Florida Eyes $50,000 Carrier Fine for Undocumented Drivers

An aerial view of the Florida state capitol in Tallahassee. (Alex Potemkin/Getty Images)

A bill is moving through both legislative chambers in Florida that would allow impoundment of a commercial vehicle with a $50,000 fine if the owner has an undocumented driver operating it.

The legislation contains sanctions against undocumented truckers who lack English-language proficiency skills, and motor carriers employing these drivers.

Motor carriers could be fined a $50,000 civil penalty resulting from an immediate incident-based offense or due to findings from an audit/investigation.

Two bills, both called the “Commercial Motor Vehicles Operated by Unauthorized Aliens” legislation, are moving through the current Florida Legislature as Senate Bill 86 and House Bill 1247.

Several provisions are contained in a state policy aimed at CMVs driven by undocumented immigrants. The legislation requires authorized sworn law enforcement officers to take into custody undocumented foreign drivers of CMVs and transfer the individuals over to a federal immigration agency.

The proposed laws also would declare an imminent safety hazard exists when an undocumented driver is operating a CMV.

Furthermore, the bills require a CMV operated by an undocumented driver to be impounded and taken to a secure wrecker operator’s storage facility or law enforcement impound lot.

The arresting law enforcement officer is to immediately notify Florida Highway Patrol about the driver being taken into custody and told to provide necessary information to the state Office of Commercial Vehicle Enforcement to issue an out-of-service order to the motor carrier.

“If, during a department investigation, safety audit or normal business activity, it is discovered that a motor carrier has allowed, within the last 12 months, or is allowing an unauthorized alien to operate a commercial motor vehicle in violation of this subsection, the Office of Commercial Vehicle Enforcement may issue an out-of-service order to and impose a civil penalty of $50,000 upon the motor carrier,” the bill says.

A $50,000 civil penalty would be levied on the motor carrier if the driver is arrested and the vehicle impounded. The motor carrier owner would have to pay for the fine or a bond as well as other associated costs such as towing and storage before the vehicle is released.

Other $50,000 fines can also be imposed on a CMV owner:

• If Florida learns the motor carrier was issued an out-of-service order by any other state or the Federal Motor Carrier Safety Administration for allowing an undocumented immigrant to operate a CMV within the last year.
• If the owner has an unresolved out-of-service order related to allowing an undocumented foreign driver to operate a CMV.

Money derived from the fines would go to the Highway Safety Operating Trust Fund and must be used for technology and training to enforce the law.

The state Senate version of the bill, whose text is being modified, was sponsored by the Transportation Committee and Sen. Don Gaetz (R). It passed Jan. 27 in the Transportation Committee by a 6-3 vote and moved Jan. 29 to the Criminal Justice Committee in the Senate.

HB 1247, sponsored by Rep. Jason Shoaf (R) had its first reading Jan. 13 and two days later moved to the Government Operations Subcommittee, where it resides. The legislation also was referred to the Judiciary, Budget and State Affairs committees.

If the legislation succeeds, the new law would take effect July 1.

On Aug. 12, per a Florida police report, a truck driven by an undocumented immigrant who had obtained commercial driver licenses from California and Washington collided with a passenger vehicle, killing three people. The crash occurred on the Florida Turnpike in St. Lucie County.

Florida has joined lawmakers in Tennessee who also are considering two identical laws that would fine motor carriers $1 million if their undocumented drivers operate a commercial motor vehicle that causes personal injury or property damage.