Florida Senate - 2011                             CS for SB 1434
       By the Committee on Transportation; and Senator Latvala
       596-02889-11                                          20111434c1
    1                        A bill to be entitled                      
    2         An act relating to the Office of Motor Carrier
    3         Compliance; amending s. 20.23, F.S.; creating a motor
    4         carrier weight inspection area of program
    5         responsibility within the Department of
    6         Transportation, which replaces motor carrier
    7         compliance; amending s. 20.24, F.S.; creating the
    8         Office of Motor Carrier Compliance within the Division
    9         of the Florida Highway Patrol within the Department of
   10         Highway Safety and Motor Vehicles; amending ss.
   11         110.205, 311.115, 316.302, 316.3025, 316.3026,
   12         316.516, 316.545, 316.640, 320.18, 321.05, and
   13         334.044, F.S.; conforming provisions to changes made
   14         by the act; creating the Law Enforcement Consolidation
   15         Task Force; providing for membership; requiring the
   16         task force to make recommendations and submit a report
   17         to the Legislature by a certain date; providing for
   18         future expiration; providing an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Paragraph (b) of subsection (4) of section
   23  20.23, Florida Statutes, is amended to read:
   24         20.23 Department of Transportation.—There is created a
   25  Department of Transportation which shall be a decentralized
   26  agency.
   27         (4)
   28         (b) The secretary may appoint positions at the level of
   29  deputy assistant secretary or director which the secretary deems
   30  necessary to accomplish the mission and goals of the department,
   31  including, but not limited to, the areas of program
   32  responsibility provided in this paragraph, each of whom shall be
   33  appointed by and serve at the pleasure of the secretary. The
   34  secretary may combine, separate, or delete offices as needed in
   35  consultation with the Executive Office of the Governor. The
   36  department’s areas of program responsibility include, but are
   37  not limited to:
   38         1. Administration;
   39         2. Planning;
   40         3. Public transportation;
   41         4. Design;
   42         5. Highway operations;
   43         6. Right-of-way;
   44         7. Toll operations;
   45         8. Information systems;
   46         9. Motor carrier weight inspection compliance;
   47         10. Management and budget;
   48         11. Comptroller;
   49         12. Construction;
   50         13. Maintenance; and
   51         14. Materials.
   52         Section 2. Subsection (2) of section 20.24, Florida
   53  Statutes, is amended to read:
   54         20.24 Department of Highway Safety and Motor Vehicles.
   55  There is created a Department of Highway Safety and Motor
   56  Vehicles.
   57         (2) The following divisions, and bureaus within the
   58  divisions, of the Department of Highway Safety and Motor
   59  Vehicles are established:
   60         (a) Division of the Florida Highway Patrol.
   61         1. Office of Motor Carrier Compliance.
   62         (b) Division of Driver Licenses.
   63         (c) Division of Motor Vehicles.
   64         Section 3. Paragraph (m) of subsection (2) of section
   65  110.205, Florida Statutes, is amended to read:
   66         110.205 Career service; exemptions.—
   67         (2) EXEMPT POSITIONS.—The exempt positions that are not
   68  covered by this part include the following:
   69         (m) All assistant division director, deputy division
   70  director, and bureau chief positions in any department, and
   71  those positions determined by the department to have managerial
   72  responsibilities comparable to such positions, which positions
   73  include, but are not limited to:
   74         1. Positions in the Department of Health and the Department
   75  of Children and Family Services that are assigned primary duties
   76  of serving as the superintendent or assistant superintendent of
   77  an institution.
   78         2. Positions in the Department of Corrections that are
   79  assigned primary duties of serving as the warden, assistant
   80  warden, colonel, or major of an institution or that are assigned
   81  primary duties of serving as the circuit administrator or deputy
   82  circuit administrator.
   83         3. Positions in the Department of Transportation that are
   84  assigned primary duties of serving as regional toll managers and
   85  managers of offices, as defined in s. 20.23(4)(b) and (5)(c),
   86  and captains and majors of the Office of Motor Carrier
   87  Compliance.
   88         4. Positions in the Department of Environmental Protection
   89  that are assigned the duty of an Environmental Administrator or
   90  program administrator.
   91         5. Positions in the Department of Health that are assigned
   92  the duties of Environmental Administrator, Assistant County
   93  Health Department Director, and County Health Department
   94  Financial Administrator.
   96  Unless otherwise fixed by law, the department shall set the
   97  salary and benefits of the positions listed in this paragraph in
   98  accordance with the rules established for the Selected Exempt
   99  Service.
  100         Section 4. Paragraph (f) of subsection (1) of section
  101  311.115, Florida Statutes, is amended to read:
  102         311.115 Seaport Security Standards Advisory Council.—The
  103  Seaport Security Standards Advisory Council is created under the
  104  Office of Drug Control. The council shall serve as an advisory
  105  council as provided in s. 20.03(7).
  106         (1) The members of the council shall be appointed by the
  107  Governor and consist of the following:
  108         (f) One member from the Office of Motor Carrier Compliance
  109  of the Department of Highway Safety and Motor Vehicles
  110  Transportation.
  111         Section 5. Paragraph (b) of subsection (4) and subsections
  112  (5), (6), (7), and (8) of section 316.302, Florida Statutes, are
  113  amended to read:
  114         316.302 Commercial motor vehicles; safety regulations;
  115  transporters and shippers of hazardous materials; enforcement.—
  116         (4)
  117         (b) In addition to the penalties provided in s.
  118  316.3025(3)(b), (c), (d), and (e), any motor carrier or any of
  119  its officers, drivers, agents, representatives, employees, or
  120  shippers of hazardous materials that do not comply with this
  121  subsection or any rule adopted by a state agency that is
  122  consistent with the federal rules and regulations regarding
  123  hazardous materials commits a misdemeanor of the first degree,
  124  punishable as provided in s. 775.082 or s. 775.083. To ensure
  125  compliance with this subsection, enforcement officers of the
  126  Motor Carrier Compliance Office within the Department of
  127  Transportation and state highway patrol officers may inspect
  128  shipping documents and cargo of any vehicle known or suspected
  129  to be a transporter of hazardous materials.
  130         (5) The department of Transportation may adopt and revise
  131  rules to assure the safe operation of commercial motor vehicles.
  132  The department of Transportation may enter into cooperative
  133  agreements as provided in 49 C.F.R. part 388. Department of
  134  Transportation personnel may conduct motor carrier and shipper
  135  compliance reviews for the purpose of determining compliance
  136  with this section and s. 627.7415.
  137         (6) The state Department of Highway Safety and Motor
  138  Vehicles Transportation shall perform the duties that are
  139  assigned to the Field Administrator, Federal Motor Carrier
  140  Safety Administration under the federal rules, and an agent of
  141  that department, as described in s. 316.545(9), may enforce
  142  those rules.
  143         (7) A person who operates a commercial motor vehicle solely
  144  in intrastate commerce shall direct to the state Department of
  145  Highway Safety and Motor Vehicles Transportation any
  146  communication that the federal rules require persons subject to
  147  the jurisdiction of the United States Department of
  148  Transportation to direct to that department.
  149         (8) For the purpose of enforcing this section, any law
  150  enforcement officer of the department of Transportation or duly
  151  appointed agent who holds a current safety inspector
  152  certification from the Commercial Vehicle Safety Alliance may
  153  require the driver of any commercial vehicle operated on the
  154  highways of this state to stop and submit to an inspection of
  155  the vehicle or the driver’s records. If the vehicle or driver is
  156  found to be operating in an unsafe condition, or if any required
  157  part or equipment is not present or is not in proper repair or
  158  adjustment, and the continued operation would present an unduly
  159  hazardous operating condition, the officer may require the
  160  vehicle or the driver to be removed from service pursuant to the
  161  North American Standard Out-of-Service Criteria, until
  162  corrected. However, if continuous operation would not present an
  163  unduly hazardous operating condition, the officer may give
  164  written notice requiring correction of the condition within 14
  165  days.
  166         (a) Any member of the Florida Highway Patrol or any law
  167  enforcement officer employed by a sheriff’s office or municipal
  168  police department authorized to enforce the traffic laws of this
  169  state pursuant to s. 316.640 who has reason to believe that a
  170  vehicle or driver is operating in an unsafe condition may, as
  171  provided in subsection (10), enforce the provisions of this
  172  section.
  173         (b) Any person who fails to comply with an officer’s
  174  request to submit to an inspection under this subsection commits
  175  a violation of s. 843.02 if the person resists the officer
  176  without violence or a violation of s. 843.01 if the person
  177  resists the officer with violence.
  178         Section 6. Paragraph (a) of subsection (6) of section
  179  316.3025, Florida Statutes, is amended to read:
  180         316.3025 Penalties.—
  181         (6)(a) Only an officer or agent of the department of
  182  Transportation is authorized to collect the penalty provided by
  183  this section. Such officer or agent shall cooperate with the
  184  owner or driver of the motor vehicle so as not to unduly delay
  185  the vehicle.
  186         Section 7. Section 316.3026, Florida Statutes, is amended
  187  to read:
  188         316.3026 Unlawful operation of motor carriers.—
  189         (1) The Office of Motor Carrier Compliance of the
  190  Department of Transportation may issue out-of-service orders to
  191  motor carriers, as defined in s. 320.01(33), who, have after
  192  proper notice failed to pay any penalty or fine assessed by the
  193  department, or its agent, against any owner or motor carrier for
  194  violations of state law, refused to submit to a compliance
  195  review and provide records pursuant to s. 316.302(5) or s.
  196  316.70, or violated safety regulations pursuant to s. 316.302 or
  197  insurance requirements found in s. 627.7415. Such out-of-service
  198  orders shall have the effect of prohibiting the operations of
  199  any motor vehicles owned, leased, or otherwise operated by the
  200  motor carrier upon the roadways of this state, until such time
  201  as the violations have been corrected or penalties have been
  202  paid. Out-of-service orders issued under this section must be
  203  approved by the director of the Division of the Florida Highway
  204  Patrol Secretary of Transportation or his or her designee. An
  205  administrative hearing pursuant to s. 120.569 shall be afforded
  206  to motor carriers subject to such orders.
  207         (2) Any motor carrier enjoined or prohibited from operating
  208  by an out-of-service order by this state, any other state, or
  209  the Federal Motor Carrier Safety Administration may not operate
  210  on the roadways of this state until the motor carrier has been
  211  authorized to resume operations by the originating enforcement
  212  jurisdiction. Commercial motor vehicles owned or operated by any
  213  motor carrier prohibited from operation found on the roadways of
  214  this state shall be placed out of service by law enforcement
  215  officers of the department of Transportation, and the motor
  216  carrier assessed a $10,000 civil penalty pursuant to 49 C.F.R.
  217  s. 383.53, in addition to any other penalties imposed on the
  218  driver or other responsible person. Any person who knowingly
  219  drives, operates, or causes to be operated any commercial motor
  220  vehicle in violation of an out-of-service order issued by the
  221  department in accordance with this section commits a felony of
  222  the third degree, punishable as provided in s. 775.082(3)(d).
  223  Any costs associated with the impoundment or storage of such
  224  vehicles are the responsibility of the motor carrier. Vehicle
  225  out-of-service orders may be rescinded when the department
  226  receives proof of authorization for the motor carrier to resume
  227  operation.
  228         (3) In addition to the sanctions found in subsections (1)
  229  and (2), the department of Transportation may petition the
  230  circuit courts of this state to enjoin any motor carrier from
  231  operating when it fails to comply with out-of-service orders
  232  issued by a competent authority within or outside this state.
  233         Section 8. Subsection (1) of section 316.516, Florida
  234  Statutes, is amended to read:
  235         316.516 Width, height, and length; inspection; penalties.—
  236         (1) Any law enforcement officer, as prescribed in s.
  237  316.640, or any weight inspector and safety officer of the
  238  Department of Transportation, as prescribed in s. 316.545(1),
  239  who has reason to believe that the width, height, or length of a
  240  vehicle or combination of vehicles and the load thereon is not
  241  in conformance with s. 316.515 is authorized to require the
  242  driver to stop and submit such vehicle and load to measurement
  243  of its width, height, or length.
  244         Section 9. Subsection (1), paragraphs (a) and (b) of
  245  subsection (2), paragraph (b) of subsection (4), and subsections
  246  (5), (9), and (10) of section 316.545, Florida Statutes, are
  247  amended to read:
  248         316.545 Weight and load unlawful; special fuel and motor
  249  fuel tax enforcement; inspection; penalty; review.—
  250         (1) Any weight and safety officer of the Florida Highway
  251  Patrol Department of Transportation having reason to believe
  252  that the weight of a vehicle and load is unlawful is authorized
  253  to require the driver to stop and submit to a weighing of the
  254  same by means of either portable or fixed scales and may require
  255  that such vehicle be driven to the nearest weigh station or
  256  public scales, provided such a facility is within 5 highway
  257  miles. Upon a request by the vehicle driver, the officer shall
  258  weigh the vehicle at fixed scales rather than by portable scales
  259  if such a facility is available within 5 highway miles. Anyone
  260  who refuses to submit to such weighing obstructs an officer
  261  pursuant to s. 843.02 and is guilty of a misdemeanor of the
  262  first degree, punishable as provided in s. 775.082 or s.
  263  775.083. Anyone who knowingly and willfully resists, obstructs,
  264  or opposes a weight and safety officer while refusing to submit
  265  to such weighing by resisting the officer with violence to the
  266  officer’s person pursuant to s. 843.01 is guilty of a felony of
  267  the third degree, punishable as provided in s. 775.082, s.
  268  775.083, or s. 775.084.
  269         (2)(a) Whenever an officer of the Florida Highway Patrol or
  270  weight inspector of the Department of Transportation, upon
  271  weighing a vehicle or combination of vehicles with load,
  272  determines that the axle weight or gross weight is unlawful, the
  273  officer or inspector may require the driver to stop the vehicle
  274  in a suitable place and remain standing until a determination
  275  can be made as to the amount of weight thereon and, if
  276  overloaded, the amount of penalty to be assessed as provided
  277  herein. However, any gross weight over and beyond 6,000 pounds
  278  beyond the maximum herein set shall be unloaded and all material
  279  so unloaded shall be cared for by the owner or operator of the
  280  vehicle at the risk of such owner or operator. Except as
  281  otherwise provided in this chapter, to facilitate compliance
  282  with and enforcement of the weight limits established in s.
  283  316.535, weight tables published pursuant to s. 316.535(7) shall
  284  include a 10-percent scale tolerance and shall thereby reflect
  285  the maximum scaled weights allowed any vehicle or combination of
  286  vehicles. As used in this section, scale tolerance means the
  287  allowable deviation from legal weights established in s.
  288  316.535. Notwithstanding any other provision of the weight law,
  289  if a vehicle or combination of vehicles does not exceed the
  290  gross, external bridge, or internal bridge weight limits imposed
  291  in s. 316.535 and the driver of such vehicle or combination of
  292  vehicles can comply with the requirements of this chapter by
  293  shifting or equalizing the load on all wheels or axles and does
  294  so when requested by the proper authority, the driver shall not
  295  be held to be operating in violation of said weight limits.
  296         (b) The officer or inspector shall inspect the license
  297  plate or registration certificate of the commercial vehicle, as
  298  defined in s. 316.003(66), to determine if its gross weight is
  299  in compliance with the declared gross vehicle weight. If its
  300  gross weight exceeds the declared weight, the penalty shall be 5
  301  cents per pound on the difference between such weights. In those
  302  cases when the commercial vehicle, as defined in s. 316.003(66),
  303  is being operated over the highways of the state with an expired
  304  registration or with no registration from this or any other
  305  jurisdiction or is not registered under the applicable
  306  provisions of chapter 320, the penalty herein shall apply on the
  307  basis of 5 cents per pound on that scaled weight which exceeds
  308  35,000 pounds on laden truck tractor-semitrailer combinations or
  309  tandem trailer truck combinations, 10,000 pounds on laden
  310  straight trucks or straight truck-trailer combinations, or
  311  10,000 pounds on any unladen commercial motor vehicle. If the
  312  license plate or registration has not been expired for more than
  313  90 days, the penalty imposed under this paragraph may not exceed
  314  $1,000. In the case of special mobile equipment as defined in s.
  315  316.003(48), which qualifies for the license tax provided for in
  316  s. 320.08(5)(b), being operated on the highways of the state
  317  with an expired registration or otherwise not properly
  318  registered under the applicable provisions of chapter 320, a
  319  penalty of $75 shall apply in addition to any other penalty
  320  which may apply in accordance with this chapter. A vehicle found
  321  in violation of this section may be detained until the owner or
  322  operator produces evidence that the vehicle has been properly
  323  registered. Any costs incurred by the retention of the vehicle
  324  shall be the sole responsibility of the owner. A person who has
  325  been assessed a penalty pursuant to this paragraph for failure
  326  to have a valid vehicle registration certificate pursuant to the
  327  provisions of chapter 320 is not subject to the delinquent fee
  328  authorized in s. 320.07 if such person obtains a valid
  329  registration certificate within 10 working days after such
  330  penalty was assessed.
  331         (4)
  332         (b) In addition to the penalty provided for in paragraph
  333  (a), the vehicle may be detained until the owner or operator of
  334  the vehicle furnishes evidence that the vehicle has been
  335  properly registered pursuant to s. 207.004. Any officer of the
  336  Florida Highway Patrol or agent of the Department of
  337  Transportation may issue a temporary fuel use permit and collect
  338  the appropriate fee as provided for in s. 207.004(4).
  339  Notwithstanding the provisions of subsection (6), all permit
  340  fees collected pursuant to this paragraph shall be transferred
  341  to the Department of Highway Safety and Motor Vehicles to be
  342  allocated pursuant to s. 207.026.
  343         (5) Whenever any person violates the provisions of this
  344  chapter and becomes indebted to the state because of such
  345  violation in the amounts aforesaid and refuses to pay said
  346  penalty, in addition to the provisions of s. 316.3026, such
  347  penalty shall become a lien upon the motor vehicle, and the same
  348  may be foreclosed by the state in a court of equity. It shall be
  349  presumed that the owner of the motor vehicle is liable for the
  350  sum. Any person, firm, or corporation claiming an interest in
  351  the seized motor vehicle may, at any time after the lien of the
  352  state attaches to the motor vehicle, obtain possession of the
  353  seized vehicle by filing a good and sufficient forthcoming bond
  354  with the officer having possession of the vehicle, payable to
  355  the Governor of the state in twice the amount of the state’s
  356  lien, with a corporate surety duly authorized to transact
  357  business in this state as surety, conditioned to have the motor
  358  vehicle or combination of vehicles forthcoming to abide the
  359  result of any suit for the foreclosure of such lien. It shall be
  360  presumed that the owner of the motor vehicle is liable for the
  361  penalty imposed under this section. Upon the posting of such
  362  bond with the officer making the seizure, the vehicle shall be
  363  released and the bond shall be forwarded to the department of
  364  Transportation for safekeeping. The lien of the state against
  365  the motor vehicle aforesaid shall be foreclosed in equity, and
  366  the ordinary rules of court relative to proceedings in equity
  367  shall control. If it appears that the seized vehicle has been
  368  released to the defendant upon his or her forthcoming bond, the
  369  state shall take judgment of foreclosure against the property
  370  itself, and judgment against the defendant and the sureties on
  371  the bond for the amount of the lien, including cost of
  372  proceedings. After the rendition of the decree, the state may,
  373  at its option, proceed to sue out execution against the
  374  defendant and his or her sureties for the amount recovered as
  375  aforesaid or direct the sale of the vehicle under foreclosure.
  376         (9) Any agent of the Department of Transportation who is
  377  employed for the purpose of being a weight and safety officer
  378  and who meets the qualifications established by law for law
  379  enforcement officers shall have the same arrest powers as are
  380  granted any law enforcement officer for the purpose of enforcing
  381  the provisions of weight, load, safety, commercial motor vehicle
  382  registration, and fuel tax compliance laws.
  383         (9)(10) The Department of Transportation may employ weight
  384  inspectors to operate its fixed-scale facilities. Weight
  385  inspectors on duty at a fixed-scale facility are authorized to
  386  enforce the laws governing commercial motor vehicle weight,
  387  registration, size, and load and to assess and collect civil
  388  penalties for violations of said laws. A weight inspector may
  389  detain a commercial motor vehicle that has an obvious safety
  390  defect critical to the continued safe operation of the vehicle
  391  or that is operating in violation of an out-of-service order as
  392  reported on the federal Safety and Fitness Electronic Records
  393  database. The weight inspector may immediately summon a law
  394  enforcement officer of the Department of Highway Safety and
  395  Motor Vehicles Transportation, or other law enforcement officer
  396  authorized by s. 316.640 to enforce the traffic laws of this
  397  state, to take appropriate enforcement action. The vehicle shall
  398  be released if the defect is repaired prior to the arrival of a
  399  law enforcement officer. Weight inspectors shall not be
  400  classified as law enforcement officers subject to certification
  401  requirements of chapter 943, and are not authorized to carry
  402  weapons or make arrests. Any person who obstructs, opposes, or
  403  resists a weight inspector in the performance of the duties
  404  herein prescribed shall be guilty of an offense as described in
  405  subsection (1) for obstructing, opposing, or resisting a law
  406  enforcement officer.
  407         Section 10. Paragraph (a) of subsection (1) of section
  408  316.640, Florida Statutes, is amended to read:
  409         316.640 Enforcement.—The enforcement of the traffic laws of
  410  this state is vested as follows:
  411         (1) STATE.—
  412         (a)1.a. The Division of Florida Highway Patrol of the
  413  Department of Highway Safety and Motor Vehicles; the Division of
  414  Law Enforcement of the Fish and Wildlife Conservation
  415  Commission; the Division of Law Enforcement of the Department of
  416  Environmental Protection; law enforcement officers of the
  417  Department of Transportation; and the agents, inspectors, and
  418  officers of the Department of Law Enforcement each have
  419  authority to enforce all of the traffic laws of this state on
  420  all the streets and highways thereof and elsewhere throughout
  421  the state wherever the public has a right to travel by motor
  422  vehicle.
  423         b. University police officers shall have authority to
  424  enforce all of the traffic laws of this state when violations
  425  occur on or within 1,000 feet of any property or facilities that
  426  are under the guidance, supervision, regulation, or control of a
  427  state university, a direct-support organization of such state
  428  university, or any other organization controlled by the state
  429  university or a direct-support organization of the state
  430  university, or when such violations occur within a specified
  431  jurisdictional area as agreed upon in a mutual aid agreement
  432  entered into with a law enforcement agency pursuant to s.
  433  23.1225(1). Traffic laws may also be enforced off-campus when
  434  hot pursuit originates on or within 1,000 feet of any such
  435  property or facilities, or as agreed upon in accordance with the
  436  mutual aid agreement.
  437         c. Community college police officers shall have the
  438  authority to enforce all the traffic laws of this state only
  439  when such violations occur on any property or facilities that
  440  are under the guidance, supervision, regulation, or control of
  441  the community college system.
  442         d. Police officers employed by an airport authority shall
  443  have the authority to enforce all of the traffic laws of this
  444  state only when such violations occur on any property or
  445  facilities that are owned or operated by an airport authority.
  446         (I) An airport authority may employ as a parking
  447  enforcement specialist any individual who successfully completes
  448  a training program established and approved by the Criminal
  449  Justice Standards and Training Commission for parking
  450  enforcement specialists but who does not otherwise meet the
  451  uniform minimum standards established by the commission for law
  452  enforcement officers or auxiliary or part-time officers under s.
  453  943.12. Nothing in this sub-sub-subparagraph shall be construed
  454  to permit the carrying of firearms or other weapons, nor shall
  455  such parking enforcement specialist have arrest authority.
  456         (II) A parking enforcement specialist employed by an
  457  airport authority is authorized to enforce all state, county,
  458  and municipal laws and ordinances governing parking only when
  459  such violations are on property or facilities owned or operated
  460  by the airport authority employing the specialist, by
  461  appropriate state, county, or municipal traffic citation.
  462         e. The Office of Agricultural Law Enforcement of the
  463  Department of Agriculture and Consumer Services shall have the
  464  authority to enforce traffic laws of this state.
  465         f. School safety officers shall have the authority to
  466  enforce all of the traffic laws of this state when such
  467  violations occur on or about any property or facilities which
  468  are under the guidance, supervision, regulation, or control of
  469  the district school board.
  470         2. An agency of the state as described in subparagraph 1.
  471  is prohibited from establishing a traffic citation quota. A
  472  violation of this subparagraph is not subject to the penalties
  473  provided in chapter 318.
  474         3. Any disciplinary action taken or performance evaluation
  475  conducted by an agency of the state as described in subparagraph
  476  1. of a law enforcement officer’s traffic enforcement activity
  477  must be in accordance with written work-performance standards.
  478  Such standards must be approved by the agency and any collective
  479  bargaining unit representing such law enforcement officer. A
  480  violation of this subparagraph is not subject to the penalties
  481  provided in chapter 318.
  482         4. The Division of the Florida Highway Patrol may employ as
  483  a traffic accident investigation officer any individual who
  484  successfully completes instruction in traffic accident
  485  investigation and court presentation through the Selective
  486  Traffic Enforcement Program as approved by the Criminal Justice
  487  Standards and Training Commission and funded through the
  488  National Highway Traffic Safety Administration or a similar
  489  program approved by the commission, but who does not necessarily
  490  meet the uniform minimum standards established by the commission
  491  for law enforcement officers or auxiliary law enforcement
  492  officers under chapter 943. Any such traffic accident
  493  investigation officer who makes an investigation at the scene of
  494  a traffic accident may issue traffic citations, based upon
  495  personal investigation, when he or she has reasonable and
  496  probable grounds to believe that a person who was involved in
  497  the accident committed an offense under this chapter, chapter
  498  319, chapter 320, or chapter 322 in connection with the
  499  accident. This subparagraph does not permit the officer to carry
  500  firearms or other weapons, and such an officer does not have
  501  authority to make arrests.
  502         Section 11. Subsection (1) of section 320.18, Florida
  503  Statutes, is amended to read:
  504         320.18 Withholding registration.—
  505         (1) The department may withhold the registration of any
  506  motor vehicle or mobile home the owner of which has failed to
  507  register it under the provisions of law for any previous period
  508  or periods for which it appears registration should have been
  509  made in this state, until the tax for such period or periods is
  510  paid. The department may cancel any vehicle or vessel
  511  registration, driver’s license, identification card, or fuel-use
  512  tax decal if the owner pays for the vehicle or vessel
  513  registration, driver’s license, identification card, or fuel-use
  514  tax decal; pays any administrative, delinquency, or
  515  reinstatement fee; or pays any tax liability, penalty, or
  516  interest specified in chapter 207 by a dishonored check, or if
  517  the vehicle owner or motor carrier has failed to pay a penalty
  518  for a weight or safety violation issued by the Department of
  519  Transportation or the Department of Highway Safety and Motor
  520  Vehicles Motor Carrier Compliance Office. The Department of
  521  Transportation and the Department of Highway Safety and Motor
  522  Vehicles may impound any commercial motor vehicle that has a
  523  canceled license plate or fuel-use tax decal until the tax
  524  liability, penalty, and interest specified in chapter 207, the
  525  license tax, or the fuel-use decal fee, and applicable
  526  administrative fees have been paid for by certified funds.
  527         Section 12. Subsection (1) of section 321.05, Florida
  528  Statutes, is amended to read:
  529         321.05 Duties, functions, and powers of patrol officers.
  530  The members of the Florida Highway Patrol are hereby declared to
  531  be conservators of the peace and law enforcement officers of the
  532  state, with the common-law right to arrest a person who, in the
  533  presence of the arresting officer, commits a felony or commits
  534  an affray or breach of the peace constituting a misdemeanor,
  535  with full power to bear arms; and they shall apprehend, without
  536  warrant, any person in the unlawful commission of any of the
  537  acts over which the members of the Florida Highway Patrol are
  538  given jurisdiction as hereinafter set out and deliver him or her
  539  to the sheriff of the county that further proceedings may be had
  540  against him or her according to law. In the performance of any
  541  of the powers, duties, and functions authorized by law, members
  542  of the Florida Highway Patrol have the same protections and
  543  immunities afforded other peace officers, which shall be
  544  recognized by all courts having jurisdiction over offenses
  545  against the laws of this state, and have authority to apply for,
  546  serve, and execute search warrants, arrest warrants, capias, and
  547  other process of the court. The patrol officers under the
  548  direction and supervision of the Department of Highway Safety
  549  and Motor Vehicles shall perform and exercise throughout the
  550  state the following duties, functions, and powers:
  551         (1) To patrol the state highways and regulate, control, and
  552  direct the movement of traffic thereon; to maintain the public
  553  peace by preventing violence on highways; to apprehend fugitives
  554  from justice; to enforce all laws now in effect regulating and
  555  governing traffic, travel, and public safety upon the public
  556  highways and providing for the protection of the public highways
  557  and public property thereon, including the security and safety
  558  of Florida’s transportation infrastructure; to make arrests
  559  without warrant for the violation of any state law committed in
  560  their presence in accordance with the laws of this state law;
  561  providing that a no search may not shall be made unless it is
  562  incident to a lawful arrest, to regulate and direct traffic
  563  concentrations and congestions; to enforce laws governing the
  564  operation, licensing, and taxing and limiting the size, weight,
  565  width, length, and speed of vehicles and licensing and
  566  controlling the operations of drivers and operators of vehicles,
  567  including the safety, size, and weight of commercial motor
  568  vehicles; to cooperate with officials designated by law to
  569  collect all state fees and revenues levied as an incident to the
  570  use or right to use the highways for any purpose, including the
  571  taxing and registration of commercial motor vehicles; to require
  572  the drivers of vehicles to stop and exhibit their driver’s
  573  licenses, registration cards, or documents required by law to be
  574  carried by such vehicles; to investigate traffic accidents,
  575  secure testimony of witnesses and of persons involved, and make
  576  report thereof with copy, if when requested in writing, to any
  577  person in interest or his or her attorney; to investigate
  578  reported thefts of vehicles; and to seize contraband or stolen
  579  property on or being transported on the highways. Each patrol
  580  officer of the Florida Highway Patrol is subject to and has the
  581  same arrest and other authority provided for law enforcement
  582  officers generally in chapter 901 and has statewide
  583  jurisdiction. Each officer also has arrest authority as provided
  584  for state law enforcement officers in s. 901.15. This section
  585  does shall not be construed as being in conflict with, but is
  586  supplemental to, chapter 933.
  587         Section 13. Subsections (32) and (33) of section 334.044,
  588  Florida Statutes, are amended to read:
  589         334.044 Department; powers and duties.—The department shall
  590  have the following general powers and duties:
  591         (32) In order to fulfill the department’s mission to
  592  provide a safe and efficient transportation system, the
  593  department’s Office of Motor Carrier Compliance may employ sworn
  594  law enforcement officers, certified in accordance with chapter
  595  943, to enforce the traffic and criminal laws of this state.
  596  Such officers shall have full law enforcement powers granted to
  597  other peace officers of this state, including making arrests,
  598  carrying firearms, serving court process, and seizing vehicles
  599  defined as contraband under s. 319.33, illegal drugs, stolen
  600  property, and the proceeds of illegal activities. Officers
  601  appointed under this section have the primary responsibility for
  602  enforcing laws relating to size and weight of commercial motor
  603  vehicles; safety, traffic, tax, and registration of commercial
  604  motor vehicles; interdiction of vehicles defined as contraband
  605  under s. 319.33, illegal drugs, and stolen property; and
  606  violations that threaten the overall security and safety of
  607  Florida’s transportation infrastructure and the motoring public.
  608  The office is also authorized to appoint part-time or auxiliary
  609  law enforcement officers pursuant to chapter 943 and to provide
  610  compensation in accordance with law.
  611         (32)(33) To enter into agreement with Space Florida to
  612  coordinate and cooperate in the development of spaceport
  613  infrastructure and related transportation facilities contained
  614  in the Strategic Intermodal System Plan and, where appropriate,
  615  encourage the cooperation and integration of airports and
  616  spaceports in order to meet transportation-related needs.
  617         Section 14. Effective July 1, 2011, a Law Enforcement
  618  Consolidation Task Force is created.
  619         (1) Members of the task force shall consist of the
  620  executive director of the Department of Highway Safety and Motor
  621  Vehicles, the executive director of the Department of Law
  622  Enforcement, a representative from the Office of the Attorney
  623  General, a representative from the Department of Agriculture and
  624  Consumer Services, the Colonel of the Florida Highway Patrol,
  625  the Colonel of the Division of Law Enforcement in the Fish and
  626  Wildlife Conservation Commission, a representative from the
  627  Florida Sheriffs Association, and a representative from the
  628  Florida Police Chiefs Association.
  629         (2) Administrative assistance to the task force shall be
  630  provided by the Department of Highway Safety and Motor Vehicles.
  631  However, this does not include travel expenses incurred by
  632  members of the task force, which shall be borne by the agency
  633  the member represents.
  634         (3) The task force shall evaluate the duplication of law
  635  enforcement functions throughout state government and identify
  636  functions that are appropriate for possible consolidation. The
  637  task force shall also evaluate administrative functions,
  638  including, but not limited to, accreditation, training, legal
  639  representation, vehicle fleets, aircraft, civilian support
  640  staffing, information technology, geographic regions, and
  641  districts or troops currently in use. The task force shall make
  642  recommendations and submit a plan to consolidate state law
  643  enforcement responsibilities. The plan shall be submitted to the
  644  President of the Senate and the Speaker of the House of
  645  Representatives by February 1, 2012. The plan must include
  646  recommendations on the methodology to be used in creating a
  647  consolidated state law enforcement entity by June 30, 2013. The
  648  task force shall expire June 30, 2012.
  649         Section 15. This act shall take effect July 1, 2011.