No. HB 1247
Filed under Transportation.
Commercial Motor Vehicles Operated by Unauthorized Aliens; Provides requirements for commercial motor vehicle operators; requires sworn law enforcement officers with certain authority to take into custody persons determined to be unauthorized aliens operating commercial motor vehicles & facilitate transfer of such persons into custody of federal immigration agency; requires impoundment & removal of commercial motor vehicle; requires such officers to immediately provide certain notification & information to FHP; provides that motor carriers are liable for certain civil penalties; prohibits release of certain impounded commercial motor vehicles unless certain penalties are paid or bonds are posted & certain costs are paid; requires Office of Commercial Vehicle Enforcement to issue certain out-of-service orders; authorizes office to issue such orders to & impose civil penalties upon motor carriers; provides that certain motor carriers are subject to certain penalties; requires approval of such orders by director of Division of FHP or his or her designee; provides circumstances under which such orders may be removed; provides for payment of certain penalties to CFO, who shall credit funds to State Transportation Trust Fund for distribution to FHP to fund certain training & technology.
Plain English Summary
AI-GENERATEDOnce a law enforcement officer who already holds federal 287(g) authority determines that an unauthorized immigrant is driving a commercial motor vehicle, the officer must detain that person and arrange transfer into federal immigration custody.
The vehicle must be impounded, and the officer has to notify the Florida Highway Patrol right away, along with incident reports, photos, recordings, and the vehicle's registration and insurance details.
The motor carrier that employed the driver owes a $50,000 civil penalty, and cannot get the vehicle back until that penalty is paid or a bond is posted, plus towing and storage costs.
The same penalty applies if a routine audit turns up a violation from the past year, or if another state or federal regulators already penalized the carrier for letting an unauthorized immigrant drive.
AIAn officer who already holds federal 287(g) authority over unauthorized immigrants, and who determines a commercial motor vehicle is being driven by one, must take that person into custody and arrange transfer into federal immigration custody.
AIThe bill sets baseline requirements for commercial motor vehicle operators: lawful presence in the United States, a valid driver license, understanding of English, the ability to read roadway signage and rules, and the ability to communicate with law enforcement.
AIThe commercial motor vehicle a detained unauthorized immigrant was operating must be impounded and moved to a secure wrecker storage facility or a law enforcement impound lot, rather than left with the motor carrier.
AIThe motor carrier that employed the detained driver is automatically liable for a $50,000 civil penalty on top of any other penalty owed, and the impounded vehicle is not released until that penalty is paid or a bond is posted, plus towing, storage, and notice costs.
AIEven without a roadside stop, if a department investigation, safety audit, or routine business activity turns up a motor carrier that allowed or is allowing an unauthorized immigrant to drive within the past 12 months, the same order and penalty apply.
AIA motor carrier already found in violation by another state or the Federal Motor Carrier Safety Administration for allowing an unauthorized immigrant to drive, or carrying an unresolved out-of-service order for the same reason, becomes subject to Florida's own penalty.
AIAn out-of-service order under this subsection can be removed only after the department approves a corrective action plan the motor carrier has agreed to, in addition to payment of any civil penalties, unless a hearing decision says otherwise.
AIEvery penalty collected under this subsection is paid to the Chief Financial Officer, who must credit it to the Highway Safety Operating Trust Fund, earmarked for training and technology to enforce this subsection.