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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
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.; revising 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 whi ch 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 apply ing 19
for or seeking to renew, transfer, or make any other 20
change to a commercial driver license or temporary 21
commercial instruction permit; amending s. 322.31, 22
F.S.; requiring that the final orders and rulings of 23
the department wherein a commercial driver l icense or 24
temporary commercial instruction permit is downgraded 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
be reviewable; creating s. 322.591, F.S.; requiring 26
the department to obtain a person's driving record 27
from the Commercial Driver's License Drug and Alcohol 28
Clearinghouse; prohibiting the depa rtment from 29
performing certain actions for a person who is 30
prohibited from operating a commercial motor vehicle 31
under certain federal regulations; requiring the 32
department to downgrade a commercial driver license or 33
temporary commercial instruction permit of a person 34
who is prohibited from operating a commercial motor 35
vehicle under such regulations and to record such 36
downgrade in the Commercial Driver's License 37
Information System; requiring the department to 38
provide to such person certain notification and, upon 39
request, an opportunity for an informal hearing; 40
providing hearing requirements; requiring the 41
department to enter a final order directing the 42
downgrade of the person's commercial driver license or 43
temporary commercial instruction permit under certain 44
circumstances; providing an exception; exempting an 45
informal hearing from certain provisions; authorizing 46
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
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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
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 ord er 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
driver license or temporary commercial instruction 59
permit under certain circumstan ces; 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 dri ver 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 St ate of Florida: 71
72
Section 1. Subsection (1), paragraph (d) of subsection 73
(2), and subsection (9) of section 316.302, Florida Statutes, 74
are amended to read: 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
316.302 Commercial motor vehicles; safety regulations; 76
transporters and shippers of hazardous m aterials; 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, 383, 384, 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, 383, 384, 385, 386, and 390-86
397, as such rules and regulations existed on December 31, 2023 87
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 activat ion 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 ov erhang 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 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
solely 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 108
solely in intrastate commerce not transporting any hazardous 109
material in amounts that require placarding pursuant to 49 110
C.F.R. part 172 within a 150 air-mile radius of the location 111
where the vehicle is based need not comply with 49 C.F.R. ss. 112
395.8 and 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
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 requi re 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
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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 Nort h 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 with violence. 144
Section 2. Subsections (16) through (48) of section 145
322.01, Florida Statutes, are renumbered as subsections (17) 146
through (49), respectively, subsection (5) and present 147
subsections (37) and (41) are amended, and a new subsection (16) 148
is added to that section, to read: 149
322.01 Definitions. —As used in this chapter: 150
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(5) "Cancellation" means the act of declaring a driv er 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 155
licensee's privilege to drive. The term does not include a 156
downgrade. 157
(42)(41) "Suspension" means the temporary withdrawal of a 158
licensee's privilege to drive a motor vehicle. The term does not 159
include a downgrade. 160
Section 3. Subsection (2) of section 322.02, Florida 161
Statutes, is amended to read: 162
322.02 Legislative intent; administration. — 163
(2) The Department of Highway Safety and Motor Vehicles is 164
charged with the administration and function of enforcement of 165
the provisions of this chapter and the administration and 166
enforcement of 49 C.F.R. parts 382-386 and 390-397. 167
Section 4. Subsections (7) through (12) of section 322.05, 168
Florida Statutes, are renumbered as subsections (8) through 169
(13), respectively, and a new subsection (7) is added to that 170
section to read: 171
322.05 Persons not to be licensed.—The department may not 172
issue a license: 173
(7) To any person, as a commercial motor vehicle operator, 174
who is ineligible to operate a commercial motor vehicle pursuant 175
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to 49 C.F.R. part 383. 176
Section 5. Subsection (3) of section 322.07, Florida 177
Statutes, is amended to read: 178
322.07 Instruction permits and temporary licenses. — 179
(3) Any person who, except for his or her lack of 180
instruction in operating a commercial motor vehicle, would 181
otherwise be qualified to obtain a commercial driver license 182
under this chapter, may apply for a temporary commercial 183
instruction permit. The department shall issue such a permit 184
entitling the applicant, while having the permit in his or her 185
immediate possession, to drive a commercial motor vehicle on the 186
highways, if: 187
(a) The applicant possesses a valid Florida driver 188
license; and 189
(b) The applicant, while operating a commercial motor 190
vehicle, is accompanied by a licensed driver who is 21 years of 191
age or older, who is licensed to operate the class of veh icle 192
being operated, and who is occupying the closest seat to the 193
right of the driver; and 194
(c) The department has not been notified that, under 49 195
C.F.R. s. 382.501(a), the applicant is prohibited from operating 196
a commercial motor vehicle . 197
Section 6. Subsection (8) and paragraph (a) of subsection 198
(9) of section 322.21, Florida Statutes, are amended to read: 199
322.21 License fees; procedure for handling and collecting 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
fees.— 201
(8) A person who applies for reinstatement following the 202
suspension or revocation of the person's driver license must pay 203
a service fee of $45 following a suspension, and $75 following a 204
revocation, which is in addition to the fee for a license. A 205
person who applies for reinstatement of a commercial driver 206
license following the di squalification or downgrade of the 207
person's privilege to operate a commercial motor vehicle must 208
shall pay a service fee of $75, which is in addition to the fee 209
for a license. The department shall collect all of these fees at 210
the time of reinstatement. The department shall issue proper 211
receipts for such fees and shall promptly transmit all funds 212
received by it as follows: 213
(a) Of the $45 fee received from a licensee for 214
reinstatement following a suspension: 215
1. If the reinstatement is processed by the dep artment, 216
the department shall deposit $15 in the General Revenue Fund and 217
$30 in the Highway Safety Operating Trust Fund. 218
2. If the reinstatement is processed by the tax collector, 219
$15, less the general revenue service charge set forth in s. 220
215.20(1), shall be retained by the tax collector, $15 shall be 221
deposited into the Highway Safety Operating Trust Fund, and $15 222
shall be deposited into the General Revenue Fund. 223
(b) Of the $75 fee received from a licensee for 224
reinstatement following a revocation , or disqualification, or 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
downgrade: 226
1. If the reinstatement is processed by the department, 227
the department shall deposit $35 in the General Revenue Fund and 228
$40 in the Highway Safety Operating Trust Fund. 229
2. If the reinstatement is processed by the tax co llector, 230
$20, less the general revenue service charge set forth in s. 231
215.20(1), shall be retained by the tax collector, $20 shall be 232
deposited into the Highway Safety Operating Trust Fund, and $35 233
shall be deposited into the General Revenue Fund. 234
235
If the revocation or suspension of the driver license was for a 236
violation of s. 316.193, or for refusal to submit to a lawful 237
breath, blood, or urine test, an additional fee of $130 must be 238
charged. However, only one $130 fee may be collected from one 239
person convicted of violations arising out of the same incident. 240
The department shall collect the $130 fee and deposit the fee 241
into the Highway Safety Operating Trust Fund at the time of 242
reinstatement of the person's driver license, but the fee may 243
not be collected if the suspension or revocation is overturned. 244
If the revocation or suspension of the driver license was for a 245
conviction for a violation of s. 817.234(8) or (9) or s. 246
817.505, an additional fee of $180 is imposed for each offense. 247
The department shall coll ect and deposit the additional fee into 248
the Highway Safety Operating Trust Fund at the time of 249
reinstatement of the person's driver license. 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
(9) An applicant: 251
(a) Requesting a review authorized in s. 322.222, s. 252
322.2615, s. 322.2616, s. 322.27, s. 322.591, or s. 322.64 must 253
pay a filing fee of $25 to be deposited into the Highway Safety 254
Operating Trust Fund. 255
Section 7. Section 322.31, Florida Statutes, is amended to 256
read: 257
322.31 Right of review. —The final orders and rulings of 258
the department wherein any person's license is denied, canceled, 259
suspended, or revoked or wherein any person's commercial driver 260
license or temporary commercial instruction permit is downgraded 261
person is denied a license, or where such license has been 262
canceled, suspended, or revoked, shall be reviewable in the 263
manner and within the time provided by the Florida Rules of 264
Appellate Procedure only by a writ of certiorari issued by the 265
circuit court in the county wherein such person shall reside, in 266
the manner prescribed by the Florida Rules of Appellate 267
Procedure, any provision in chapter 120 to the contrary 268
notwithstanding. 269
Section 8. Section 322.591, Florida Statutes, is created 270
to read: 271
322.591 Commercial driver license and temporary commercial 272
instruction permit; Commercial Driver's License Drug and Alcohol 273
Clearinghouse; prohibition on issuance of commercial driver 274
licenses; downgrades. —Beginning November 18, 2024: 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
(1) When a person applies for or seeks to renew, transfer, 276
or make any other change t o a commercial driver license or 277
temporary commercial instruction permit, the department must 278
obtain the person's driving record from the Commercial Driver's 279
License Drug and Alcohol Clearinghouse established pursuant to 280
49 C.F.R. part 382. The department may not issue, renew, or 281
transfer, or revise the types of authorized vehicles that may be 282
operated or the endorsements applicable to, a commercial driver 283
license or temporary commercial instruction permit for any 284
person for whom the department receives not ification that, 285
pursuant to 49 C.F.R. s. 382.501(a), the person is prohibited 286
from operating a commercial motor vehicle. 287
(2) The department shall downgrade the commercial driver 288
license or temporary commercial instruction permit of a person 289
for whom the department receives notification that, pursuant to 290
49 C.F.R. s. 382.501(a), the person is prohibited from operating 291
a commercial motor vehicle. Any such downgrade must be completed 292
and recorded by the department in the Commercial Driver's 293
License Information System within 60 days after the department's 294
receipt of such notification. 295
(3)(a) Upon receipt of notification that, pursuant to 49 296
C.F.R. s. 382.501(a), a person is prohibited from operating a 297
commercial motor vehicle, the department shall immediatel y 298
notify the person who is the subject of such notification that 299
he or she is prohibited from operating a commercial motor 300
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vehicle and, upon his or her request, must afford him or her an 301
opportunity for an informal hearing pursuant to this section. 302
The department's notice must be provided to the person in the 303
same manner as, and providing notice has the same effect as, 304
notices provided pursuant to s. 322.251(1) and (2). 305
(b) An informal hearing under paragraph (a) must be 306
requested no later than 20 days af ter the person receives the 307
notice of the downgrade. If a request for a hearing is not 308
received within 20 days after receipt of such notice, the 309
department must enter a final order directing the downgrade of 310
the person's commercial driver license or tempor ary commercial 311
instruction permit unless the department receives notification 312
that, pursuant to 49 C.F.R. s. 382.503(a), the person is no 313
longer prohibited from operating a commercial motor vehicle. 314
(c) A hearing requested under paragraph (b) must be 315
scheduled and held no later than 30 days after receipt by the 316
department of a request for the hearing. The submission of a 317
request for hearing under paragraph (b) tolls the deadline to 318
file a petition for writ of certiorari pursuant to s. 322.31 319
until after the department enters a final order after a hearing 320
under paragraph (b). 321
(d) The informal hearing authorized by this subsection is 322
exempt from chapter 120. Such hearing must be conducted before a 323
hearing officer designated by the department. The hearing 324
officer may conduct such hearing by means of communications 325
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technology. 326
(e) The notification received by the department pursuant 327
to 49 C.F.R. s. 382.501(a) must be in the record for 328
consideration by the hearing officer and in any proceeding under 329
s. 322.31 and is considered self -authenticating. The basis for 330
the notification received by the department pursuant to 49 331
C.F.R. s. 382.501(a) and the information in the Commercial 332
Driver's License Drug and Alcohol Clearinghouse which resulted 333
in such notification are not subject to challenge in the hearing 334
or in any proceeding brought under s. 322.31. 335
(f) If, before the entry of a final order arising from a 336
notification received by the department pursuant to 49 C.F.R. s. 337
382.501(a), the department receives notif ication that, pursuant 338
to 49 C.F.R. s. 382.503(a), the person is no longer prohibited 339
from operating a commercial motor vehicle, the department must 340
dismiss the action to downgrade the person's commercial driver 341
license or temporary commercial instruction permit. 342
(g) Upon the entry of a final order that results in the 343
downgrade of a person's commercial driver license or temporary 344
commercial instruction permit, the department shall record 345
immediately in the person's driving record that the person is 346
disqualified from operating a commercial motor vehicle. The 347
downgrade of a commercial driver license or temporary commercial 348
instruction permit pursuant to a final order entered pursuant to 349
this section and, upon the entry of a final order, the recording 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
in the person's record that the person subject to such final 351
order is disqualified from operating a commercial motor vehicle, 352
are not stayed during the pendency of any proceeding pursuant to 353
s. 322.31. 354
(h) If, after the department enters a final order that 355
results in the downgrade of a person's commercial driver license 356
or temporary commercial instruction permit and records in the 357
person's driving record that the person is disqualified from 358
operating a commercial motor vehicle, the department receives: 359
1. Notification that, pursuant to 49 C.F.R. s. 382.503(a), 360
the person is no longer prohibited from operating a commercial 361
motor vehicle, the department must reinstate the person's 362
commercial driver license or temporary commercial instruction 363
permit upon applicati on by such person. 364
2. Notification from the Federal Motor Carrier Safety 365
Administration pursuant to 49 C.F.R. s. 383.73(q)(3) that the 366
person was erroneously identified as being prohibited from 367
operating a commercial motor vehicle, the department must no tify 368
the person; reinstate, without payment of the reinstatement fee 369
required pursuant to s. 322.21, the person's commercial driver 370
license or commercial instruction permit as expeditiously as 371
possible; and remove any reference to the person's erroneous 372
prohibited status from the Commercial Driver's License 373
Information System and the person's record. 374
(i) The department is not liable for any commercial driver 375
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license or temporary commercial instruction permit downgrade 376
resulting from the discharge of its d uties. 377
(j) This section is the exclusive procedure for the 378
downgrade of a commercial driver license or temporary commercial 379
instruction permit following notification received by the 380
department that, pursuant to 49 C.F.R. s. 382.501(a), a person 381
is prohibited from operating a commercial motor vehicle. 382
(k) The downgrade of a person's commercial driver license 383
or temporary commercial instruction permit pursuant to this 384
section does not preclude the suspension of the driving 385
privilege for that person pursua nt to s. 322.2615 or the 386
disqualification of that person from operating a commercial 387
motor vehicle pursuant to s. 322.64. The driving privilege of a 388
person whose commercial driver license or temporary commercial 389
instruction permit has been downgraded pursu ant to this section 390
also may be suspended for a violation of s. 316.193. 391
(4) A person for whom the department receives notification 392
that, pursuant to 49 C.F.R. s. 382.501(a), the person is 393
prohibited from operating a commercial motor vehicle may, if 394
otherwise qualified, be issued a Class E driver license pursuant 395
to s. 322.251(4), valid for the length of his or her unexpired 396
license period, at no cost. 397
Section 9. Subsection (2) of section 322.34, Florida 398
Statutes, is amended to read: 399
322.34 Driving while license suspended, revoked, canceled, 400
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or disqualified.— 401
(2) Any person whose driver license or driving privilege 402
has been canceled, suspended, or revoked as provided by law, or 403
who does not have a driver license or driving privilege but is 404
under suspension or revocation equivalent status as defined in 405
s. 322.01(43) s. 322.01(42), except persons defined in s. 406
322.264, who, knowing of such cancellation, suspension, 407
revocation, or suspension or revocation equivalent status, 408
drives any motor vehicle upo n the highways of this state while 409
such license or privilege is canceled, suspended, or revoked, or 410
while under suspension or revocation equivalent status, commits: 411
(a) A misdemeanor of the second degree, punishable as 412
provided in s. 775.082 or s. 775.08 3. 413
(b)1. A misdemeanor of the first degree, punishable as 414
provided in s. 775.082 or s. 775.083, upon a second or 415
subsequent conviction, except as provided in paragraph (c). 416
2. A person convicted of a third or subsequent conviction, 417
except as provided in paragraph (c), must serve a minimum of 10 418
days in jail. 419
(c) A felony of the third degree, punishable as provided 420
in s. 775.082, s. 775.083, or s. 775.084, upon a third or 421
subsequent conviction if the current violation of this sectio n 422
or the most recent prior violation of the section is related to 423
driving while license canceled, suspended, revoked, or 424
suspension or revocation equivalent status resulting from a 425
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violation of: 426
1. Driving under the influence; 427
2. Refusal to submit to a urine, breath-alcohol, or blood 428
alcohol test; 429
3. A traffic offense causing death or serious bodily 430
injury; or 431
4. Fleeing or eluding. 432
433
The element of knowledge is satisfied if the person has been 434
previously cited as provided in subsection (1); or the p erson 435
admits to knowledge of the cancellation, suspension, or 436
revocation, or suspension or revocation equivalent status; or 437
the person received notice as provided in subsection (4). There 438
shall be a rebuttable presumption that the knowledge requirement 439
is satisfied if a judgment or order as provided in subsection 440
(4) appears in the department's records for any case except for 441
one involving a suspension by the department for failure to pay 442
a traffic fine or for a financial responsibility violation. 443
Section 10. Subsection (4) of section 322.61, Florida 444
Statutes, is amended to read: 445
322.61 Disqualification from operating a commercial motor 446
vehicle.— 447
(4) Any person who is transporting hazardous materials as 448
defined in s. 322.01(25) s. 322.01(24) shall, upon conviction of 449
an offense specified in subsection (3), be disqualified from 450
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operating a commercial motor vehicle for a period of 3 years. 451
The penalty provided in this subsection shall be in addition to 452
any other applicable penalty. 453
Section 11. This act shall take effect July 1, 2024. 454