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