No. CS/SB 86
Filed under Transportation.
Commercial Motor Vehicles Operated by Unauthorized Aliens; Declaring the policy of the state with respect to the operation of commercial motor vehicles by unauthorized aliens; requiring sworn law enforcement officers with certain authority to take into custody persons determined to be unauthorized aliens operating commercial motor vehicles and facilitate the transfer of such persons into the custody of a federal immigration agency; requiring the impoundment and removal of a commercial motor vehicle under certain circumstances; providing that motor carriers are liable for certain civil penalties, etc.
Plain English Summary
AI-GENERATEDA sworn officer with federal 287(g) authority who determines a commercial vehicle is being driven by an unauthorized immigrant must take that person into custody and hand them to federal immigration officials.
The vehicle itself must be impounded, and the motor carrier that employed the driver is automatically liable for a $50,000 civil penalty on top of any other penalty already owed.
Carriers face the same $50,000 penalty if a state audit finds they let an unauthorized immigrant drive within the past year, or if another state or federal regulators already penalized them for it.
Getting the vehicle back takes more than paying the fine: the carrier also needs a state-approved corrective action plan, unless it wins at an administrative hearing first.
AIA sworn officer who already holds federal 287(g) authority to take unauthorized immigrants into custody, and who determines a commercial motor vehicle is being driven by one, must take that person into custody and arrange their transfer into federal immigration custody.
AIThe bill declares that commercial motor vehicle operators in Florida must be lawfully present in the United States, hold a valid driver license, understand English, read roadway signage and rules, and communicate effectively with law enforcement officers.
AIOnce an unauthorized immigrant driving a commercial motor vehicle is taken into custody, that vehicle must be impounded and moved to a secure wrecker storage facility or a law enforcement impound lot.
AIWhenever an unauthorized immigrant driving a commercial motor vehicle is taken into custody and the vehicle is impounded, the motor carrier that employed the driver is automatically liable for a $50,000 civil penalty, on top of any other penalty owed.
AIEven without a roadside stop, if a department investigation, safety audit, or routine business review turns up a motor carrier that allowed or is allowing an unauthorized immigrant to drive within the past 12 months, the same out-of-service order and $50,000 penalty apply.
AIAn impounded vehicle cannot go back to the motor carrier or its agent until the $50,000 penalty is paid or a bond is posted, and until towing, storage, and legal-notice costs from the impoundment are also paid.
AIA motor carrier already penalized 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 $50,000 penalty too.
AIAn out-of-service order issued under this subsection can be lifted only after the department approves a corrective action plan agreed to by the motor carrier, in addition to payment of any civil penalties, unless an administrative hearing rules otherwise.