Regulation of Commercial Motor Vehicles
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SB 754 — Regulation of Commercial Motor Vehicles
Last action — Laid on Table, companion bill(s) passed, see CS/HB 405 (Ch. 2024-151)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Regulation of Commercial Motor Vehicles; Revising federal regulations to which owners and operators of certain commercial motor vehicles are subject; charging the Department of Highway Safety and Motor Vehicles with the administration and enforcement of certain federal regulations; prohibiting the department from issuing a commercial motor vehicle license to a person who is ineligible under certain federal regulations; applying a reinstatement service fee to a person whose privilege to operate a commercial vehicle has been downgraded, etc.
Bill Text
What changed in the latest version
480 added · 451 removed480 line(s) added, 451 removed.
Florida Senate - 2024 CS for SB 754 By Senatorthe DiCeglieCommittee 18-00718-24on 2024754__Transportation; A bill to be entitled An act relating to regulation of commercial motor vehicles;
and Senator DiCeglie 596-02012-24 2024754c1 A bill to be entitled An act relating to regulation of commercial motor vehicles;
amending s.
322.31, F.S.;
requiring that the final orders and rulings of the department regarding commercial driver licenses and commercial instruction permits be reviewable;
requiring the departmentPage to1 obtainof a16 person’sCODING: driving record from the Commercial Driver’s License Drug and Alcohol Clearinghouse;
prohibiting the department from performing certain actions for a Page 1 of 15 CODING:
Florida Senate - 2024 CS for SB 754 18-00718-24596-02012-24 2024754__2024754c1 persondepartment whoto isobtain prohibiteda fromperson’s operatingdriving arecord commercialfrom motorthe vehicleCommercial underDriver’s certainLicense federalDrug regulations;and Alcohol Clearinghouse;
prohibiting the department from performing certain actions for a person who is prohibited from operating a commercial motor vehicle under certain federal regulations;
requiring the department to record the disqualification of a person from operating a commercial motor vehicle in the person’s driving recordPage upon2 entry of a16 finalCODING: order to downgrade the person’s commercial driver license or temporary commercial instruction permit;
providing construction;
requiring reinstatement of the person’s commercial Page 2 of 15 CODING:
Florida Senate - 2024 CS for SB 754 18-00718-24596-02012-24 2024754__2024754c1 record upon entry of a final order to downgrade the person’s commercial driver license or temporary commercial instruction permitpermit; under certain circumstances;
providing construction;
requiring reinstatement of the person’s commercial driver license or temporary commercial instruction permit under certain circumstances;
(b) Except as otherwise provided in this section, all ownersPage and3 drivers of commercial16 motorCODING: vehicles that are engaged in intrastate commerce are subject to the rules and regulations contained in 49 C.F.R.
parts 382-386 382, 383, 385, 386, and 390-397, as such rules and regulations existed on December 31, Page 3 of 15 CODING:
Florida Senate - 2024 CS for SB 754 18-00718-24596-02012-24 2024754__2024754c1 2023owners 2020.and drivers of commercial motor vehicles that are engaged in intrastate commerce are subject to the rules and regulations contained in 49 C.F.R.
parts 382-386 382, 383, 385, 386, and 390-397, as such rules and regulations existed on December 31, 2023 2020.
395.8 and 395.11Page s.4 of 16 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 754 596-02012-24 2024754c1 395.11 s.
(9) For the purpose of enforcing this section, any law Pageenforcement 4officer of 15the CODING:Department of Highway Safety and Motor Vehicles or duly appointed agent who holds a current safety inspector certification from the Commercial Vehicle Safety Alliance may require the driver of any commercial vehicle operated on the highways of this state to stop and submit to an inspection of the vehicle or the driver’s records.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 SB 754 18-00718-24 2024754__ enforcement officer of the Department of Highway Safety and Motor Vehicles or duly appointed agent who holds a current safety inspector certification from the Commercial Vehicle Safety Alliance may require the driver of any commercial vehicle operated on the highways of this state to stop and submit to an inspection of the vehicle or the driver’s records.
(b) Any person who fails to comply with an officer’s request to submit to an inspection under this subsection commits aPage violation5 of s.16 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 754 596-02012-24 2024754c1 a violation of s.
Present subsections (16) through (48) of section Page322.01, 5Florida Statutes, are redesignated as subsections (17) through (49), respectively, a new subsection (16) is added to that section, and subsection (5) and present subsections (37) and (41) of 15that CODING:section are amended, to read:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 SB 754 18-00718-24 2024754__ 322.01, Florida Statutes, are redesignated as subsections (17) through (49), respectively, a new subsection (16) is added to that section, and subsection (5) and present subsections (37) and (41) of that section are amended, to read:
322.05Page Persons6 notof to16 beCODING: licensed.—The department may not issue a license:
(7) To any person, as a commercial motor vehicle operator, who is ineligible to operate a commercial motor vehicle pursuant Page 6 of 15 CODING:
Florida Senate - 2024 CS for SB 754 18-00718-24596-02012-24 2024754__2024754c1 322.05 Persons not to 49be C.F.R.licensed.—The department may not issue a license:
(7) To any person, as a commercial motor vehicle operator, who is ineligible to operate a commercial motor vehicle pursuant to 49 C.F.R.
procedure for handling and collecting fees.— (8) A person who applies for reinstatement following the suspension or revocation of the person’s driver license must pay a service fee of $45 following a suspension, and $75 following a Page 7 of 1516 CODING:
Show all 103 changed lines (63 more)
Florida Senate - 2024 CS for SB 754 18-00718-24596-02012-24 2024754__2024754c1 fees.— (8) A person who applies for reinstatement following the suspension or revocation of the person’s driver license must pay a service fee of $45 following a suspension, and $75 following a revocation, which is in addition to the fee for a license.
2.Page 8 of 16 CODING:
If the reinstatement is processed by the tax collector, $20, less the general revenue service charge set forth in s.
215.20(1), shall be retained by the tax collector, $20 shall be deposited into the Highway Safety Operating Trust Fund, and $35 Page 8 of 15 CODING:
Florida Senate - 2024 CS for SB 754 18-00718-24596-02012-24 2024754__2024754c1 shall2. be deposited into the General Revenue Fund.
If the reinstatement is processed by the tax collector, $20, less the general revenue service charge set forth in s.
215.20(1), shall be retained by the tax collector, $20 shall be deposited into the Highway Safety Operating Trust Fund, and $35 shall be deposited into the General Revenue Fund.
Section 322.31, Florida Statutes, is amended to read:
322.31 Right of review.—The final orders and rulings of the Page 9 of 16 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 754 596-02012-24 2024754c1 department wherein any person is denied a license or has a commercial driver license or commercial instruction permit downgraded, or where such license has been canceled, suspended, or revoked, must shall be reviewable in the manner and within the time provided by the Florida Rules of Appellate Procedure only by a writ of certiorari issued by the circuit court in the county wherein such person shall reside, in the manner prescribed by the Florida Rules of Appellate Procedure, any provision in chapter 120 to the contrary notwithstanding.
Section 8.
(1) When a person applies for or seeks to renew, transfer, Pageor 9make ofany 15other CODING:change to a commercial driver license or temporary commercial instruction permit, the department must obtain the person’s driving record from the Commercial Driver’s License Drug and Alcohol Clearinghouse established pursuant to 49 C.F.R.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 SB 754 18-00718-24 2024754__ or make any other change to a commercial driver license or temporary commercial instruction permit, the department must obtain the person’s driving record from the Commercial Driver’s License Drug and Alcohol Clearinghouse established pursuant to 49 C.F.R.
(2) The department shall downgrade the commercial driver license or temporary commercial instruction permit of a person forPage whom10 theof department16 receivesCODING: notification that, pursuant to 49 C.F.R.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 754 596-02012-24 2024754c1 for whom the department receives notification that, pursuant to 49 C.F.R.
Page(b) 10An informal hearing under paragraph (a) must be requested no later than 20 days after the person receives the notice of 15the CODING:downgrade.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 SB 754 18-00718-24 2024754__ (b) An informal hearing under paragraph (a) must be requested no later than 20 days after the person receives the notice of the downgrade.
The submission of a request for hearing under paragraph (b) tolls the deadline to filePage a11 petition for writ of certiorari16 pursuantCODING: to s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 754 596-02012-24 2024754c1 file a petition for writ of certiorari pursuant to s.
382.501(a) and the information in the Commercial Driver’s License Drug and Alcohol Clearinghouse which resulted in such notification are not subject to challenge in the hearing or in Pageany 11proceeding ofbrought 15under CODING:s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 SB 754 18-00718-24 2024754__ any proceeding brought under s.
The downgradePage of12 a commercial driver license or temporary commercial instruction permit pursuant to a final order entered pursuant to this section and, upon the entry of a16 finalCODING: order, the recording in the person’s record that the person subject to such final order is disqualified from operating a commercial motor vehicle, are not stayed during the pendency of any proceeding pursuant to s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 754 596-02012-24 2024754c1 downgrade of a commercial driver license or temporary commercial instruction permit pursuant to a final order entered pursuant to this section and, upon the entry of a final order, the recording in the person’s record that the person subject to such final order is disqualified from operating a commercial motor vehicle are not stayed during the pendency of any proceeding pursuant to s.
(h) If, after the department enters a final order that results in the downgrade of a person’s commercial driver license or temporary commercial instruction permit and records in the person’s driving record that the person is disqualified from operating a commercial motor vehicle, the department receivesreceives: notification that, pursuant to 49 C.F.R.
1.
Notification that, pursuant to 49 C.F.R.
382.503(a), the person is no longer prohibited from operating a commercial motor vehicle, the department must reinstate the person’s commercial driver license or temporary commercial instruction permit upon Pageapplication 12by ofsuch 15person. CODING:
2.
Notification from the Federal Motor Carrier Safety Administration pursuant to 49 C.F.R.
s.
383.73(q)(3) that the person was erroneously identified as being prohibited from operating a commercial motor vehicle, the department must notify the person;
reinstate, without payment of the reinstatement fee required pursuant to s.
322.31, the person’s commercial driver license or commercial instruction permit as expeditiously as possible;
and remove any reference to the person’s erroneous prohibited status from the Commercial Driver’s License Information System and the person’s record.
(i) The department is not liable for any commercial driver license or temporary commercial instruction permit downgrade Page 13 of 16 CODING:
Florida Senate - 2024 CS for SB 754 18-00718-24596-02012-24 2024754__2024754c1 applicationresulting byfrom suchthe person.discharge of its duties.
(i) The department is not liable for any commercial driver license or temporary commercial instruction permit downgrade resulting from the discharge of its duties.
Section 8.9.
322.34 Driving while license suspended, revoked, canceled, or disqualified.— (2) Any person whose driver license or driving privilege has been canceled, suspended, or revoked as provided by law, or who does not have a driver license or driving privilege but is under suspension or revocation equivalent status as defined in Page 1314 of 1516 CODING:
Florida Senate - 2024 CS for SB 754 18-00718-24596-02012-24 2024754__2024754c1 has been canceled, suspended, or revoked as provided by law, or who does not have a driver license or driving privilege but is under suspension or revocation equivalent status as defined in s.
or Page4. 14 of 15 CODING:
Fleeing or eluding.
The element of knowledge is satisfied if the person has been Page 15 of 16 CODING:
Florida Senate - 2024 CS for SB 754 18-00718-24596-02012-24 2024754__2024754c1 4.previously cited as provided in subsection (1);
Fleeing or eluding.
The element of knowledge is satisfied if the person has been previously cited as provided in subsection (1);
Section 9.10.
Section 10.11.
Page 1516 of 1516 CODING:
Show all 103 changed rows (63 more)
View plain text versions (2)
- S 754 c1 View text Current pdf
- Introduced S 754 Filed pdf
Action History
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Laid on Table, companion bill(s) passed, see CS/HB 405 (Ch. 2024-151)
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Substituted CS/HB 405
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Read 2nd time -SJ 584, 585
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Placed on Special Order Calendar, 03/01/24
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Placed on Calendar, on 2nd reading
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Favorable by- Fiscal Policy; YEAS 16 NAYS 0
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On Committee agenda-- Fiscal Policy, 02/15/24, 12:00 pm, 412 Knott Building
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Now in Fiscal Policy
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Favorable by Appropriations Committee on Transportation, Tourism, and Economic Development; YEAS 7 NAYS 0
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On Committee agenda-- Appropriations Committee on Transportation, Tourism, and Economic Development, 02/08/24, 10:45 am, 110 Senate Building
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On Committee agenda-- Appropriations Committee on Transportation, Tourism, and Economic Development, 01/24/24, 2:00 pm, 110 Senate Building --Temporarily Postponed
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CS by Transportation read 1st time
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Now in Appropriations Committee on Transportation, Tourism, and Economic Development
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS by Transportation; YEAS 5 NAYS 0
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Introduced
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On Committee agenda-- Transportation, 01/10/24, 10:30 am, 110 Senate Building
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Referred to Transportation; Appropriations Committee on Transportation, Tourism, and Economic Development; Fiscal Policy
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Filed
Sponsors
- Transportation · Primary
- Nick DiCeglie · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 162 not signed on
Sponsors (2)
- Transportation
- DiCeglie, Nick Republican
Co-sponsors (0)
None.
Not signed on (162)
162 members have not signed on to this bill.
Show all 162 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 9 | 0 | 0 | 3 |
| Democrat | 2 | 0 | 0 | 1 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Total | 16 | 0 | 0 | 4 |
| % of votes cast | 80% | 0% | 0% | 20% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Collins | — | Yea |
| Torres | — | Yea |
| Stewart | — | Yea |
| Hutson | — | Yea |
| Thompson, Geraldine F. "Geri" | — | Yea |
| Berman, Lori | Democrat | Yea |
| Jones, Shevrin D. "Shev" | Democrat | Not Voting |
| Osgood, Rosalind | Democrat | Yea |
| Albritton, Ben | Republican | Yea |
| Boyd, Jim | Republican | Yea |
| Burton, Colleen | Republican | Yea |
| Calatayud, Alexis | Republican | Yea |
| DiCeglie, Nick | Republican | Not Voting |
| Garcia, Ileana | Republican | Not Voting |
| Mayfield, Debbie | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Simon, Corey | Republican | Yea |
| Trumbull, Jay | Republican | Yea |
| Wright, Tom A. | Republican | Yea |
| Yarborough, Clay | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 5 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Stewart | — | Yea |
| Thompson, Geraldine F. "Geri" | — | Yea |
| DiCeglie, Nick | Republican | Yea |
| Hooper, Ed | Republican | Yea |
| Trumbull, Jay | Republican | Yea |
| Wright, Tom A. | Republican | Yea |
| Yarborough, Clay | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 4 | 0 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 0 |
| Unaffiliated | 0 | 0 | 0 | 1 |
| Total | 5 | 0 | 0 | 1 |
| % of votes cast | 83% | 0% | 0% | 17% |
How each member voted (6)
| Member | Party | Vote |
|---|---|---|
| Torres | — | Not Voting |
| Davis, Tracie | Democrat | Yea |
| DiCeglie, Nick | Republican | Yea |
| Gruters, Joe | Republican | Yea |
| Hooper, Ed | Republican | Yea |
| Trumbull, Jay | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 754 do?
- Regulation of Commercial Motor Vehicles; Revising federal regulations to which owners and operators of certain commercial motor vehicles are subject; charging the Department of Highway Safety and Motor Vehicles with the administration and enforcement of certain federal regulations; prohibiting the department from issuing a commercial motor vehicle license to a person who is ineligible under certain federal regulations; applying a reinstatement service fee to a person whose privilege to operate a commercial vehicle has been downgraded, etc.
- Who sponsors SB 754?
- SB 754 is sponsored by Transportation and DiCeglie, Nick (Republican).
- What is the current status of SB 754?
- This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 754?
- Track SB 754 free on One Click Politics — get push/email alerts when it moves.
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