This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0405.TMS
DATE: 1/8/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 405 Regulation of Commercial Motor Vehicles
SPONSOR(S): Melo
TIED BILLS: IDEN./SIM. BILLS: SB 754
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Modals Subcommittee Walker Hinshelwood
2) Infrastructure & Tourism Appropriations
Subcommittee
3) Infrastructure Strategies Committee
SUMMARY ANALYSIS
The Drug and Alcohol Clearinghouse (Clearinghouse) is a secure online database that gives employers, the
Federal Motor Carrier Safety Administration (FMCSA), State Driver Licensing Agencies (SDLAs), and state law
enforcement personnel real-time information about violations of the U.S. Department of Transportation drug
and alcohol testing program by holders of commercial driver’s licenses and commercial learner’s permits.
Employers are required to query the Clearinghouse for current and prospective employees' drug and alcohol
violations before permitting those employees to operate a commercial motor vehicle (CMV) on public roads.
They must also annually query the Clearinghouse for each driver they currently employ.
On October 7, 2021, the FMCSA published a final rule establishing requirements for SDLA’s access to and use
of driver-specific drug and alcohol program violation information contained in the Clearinghouse. States have
until November 18, 2024, to comply with these requirements. Therefore, the bill makes the statutory changes
necessary for the Department of Highway Safety and Motor Vehicles (DHSMV) to enforce and administer the
Clearinghouse provisions of the federal rule.
Additionally, the bill makes the following changes relating to the regulation of CMVs:
Adopts updated FMCSA regulations for CMVs engaged in intrastate commerce as such regulations
existed on December 31, 2023;
Updates language to appropriately reference provisions of federal regulations that apply to a CMV not
transporting hazardous materials but which is operating intrastate within a 150 air-mile radius of the
location where the CMV is based; and
Deletes an expired, and therefore obsolete, exemption for CMV operators related to the requirements
of electronic logging devices and hours of service supporting documents.
The bill will have an indeterminate fiscal impact on state government.
The bill has an effective date of July 1, 2024. STORAGE NAME: h0405.TMS PAGE: 2
DATE: 1/8/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Federal Commercial Vehicle Regulations
Current Situation
Florida law provides that all owners and drivers of commercial motor vehicles
1
(CMVs) operating on
Florida’s public highways, while engaged in interstate commerce, are subject to the following Federal
Motor Carrier Safety Administration (FMCSA)
2
regulations:
3
49 C.F.R. Part Title/Subject
382 Controlled Substance and Alcohol Use Testing
383 Commercial Driver’s License Standards; Requirements and Penalties
385 Safety Fitness Procedures
386 Rules of Practice for FMCSA Proceedings
390 Federal Motor Carrier Safety Regulations; General
391 Qualifications of Drivers and Longer Combination Vehicle Driver Instructors
392 Driving of Commercial Motor Vehicles
393 Parts and Accessories Necessary for Safe Operation
395 Hours of Service of Drivers
396 Inspection, Repair, and Maintenance
397 Transportation of Hazardous Materials; Driving and Parking Rules
Florida law provides that all owners and drivers of CMVs engaged in intrastate commerce are subject
to the above FMCSA regulations as they existed on December 31, 2020.
4
When the FMCSA adopts rule changes, states have three years to adopt them in order to continue
receiving federal highway grant funding. Since the last adoption, FMCSA has adopted or amended six
rules which impact the Department of Highway Safety and Motor Vehicles (DHSMV).
5
During an
Annual Program Review of DHSMV’s compliance with FMCSA’s regulations, the FMCSA noted
instances where DHSMV lacks statutory authority for certain required regulations.
6
Effect of the Bill
The bill provides that all owners and drivers of CMVs are subject to the federal rules and regulations
contained in 49 C.F.R. parts 382, 383, 384, 385, 386, and 390-397 as they exist on December 31,
2023. The addition of Part 384 reflects required state compliance with changes to the Commercial
Driver’s License Program by November 18, 2024.
1
S. 316.003(14), F.S., defines “Commercial Motor Vehicle” as any self-propelled or towed vehicle used on the public
highways in commerce to transport passengers or cargo, if such vehicle: has a gross vehicle weight rating of 10,000
pounds or more; is designed to transport more than 15 passengers, including the driver; or is used in the transportation of
materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act, as amended (49 U.S.C.
§§ 1801 et seq.).
2
The Federal Motor Carrier Safety Administration's primary mission is to prevent commercial motor vehicle-related
fatalities and injuries. The Administration ensures safety in motor carrier operations through strong enforcement of safety
regulations; targeting high-risk carriers and commercial motor vehicle drivers; improving safety information systems and
commercial motor vehicle technologies; strengthening commercial motor vehicle equipment and operating standards; and
increasing safety awareness. See FMCSA, About Us, https://www.fmcsa.dot.gov/mission/about-us (last visited Jan. 8,
2024).
3
S. 316.302(1)(a), F.S.
4
S. 316.302(1)(b), F.S.
5
Florida Department of Highway Safety and Motor Vehicles, Agency Analysis of 2024 House Bill 405, pp. 3-4 (Dec. 18,
2023).
6
Id. STORAGE NAME: h0405.TMS PAGE: 3
DATE: 1/8/2024
The bill deletes an expired, and therefore obsolete, exemption for CMV operators related to the
requirements of electronic logging devices and hours of service supporting documents.
The bill updates language to appropriately reference the provisions of 49 C.F.R. § 395.1(e)(1) that
apply to a CMV not transporting hazardous materials but which is operating intrastate within a 150 air-
mile radius of the location where the CMV is based.
Drug and Alcohol Clearinghouse
Current Situation
Drug and Alcohol Clearing House and FMSCA Requirements
The Drug and Alcohol Clearinghouse (Clearinghouse) is a secure online database that gives
employers, the FMCSA, State Driver Licensing Agencies (SDLAs), and state law enforcement
personnel real-time information about violations of the U.S. Department of Transportation (DOT) drug
and alcohol testing program by commercial driver’s license (CDL) and commercial learner’s permit
(CLP) holders.
7
The Clearinghouse contains records of violations of drug and alcohol prohibitions, including positive
drug or alcohol test results and test refusals
8
, as reported by employers.
9
A driver found in violation of
the program must complete a follow-up testing plan administered by a substance abuse professional
and receive a negative return-to-duty test result before they are able to resume operating a commercial
vehicle. This information is also recorded in the Clearinghouse.
10
Employers are required to query the Clearinghouse for current and prospective employees' drug and
alcohol violations before permitting those employees to operate a CMV on public roads. They must also
annually query the Clearinghouse for each driver they currently employ.
11
On October 7, 2021, the FMCSA published a final rule establishing requirements for SDLA’s access to
and use of driver-specific drug and alcohol program violation information contained in the
Clearinghouse.
12
The rule requires that:
SDLAs must not issue, renew, upgrade, or transfer a CDL or CLP, as applicable, for any
individual prohibited under FMCSA's regulations from performing safety-sensitive functions,
including driving a CMV, due to one or more drug and alcohol program violations.
SDLAs must, upon receipt of notification that a driver is prohibited from operating a CMV due to
a drug and alcohol program violation, initiate established state procedures for downgrading to
remove the CLP or CDL privilege from the driver's license within 60 days.
Drivers completing the return-to-duty process before the downgrade process is completed
would no longer be prohibited from operating a CMV and thus would no longer be subject to a
downgrade.
13
7
FMCSA, Drug and Alcohol Clearinghouse, https://clearinghouse.fmcsa.dot.gov/FAQ/Topics/General (last visited Jan. 8,
2024).
8
49 C.F.R. § 382.601(b)(12).
9
49 C.F.R. § 382.705 states that within two business days of determining or verifying a drug or alcohol test result, Medical
Resource Officers for Employers (MROs) must report the information about a driver to the Clearinghouse. Employers
have three days to report test results, violations, or refusals to the Clearinghouse.
10
49 C.F.R. § 382.701(d).
11
FMCSA, Commercial Driver's License Drug and Alcohol Clearinghouse,
https://www.fmcsa.dot.gov/regulations/commercial-drivers-license-drug-and-alcohol-clearinghouse (last visited Jan. 8,
2024).
12
Controlled Substances and Alcohol Testing: State Driver's Licensing Agency Non-Issuance/Downgrade of Commercial
Driver's License, 86 Fed. Reg. 55718 (Oct. 7, 2021) (amending 49 C.F.R. Parts 382, 383, 384, 390, and 392).
13
FMCSA, How will State Driver Licensing Agencies (SDLAs) use the Clearinghouse?,
https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/how-will-state-driver-licensing-agencies-sdlas-use-
clearinghouse-0 (last visited Jan. 8, 2024). STORAGE NAME: h0405.TMS PAGE: 4
DATE: 1/8/2024
The term “downgrade” is not currently defined in Florida law. The term is defined under federal law as
when a state removes the CLP or CDL privilege from the driver’s license.
14
States have until November 18, 2024, to comply with these requirements.
15
Fees for Review Hearings and Reinstatement of Licenses
An applicant requesting a review authorized in ss. 322.222, 322.2615, 322.2616, 322.27, or 322.64,
F.S., must pay a filing fee of $25 to be deposited into the HSOTF.
16
A person who applies for reinstatement following the suspension or revocation of the person’s driver
license or who applies for reinstatement of a CDL following disqualification of the person’s privilege to
operate a CMV must pay a service fee, in addition to the fee for a license, as follows:
Definition Service Fee
(In addition to the license fee)
Reinstatement after revocation “Revocation”: The termination of a
licensee’s privilege to drive.
17
$75
18
Reinstatement after suspension “Suspension”: The temporary
withdrawal of a licensee’s privilege
to drive a motor vehicle.
19
$45
20
Reinstatement of CDL after
disqualification
“Disqualification”: A prohibition,
other than an out-of-service order,
that precludes a person from
driving a CMV.
21
$75
22
If processed by DHSMV, the $75 service fee for a CDL disqualification must be deposited in the
following manner to the State Government:
$35 to the General Revenue Fund; and
$40 to the Highway Safety Operating Trust Fund (HSOTF).
If the service fee is processed by a tax collector, then the tax collector shall retain $20. The remaining
amount will be deposited to the state with $20 transmitted to the HSOTF and $35 to the General
Revenue Fund.
23
Effect of the Bill
The bill makes the statutory changes necessary for DHSMV to enforce and administer the
Clearinghouse provisions of the federal rule.
Related to driver licenses, the bill defines “downgrade” as when a state removes the CLP or CDL
privilege from the driver's license, matching the federal definition of “CDL downgrade.”
24
The bill
clarifies that the “cancellation,” “revocation,” and “suspension,” of a driver’s license does not include a
downgrade.
14
49 C.F.R. § 383.5(4).
15
Controlled Substances and Alcohol Testing: State Driver's Licensing Agency Non-Issuance/Downgrade of Commercial
Driver's License, 86 Fed. Reg. 55718 (Oct. 7, 2021) (amending 49 CFR §§ 382, 383, 384, 390, and 392).
16
S. 322.21(9)(a), F.S.
17
S. 322.01(37), F.S.
18
S. 322.21(8), F.S.
19
S. 322.01(41), F.S.
20
Id.
21
S. 322.01(15), F.S.
22
Id.
23
S. 322.21(8)(b), F.S.
24
49 C.F.R. § 383.5(4). STORAGE NAME: h0405.TMS PAGE: 5
DATE: 1/8/2024
The bill states that a commercial vehicle operator cannot be licensed by DHSMV to operate a
commercial vehicle if deemed ineligible by the Clearinghouse.
The bill states that DHSMV cannot issue a temporary CIP if DHSMV has been notified by the
Clearinghouse that the applicant is prohibited from operating a CMV.
The bill provides that when a person applies for the reinstatement of a CDL following a downgrade of
the person’s privilege to operate a CMV, they must pay the service fee of $75 in addition to the fee for
license. This matches the current process for when a person applies for the reinstatement of a CDL
following a disqualification to operate a CMV.
25
If an applicant is requesting review of their downgrade
status, they must pay the $25 filing fee currently required by s. 322.21(9)(a), F.S.
The bill creates a new statute describing the use and operation of the Commercial Driver's License
Drug and Alcohol Clearinghouse and related requirements This statute puts the state in compliance
with the federal rule and creates a state-established procedure for downgrading a CDL or CIP.
Beginning November 18, 2024:
When a person applies for or seeks to renew, transfer, or make any other change to a CDL or
temporary CIP, DHSMV must obtain the person’s driving record from the Clearinghouse.
DHSMV may not issue, renew, transfer, or revise the types of authorized vehicles that may be
operated or the endorsements applicable to a CDL or temporary CIP for any person for whom
DHSMV receives notification from the Clearinghouse that the person is prohibited from
operating a commercial vehicle.
DHSMV shall downgrade the CDL or temporary CIP of a person if DHSMV receives notification
from the Clearinghouse that the person is prohibited from operating a CMV. Any such
downgrade must be completed and recorded by DHSMV within 60 days.
Upon notification from the Clearinghouse that a person is prohibited from operating a motor
vehicle, DHSMV must immediately notify the person who is the subject of such notification that
he or she is prohibited from operating a CMV and, upon his or her request, must afford him or
her an opportunity for an informal hearing.
A person for whom DHSMV receives notification from the Clearinghouse that a person is
prohibited from operating a CMV may, if otherwise qualified, be issued a Class E driver license
valid for the length of his or her unexpired license period, at no cost.
When a person receives notice of the downgrade, he or she has 20 days to request an informal hearing
and pay the $25 filing fee. If the person does not request the hearing and pay the fee in time, and
DHSMV has not received notification from the Clearinghouse that the person is no longer prohibited
from operating a CMV, DHSMV must downgrade the CDL or temporary CIP.
If a person does request an informal hearing, it must be scheduled and held within 30 days of the
request. The informal hearing is exempt from the provisions of the Administrative Procedures Act, must
be conducted before a hearing officer designated by DHSMV, and may be conducted by means of
communications technology. The notification received by DHSMV from the Clearinghouse must be in
the record for consideration by the hearing officer and in any further proceedings and is not subject to
challenge.
Following a final order that results in the downgrade of a person's CDL or temporary CIP, DHSMV must
record immediately in the person’s driving record that the driver is disqualified from operating a CMV. If
after the final order DHSMV receives notification from the Clearinghouse that the person is no longer
prohibited from operating a CMV, DHSMV must reinstate the CDL or temporary CIP.
The downgrade of a CDL or temporary CIP does not preclude a person from other suspensions,
disqualifications, or penalties relating to unlawful operation of a CMV or driving under the influence.
B. SECTION DIRECTORY:
25
S. 322.21(8), F.S. STORAGE NAME: h0405.TMS PAGE: 6
DATE: 1/8/2024
Section 1 Amends s. 316.302, F.S., relating to commercial motor vehicles; safety regulations;
transporters and shippers of hazardous materials; enforcement.
Section 2 Amends s. 322.01, F.S., relating to definitions.
Section 3 Amends s. 322.02, F.S., relating to legislative intent; administration.
Section 4 Amends s. 322.05, F.S., relating to persons not to be licensed.
Section 5 Amends s. 322.07, F.S., relating to instruction permits and temporary licenses.
Section 6 Amends s. 322.21, F.S., relating to license fees; procedure for handling and collecting
fees.
Section 7 Creates s. 322.591, F.S., relating to commercial driver license and temporary
commercial instruction permit; Commercial Driver's License Drug and Alcohol
Clearinghouse; prohibition on issuance of commercial driver licenses; downgrades.
Section 8 Amends s. 322.34, F.S., relating to driving while license suspended, revoked, canceled,
or disqualified.
Section 9 Amends s. 322.61, F.S., relating to disqualification from operating a commercial motor
vehicle.
Section 10 Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
Indeterminate. See “Fiscal Comments” section below.
2. Expenditures:
Indeterminate. See “Fiscal Comments” section below.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
Indeterminate. See “Fiscal Comments” section below.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
If the bill does not pass, the state may lose portions of its federal aid highway funds or the ability to
issue CDLs as a penalty for noncompliance.
26
26
DHSMV, supra note 5 at p. 8. STORAGE NAME: h0405.TMS PAGE: 7
DATE: 1/8/2024
The bill may have an indeterminate negative fiscal impact on the DHSMV for programming, training, or
administrative updates. DHSMV will need to:
Provide outreach to stakeholders and update procedures, which may include updates to the
CDL License Handbook.
Provide programming to connect to the Clearinghouse and downgrade a CDL and temporary
CIP based upon a notification from the Clearinghouse.
Provide additional Bureau of Administrative Reviews (BAR) staff and hearing officers if informal
hearings increase due to downgrades of CDLs or temporary CIPS.
27
DHSMV estimates that the bill will have a technology impact of $226,470 in full-time equivalent position
and contracted services resources. However, DHSMV has received grant funding to assist with these
significant expenditures.
28
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Rulemaking may be necessary in order to conform to changes made by the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
DHSMV recommends that clarifying language be added to describe the reinstatement process after a
Clearinghouse error correction. Additionally, DHSMV recommends that language be added to properly
include a cross-reference in s. 322.31, F.S., which confirms that appeals of final orders and rulings of
DHSMV pertaining to a downgrade of a CDL or temporary CIP would be reviewable by the circuit court
in the county wherein such person resides.
29
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
N/A.
27
Id. at pp. 6 and 8.
28
Id. at pp. 7-8.
29
Id. at pp. 9-10.