Senate Bill 754 (2024) — Regulation of commercial motor vehicles
SB 754
Florida Bills
Florida Senate - 2024 SB 754 By Senator DiCeglie 18-00718-24 2024754__ Page 1 of 15 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to regulation of commercial motor 2 vehicles; amending s. 316.302, F.S.; revising federal 3 regulations to which owners and operators of certain 4 commercial motor vehicles are subject; deleting 5 obsolete language; authorizing agents to remove 6 vehicles or drivers from service and to give certain 7 written notice under certain circumstances; providing 8 penalties; amending s. 322.01, F.S.; revising 9
definitions; defining the term “downgrade”; amending 10 s. 322.02, F.S.; charging the Department of Highway 11 Safety and Motor Vehicles with the administration and 12 enforcement of certain federal regulations; amending 13 s. 322.05, F.S.; prohibiting the department from 14 issuing a commercial motor vehicle license to a person 15 who is ineligible under certain federal regulations; 16 amending s. 322.07, F.S.; revising circumstances under 17 which the department is required to issue a temporary 18 commercial instruction permit; amending s. 322.21, 19 F.S.; applying a reinstatement service fee to a person 20 whose privilege to operate a commercial vehicle has 21 been downgraded; applying a filing fee to a person 22 applying for or seeking to renew, transfer, or make 23 any other change to a commercial driver license or 24 temporary commercial instruction permit; creating s. 25 322.591, F.S.; requiring the department to obtain a 26 person’s driving record from the Commercial Driver’s 27 License Drug and Alcohol Clearinghouse; prohibiting 28 the department from performing certain actions for a 29
Florida Senate - 2024 SB 754 18-00718-24 2024754__ Page 2 of 15 CODING: Words stricken are deletions; words underlined are additions. person who is prohibited from operating a commercial 30 motor vehicle under certain federal regulations; 31 requiring the department to downgrade a commercial 32 driver license or temporary commercial instruction 33 permit of a person who is prohibited from operating a 34 commercial motor vehicle under such regulations and to 35 record such downgrade in the Commercial Driver’s 36 License Information System; requiring the department 37 to provide to such person certain notification and, 38 upon request, an opportunity for an informal hearing; 39 providing hearing requirements; requiring the 40 department to enter a final order directing the 41 downgrade of the person’s commercial driver license or 42 temporary commercial instruction permit under certain 43 circumstances; providing an exception; providing that 44 a request for a hearing tolls certain deadlines; 45 exempting an informal hearing from certain provisions; 46 authorizing such hearing to be conducted by means of 47 communications technology; requiring the department to 48 dismiss the action to downgrade the person’s 49 commercial driver license or temporary commercial 50 instruction permit under certain circumstances; 51 requiring the department to record the 52 disqualification of a person from operating a 53 commercial motor vehicle in the person’s driving 54 record upon entry of a final order to downgrade the 55 person’s commercial driver license or temporary 56 commercial instruction permit; providing construction; 57 requiring reinstatement of the person’s commercial 58
Florida Senate - 2024 SB 754 18-00718-24 2024754__ Page 3 of 15 CODING: Words stricken are deletions; words underlined are additions. driver license or temporary commercial instruction 59 permit under certain circumstances; limiting liability 60 of the department; specifying that certain provisions 61 are the exclusive procedure for downgrade of a 62 commercial driver license or temporary commercial 63 instruction permit; providing construction; 64 authorizing issuance of a Class E driver license to a 65 person who is prohibited from operating a commercial 66 motor vehicle under certain circumstances; amending 67 ss. 322.34 and 322.61, F.S.; conforming cross-68 references; providing an effective date. 69 70 Be It Enacted by the Legislature of the State of Florida: 71 72
Section 1. Subsection (1), paragraph (
d) of subsection (2), 73 and subsection (9) of
section 316.302, Florida Statutes, are 74 amended to read: 75 316.302 Commercial motor vehicles; safety regulations; 76 transporters and shippers of hazardous materials; enforcement.— 77 (1)(
a) All owners and drivers of commercial motor vehicles 78 that are operated on the public highways of this state while 79 engaged in interstate commerce are subject to the rules and 80 regulations contained in 49 C.F.R. parts 382-386 382, 383, 385, 81 386, and 390-397. 82 (
b) Except as otherwise provided in this section, all 83 owners and drivers of commercial motor vehicles that are engaged 84 in intrastate commerce are subject to the rules and regulations 85 contained in 49 C.F.R. parts 382-386 382, 383, 385, 386, and 86 390-397, as such rules and regulations existed on December 31, 87
Florida Senate - 2024 SB 754 18-00718-24 2024754__ Page 4 of 15 CODING: Words stricken are deletions; words underlined are additions. 2023 2020. 88 (
c) The emergency exceptions provided by 49 C.F.R. s. 89 392.82 also apply to communications by utility drivers and 90 utility contractor drivers during a Level 1 activation of the 91 State Emergency Operations Center, as provided in the Florida 92 Comprehensive Emergency Management plan, or during a state of 93 emergency declared by executive order or proclamation of the 94 Governor. 95 (
d) Except as provided in s. 316.228 for rear overhang 96 lighting and flagging requirements for intrastate operations, 97 the requirements of this
section supersede all other safety 98 requirements of this
chapter for commercial motor vehicles. 99 (
e) A person who operates a commercial motor vehicle solely 100 in intrastate commerce which does not transport hazardous 101 materials in amounts that require placarding pursuant to 49 102 C.F.R.
part 172 need not comply with the requirements of 103 electronic logging devices and hours of service supporting 104 documents as provided in 49 C.F.R. parts 385, 386, 390, and 395 105 until December 31, 2019. 106 (2) 107 (
d) A person who operates a commercial motor vehicle solely 108 in intrastate commerce not transporting any hazardous material 109 in amounts that require placarding pursuant to 49 C.F.R.
part 110 172 within a 150 air-mile radius of the location where the 111 vehicle is based need not comply with 49 C.F.R. ss. 395.8 and 112 395.11 s. 395.8 if the requirements of 49 C.F.R. s. 113 395.1(e)(1)(iii) and (iv) s. 395.1(e)(1)(ii), (iii)(
A) and (C), 114 and (
v) are met. 115
(9) For the purpose of enforcing this section, any law 116
Florida Senate - 2024 SB 754 18-00718-24 2024754__ Page 5 of 15 CODING: Words stricken are deletions; words underlined are additions. enforcement officer of the Department of Highway Safety and 117 Motor Vehicles or duly appointed agent who holds a current 118 safety inspector certification from the Commercial Vehicle 119 Safety Alliance may require the driver of any commercial vehicle 120 operated on the highways of this state to stop and submit to an 121 inspection of the vehicle or the driver’s records.
If the 122 vehicle or driver is found to be operating in an unsafe 123 condition, or if any required part or equipment is not present 124 or is not in proper repair or adjustment, and the continued 125 operation would present an unduly hazardous operating condition, 126 the officer or agent may require the vehicle or the driver to be 127 removed from service pursuant to the North American Standard 128 Out-of-Service Criteria, until corrected.
However, if continuous 129 operation would not present an unduly hazardous operating 130 condition, the officer or agent may give written notice 131 requiring correction of the condition within 15 days. 132 (
a) Any member of the Florida Highway Patrol or any law 133 enforcement officer employed by a sheriff’s office or municipal 134 police department authorized to enforce the traffic laws of this 135 state pursuant to s. 316.640 who has reason to believe that a 136 vehicle or driver is operating in an unsafe condition may, as 137 provided in subsection (11), enforce the provisions of this 138 section. 139 (
b) Any person who fails to comply with an officer’s 140 request to submit to an inspection under this subsection commits 141 a violation of s. 843.02 if the person resists the officer 142 without violence or a violation of s. 843.01 if the person 143 resists the officer or agent with violence. 144
Section 2. Present subsections (16) through (48) of
section 145
Florida Senate - 2024 SB 754 18-00718-24 2024754__ Page 6 of 15 CODING: Words stricken are deletions; words underlined are additions. 322.01, Florida Statutes, are redesignated as subsections (17) 146 through (49), respectively, a new subsection (16) is added to 147 that section, and subsection (5) and present subsections (37) 148 and (41) of that
section are amended, to read: 149 322.01
Definitions.—As used in this chapter: 150 (5) “Cancellation” means the act of declaring a driver 151 license void and terminated but does not include a downgrade. 152 (16) “Downgrade” has the same meaning as the term “CDL 153 downgrade” as defined in 49 C.F.R. s. 383.5(4). 154 (38)(37) “Revocation” means the termination of a licensee’s 155 privilege to drive. The term does not include a downgrade. 156 (42)(41) “Suspension” means the temporary withdrawal of a 157 licensee’s privilege to drive a motor vehicle. The term does not 158 include a downgrade. 159
Section 3. Subsection (2) of
section 322.02, Florida 160 Statutes, is amended to read: 161 322.02 Legislative intent; administration.— 162
(2) The Department of Highway Safety and Motor Vehicles is 163 charged with the administration and function of enforcement of 164 the provisions of this
chapter and the administration and 165 enforcement of 49 C.F.R. parts 382-386 and 390-397. 166
Section 4. Present subsections (7) through (12) of
section 167 322.05, Florida Statutes, are redesignated as subsections (8) 168 through (13), respectively, and a new subsection (7) is added to 169 that section, to read: 170 322.05 Persons not to be licensed.—The department may not 171 issue a license: 172
(7) To any person, as a commercial motor vehicle operator, 173 who is ineligible to operate a commercial motor vehicle pursuant 174
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part 383. 175
Section 5. Subsection (3) of
section 322.07, Florida 176 Statutes, is amended to read: 177 322.07 Instruction permits and temporary licenses.— 178
(3) Any person who, except for his or her lack of 179 instruction in operating a commercial motor vehicle, would 180 otherwise be qualified to obtain a commercial driver license 181 under this chapter, may apply for a temporary commercial 182 instruction permit. The department shall issue such a permit 183 entitling the applicant, while having the permit in his or her 184 immediate possession, to drive a commercial motor vehicle on the 185 highways, if: 186 (
a) The applicant possesses a valid Florida driver license; 187 and 188 (
b) The applicant, while operating a commercial motor 189 vehicle, is accompanied by a licensed driver who is 21 years of 190 age or older, who is licensed to operate the class of vehicle 191 being operated, and who is occupying the closest seat to the 192 right of the driver; and 193 (
c) The department has not been notified that, under 49 194 C.F.R. s. 382.501(a), the applicant is prohibited from operating 195 a commercial motor vehicle. 196
Section 6. Subsection (8) and paragraph (
a) of subsection 197 (9) of
section 322.21, Florida Statutes, are amended to read: 198 322.21 License fees; procedure for handling and collecting 199 fees.— 200
(8) A person who applies for reinstatement following the 201 suspension or revocation of the person’s driver license must pay 202 a service fee of $45 following a suspension, and $75 following a 203
Florida Senate - 2024 SB 754 18-00718-24 2024754__ Page 8 of 15 CODING: Words stricken are deletions; words underlined are additions. revocation, which is in addition to the fee for a license. A 204 person who applies for reinstatement of a commercial driver 205 license following the disqualification or downgrade of the 206 person’s privilege to operate a commercial motor vehicle must 207 shall pay a service fee of $75, which is in addition to the fee 208 for a license. The department shall collect all of these fees at 209 the time of reinstatement. The department shall issue proper 210 receipts for such fees and shall promptly transmit all funds 211 received by it as follows: 212 (
a) Of the $45 fee received from a licensee for 213 reinstatement following a suspension: 214 1. If the reinstatement is processed by the department, the 215 department shall deposit $15 in the General Revenue Fund and $30 216 in the Highway Safety Operating Trust Fund. 217 2. If the reinstatement is processed by the tax collector, 218 $15, less the general revenue service charge set forth in s. 219 215.20(1), shall be retained by the tax collector, $15 shall be 220 deposited into the Highway Safety Operating Trust Fund, and $15 221 shall be deposited into the General Revenue Fund. 222 (
b) Of the $75 fee received from a licensee for 223 reinstatement following a revocation, or disqualification, or 224 downgrade: 225 1. If the reinstatement is processed by the department, the 226 department shall deposit $35 in the General Revenue Fund and $40 227 in the Highway Safety Operating Trust Fund. 228 2. If the reinstatement is processed by the tax collector, 229 $20, less the general revenue service charge set forth in s. 230 215.20(1), shall be retained by the tax collector, $20 shall be 231 deposited into the Highway Safety Operating Trust Fund, and $35 232
Florida Senate - 2024 SB 754 18-00718-24 2024754__ Page 9 of 15 CODING: Words stricken are deletions; words underlined are additions. shall be deposited into the General Revenue Fund. 233 234 If the revocation or suspension of the driver license was for a 235 violation of s. 316.193, or for refusal to submit to a lawful 236 breath, blood, or urine test, an additional fee of $130 must be 237 charged.
However, only one $130 fee may be collected from one 238 person convicted of violations arising out of the same incident. 239 The department shall collect the $130 fee and deposit the fee 240 into the Highway Safety Operating Trust Fund at the time of 241 reinstatement of the person’s driver license, but the fee may 242 not be collected if the suspension or revocation is overturned. 243 If the revocation or suspension of the driver license was for a 244 conviction for a violation of s. 817.234(8) or (9) or s. 245 817.505, an additional fee of $180 is imposed for each offense. 246 The department shall collect and deposit the additional fee into 247 the Highway Safety Operating Trust Fund at the time of 248 reinstatement of the person’s driver license. 249
(9) An applicant: 250 (
a) Requesting a review authorized in s. 322.222, s. 251 322.2615, s. 322.2616, s. 322.27, s. 322.591, or s. 322.64 must 252 pay a filing fee of $25 to be deposited into the Highway Safety 253 Operating Trust Fund. 254
Section
Section 322.591, Florida Statutes, is created to 255 read: 256 322.591 Commercial driver license and temporary commercial 257 instruction permit; Commercial Driver’s License Drug and Alcohol 258 Clearinghouse; prohibition on issuance of commercial driver 259 licenses; downgrades.—Beginning November 18, 2024: 260
(1) When a person applies for or seeks to renew, transfer, 261
Florida Senate - 2024 SB 754 18-00718-24 2024754__ Page 10 of 15 CODING: Words stricken are deletions; words underlined are additions. or make any other change to a commercial driver license or 262 temporary commercial instruction permit, the department must 263 obtain the person’s driving record from the Commercial Driver’s 264 License Drug and Alcohol Clearinghouse established pursuant to 265 49 C.F.R.
part 382. The department may not issue, renew, or 266 transfer, or revise the types of authorized vehicles that may be 267 operated or the endorsements applicable to, a commercial driver 268 license or temporary commercial instruction permit for any 269 person for whom the department receives notification that, 270 pursuant to 49 C.F.R. s. 382.501(a), the person is prohibited 271 from operating a commercial motor vehicle. 272
(2) The department shall downgrade the commercial driver 273 license or temporary commercial instruction permit of a person 274 for whom the department receives notification that, pursuant to 275 49 C.F.R. s. 382.501(a), the person is prohibited from operating 276 a commercial motor vehicle. Any such downgrade must be completed 277 and recorded by the department in the Commercial Driver’s 278 License Information System within 60 days after the department’s 279 receipt of such notification. 280 (3)(
a) Upon receipt of notification that, pursuant to 49 281 C.F.R. s. 382.501(a), a person is prohibited from operating a 282 commercial motor vehicle, the department shall immediately 283 notify the person who is the subject of such notification that 284 he or she is prohibited from operating a commercial motor 285 vehicle and, upon his or her request, must afford him or her an 286 opportunity for an informal hearing pursuant to this section. 287 The department’s notice must be provided to the person in the 288 same manner as, and providing notice has the same effect as, 289 notices provided pursuant to s. 322.251(1) and (2). 290
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b) An informal hearing under paragraph (
a) must be 291 requested no later than 20 days after the person receives the 292 notice of the downgrade. If a request for a hearing is not 293 received within 20 days after receipt of such notice, the 294 department must enter a final order directing the downgrade of 295 the person’s commercial driver license or temporary commercial 296 instruction permit unless the department receives notification 297 that, pursuant to 49 C.F.R. s. 382.503(a), the person is no 298 longer prohibited from operating a commercial motor vehicle. 299 (
c) A hearing requested under paragraph (
b) must be 300 scheduled and held no later than 30 days after receipt by the 301 department of a request for the hearing. The submission of a 302 request for hearing under paragraph (
b) tolls the deadline to 303 file a petition for writ of certiorari pursuant to s. 322.31 304 until after the department enters a final order after a hearing 305 under paragraph (b). 306 (
d) The informal hearing authorized by this subsection is 307 exempt from
chapter 120. Such hearing must be conducted before a 308 hearing officer designated by the department. The hearing 309 officer may conduct such hearing by means of communications 310 technology. 311 (
e) The notification received by the department pursuant to 312 49 C.F.R. s. 382.501(
a) must be in the record for consideration 313 by the hearing officer and in any proceeding under s. 322.31 and 314 is considered self-authenticating. The basis for the 315 notification received by the department pursuant to 49 C.F.R. s. 316 382.501(
a) and the information in the Commercial Driver’s 317 License Drug and Alcohol Clearinghouse which resulted in such 318 notification are not subject to challenge in the hearing or in 319
Florida Senate - 2024 SB 754 18-00718-24 2024754__ Page 12 of 15 CODING: Words stricken are deletions; words underlined are additions. any proceeding brought under s. 322.31. 320 (
f) If, before the entry of a final order arising from a 321 notification received by the department pursuant to 49 C.F.R. s. 322 382.501(a), the department receives notification that, pursuant 323 to 49 C.F.R. s. 382.503(a), the person is no longer prohibited 324 from operating a commercial motor vehicle, the department must 325 dismiss the action to downgrade the person’s commercial driver 326 license or temporary commercial instruction permit. 327 (
g) Upon the entry of a final order that results in the 328 downgrade of a person’s commercial driver license or temporary 329 commercial instruction permit, the department shall record 330 immediately in the person’s driving record that the person is 331 disqualified from operating a commercial motor vehicle. The 332 downgrade of a commercial driver license or temporary commercial 333 instruction permit pursuant to a final order entered pursuant to 334 this
section and, upon the entry of a final order, the recording 335 in the person’s record that the person subject to such final 336 order is disqualified from operating a commercial motor vehicle, 337 are not stayed during the pendency of any proceeding pursuant to 338 s. 322.31. 339 (
h) If, after the department enters a final order that 340 results in the downgrade of a person’s commercial driver license 341 or temporary commercial instruction permit and records in the 342 person’s driving record that the person is disqualified from 343 operating a commercial motor vehicle, the department receives 344 notification that, pursuant to 49 C.F.R. s. 382.503(a), the 345 person is no longer prohibited from operating a commercial motor 346 vehicle, the department must reinstate the person’s commercial 347 driver license or temporary commercial instruction permit upon 348
Florida Senate - 2024 SB 754 18-00718-24 2024754__ Page 13 of 15 CODING: Words stricken are deletions; words underlined are additions. application by such person. 349 (
i) The department is not liable for any commercial driver 350 license or temporary commercial instruction permit downgrade 351 resulting from the discharge of its duties. 352 (
j) This
section is the exclusive procedure for the 353 downgrade of a commercial driver license or temporary commercial 354 instruction permit following notification received by the 355 department that, pursuant to 49 C.F.R. s. 382.501(a), a person 356 is prohibited from operating a commercial motor vehicle. 357 (
k) The downgrade of a person’s commercial driver license 358 or temporary commercial instruction permit pursuant to this 359
section does not preclude the suspension of the driving 360 privilege for that person pursuant to s. 322.2615 or the 361 disqualification of that person from operating a commercial 362 motor vehicle pursuant to s. 322.64. The driving privilege of a 363 person whose commercial driver license or temporary commercial 364 instruction permit has been downgraded pursuant to this
section 365 also may be suspended for a violation of s. 316.193. 366
(4) A person for whom the department receives notification 367 that, pursuant to 49 C.F.R. s. 382.501(a), the person is 368 prohibited from operating a commercial motor vehicle may, if 369 otherwise qualified, be issued a Class E driver license pursuant 370 to s. 322.251(4), valid for the length of his or her unexpired 371 license period, at no cost. 372
Section 8. Subsection (2) of
section 322.34, Florida 373 Statutes, is amended to read: 374 322.34 Driving while license suspended, revoked, canceled, 375 or disqualified.— 376
(2) Any person whose driver license or driving privilege 377
Florida Senate - 2024 SB 754 18-00718-24 2024754__ Page 14 of 15 CODING: Words stricken are deletions; words underlined are additions. has been canceled, suspended, or revoked as provided by law, or 378 who does not have a driver license or driving privilege but is 379 under suspension or revocation equivalent status as defined in 380 s. 322.01(43) s. 322.01(42), except persons defined in s. 381 322.264, who, knowing of such cancellation, suspension, 382 revocation, or suspension or revocation equivalent status, 383 drives any motor vehicle upon the highways of this state while 384 such license or privilege is canceled, suspended, or revoked, or 385 while under suspension or revocation equivalent status, commits: 386 (
a) A misdemeanor of the second degree, punishable as 387 provided in s. 775.082 or s. 775.083. 388 (b)1. A misdemeanor of the first degree, punishable as 389 provided in s. 775.082 or s. 775.083, upon a second or 390 subsequent conviction, except as provided in paragraph (c). 391 2. A person convicted of a third or subsequent conviction, 392 except as provided in paragraph (c), must serve a minimum of 10 393 days in jail. 394 (
c) A felony of the third degree, punishable as provided in 395 s. 775.082, s. 775.083, or s. 775.084, upon a third or 396 subsequent conviction if the current violation of this
section 397 or the most recent prior violation of the
section is related to 398 driving while license canceled, suspended, revoked, or 399 suspension or revocation equivalent status resulting from a 400 violation of: 401 1. Driving under the influence; 402 2. Refusal to submit to a urine, breath-alcohol, or blood 403 alcohol test; 404 3. A traffic offense causing death or serious bodily 405 injury; or 406
Florida Senate - 2024 SB 754 18-00718-24 2024754__ Page 15 of 15 CODING: Words stricken are deletions; words underlined are additions. 4. Fleeing or eluding. 407 408 The element of knowledge is satisfied if the person has been 409 previously cited as provided in subsection (1); or the person 410 admits to knowledge of the cancellation, suspension, or 411 revocation, or suspension or revocation equivalent status; or 412 the person received notice as provided in subsection (4).
There 413 shall be a rebuttable presumption that the knowledge requirement 414 is satisfied if a judgment or order as provided in subsection 415 (4) appears in the department’s records for any case except for 416 one involving a suspension by the department for failure to pay 417 a traffic fine or for a financial responsibility violation. 418
Section 9. Subsection (4) of
section 322.61, Florida 419 Statutes, is amended to read: 420 322.61 Disqualification from operating a commercial motor 421 vehicle.— 422
(4) Any person who is transporting hazardous materials as 423 defined in s. 322.01(25) s. 322.01(24) shall, upon conviction of 424 an offense specified in subsection (3), be disqualified from 425 operating a commercial motor vehicle for a period of 3 years. 426 The penalty provided in this subsection shall be in addition to 427 any other applicable penalty. 428