Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 754
Ì382268DÎ382268
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/10/2024 .
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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:
19 322.591 Commercial 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.