Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for HB 145
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .          Floor: SA1/C          
             04/24/2015 10:06 AM       .      04/28/2015 12:59 PM       

       Senator Simpson moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) and paragraph (a) of subsection
    6  (2) of section 316.545, Florida Statutes, are amended to read:
    7         316.545 Weight and load unlawful; special fuel and motor
    8  fuel tax enforcement; inspection; penalty; review.—
    9         (1) Any officer of the Florida Highway Patrol having reason
   10  to believe that the weight of a vehicle and load is unlawful is
   11  authorized to require the driver to stop and submit to a
   12  weighing of the same by means of either portable or fixed scales
   13  and may require that such vehicle be driven to the nearest weigh
   14  station or public scales, provided such a facility is within 5
   15  highway miles. Upon a request by the vehicle driver, the officer
   16  shall weigh the vehicle at fixed scales rather than by portable
   17  scales if such a facility is available within 5 highway miles.
   18  Anyone who refuses to submit to such weighing obstructs an
   19  officer pursuant to s. 843.02 and is guilty of a misdemeanor of
   20  the first degree, punishable as provided in s. 775.082 or s.
   21  775.083. Anyone who knowingly and willfully resists, obstructs,
   22  or opposes a weight and safety officer while refusing to submit
   23  to such weighing by resisting the officer with violence to the
   24  officer’s person pursuant to s. 843.01 is guilty of a felony of
   25  the third degree, punishable as provided in s. 775.082, s.
   26  775.083, or s. 775.084.
   27         (2)(a) Whenever an officer of the Florida Highway Patrol or
   28  weight inspector of the Department of Transportation, upon
   29  weighing a vehicle or combination of vehicles with load,
   30  determines that the axle weight or gross weight is unlawful, the
   31  officer may require the driver to stop the vehicle in a suitable
   32  place and remain standing until a determination can be made as
   33  to the amount of weight thereon and, if overloaded, the amount
   34  of penalty to be assessed as provided herein. However, any gross
   35  weight over and beyond 6,000 pounds beyond the maximum herein
   36  set shall be unloaded and all material so unloaded shall be
   37  cared for by the owner or operator of the vehicle at the risk of
   38  such owner or operator. Except as otherwise provided in this
   39  chapter, to facilitate compliance with and enforcement of the
   40  weight limits established in s. 316.535, weight tables published
   41  pursuant to s. 316.535(7) shall include a 10-percent scale
   42  tolerance and shall thereby reflect the maximum scaled weights
   43  allowed any vehicle or combination of vehicles. As used in this
   44  section, scale tolerance means the allowable deviation from
   45  legal weights established in s. 316.535. Notwithstanding any
   46  other provision of the weight law, if a vehicle or combination
   47  of vehicles does not exceed the gross, external bridge, or
   48  internal bridge weight limits imposed in s. 316.535 and the
   49  driver of such vehicle or combination of vehicles can comply
   50  with the requirements of this chapter by shifting or equalizing
   51  the load on all wheels or axles and does so when requested by
   52  the proper authority, the driver shall not be held to be
   53  operating in violation of said weight limits. When a driver is
   54  issued a citation for exceeding the weight limits established in
   55  s. 316.535 as determined by means of portable scales, the driver
   56  may request to proceed to the nearest fixed scale at an official
   57  weigh station or at a certified public scale for verification of
   58  weight. The officer who issued the citation must escort the
   59  driver at all times and must attend the reweighing. If the
   60  vehicle or combination of vehicles is found to be in compliance
   61  with the weight requirements of this chapter at the fixed scale,
   62  the citation is void.
   63         Section 2. Effective October 1, 2015, subsection (7) of
   64  section 316.545, Florida Statutes, is amended to read:
   65         316.545 Weight and load unlawful; special fuel and motor
   66  fuel tax enforcement; inspection; penalty; review.—
   67         (7) There is created within the Department of
   68  Transportation the Commercial Motor Vehicle Review Board,
   69  consisting of three permanent members who shall be the Secretary
   70  of the Department of Transportation, the executive director of
   71  the Department of Highway Safety and Motor Vehicles, and the
   72  Commissioner of Agriculture, or their authorized
   73  representatives, and four additional members appointed pursuant
   74  to paragraph (b), which may review any penalty imposed upon any
   75  vehicle or person under the provisions of this chapter relating
   76  to weights imposed on the highways by the axles and wheels of
   77  motor vehicles, to special fuel and motor fuel tax compliance,
   78  or to violations of safety regulations.
   79         (a) The Secretary of the Department of Transportation or
   80  his or her authorized representative shall be the chair of the
   81  review board.
   82         (b) The Governor shall appoint one member from the road
   83  construction industry, one member from the trucking industry,
   84  and one member with a general business or legal background. The
   85  Commissioner of Agriculture shall appoint one member from the
   86  agriculture industry. Each member appointed under this paragraph
   87  must be a registered voter and resident of the state and must
   88  possess business experience in the private sector. Members
   89  appointed pursuant to this paragraph shall each serve a 2-year
   90  term. A vacancy occurring during the term of a member appointed
   91  under this paragraph shall be filled only for the remainder of
   92  the unexpired term. Members of the board appointed under this
   93  paragraph may be removed from office by the Governor for
   94  misconduct, malfeasance, misfeasance, or nonfeasance in office
   95  Each permanent member of the review board may designate one
   96  additional person to be a member of the review board.
   97         (c) Each member, before entering upon his or her official
   98  duties, shall take and subscribe to an oath before an official
   99  authorized by law to administer oaths that he or she will
  100  honestly, faithfully, and impartially perform the duties
  101  devolving upon him or her in office as a member of the review
  102  board and that he or she will not neglect any duties imposed
  103  upon him or her by s. 316.3025, s. 316.550, or this section The
  104  review board may execute its responsibilities by meeting as a
  105  single group or as subgroups consisting of one authorized
  106  representative of each permanent member.
  107         (d) The chair of the review board is responsible for the
  108  administrative functions of the review board.
  109         (e) Four members of the board constitute a quorum, and the
  110  vote of four members shall be necessary for any action taken by
  111  the board. A vacancy on the board does not impair the right of a
  112  quorum of the board to exercise all of the rights and perform
  113  all of the duties of the board.
  114         (f)(e) The review board may hold sessions and conduct
  115  proceedings at any place within the state. As an alternative to
  116  physical appearance, and in addition to any other method of
  117  appearance authorized by rule, the Department of Transportation
  118  shall provide space and video conference capability at each
  119  district office to enable a person requesting a hearing to
  120  appear remotely before the board, regardless of the physical
  121  location of the board proceeding.
  122         Section 3. The appointment of additional members to the
  123  Commercial Motor Vehicle Review Board in accordance with the
  124  changes made by this act to s. 316.545, Florida Statutes, shall
  125  be made by September 1, 2015, for terms beginning October 1,
  126  2015.
  127         Section 4. Except as otherwise expressly provided in this
  128  act, this act shall take effect July 1, 2015.
  131  ================= T I T L E  A M E N D M E N T ================
  132  And the title is amended as follows:
  133         Delete everything before the enacting clause
  134  and insert:
  135                        A bill to be entitled                      
  136         An act relating to the Commercial Motor Vehicle Review
  137         Board; amending s. 316.545, F.S.; deleting a provision
  138         authorizing any officer of the Florida Highway Patrol
  139         to require that a vehicle be driven to the nearest
  140         weigh station or public scales under certain
  141         circumstances; deleting a provision requiring the
  142         officer to weigh the vehicle at fixed scales rather
  143         than by portable scales upon a request by the vehicle
  144         driver under certain circumstances; authorizing a
  145         driver to request to proceed to the nearest fixed
  146         scale at an official weigh station or a certified
  147         public scale when he or she is issued a citation for
  148         exceeding weight limits; requiring the officer issuing
  149         the citation to escort the driver and attend the
  150         reweighing; voiding the citation if the vehicle or
  151         combination of vehicles is found to be in compliance
  152         with certain weight requirements; revising the
  153         membership of the board; providing for appointment of
  154         additional members by the Governor and the
  155         Commissioner of Agriculture; providing for terms of
  156         the additional members providing qualifications for
  157         such members; providing for removal of members by the
  158         Governor under certain circumstances; providing for
  159         action by a quorum of the board; requiring the
  160         Department of Transportation to provide space and
  161         video conference capability at each district office to
  162         enable a person requesting a hearing to appear
  163         remotely before the board; requiring that the
  164         additional appointments be made by a specified date;
  165         providing effective dates.