HOUSE AMENDMENT
Bill No. HB 261
Amendment No. 001 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Transportation offered the following:
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13 Amendment (with directory language and title
14 amendments)
15 On page 6, between lines 26 and 27,
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17 insert: (8) For the purpose of enforcing this section, any
18 agent law enforcement officer of the Department of
19 Transportation described in s. 316.545(9), any member of the
20 Florida Highway Patrol, or any person employed by a sheriff's
21 office or municipal police department who is authorized to
22 enforce the traffic laws of this state pursuant to s. 316.640
23 may enforce the provisions of this section. Any officer of
24 the Department of Transportation described in s. 316.545(9),
25 any member of the Florida Highway Patrol, or any law
26 enforcement officer employed by a sheriff's office or
27 municipal police department authorized to enforce the traffic
28 laws of this state pursuant to s. 316.640, who has reason to
29 believe that a vehicle or driver is operating in an unsafe
30 condition, may require the driver to stop and submit to an
31 inspection of the vehicle or the driver's records. Any person
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File original & 9 copies 12/19/01
htr0002 10:57 am 00261-tr -474769
HOUSE AMENDMENT
Bill No. HB 261
Amendment No. 001 (for drafter's use only)
1 who fails to comply with an officer's request to submit to an
2 inspection under this subsection is guilty of a violation of
3 s. 843.02, if the driver resists the officer without violence
4 or a violation of s. 843.01 if the driver resists the officer
5 with violence or its agent, or any other law enforcement
6 officer specified in s. 316.640 who holds a current safety
7 inspector certification from the Commercial Vehicle Safety
8 Alliance, may require the driver of any commercial vehicle
9 operated on the highways of this state to stop and submit to
10 an inspection of the vehicle or the driver's records. If the
11 vehicle or driver is found to be operating in an unsafe
12 condition, or if any required part or equipment is not present
13 or is not in proper repair or adjustment, and the continued
14 operation would probably present an unduly hazardous operating
15 condition, the officer may require the vehicle and/or driver
16 be removed from service pursuant to the North American Uniform
17 Out-of-Service Criteria, until corrected. However, if
18 continuous operation would not present an unduly hazardous
19 operating condition, the officer may give written notice to
20 requiring proper repair and adjustment of the vehicle
21 correction of the condition within 14 days.
22 (a) Any member of the Florida Highway Patrol, or any
23 law enforcement officer employed by a sheriff's office or
24 municipal police department authorized to enforce the traffic
25 laws of this state pursuant to s. 316.640, who has reason to
26 believe that a vehicle or driver is operating in an unsafe
27 condition, may as provided in subsection (10), enforce the
28 provisions of this section.
29 (b) Any person who fails to comply with an officer's
30 request to submit to an inspection under this subsection is
31 guilty of a violation of s. 843.02 if the driver resists the
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File original & 9 copies 12/19/01
htr0002 10:57 am 00261-tr -474769
HOUSE AMENDMENT
Bill No. HB 261
Amendment No. 001 (for drafter's use only)
1 officer without violence or a violation of s. 843.01 if the
2 driver resists the officer with violence.
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5 == D I R E C T O R Y L A N G U A G E A M E N D M E N T ==
6 And the directory language is amended as follows:
7 On page 6, lines 14-15,
8 remove: all of said lines,
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10 and insert in lieu thereof: Section 3. Paragraph (b) of
11 subsection (1), and subsection (8), of section 316.302,
12 Florida Statutes, are amended to read:
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15 ================ T I T L E A M E N D M E N T ===============
16 And the title is amended as follows:
17 On page 1, line 18, after the semicolon,
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19 insert:
20 authorizing the department's Motor Carrier
21 Compliance officers, and other specified law
22 enforcement officers holding a safety inspector
23 certification from the Commercial Vehicle
24 Safety Alliance, to stop commercial motor
25 vehicles for the purpose of vehicle and driver
26 records inspection; requiring that unsafe
27 vehicles or drivers be removed from service,
28 under certain conditions;
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File original & 9 copies 12/19/01
htr0002 10:57 am 00261-tr -474769