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HB 1247 2026
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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
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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
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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
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
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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
(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. 287(g) of 78
the Immigration and Nationality Act, 8 U.S.C. s. 1357 and who 79
determines that an unauthorized alien is operating a commercial 80
motor vehicle shall take such unauthorized alien into custody 81
and facilitate his or her transfer into the custody of a federal 82
immigration agency as defined in s. 908.102 consistent with 83
federal and state law. The commercial motor vehicle operated by 84
the unauthorized alien must be impounded and removed to a secure 85
wrecker operator's storage facility or a law enforcement impound 86
lot. The sworn law enforcement officer shall immediately notify 87
the Florida Highway Patrol that such unauthorized alien has been 88
taken into custody and provide information necessary for the 89
issuance of an out-of-service order to the motor carrier, 90
including, but not limited to, the offense report or incident 91
report; any video and audio recordings of the incident; any 92
photographs of the unauthorized alien and the commercial motor 93
vehicle; the name of the motor carrier; the United States 94
Department of Transportation number displayed on the commercial 95
motor vehicle; the commercial motor vehicle's registration 96
number, license plate number, and vehicle identification number; 97
and any insurance policy information. 98
(c) If an unauthorized alien is taken into custody and a 99
commercial motor vehicle is impounded under paragraph (b), the 100
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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
motor carrier is liable for a civil penalty of $50,000. This 101
penalty is in addition to any other applicable penalty. A 102
commercial motor vehicle impounded under paragraph (b) may not 103
be released to the motor carrier or the owner's agent unless the 104
civil penalty is paid or a bond is posted in accordance with s. 105
316.545(5) and any costs associated with the impoundment, 106
including costs for towing and storing the commercial motor 107
vehicle and providing legal notice of the impoundment, are paid. 108
The Office of Commercial Vehicle Enforcement shall issue an out-109
of-service order to the motor carrier. 110
(d) If, during a department investigation, safety audit, 111
or normal business activity, it is discovered that a motor 112
carrier has allowed, within the last 12 months, or is allowing 113
an unauthorized alien to operate a commercial motor vehicle in 114
violation of this subsection, the Office of Commercial Vehicle 115
Enforcement may issue an out-of-service order to and impose a 116
civil penalty of $50,000 upon the motor carrier. 117
(e) A motor carrier operating in this state is subject to 118
penalties under paragraph (d) if the department finds that the 119
motor carrier was issued an out-of-service order by any other 120
state or the Federal Motor Carrier Safety Administration for 121
allowing an unauthorized alien to operate a commercial motor 122
vehicle within the last 12 months or has an unresolved out-of-123
service order related to allowing an unauthorized alien to 124
operate a commercial motor vehicle. 125
HB 1247 2026
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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
(f) An out-of-service order issued under this subsection 126
must be approved by the director of the Division of the Florida 127
Highway Patrol or his or her designee. Further, an out-of-128
service order issued under this subsection may be removed only 129
after the department has approved a corrective action plan 130
agreed to by the motor carrier and the motor carrier has paid 131
any civil penalties, or as provided by a decision rendered in a 132
proceeding held under subsection (5). 133
(g) All penalties imposed and collected pursuant to this 134
subsection shall be paid to the Chief Financial Officer, who 135
shall credit the funds to the Highway Safety Operating Trust 136
Fund within the department to fund training and technology 137
necessary to enforce this subsection. 138
(5) An administrative hearing pursuant to s. 120.569 must 139
be afforded to a motor carrier subject to an out-of-service 140
order pursuant to this section. 141
Section 2. This act shall take effect July 1, 2026. 142