Florida HB 1247: Commercial Motor Vehicles Operated by Unauthorized Aliens

Bill Text

HB 1247 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1247-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to commercial motor vehicles operated 2
by unauthorized aliens; amending s. 316.3026, F.S.; 3
declaring the policy of this state with respect to the 4
operation of commercial motor vehicles by unauthorized 5
aliens; deeming a certain threat to be an imminent 6
safety hazard; providing requirements for commercial 7
motor vehicle operators; requiring sworn law 8
enforcement officers with certain authority to take 9
into custody persons determined to be unauthorized 10
aliens operating commercial motor vehicles and 11
facilitate the transfer of such persons into the 12
custody of a federal immigration agency; requiring the 13
impoundment and removal of a commercial motor vehicle 14
under certain circumstances; requiring such sworn law 15
enforcement officers to immediately provide certain 16
notification and information to the Florida Highway 17
Patrol; providing that motor carriers are liable for 18
certain civil penalties; prohibiting the release of 19
certain impounded commercial motor vehicles unless 20
certain penalties are paid or bonds are posted and 21
certain costs are paid; requiring the Office of 22
Commercial Vehicle Enforcement to issue certain out-23
of-service orders; authorizing the Office of 24
Commercial Vehicle Enforcement to issue out-of-service 25

HB 1247 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1247-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

orders to and impose civil penalties upon motor 26
carriers under certain circumstances; providing that 27
certain motor carriers are subject to certain 28
penalties; requiring the approval of such out-of-29
service orders by the director of the Division of the 30
Florida Highway Patrol or his or her designee; 31
providing the circumstances under which such out-of-32
service orders may be removed; providing for the 33
payment of certain penalties to the Chief Financial 34
Officer, who shall credit the funds to the State 35
Transportation Trust Fund for distribution to the 36
Florida Highway Patrol to fund certain training and 37
technology; providing an effective date. 38
39
Be It Enacted by the Legislature of the State of Florida: 40
41
Section 1. Subsection (3) of section 316.3026, Florida 42
Statutes, is renumbered as subsection (4), subsection (1) is 43
amended, and a new subsection (3) and subsection (5) are added 44
to that section, to read: 45
316.3026 Unlawful operation of motor carriers.— 46
(1) The Office of Commercial Vehicle Enforcement may issue 47
out-of-service orders to motor carriers, as defined in s. 48
320.01, who, after proper notice, have failed to pay any penalty 49
or fine assessed by the department, or its agent, against any 50

HB 1247 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1247-00
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owner or motor carrier for violations of state law, refused to 51
submit to a compliance review and provide records pursuant to s. 52
316.302(6) or s. 316.70, or violated safety regulations pursuant 53
to s. 316.302 or insurance requirements in s. 627.7415. Such 54
out-of-service orders have the effect of prohibiting the 55
operations of any motor vehicles owned, leased, or otherwise 56
operated by the motor carrier upon the roadways of this state, 57
until the violations have been corrected or penalties have been 58
paid. Out-of-service orders must be approved by the director of 59
the Division of the Florida Highway Patrol or his or her 60
designee. An administrative hearing pursuant to s. 120.569 shall 61
be afforded to motor carriers subject to such orders. 62
(3)(a) It is the policy of this state to address the 63
emerging issue of commercial motor vehicle operation by 64
unauthorized aliens who are not authorized to operate in this 65
state pursuant to s. 322.033 and who may not meet English 66
language proficiency requirements or have the operational 67
understanding to safely operate such vehicles. This threat to 68
the life and safety of the motoring public is deemed an imminent 69
safety hazard. Commercial motor vehicle operators in this state 70
must be lawfully present in the United States; have a valid 71
driver license; understand the English language; be able to read 72
and follow roadway signage, rules, regulations, laws, and 73
directions; and be able to communicate effectively with law 74
enforcement officers. 75

HB 1247 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1247-00
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(b) A sworn law enforcement officer who has the authority 76
to take an unauthorized alien as defined in s. 908.111(1) into 77
custody pursuant to an agreement established under s. 2