Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 2492

523942

CHAMBER ACTION

Senate

Comm: WD

4/8/2008

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House



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The Committee on Transportation (Constantine) recommended the

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following amendment:

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     Senate Amendment

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     Delete line(s) 25-99

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and insert:

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(8) This section also applies to all contract carriers

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transporting railroad employees under the terms of a contractual

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agreement with a railroad company on a road or highway of this

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state. In addition:

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     (a) Each driver for such contract carrier must hold a

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commercial driver's license.

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     (b) Such contract carriers shall perform alcohol and drug

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testing on drivers before employment, on suspicion of drug or

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alcohol use, and randomly at least once every 365 days.

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     (c) Such contract carrier operators must not perform duties

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in excess of 14 hours per shift, with a total driving time of 12

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hours, and shall have a minimum of 10 hours rest between shifts.

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     (d) Such contract carriers shall keep logs, signed by both

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the employee and the employer on a weekly basis, of hours of

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service recording time on duty, driving time, and total time

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worked per shift. The logs shall be kept by the contract carrier

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for a minimum of 3 years.

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     (e) Such contract carrier companies shall maintain a

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minimum liability insurance coverage of $1.5 million per vehicle

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and equivalent uninsured and underinsured motorist coverage.

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     (f)     The Department of Transportation is authorized to adopt

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rules relating to the implementation and administration of this

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subsection.

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     (g) The Department of Transportation shall inform contract

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carriers and railroad companies in this state of the applicable

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requirements and statutes.

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     (9)(8) For the purpose of enforcing this section, any law

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enforcement officer of the Department of Transportation or duly

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appointed agent who holds a current safety inspector

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certification from the Commercial Vehicle Safety Alliance may

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require the driver of any commercial vehicle operated on the

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highways of this state to stop and submit to an inspection of the

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vehicle or the driver's records. If the vehicle or driver is

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found to be operating in an unsafe condition, or if any required

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part or equipment is not present or is not in proper repair or

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adjustment, and the continued operation would present an unduly

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hazardous operating condition, the officer may require the

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vehicle or the driver to be removed from service pursuant to the

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North American Uniform Out-of-Service Criteria, until corrected.

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However, if continuous operation would not present an unduly

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hazardous operating condition, the officer may give written

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notice requiring correction of the condition within 14 days.

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     (a)  Any member of the Florida Highway Patrol or any law

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enforcement officer employed by a sheriff's office or municipal

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police department authorized to enforce the traffic laws of this

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state pursuant to s. 316.640 who has reason to believe that a

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vehicle or driver is operating in an unsafe condition may, as

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provided in subsection (11) (10), enforce the provisions of this

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section.

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     (b)  Any person who fails to comply with an officer's

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request to submit to an inspection under this subsection commits

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a violation of s. 843.02 if the person resists the officer

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without violence or a violation of s. 843.01 if the person

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resists the officer with violence.

4/8/2008  7:51:00 AM     TR.TR.06863

CODING: Words stricken are deletions; words underlined are additions.