified from 106 operating a commercial motor vehicle, the department receives: 107 1. Notification that, pursuant to 49 C.F.R. s. 382.503(a), 108 the person is no longer prohibited from operating a commercial 109 motor vehicle, the department must reinstate the person’s 110 commercial driver license or temporary commercial instruction 111 permit upon application by such person. 112 2. Notification from the Federal Motor Carrier Safety 113 Administration pursuant to 49 C.F.R. s. 383.73(q)(3) that the 114 person was erroneously identified as being prohibited from 115 operating a commercial motor vehicle, the department must notify 116 the person; reinstate, without payment of the reinstatement fee 117 required pursuant to s. 322.31, the person’s commercial driver 118 license or commercial instruction permit as expeditiously as 119 possible; and remove any reference to the person’s erroneous 120 prohibited status from the Commercial Driver’s License 121 Information System and the person’s record. 122 (i) The department is not liable for any commercial driver 123 license or temporary commercial instruction permit downgrade 124 resulting from the discharge of its duties. 125 (j) This section is the exclusive procedure for the 126 downgrade of a commercial driver license or temporary commercial 127 instruction permit following notification received by the 128 department that, pursuant to 49 C.F.R. s. 382.501(a), a person 129 is prohibited from operating a commercial motor vehicle. 130 (k) The downgrade of a person’s commercial driver license 131 or temporary commercial instruction permit pursuant to this 132 section does not preclude the suspension of the driving 133 privilege for that person pursuant to s. 322.2615 or the 134 disqualification of that person from operating a commercial 135 motor vehicle pursuant to s. 322.64. The driving privilege of a 136 person whose commercial driver license or temporary commercial 137 instruction permit has been downgraded pursuant to this section 138 also may be suspended for a violation of s. 316.193. 139 (4) A person for whom the department receives notification 140 that, pursuant to 49 C.F.R. s. 382.501(a), the person is 141 prohibited from operating a commercial motor vehicle may, if 142 otherwise qualified, be issued a Class E driver license pursuant 143 to s. 322.251(4), valid for the length of his or her unexpired 144 license period, at no cost. 145 146 ================= T I T L E A M E N D M E N T ================ 147 And the title is amended as follows: 148 Delete line 25 149 and insert: 150 temporary commercial instruction permit; amending s. 151 322.31, F.S.; requiring that the final orders and 152 rulings of the department regarding commercial driver 153 licenses and commercial instruction permits be 154 reviewable; creating s.