Bill Text: FL S1434 | 2011 | Regular Session | Comm Sub
Bill Title: Office of Motor Carrier Compliance
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1434 Detail]
Download: Florida-2011-S1434-Comm_Sub.html
Florida Senate - 2011 CS for SB 1434 By the Committee on Transportation; and Senator Latvala 596-02889-11 20111434c1 1 A bill to be entitled 2 An act relating to the Office of Motor Carrier 3 Compliance; amending s. 20.23, F.S.; creating a motor 4 carrier weight inspection area of program 5 responsibility within the Department of 6 Transportation, which replaces motor carrier 7 compliance; amending s. 20.24, F.S.; creating the 8 Office of Motor Carrier Compliance within the Division 9 of the Florida Highway Patrol within the Department of 10 Highway Safety and Motor Vehicles; amending ss. 11 110.205, 311.115, 316.302, 316.3025, 316.3026, 12 316.516, 316.545, 316.640, 320.18, 321.05, and 13 334.044, F.S.; conforming provisions to changes made 14 by the act; creating the Law Enforcement Consolidation 15 Task Force; providing for membership; requiring the 16 task force to make recommendations and submit a report 17 to the Legislature by a certain date; providing for 18 future expiration; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Paragraph (b) of subsection (4) of section 23 20.23, Florida Statutes, is amended to read: 24 20.23 Department of Transportation.—There is created a 25 Department of Transportation which shall be a decentralized 26 agency. 27 (4) 28 (b) The secretary may appoint positions at the level of 29 deputy assistant secretary or director which the secretary deems 30 necessary to accomplish the mission and goals of the department, 31 including, but not limited to, the areas of program 32 responsibility provided in this paragraph, each of whom shall be 33 appointed by and serve at the pleasure of the secretary. The 34 secretary may combine, separate, or delete offices as needed in 35 consultation with the Executive Office of the Governor. The 36 department’s areas of program responsibility include, but are 37 not limited to: 38 1. Administration; 39 2. Planning; 40 3. Public transportation; 41 4. Design; 42 5. Highway operations; 43 6. Right-of-way; 44 7. Toll operations; 45 8. Information systems; 46 9. Motor carrier weight inspectioncompliance; 47 10. Management and budget; 48 11. Comptroller; 49 12. Construction; 50 13. Maintenance; and 51 14. Materials. 52 Section 2. Subsection (2) of section 20.24, Florida 53 Statutes, is amended to read: 54 20.24 Department of Highway Safety and Motor Vehicles. 55 There is created a Department of Highway Safety and Motor 56 Vehicles. 57 (2) The following divisions, and bureaus within the 58 divisions, of the Department of Highway Safety and Motor 59 Vehicles are established: 60 (a) Division of the Florida Highway Patrol. 61 1. Office of Motor Carrier Compliance. 62 (b) Division of Driver Licenses. 63 (c) Division of Motor Vehicles. 64 Section 3. Paragraph (m) of subsection (2) of section 65 110.205, Florida Statutes, is amended to read: 66 110.205 Career service; exemptions.— 67 (2) EXEMPT POSITIONS.—The exempt positions that are not 68 covered by this part include the following: 69 (m) All assistant division director, deputy division 70 director, and bureau chief positions in any department, and 71 those positions determined by the department to have managerial 72 responsibilities comparable to such positions, which positions 73 include, but are not limited to: 74 1. Positions in the Department of Health and the Department 75 of Children and Family Services that are assigned primary duties 76 of serving as the superintendent or assistant superintendent of 77 an institution. 78 2. Positions in the Department of Corrections that are 79 assigned primary duties of serving as the warden, assistant 80 warden, colonel, or major of an institution or that are assigned 81 primary duties of serving as the circuit administrator or deputy 82 circuit administrator. 83 3. Positions in the Department of Transportation that are 84 assigned primary duties of serving as regional toll managers and 85 managers of offices, as defined in s. 20.23(4)(b) and (5)(c),86and captains and majors of the Office of Motor Carrier87Compliance. 88 4. Positions in the Department of Environmental Protection 89 that are assigned the duty of an Environmental Administrator or 90 program administrator. 91 5. Positions in the Department of Health that are assigned 92 the duties of Environmental Administrator, Assistant County 93 Health Department Director, and County Health Department 94 Financial Administrator. 95 96 Unless otherwise fixed by law, the department shall set the 97 salary and benefits of the positions listed in this paragraph in 98 accordance with the rules established for the Selected Exempt 99 Service. 100 Section 4. Paragraph (f) of subsection (1) of section 101 311.115, Florida Statutes, is amended to read: 102 311.115 Seaport Security Standards Advisory Council.—The 103 Seaport Security Standards Advisory Council is created under the 104 Office of Drug Control. The council shall serve as an advisory 105 council as provided in s. 20.03(7). 106 (1) The members of the council shall be appointed by the 107 Governor and consist of the following: 108 (f) One member from the Office of Motor Carrier Compliance 109 of the Department of Highway Safety and Motor Vehicles 110Transportation. 111 Section 5. Paragraph (b) of subsection (4) and subsections 112 (5), (6), (7), and (8) of section 316.302, Florida Statutes, are 113 amended to read: 114 316.302 Commercial motor vehicles; safety regulations; 115 transporters and shippers of hazardous materials; enforcement.— 116 (4) 117 (b) In addition to the penalties provided in s. 118 316.3025(3)(b), (c), (d), and (e), any motor carrier or any of 119 its officers, drivers, agents, representatives, employees, or 120 shippers of hazardous materials that do not comply with this 121 subsection or any rule adopted by a state agency that is 122 consistent with the federal rules and regulations regarding 123 hazardous materials commits a misdemeanor of the first degree, 124 punishable as provided in s. 775.082 or s. 775.083. To ensure 125 compliance with this subsection, enforcement officers of the 126 Motor Carrier Compliance Officewithin the Department of127Transportationand state highway patrol officers may inspect 128 shipping documents and cargo of any vehicle known or suspected 129 to be a transporter of hazardous materials. 130 (5) The departmentof Transportationmay adopt and revise 131 rules to assure the safe operation of commercial motor vehicles. 132 The departmentof Transportationmay enter into cooperative 133 agreements as provided in 49 C.F.R. part 388. Departmentof134Transportationpersonnel may conduct motor carrier and shipper 135 compliance reviews for the purpose of determining compliance 136 with this section and s. 627.7415. 137 (6) The state Department of Highway Safety and Motor 138 VehiclesTransportationshall perform the duties that are 139 assigned to the Field Administrator, Federal Motor Carrier 140 Safety Administration under the federal rules, and an agent of 141 that department, as described in s. 316.545(9), may enforce 142 those rules. 143 (7) A person who operates a commercial motor vehicle solely 144 in intrastate commerce shall direct to the state Department of 145 Highway Safety and Motor VehiclesTransportationany 146 communication that the federal rules require persons subject to 147 the jurisdiction of the United States Department of 148 Transportation to direct to that department. 149 (8) For the purpose of enforcing this section, any law 150 enforcement officer of the departmentof Transportationor duly 151 appointed agent who holds a current safety inspector 152 certification from the Commercial Vehicle Safety Alliance may 153 require the driver of any commercial vehicle operated on the 154 highways of this state to stop and submit to an inspection of 155 the vehicle or the driver’s records. If the vehicle or driver is 156 found to be operating in an unsafe condition, or if any required 157 part or equipment is not present or is not in proper repair or 158 adjustment, and the continued operation would present an unduly 159 hazardous operating condition, the officer may require the 160 vehicle or the driver to be removed from service pursuant to the 161 North American Standard Out-of-Service Criteria, until 162 corrected. However, if continuous operation would not present an 163 unduly hazardous operating condition, the officer may give 164 written notice requiring correction of the condition within 14 165 days. 166 (a) Any member of the Florida Highway Patrol or any law 167 enforcement officer employed by a sheriff’s office or municipal 168 police department authorized to enforce the traffic laws of this 169 state pursuant to s. 316.640 who has reason to believe that a 170 vehicle or driver is operating in an unsafe condition may, as 171 provided in subsection (10), enforce the provisions of this 172 section. 173 (b) Any person who fails to comply with an officer’s 174 request to submit to an inspection under this subsection commits 175 a violation of s. 843.02 if the person resists the officer 176 without violence or a violation of s. 843.01 if the person 177 resists the officer with violence. 178 Section 6. Paragraph (a) of subsection (6) of section 179 316.3025, Florida Statutes, is amended to read: 180 316.3025 Penalties.— 181 (6)(a) Only an officer or agent of the departmentof182Transportationis authorized to collect the penalty provided by 183 this section. Such officer or agent shall cooperate with the 184 owner or driver of the motor vehicle so as not to unduly delay 185 the vehicle. 186 Section 7. Section 316.3026, Florida Statutes, is amended 187 to read: 188 316.3026 Unlawful operation of motor carriers.— 189 (1) The Office of Motor Carrier Complianceof the190Department of Transportationmay issue out-of-service orders to 191 motor carriers, as defined in s. 320.01(33), who,haveafter 192 proper notice failed to pay any penalty or fine assessed by the 193 department, or its agent, against any owner or motor carrier for 194 violations of state law, refused to submit to a compliance 195 review and provide records pursuant to s. 316.302(5) or s. 196 316.70, or violated safety regulations pursuant to s. 316.302 or 197 insurance requirementsfoundin s. 627.7415. Such out-of-service 198 ordersshallhave the effect of prohibiting the operations of 199 any motor vehicles owned, leased, or otherwise operated by the 200 motor carrier upon the roadways of this state, untilsuch time201asthe violations have been corrected or penalties have been 202 paid. Out-of-service ordersissued under this sectionmust be 203 approved by the director of the Division of the Florida Highway 204 PatrolSecretary of Transportationor his or her designee. An 205 administrative hearing pursuant to s. 120.569 shall be afforded 206 to motor carriers subject to such orders. 207 (2) Any motor carrier enjoined or prohibited from operating 208 by an out-of-service order by this state, any other state, or 209 the Federal Motor Carrier Safety Administration may not operate 210 on the roadways of this state until the motor carrier has been 211 authorized to resume operations by the originating enforcement 212 jurisdiction. Commercial motor vehicles owned or operated by any 213 motor carrier prohibited from operation found on the roadways of 214 this state shall be placed out of service by law enforcement 215 officers of the departmentof Transportation, and the motor 216 carrier assessed a $10,000 civil penalty pursuant to 49 C.F.R. 217 s. 383.53, in addition to any other penalties imposed on the 218 driver or other responsible person. Any person who knowingly 219 drives, operates, or causes to be operated any commercial motor 220 vehicle in violation of an out-of-service order issued by the 221 department in accordance with this section commits a felony of 222 the third degree, punishable as provided in s. 775.082(3)(d). 223 Any costs associated with the impoundment or storage of such 224 vehicles are the responsibility of the motor carrier. Vehicle 225 out-of-service orders may be rescinded when the department 226 receives proof of authorization for the motor carrier to resume 227 operation. 228 (3) In addition to the sanctions found in subsections (1) 229 and (2), the departmentof Transportationmay petition the 230 circuit courts of this state to enjoin any motor carrier from 231 operating when it fails to comply with out-of-service orders 232 issued by a competent authority within or outside this state. 233 Section 8. Subsection (1) of section 316.516, Florida 234 Statutes, is amended to read: 235 316.516 Width, height, and length; inspection; penalties.— 236 (1) Any law enforcement officer, as prescribed in s. 237 316.640, or any weight inspectorand safety officerof the 238 Department of Transportation, as prescribed in s. 316.545(1), 239 who has reason to believe that the width, height, or length of a 240 vehicle or combination of vehicles and the load thereon is not 241 in conformance with s. 316.515 is authorized to require the 242 driver to stop and submit such vehicle and load to measurement 243 of its width, height, or length. 244 Section 9. Subsection (1), paragraphs (a) and (b) of 245 subsection (2), paragraph (b) of subsection (4), and subsections 246 (5), (9), and (10) of section 316.545, Florida Statutes, are 247 amended to read: 248 316.545 Weight and load unlawful; special fuel and motor 249 fuel tax enforcement; inspection; penalty; review.— 250 (1) Anyweight and safetyofficer of the Florida Highway 251 PatrolDepartment of Transportationhaving reason to believe 252 that the weight of a vehicle and load is unlawful is authorized 253 to require the driver to stop and submit to a weighing of the 254 same by means of either portable or fixed scales and may require 255 that such vehicle be driven to the nearest weigh station or 256 public scales, provided such a facility is within 5 highway 257 miles. Upon a request by the vehicle driver, the officer shall 258 weigh the vehicle at fixed scales rather than by portable scales 259 if such a facility is available within 5 highway miles. Anyone 260 who refuses to submit to such weighing obstructs an officer 261 pursuant to s. 843.02 and is guilty of a misdemeanor of the 262 first degree, punishable as provided in s. 775.082 or s. 263 775.083. Anyone who knowingly and willfully resists, obstructs, 264 or opposes a weight and safety officer while refusing to submit 265 to such weighing by resisting the officer with violence to the 266 officer’s person pursuant to s. 843.01 is guilty of a felony of 267 the third degree, punishable as provided in s. 775.082, s. 268 775.083, or s. 775.084. 269 (2)(a) Whenever an officer of the Florida Highway Patrol or 270 weight inspector of the Department of Transportation, upon 271 weighing a vehicle or combination of vehicles with load, 272 determines that the axle weight or gross weight is unlawful, the 273 officer or inspector may require the driver to stop the vehicle 274 in a suitable place and remain standing until a determination 275 can be made as to the amount of weight thereon and, if 276 overloaded, the amount of penalty to be assessed as provided 277 herein. However, any gross weight over and beyond 6,000 pounds 278 beyond the maximum herein set shall be unloaded and all material 279 so unloaded shall be cared for by the owner or operator of the 280 vehicle at the risk of such owner or operator. Except as 281 otherwise provided in this chapter, to facilitate compliance 282 with and enforcement of the weight limits established in s. 283 316.535, weight tables published pursuant to s. 316.535(7) shall 284 include a 10-percent scale tolerance and shall thereby reflect 285 the maximum scaled weights allowed any vehicle or combination of 286 vehicles. As used in this section, scale tolerance means the 287 allowable deviation from legal weights established in s. 288 316.535. Notwithstanding any other provision of the weight law, 289 if a vehicle or combination of vehicles does not exceed the 290 gross, external bridge, or internal bridge weight limits imposed 291 in s. 316.535 and the driver of such vehicle or combination of 292 vehicles can comply with the requirements of this chapter by 293 shifting or equalizing the load on all wheels or axles and does 294 so when requested by the proper authority, the driver shall not 295 be held to be operating in violation of said weight limits. 296 (b) The officer or inspector shall inspect the license 297 plate or registration certificate of the commercial vehicle, as 298 defined in s. 316.003(66), to determine if its gross weight is 299 in compliance with the declared gross vehicle weight. If its 300 gross weight exceeds the declared weight, the penalty shall be 5 301 cents per pound on the difference between such weights. In those 302 cases when the commercial vehicle, as defined in s. 316.003(66), 303 is being operated over the highways of the state with an expired 304 registration or with no registration from this or any other 305 jurisdiction or is not registered under the applicable 306 provisions of chapter 320, the penalty herein shall apply on the 307 basis of 5 cents per pound on that scaled weight which exceeds 308 35,000 pounds on laden truck tractor-semitrailer combinations or 309 tandem trailer truck combinations, 10,000 pounds on laden 310 straight trucks or straight truck-trailer combinations, or 311 10,000 pounds on any unladen commercial motor vehicle. If the 312 license plate or registration has not been expired for more than 313 90 days, the penalty imposed under this paragraph may not exceed 314 $1,000. In the case of special mobile equipment as defined in s. 315 316.003(48), which qualifies for the license tax provided for in 316 s. 320.08(5)(b), being operated on the highways of the state 317 with an expired registration or otherwise not properly 318 registered under the applicable provisions of chapter 320, a 319 penalty of $75 shall apply in addition to any other penalty 320 which may apply in accordance with this chapter. A vehicle found 321 in violation of this section may be detained until the owner or 322 operator produces evidence that the vehicle has been properly 323 registered. Any costs incurred by the retention of the vehicle 324 shall be the sole responsibility of the owner. A person who has 325 been assessed a penalty pursuant to this paragraph for failure 326 to have a valid vehicle registration certificate pursuant to the 327 provisions of chapter 320 is not subject to the delinquent fee 328 authorized in s. 320.07 if such person obtains a valid 329 registration certificate within 10 working days after such 330 penalty was assessed. 331 (4) 332 (b) In addition to the penalty provided for in paragraph 333 (a), the vehicle may be detained until the owner or operator of 334 the vehicle furnishes evidence that the vehicle has been 335 properly registered pursuant to s. 207.004. Any officer of the 336 Florida Highway Patrol or agent of the Department of 337 Transportation may issue a temporary fuel use permit and collect 338 the appropriate fee as provided for in s. 207.004(4). 339 Notwithstanding the provisions of subsection (6), all permit 340 fees collected pursuant to this paragraph shall be transferred 341 to the Department of Highway Safety and Motor Vehicles to be 342 allocated pursuant to s. 207.026. 343 (5) Whenever any person violates the provisions of this 344 chapter and becomes indebted to the state because of such 345 violation in the amounts aforesaid and refuses to pay said 346 penalty, in addition to the provisions of s. 316.3026, such 347 penalty shall become a lien upon the motor vehicle, and the same 348 may be foreclosed by the state in a court of equity. It shall be 349 presumed that the owner of the motor vehicle is liable for the 350 sum. Any person, firm, or corporation claiming an interest in 351 the seized motor vehicle may, at any time after the lien of the 352 state attaches to the motor vehicle, obtain possession of the 353 seized vehicle by filing a good and sufficient forthcoming bond 354 with the officer having possession of the vehicle, payable to 355 the Governor of the state in twice the amount of the state’s 356 lien, with a corporate surety duly authorized to transact 357 business in this state as surety, conditioned to have the motor 358 vehicle or combination of vehicles forthcoming to abide the 359 result of any suit for the foreclosure of such lien. It shall be 360 presumed that the owner of the motor vehicle is liable for the 361 penalty imposed under this section. Upon the posting of such 362 bond with the officer making the seizure, the vehicle shall be 363 released and the bond shall be forwarded to the departmentof364Transportationfor safekeeping. The lien of the state against 365 the motor vehicle aforesaid shall be foreclosed in equity, and 366 the ordinary rules of court relative to proceedings in equity 367 shall control. If it appears that the seized vehicle has been 368 released to the defendant upon his or her forthcoming bond, the 369 state shall take judgment of foreclosure against the property 370 itself, and judgment against the defendant and the sureties on 371 the bond for the amount of the lien, including cost of 372 proceedings. After the rendition of the decree, the state may, 373 at its option, proceed to sue out execution against the 374 defendant and his or her sureties for the amount recovered as 375 aforesaid or direct the sale of the vehicle under foreclosure. 376(9) Any agent of the Department of Transportation who is377employed for the purpose of being a weight and safety officer378and who meets the qualifications established by law for law379enforcement officers shall have the same arrest powers as are380granted any law enforcement officer for the purpose of enforcing381the provisions of weight, load, safety, commercial motor vehicle382registration, and fuel tax compliance laws.383 (9)(10)The Department of Transportation may employ weight 384 inspectors to operate its fixed-scale facilities. Weight 385 inspectors on duty at a fixed-scale facility are authorized to 386 enforce the laws governing commercial motor vehicle weight, 387 registration, size, and load and to assess and collect civil 388 penalties for violations of said laws. A weight inspector may 389 detain a commercial motor vehicle that has an obvious safety 390 defect critical to the continued safe operation of the vehicle 391 or that is operating in violation of an out-of-service order as 392 reported on the federal Safety and Fitness Electronic Records 393 database. The weight inspector may immediately summon a law 394 enforcement officer of the Department of Highway Safety and 395 Motor VehiclesTransportation, or other law enforcement officer 396 authorized by s. 316.640 to enforce the traffic laws of this 397 state, to take appropriate enforcement action. The vehicle shall 398 be released if the defect is repaired prior to the arrival of a 399 law enforcement officer. Weight inspectors shall not be 400 classified as law enforcement officers subject to certification 401 requirements of chapter 943, and are not authorized to carry 402 weapons or make arrests. Any person who obstructs, opposes, or 403 resists a weight inspector in the performance of the duties 404 herein prescribed shall be guilty of an offense as described in 405 subsection (1) for obstructing, opposing, or resisting a law 406 enforcement officer. 407 Section 10. Paragraph (a) of subsection (1) of section 408 316.640, Florida Statutes, is amended to read: 409 316.640 Enforcement.—The enforcement of the traffic laws of 410 this state is vested as follows: 411 (1) STATE.— 412 (a)1.a. The Division of Florida Highway Patrol of the 413 Department of Highway Safety and Motor Vehicles; the Division of 414 Law Enforcement of the Fish and Wildlife Conservation 415 Commission; the Division of Law Enforcement of the Department of 416 Environmental Protection;law enforcement officers of the417Department of Transportation;and the agents, inspectors, and 418 officers of the Department of Law Enforcement each have 419 authority to enforce all of the traffic laws of this state on 420 all the streets and highways thereof and elsewhere throughout 421 the state wherever the public has a right to travel by motor 422 vehicle. 423 b. University police officers shall have authority to 424 enforce all of the traffic laws of this state when violations 425 occur on or within 1,000 feet of any property or facilities that 426 are under the guidance, supervision, regulation, or control of a 427 state university, a direct-support organization of such state 428 university, or any other organization controlled by the state 429 university or a direct-support organization of the state 430 university, or when such violations occur within a specified 431 jurisdictional area as agreed upon in a mutual aid agreement 432 entered into with a law enforcement agency pursuant to s. 433 23.1225(1). Traffic laws may also be enforced off-campus when 434 hot pursuit originates on or within 1,000 feet of any such 435 property or facilities, or as agreed upon in accordance with the 436 mutual aid agreement. 437 c. Community college police officers shall have the 438 authority to enforce all the traffic laws of this state only 439 when such violations occur on any property or facilities that 440 are under the guidance, supervision, regulation, or control of 441 the community college system. 442 d. Police officers employed by an airport authority shall 443 have the authority to enforce all of the traffic laws of this 444 state only when such violations occur on any property or 445 facilities that are owned or operated by an airport authority. 446 (I) An airport authority may employ as a parking 447 enforcement specialist any individual who successfully completes 448 a training program established and approved by the Criminal 449 Justice Standards and Training Commission for parking 450 enforcement specialists but who does not otherwise meet the 451 uniform minimum standards established by the commission for law 452 enforcement officers or auxiliary or part-time officers under s. 453 943.12. Nothing in this sub-sub-subparagraph shall be construed 454 to permit the carrying of firearms or other weapons, nor shall 455 such parking enforcement specialist have arrest authority. 456 (II) A parking enforcement specialist employed by an 457 airport authority is authorized to enforce all state, county, 458 and municipal laws and ordinances governing parking only when 459 such violations are on property or facilities owned or operated 460 by the airport authority employing the specialist, by 461 appropriate state, county, or municipal traffic citation. 462 e. The Office of Agricultural Law Enforcement of the 463 Department of Agriculture and Consumer Services shall have the 464 authority to enforce traffic laws of this state. 465 f. School safety officers shall have the authority to 466 enforce all of the traffic laws of this state when such 467 violations occur on or about any property or facilities which 468 are under the guidance, supervision, regulation, or control of 469 the district school board. 470 2. An agency of the state as described in subparagraph 1. 471 is prohibited from establishing a traffic citation quota. A 472 violation of this subparagraph is not subject to the penalties 473 provided in chapter 318. 474 3. Any disciplinary action taken or performance evaluation 475 conducted by an agency of the state as described in subparagraph 476 1. of a law enforcement officer’s traffic enforcement activity 477 must be in accordance with written work-performance standards. 478 Such standards must be approved by the agency and any collective 479 bargaining unit representing such law enforcement officer. A 480 violation of this subparagraph is not subject to the penalties 481 provided in chapter 318. 482 4. The Division of the Florida Highway Patrol may employ as 483 a traffic accident investigation officer any individual who 484 successfully completes instruction in traffic accident 485 investigation and court presentation through the Selective 486 Traffic Enforcement Program as approved by the Criminal Justice 487 Standards and Training Commission and funded through the 488 National Highway Traffic Safety Administration or a similar 489 program approved by the commission, but who does not necessarily 490 meet the uniform minimum standards established by the commission 491 for law enforcement officers or auxiliary law enforcement 492 officers under chapter 943. Any such traffic accident 493 investigation officer who makes an investigation at the scene of 494 a traffic accident may issue traffic citations, based upon 495 personal investigation, when he or she has reasonable and 496 probable grounds to believe that a person who was involved in 497 the accident committed an offense under this chapter, chapter 498 319, chapter 320, or chapter 322 in connection with the 499 accident. This subparagraph does not permit the officer to carry 500 firearms or other weapons, and such an officer does not have 501 authority to make arrests. 502 Section 11. Subsection (1) of section 320.18, Florida 503 Statutes, is amended to read: 504 320.18 Withholding registration.— 505 (1) The department may withhold the registration of any 506 motor vehicle or mobile home the owner of which has failed to 507 register it under the provisions of law for any previous period 508 or periods for which it appears registration should have been 509 made in this state, until the tax for such period or periods is 510 paid. The department may cancel any vehicle or vessel 511 registration, driver’s license, identification card, or fuel-use 512 tax decal if the owner pays for the vehicle or vessel 513 registration, driver’s license, identification card, or fuel-use 514 tax decal; pays any administrative, delinquency, or 515 reinstatement fee; or pays any tax liability, penalty, or 516 interest specified in chapter 207 by a dishonored check, or if 517 the vehicle owner or motor carrier has failed to pay a penalty 518 for a weight or safety violation issued by the Department of 519 Transportation or the Department of Highway Safety and Motor 520 VehiclesMotor Carrier Compliance Office. The Department of 521 Transportation and the Department of Highway Safety and Motor 522 Vehicles may impound any commercial motor vehicle that has a 523 canceled license plate or fuel-use tax decal until the tax 524 liability, penalty, and interest specified in chapter 207, the 525 license tax, or the fuel-use decal fee, and applicable 526 administrative fees have been paid for by certified funds. 527 Section 12. Subsection (1) of section 321.05, Florida 528 Statutes, is amended to read: 529 321.05 Duties, functions, and powers of patrol officers. 530 The members of the Florida Highway Patrol are hereby declared to 531 be conservators of the peace and law enforcement officers of the 532 state, with the common-law right to arrest a person who, in the 533 presence of the arresting officer, commits a felony or commits 534 an affray or breach of the peace constituting a misdemeanor, 535 with full power to bear arms; and they shall apprehend, without 536 warrant, any person in the unlawful commission of any of the 537 acts over which the members of the Florida Highway Patrol are 538 given jurisdiction as hereinafter set out and deliver him or her 539 to the sheriff of the county that further proceedings may be had 540 against him or her according to law. In the performance of any 541 of the powers, duties, and functions authorized by law, members 542 of the Florida Highway Patrol have the same protections and 543 immunities afforded other peace officers, which shall be 544 recognized by all courts having jurisdiction over offenses 545 against the laws of this state, and have authority to apply for, 546 serve, and execute search warrants, arrest warrants, capias, and 547 other process of the court. The patrol officers under the 548 direction and supervision of the Department of Highway Safety 549 and Motor Vehicles shall perform and exercise throughout the 550 state the following duties, functions, and powers: 551 (1) To patrol the state highways and regulate, control, and 552 direct the movement of traffic thereon; to maintain the public 553 peace by preventing violence on highways; to apprehend fugitives 554 from justice; to enforce all lawsnow in effectregulating and 555 governing traffic, travel, and public safety upon the public 556 highways and providing for the protection of the public highways 557 and public property thereon, including the security and safety 558 of Florida’s transportation infrastructure; to make arrests 559 without warrant for the violation of any state law committed in 560 their presence in accordance withthe laws of thisstate law; 561 providing that anosearch may notshallbe made unless it is 562 incident to a lawful arrest,to regulate and direct traffic 563 concentrations and congestions; to enforce laws governing the 564 operation, licensing, and taxing and limiting the size, weight, 565 width, length, and speed of vehicles and licensing and 566 controlling the operations of drivers and operators of vehicles, 567 including the safety, size, and weight of commercial motor 568 vehicles;to cooperate with officials designated by lawto 569 collect all state fees and revenues levied as an incident to the 570 use or right to use the highways for any purpose, including the 571 taxing and registration of commercial motor vehicles; to require 572 the drivers of vehicles to stop and exhibit their driver’s 573 licenses, registration cards, or documents required by law to be 574 carried by such vehicles; to investigate traffic accidents, 575 secure testimony of witnesses and of persons involved, and make 576 report thereof with copy, ifwhenrequested in writing, to any 577 person in interest or his or her attorney; to investigate 578 reported thefts of vehicles; and to seize contraband or stolen 579 property on or being transported on the highways. Each patrol 580 officer of the Florida Highway Patrol is subject to and has the 581 same arrest and other authority provided for law enforcement 582 officers generally in chapter 901 and has statewide 583 jurisdiction. Each officer also has arrest authority as provided 584 for state law enforcement officers in s. 901.15. This section 585 doesshallnotbe construed as being inconflict with, but is 586 supplemental to, chapter 933. 587 Section 13. Subsections (32) and (33) of section 334.044, 588 Florida Statutes, are amended to read: 589 334.044 Department; powers and duties.—The department shall 590 have the following general powers and duties: 591(32) In order to fulfill the department’s mission to592provide a safe and efficient transportation system, the593department’s Office of Motor Carrier Compliance may employ sworn594law enforcement officers, certified in accordance with chapter595943, to enforce the traffic and criminal laws of this state.596Such officers shall have full law enforcement powers granted to597other peace officers of this state, including making arrests,598carrying firearms, serving court process, and seizing vehicles599defined as contraband under s.319.33, illegal drugs, stolen600property, and the proceeds of illegal activities. Officers601appointed under this section have the primary responsibility for602enforcing laws relating to size and weight of commercial motor603vehicles; safety, traffic, tax, and registration of commercial604motor vehicles; interdiction of vehicles defined as contraband605under s.319.33, illegal drugs, and stolen property; and606violations that threaten the overall security and safety of607Florida’s transportation infrastructure and the motoring public.608The office is also authorized to appoint part-time or auxiliary609law enforcement officers pursuant to chapter 943 and to provide610compensation in accordance with law.611 (32)(33)To enter into agreement with Space Florida to 612 coordinate and cooperate in the development of spaceport 613 infrastructure and related transportation facilities contained 614 in the Strategic Intermodal System Plan and, where appropriate, 615 encourage the cooperation and integration of airports and 616 spaceports in order to meet transportation-related needs. 617 Section 14. Effective July 1, 2011, a Law Enforcement 618 Consolidation Task Force is created. 619 (1) Members of the task force shall consist of the 620 executive director of the Department of Highway Safety and Motor 621 Vehicles, the executive director of the Department of Law 622 Enforcement, a representative from the Office of the Attorney 623 General, a representative from the Department of Agriculture and 624 Consumer Services, the Colonel of the Florida Highway Patrol, 625 the Colonel of the Division of Law Enforcement in the Fish and 626 Wildlife Conservation Commission, a representative from the 627 Florida Sheriffs Association, and a representative from the 628 Florida Police Chiefs Association. 629 (2) Administrative assistance to the task force shall be 630 provided by the Department of Highway Safety and Motor Vehicles. 631 However, this does not include travel expenses incurred by 632 members of the task force, which shall be borne by the agency 633 the member represents. 634 (3) The task force shall evaluate the duplication of law 635 enforcement functions throughout state government and identify 636 functions that are appropriate for possible consolidation. The 637 task force shall also evaluate administrative functions, 638 including, but not limited to, accreditation, training, legal 639 representation, vehicle fleets, aircraft, civilian support 640 staffing, information technology, geographic regions, and 641 districts or troops currently in use. The task force shall make 642 recommendations and submit a plan to consolidate state law 643 enforcement responsibilities. The plan shall be submitted to the 644 President of the Senate and the Speaker of the House of 645 Representatives by February 1, 2012. The plan must include 646 recommendations on the methodology to be used in creating a 647 consolidated state law enforcement entity by June 30, 2013. The 648 task force shall expire June 30, 2012. 649 Section 15. This act shall take effect July 1, 2011.