THE BILL ITSELF
CS/SB 86
Commercial Motor Vehicles Operated by Unauthorized Aliens
Florida Senate - 2026 CS for SB 86 By the Committee on Transportation; and Senator Gaetz 596-02235-26 202686c1
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A bill to be entitled
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An act relating to commercial motor vehicles operated
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by unauthorized aliens; amending s. 316.3026, F.S.;
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declaring the policy of the state with respect to the
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operation of commercial motor vehicles by unauthorized
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aliens; deeming a certain threat to be an imminent
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safety hazard; providing requirements for commercial
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motor vehicle operators; requiring sworn law
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enforcement officers with certain authority to take
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into custody persons determined to be unauthorized
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aliens operating commercial motor vehicles and
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facilitate the transfer of such persons into the
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custody of a federal immigration agency; requiring the
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impoundment and removal of a commercial motor vehicle
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under certain circumstances; requiring such sworn law
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enforcement officers to immediately provide certain
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notification and information to the Florida Highway
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Patrol; providing that motor carriers are liable for
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certain civil penalties; prohibiting the release of
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certain impounded commercial motor vehicles unless
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certain penalties are paid or bonds are posted and
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certain costs are paid; requiring the Office of
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Commercial Vehicle Enforcement to issue certain out
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of-service orders; authorizing the Office of
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Commercial Vehicle Enforcement to issue out-of-service
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orders to and impose civil penalties upon motor
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carriers under certain circumstances; providing that
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certain motor carriers are subject to certain
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penalties; requiring the approval of such out-of
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service orders by the director of the Division of the
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Florida Highway Patrol or his or her designee;
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providing the circumstances under which such out-of
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service orders may be removed; providing for the
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payment of certain penalties to the Chief Financial
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Officer, who shall credit the funds to the State
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Transportation Trust Fund for distribution to the
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Florida Highway Patrol to fund certain training and
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technology; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present subsection (3) of section 316.3026,
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Florida Statutes, is redesignated as subsection (4), a new
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subsection (3) and subsection (5) are added to that section, and
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subsection (1) of that section is amended, to read:
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316.3026 Unlawful operation of motor carriers.—
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(1) The Office of Commercial Vehicle Enforcement may issue
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out-of-service orders to motor carriers, as defined in s.
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320.01, who, after proper notice, have failed to pay any penalty
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or fine assessed by the department, or its agent, against any
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owner or motor carrier for violations of state law, refused to
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submit to a compliance review and provide records pursuant to s.
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316.302(6) or s. 316.70, or violated safety regulations pursuant
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to s. 316.302 or insurance requirements in s. 627.7415. Such
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out-of-service orders have the effect of prohibiting the
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operations of any motor vehicles owned, leased, or otherwise
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operated by the motor carrier upon the roadways of this state,
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until the violations have been corrected or penalties have been
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paid. Out-of-service orders must be approved by the director of
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the Division of the Florida Highway Patrol or his or her
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designee. An administrative hearing pursuant to s. 120.569 shall
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be afforded to motor carriers subject to such orders.
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(3)(a) It is the policy of the state to address the
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emerging issue of commercial motor vehicle operation by
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unauthorized aliens who are not authorized to operate in this
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state pursuant to s. 322.033 and who may not meet English
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language proficiency requirements or have the operational
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understanding to safely operate such vehicles. This threat to
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the life and safety of the motoring public is deemed an imminent
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safety hazard. Commercial motor vehicle operators in this state
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must be lawfully present in the United States; have a valid
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driver license; understand the English language; be able to read
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and follow roadway signage, rules, regulations, laws, and
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directions; and be able to communicate effectively with law
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enforcement officers.
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(b) A sworn law enforcement officer who has the authority
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to take an unauthorized alien as defined in s. 908.111(1) into
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custody pursuant to an agreement established under s. 287(g) of
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the Immigration and Nationality Act, 8 U.S.C. s. 1357, and who
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determines that an unauthorized alien is operating a commercial
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motor vehicle shall take such unauthorized alien into custody
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and facilitate his or her transfer into the custody of a federal
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immigration agency as defined in s. 908.102, consistent with
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federal and state law. The commercial motor vehicle operated by
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the unauthorized alien must be impounded and removed to a secure
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wrecker operator’s storage facility or a law enforcement impound
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lot. The sworn law enforcement officer shall immediately notify
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the Florida Highway Patrol that such unauthorized alien has been
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taken into custody and provide information necessary for the
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issuance of an out-of-service order to the motor carrier,
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including, but not limited to, the offense or incident report;
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any video and audio recordings of the incident; any photographs
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of the unauthorized alien and the commercial motor vehicle; the
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name of the motor carrier; the United States Department of
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Transportation number displayed on the commercial motor vehicle;
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the commercial motor vehicle’s registration number, license
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plate number, and vehicle identification number; and any
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insurance policy information.
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(c) If an unauthorized alien is taken into custody and a
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commercial motor vehicle is impounded under paragraph (b), the
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motor carrier is liable for a civil penalty of $50,000. This
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penalty is in addition to any other applicable penalty. A
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commercial motor vehicle impounded under paragraph (b) may not
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be released to the motor carrier or the owner’s agent unless the
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civil penalty is paid or a bond is posted in accordance with s.
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316.545(5) and any costs associated with the impoundment,
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including costs for towing and storing the commercial motor
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vehicle and providing legal notice of the impoundment, are paid.
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The Office of Commercial Vehicle Enforcement shall issue an out
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of-service order to the motor carrier.
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(d) If, during a department investigation, safety audit, or
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normal business activity, it is discovered that a motor carrier
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has allowed, within the last 12 months, or is allowing an
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unauthorized alien to operate a commercial motor vehicle in
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violation of this subsection, the Office of Commercial Vehicle
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Enforcement may issue an out-of-service order to and impose a
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civil penalty of $50,000 upon the motor carrier.
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(e) A motor carrier operating in this state is subject to
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penalties under paragraph (d) if the department finds that the
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motor carrier was issued an out-of-service order by any other
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state or the Federal Motor Carrier Safety Administration for
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allowing an unauthorized alien to operate a commercial motor
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vehicle within the last 12 months or has an unresolved out-of
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service order related to allowing an unauthorized alien to
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operate a commercial motor vehicle.
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(f) An out-of-service order issued under this subsection
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must be approved by the director of the Division of the Florida
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Highway Patrol or his or her designee. Further, an out-of
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service order issued under this subsection may be removed only
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after the department has approved a corrective action plan
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agreed to by the motor carrier and the motor carrier has paid
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any civil penalties, or as provided by a decision rendered in a
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proceeding held under subsection (5).
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(g) All penalties imposed and collected pursuant to this
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subsection shall be paid to the Chief Financial Officer, who
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shall credit the funds to the Highway Safety Operating Trust
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Fund within the department to fund training and technology
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necessary to enforce this subsection.
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(5) An administrative hearing pursuant to s. 120.569 must
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be afforded to a motor carrier subject to an out-of-service
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order pursuant to this section.
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Section 2. This act shall take effect July 1, 2026.