Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 754
       
       
       
       
       
       
                                Ì382268DÎ382268                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/10/2024           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




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