Florida Senate - 2026                                      SB 86
       
       
        
       By Senator Gaetz
       
       
       
       
       
       1-00175-26                                              202686__
    1                        A bill to be entitled                      
    2         An act relating to commercial motor vehicles operated
    3         by unauthorized aliens; creating s. 316.3021, F.S.;
    4         requiring law enforcement officers to take certain
    5         persons operating commercial motor vehicles into
    6         custody and facilitate the transfer of such persons
    7         into the custody of a federal immigration agency;
    8         requiring the impoundment of a commercial motor
    9         vehicle under certain circumstances; requiring the
   10         owner of an impounded commercial motor vehicle to pay
   11         a fine and certain costs and fees; prohibiting certain
   12         motor carriers from operating in this state; providing
   13         an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 316.3021, Florida Statutes, is created
   18  to read:
   19         316.3021 Unauthorized alien operation of commercial motor
   20  vehicles; penalties.—
   21         (1) A law enforcement officer who determines that a person
   22  operating a commercial motor vehicle in this state is an
   23  unauthorized alien as defined in s. 908.111 shall take the
   24  unauthorized alien into custody and facilitate the transfer of
   25  the unauthorized alien into the custody of a federal immigration
   26  agency as defined in s. 908.102, consistent with federal law.
   27         (2) A commercial motor vehicle operated by an unauthorized
   28  alien who is taken into custody pursuant to this section must be
   29  impounded. A $50,000 fine payable to the department and all
   30  costs and fees for the impoundment, including the cost of
   31  notification, must be paid by the owner of the commercial motor
   32  vehicle before the commercial motor vehicle may be released to
   33  such owner.
   34         (3) A motor carrier that owns, leases, or otherwise
   35  operates a commercial motor vehicle operated by a person who is
   36  taken into custody pursuant to this section may not operate in
   37  this state.
   38         Section 2. This act shall take effect July 1, 2026.