Florida SB 86: Peer Support for First Responders

Bill Text

86 
Commercial Motor Vehicles Operated by Unauthorized Aliens 
2026-01-29T10:46:52Z 
Declaring the policy of the state with respect to the operation of commercial motor vehicles by unauthorized aliens; 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; providing that motor carriers are liable for certain civil penalties, etc. 
Committee Substitute 1 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
c1 

 Florida Senate - 2026 CS for SB 86 

 By the Committee on Transportation; and Senator Gaetz 

 596-02235-26 202686c1 
 1 A bill to be entitled 
 2 An act relating to commercial motor vehicles operated 
 3 by unauthorized aliens; amending s. 316.3026, F.S.; 
 4 declaring the policy of the state with respect to the 
 5 operation of commercial motor vehicles by unauthorized 
 6 aliens; deeming a certain threat to be an imminent 
 7 safety hazard; providing requirements for commercial 
 8 motor vehicle operators; requiring sworn law 
 9 enforcement officers with certain authority to take 
 10 into custody persons determined to be unauthorized 
 11 aliens operating commercial motor vehicles and 
 12 facilitate the transfer of such persons into the 
 13 custody of a federal immigration agency; requiring the 
 14 impoundment and removal of a commercial motor vehicle 
 15 under certain circumstances; requiring such sworn law 
 16 enforcement officers to immediately provide certain 
 17 notification and information to the Florida Highway 
 18 Patrol; providing that motor carriers are liable for 
 19 certain civil penalties; prohibiting the release of 
 20 certain impounded commercial motor vehicles unless 
 21 certain penalties are paid or bonds are posted and 
 22 certain costs are paid; requiring the Office of 
 23 Commercial Vehicle Enforcement to issue certain out 
 24 of-service orders; authorizing the Office of 
 25 Commercial Vehicle Enforcement to issue out-of-service 
 26 orders to and impose civil penalties upon motor 
 27 carriers under certain circumstances; providing that 
 28 certain motor carriers are subject to certain 
 29 penalties; requiring the approval of such out-of 
 30 service orders by the director of the Division of the 
 31 Florida Highway Patrol or his or her designee; 
 32 providing the circumstances under which such out-of 
 33 service orders may be removed; providing for the 
 34 payment of certain penalties to the Chief Financial 
 35 Officer, who shall credit the funds to the State 
 36 Transportation Trust Fund for distribution to the 
 37 Florida Highway Patrol to fund certain training and 
 38 technology; providing an effective date. 
 39 
 40 Be It Enacted by the Legislature of the State of Florida: 
 41 
 42 Section 1. Present subsection (3) of section 316.3026, 
 43 Florida Statutes, is redesignated as subsection (4), a new 
 44 subsection (3) and subsection (5) are added to that section, and 
 45 subsection (1) of that section is amended, to read: 
 46 316.3026 Unlawful operation of motor carriers.— 
 47 (1) The Office of Commercial Vehicle Enforcement may issue 
 48 out-of-service orders to motor carriers, as defined in s. 
 49 320.01, who, after proper notice, have failed to pay any penalty 
 50 or fine assessed by the department, or its agent, against any 
 51 owner or motor carrier for violations of state law, refused to 
 52 submit to a compliance review and provide records pursuant to s. 
 53 316.302(6) or s. 316.70, or violated safety regulations pursuant 
 54 to s. 316.302 or insurance requirements in s. 627.7415. Such 
 55 out-of-service orders have the effect of prohibiting the 
 56 operations of any motor vehicles owned, leased, or otherwise 
 57 operated by the motor carrier upon the roadways of this state, 
 58 until the violations have been corrected or penalties have been 
 59 paid. Out-of-service orders must be approved by the director of 
 60 the Division of the Florida Highway Patrol or his or her 
 61 designee. An administrative hearing pursuant to s. 120.569 shall 
 62 be afforded to motor carriers subject to such orders. 
 63 (3)(a) It is the policy of the state to address the 
 64 emerging issue of commercial motor vehicle operation by 
 65 unauthorized aliens who are not authorized to operate in this 
 66 state pursuant to s. 322.033 and who may not meet English 
 67 language proficiency requirements or have the operational 
 68 understanding to safely operate such vehicles. This threat to 
 69 the life and safety of the motoring public is deemed an imminent 
 70 safety hazard. Commercial motor vehicle operators in this state 
 71 must be lawfully present in the United States; have a valid 
 72 driver license; understand the English language; be able to