SB 86 — Commercial Motor Vehicles Operated by Unauthorized Aliens

Florida Senate - 2026 CS for SB 86 By Senatorthe GaetzCommittee 1-00175-26on 202686__Transportation; A bill to be entitled An act relating to commercial motor vehicles operated by unauthorized aliens;

creatingand s.Senator Gaetz 596-02235-26 202686c1 A bill to be entitled An act relating to commercial motor vehicles operated by unauthorized aliens;

316.3021,amending F.S.;s.

requiring316.3026, lawF.S.; enforcement officers to take certain persons operating commercial motor vehicles into custody and facilitate the transfer of such persons into the custody of a federal immigration agency;

requiringdeclaring the impoundmentpolicy of athe state with respect to the operation of commercial motor vehiclevehicles underby certainunauthorized circumstances;aliens;

requiringdeeming thea ownercertain ofthreat an impounded commercial motor vehicle to paybe aan fineimminent andsafety certainhazard; costs and fees;

prohibitingproviding certainrequirements motorfor carrierscommercial frommotor operatingvehicle inoperators; this state;

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;

requiring such sworn law enforcement officers to immediately provide certain notification and information to the Florida Highway Patrol;

providing that motor carriers are liable for certain civil penalties;

prohibiting the release of certain impounded commercial motor vehicles unless certain penalties are paid or bonds are posted and certain costs are paid;

requiring the Office of Commercial Vehicle Enforcement to issue certain out- of-service orders;

authorizing the Office of Commercial Vehicle Enforcement to issue out-of-service orders to and impose civil penalties upon motor carriers under certain circumstances;

providing that certain motor carriers are subject to certain penalties;

requiring the approval of such out-of- Page 1 of 5 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for SB 86 596-02235-26 202686c1 service orders by the director of the Division of the Florida Highway Patrol or his or her designee;

providing the circumstances under which such out-of- service orders may be removed;

providing for the payment of certain penalties to the Chief Financial Officer, who shall credit the funds to the State Transportation Trust Fund for distribution to the Florida Highway Patrol to fund certain training and technology;

SectionPresent 316.3021,subsection (3) of section 316.3026, Florida Statutes, is createdredesignated as subsection (4), a new subsection (3) and subsection (5) are added to that section, and subsection (1) of that section is amended, to read:

316.3021316.3026 UnauthorizedUnlawful alien operation of commercialmotor carriers.— (1) The Office of Commercial Vehicle Enforcement may issue out-of-service orders to motor vehicles;carriers, as defined in s.

penalties.—320.01, (1)who, Aafter lawproper enforcementnotice, officerhave whofailed determinesto thatpay aany personpenalty operatingor afine commercialassessed by the department, or its agent, against any owner or motor vehiclecarrier infor thisviolations of state islaw, anrefused unauthorizedto aliensubmit asto defineda incompliance review and provide records pursuant to s.

908.111316.302(6) shallor take the unauthorized alien into custody and facilitate the transfer of the unauthorized alien into the custody of a federal immigration agency as defined in s.

908.102,316.70, consistentor withviolated federalsafety law.regulations pursuant to s.

(2)316.302 Aor commercialinsurance motorrequirements vehiclein operateds. by an unauthorized alien who is taken into custody pursuant to this section must be impounded.

A627.7415. $50,000 fine payable to the department and all Page 1 of 2 CODING:

Such out-of-service orders have the effect of prohibiting the operations of any motor vehicles owned, leased, or otherwise operated by the motor carrier upon the roadways of this state, until the violations have been corrected or penalties have been Page 2 of 5 CODING:

Florida Senate - 2026 SBCS 86 1-00175-26 202686__ costs and fees for theSB impoundment,86 including596-02235-26 the202686c1 costpaid. of notification, must be paid by the owner of the commercial motor vehicle before the commercial motor vehicle may be released to such owner.

(3)Out-of-service Aorders motormust carrierbe thatapproved owns, leases, or otherwise operates a commercial motor vehicle operated by athe persondirector whoof isthe takenDivision intoof custodythe pursuantFlorida toHighway thisPatrol sectionor mayhis notor operateher indesignee. this state.

An administrative hearing pursuant to s.

120.569 shall be afforded to motor carriers subject to such orders.

(3)(a) It is the policy of the state to address the emerging issue of commercial motor vehicle operation by unauthorized aliens who are not authorized to operate in this state pursuant to s.

322.033 and who may not meet English language proficiency requirements or have the operational understanding to safely operate such vehicles.

This threat to the life and safety of the motoring public is deemed an imminent safety hazard.

Commercial motor vehicle operators in this state must be lawfully present in the United States;

have a valid driver license;

understand the English language;

be able to read and follow roadway signage, rules, regulations, laws, and directions;