Florida Senate - 2015                                     SB 220
       By Senator Simpson
       18-00515-15                                            2015220__
    1                        A bill to be entitled                      
    2         An act relating to the Commercial Motor Vehicle Review
    3         Board; amending s. 316.545, F.S.; revising the
    4         membership of the board; providing for appointment of
    5         additional members by the Governor and the
    6         Commissioner of Agriculture; providing for terms of
    7         the additional members; providing qualifications for
    8         such members; providing for removal of members by the
    9         Governor under certain circumstances; providing for
   10         action by a quorum of the board; requiring that the
   11         additional appointments be made by a specified date;
   12         providing effective dates.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Effective October 1, 2015, subsection (7) of
   17  section 316.545, Florida Statutes, is amended to read:
   18         316.545 Weight and load unlawful; special fuel and motor
   19  fuel tax enforcement; inspection; penalty; review.—
   20         (7) There is created within the Department of
   21  Transportation the Commercial Motor Vehicle Review Board,
   22  consisting of three permanent members who shall be the Secretary
   23  of the Department of Transportation, the executive director of
   24  the Department of Highway Safety and Motor Vehicles, and the
   25  Commissioner of Agriculture, or their authorized
   26  representatives, and four additional members appointed pursuant
   27  to paragraph (b), which may review any penalty imposed upon any
   28  vehicle or person under the provisions of this chapter relating
   29  to weights imposed on the highways by the axles and wheels of
   30  motor vehicles, to special fuel and motor fuel tax compliance,
   31  or to violations of safety regulations.
   32         (a) The Secretary of the Department of Transportation or
   33  his or her authorized representative shall be the chair of the
   34  review board.
   35         (b) The Governor shall appoint one member from the road
   36  construction industry, one member from the trucking industry,
   37  and one member with a general business or legal background. The
   38  Commissioner of Agriculture shall appoint one member from the
   39  agriculture industry. Each member appointed under this paragraph
   40  must be a registered voter and citizen of the state and must
   41  possess business experience in the private sector. Members
   42  appointed pursuant to this paragraph shall each serve a 2-year
   43  term. A vacancy occurring during the term of a member appointed
   44  under this paragraph shall be filled only for the remainder of
   45  the unexpired term. Members of the board appointed under this
   46  paragraph may be removed from office by the Governor for
   47  misconduct, malfeasance, misfeasance, or nonfeasance in office
   48  Each permanent member of the review board may designate one
   49  additional person to be a member of the review board.
   50         (c) Each member, before entering upon his or her official
   51  duties, shall take and subscribe to an oath before an official
   52  authorized by law to administer oaths that he or she will
   53  honestly, faithfully, and impartially perform the duties
   54  devolving upon him or her in office as a member of the review
   55  board and that he or she will not neglect the duties imposed
   56  upon him or her by s. 316.3025, s. 316.550, or this section The
   57  review board may execute its responsibilities by meeting as a
   58  single group or as subgroups consisting of one authorized
   59  representative of each permanent member.
   60         (d) The chair of the review board is responsible for the
   61  administrative functions of the review board.
   62         (e) Four members of the board shall constitute a quorum,
   63  and the vote of four members shall be necessary for any action
   64  taken by the board. A vacancy on the board shall not impair the
   65  right of a quorum of the board to exercise all of the rights and
   66  perform all of the duties of the board.
   67         (f)(e) The review board may hold sessions and conduct
   68  proceedings at any place within the state.
   69         Section 2. The appointment of additional members to the
   70  Commercial Motor Vehicle Review Board in accordance with the
   71  changes made by this act to s. 316.545, Florida Statutes, shall
   72  be made by September 1, 2015, for terms beginning October 1,
   73  2015.
   74         Section 3. Except as otherwise expressly provided in this
   75  act, this act shall take effect July 1, 2015.