Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 220
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2015           .                                

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