Florida Senate - 2015                       CS for CS for SB 220
       By the Committees on Governmental Oversight and Accountability;
       and Transportation; and Senator Simpson
       585-02712-15                                           2015220c2
    1                        A bill to be entitled                      
    2         An act relating to the Commercial Motor Vehicle Review
    3         Board; amending s. 316.545, F.S.; providing for an
    4         appeal to the board for an excess weight citation
    5         under certain circumstances; providing for citation
    6         revocation by the board; revising the membership of
    7         the board; providing for appointment of additional
    8         members by the Governor and the Commissioner of
    9         Agriculture; providing for terms of the additional
   10         members; providing qualifications for such members;
   11         providing for removal of members by the Governor under
   12         certain circumstances; providing for action by a
   13         quorum of the board; requiring the Department of
   14         Transportation to provide space and video conference
   15         capability at each district office to enable a person
   16         requesting a hearing to appear remotely before the
   17         board; requiring that the additional appointments be
   18         made by a specified date; providing effective dates.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Paragraph (a) of subsection (2) of section
   23  316.545, Florida Statutes, is amended to read:
   24         316.545 Weight and load unlawful; special fuel and motor
   25  fuel tax enforcement; inspection; penalty; review.—
   26         (2)(a) Whenever an officer of the Florida Highway Patrol or
   27  weight inspector of the Department of Transportation, upon
   28  weighing a vehicle or combination of vehicles with load,
   29  determines that the axle weight or gross weight is unlawful, the
   30  officer may require the driver to stop the vehicle in a suitable
   31  place and remain standing until a determination can be made as
   32  to the amount of weight thereon and, if overloaded, the amount
   33  of penalty to be assessed as provided herein. However, any gross
   34  weight over and beyond 6,000 pounds beyond the maximum herein
   35  set shall be unloaded and all material so unloaded shall be
   36  cared for by the owner or operator of the vehicle at the risk of
   37  such owner or operator. Except as otherwise provided in this
   38  chapter, to facilitate compliance with and enforcement of the
   39  weight limits established in s. 316.535, weight tables published
   40  pursuant to s. 316.535(7) shall include a 10-percent scale
   41  tolerance and shall thereby reflect the maximum scaled weights
   42  allowed any vehicle or combination of vehicles. As used in this
   43  section, scale tolerance means the allowable deviation from
   44  legal weights established in s. 316.535. Notwithstanding any
   45  other provision of the weight law, if a vehicle or combination
   46  of vehicles does not exceed the gross, external bridge, or
   47  internal bridge weight limits imposed in s. 316.535 and the
   48  driver of such vehicle or combination of vehicles can comply
   49  with the requirements of this chapter by shifting or equalizing
   50  the load on all wheels or axles and does so when requested by
   51  the proper authority, the driver shall not be held to be
   52  operating in violation of said weight limits. When a driver is
   53  issued a citation for exceeding weight limits established in s.
   54  316.535 determined by means of portable scales, the driver may
   55  proceed to the next weigh station or public scales for
   56  verification of weight. If the vehicle is found to be in
   57  compliance with the weight requirements of this chapter at the
   58  fixed scale, the driver may submit by United States mail both
   59  the portable scale citation and certified scale ticket to the
   60  Commercial Motor Vehicle Review Board for revocation of the
   61  citation.
   62         Section 2. Effective October 1, 2015, subsection (7) of
   63  section 316.545, Florida Statutes, is amended to read:
   64         316.545 Weight and load unlawful; special fuel and motor
   65  fuel tax enforcement; inspection; penalty; review.—
   66         (7) There is created within the Department of
   67  Transportation the Commercial Motor Vehicle Review Board,
   68  consisting of three permanent members who shall be the Secretary
   69  of the Department of Transportation, the executive director of
   70  the Department of Highway Safety and Motor Vehicles, and the
   71  Commissioner of Agriculture, or their authorized
   72  representatives, and four additional members appointed pursuant
   73  to paragraph (b), which may review any penalty imposed upon any
   74  vehicle or person under the provisions of this chapter relating
   75  to weights imposed on the highways by the axles and wheels of
   76  motor vehicles, to special fuel and motor fuel tax compliance,
   77  or to violations of safety regulations.
   78         (a) The Secretary of the Department of Transportation or
   79  his or her authorized representative shall be the chair of the
   80  review board.
   81         (b) The Governor shall appoint one member from the road
   82  construction industry, one member from the trucking industry,
   83  and one member with a general business or legal background. The
   84  Commissioner of Agriculture shall appoint one member from the
   85  agriculture industry. Each member appointed under this paragraph
   86  must be a registered voter and resident of the state and must
   87  possess business experience in the private sector. Members
   88  appointed pursuant to this paragraph shall each serve a 2-year
   89  term. A vacancy occurring during the term of a member appointed
   90  under this paragraph shall be filled only for the remainder of
   91  the unexpired term. Members of the board appointed under this
   92  paragraph may be removed from office by the Governor for
   93  misconduct, malfeasance, misfeasance, or nonfeasance in office
   94  Each permanent member of the review board may designate one
   95  additional person to be a member of the review board.
   96         (c) Each member, before entering upon his or her official
   97  duties, shall take and subscribe to an oath before an official
   98  authorized by law to administer oaths that he or she will
   99  honestly, faithfully, and impartially perform the duties
  100  devolving upon him or her in office as a member of the review
  101  board and that he or she will not neglect any duties imposed
  102  upon him or her by s. 316.3025, s. 316.550, or this section The
  103  review board may execute its responsibilities by meeting as a
  104  single group or as subgroups consisting of one authorized
  105  representative of each permanent member.
  106         (d) The chair of the review board is responsible for the
  107  administrative functions of the review board.
  108         (e) Four members of the board constitute a quorum, and the
  109  vote of four members shall be necessary for any action taken by
  110  the board. A vacancy on the board does not impair the right of a
  111  quorum of the board to exercise all of the rights and perform
  112  all of the duties of the board.
  113         (f)(e) The review board may hold sessions and conduct
  114  proceedings at any place within the state. As an alternative to
  115  physical appearance, and in addition to any other method of
  116  appearance authorized by rule, the Department of Transportation
  117  shall provide space and video conference capability at each
  118  district office to enable a person requesting a hearing to
  119  appear remotely before the board, regardless of the physical
  120  location of the board proceeding.
  121         Section 3. The appointment of additional members to the
  122  Commercial Motor Vehicle Review Board in accordance with the
  123  changes made by this act to s. 316.545, Florida Statutes, shall
  124  be made by September 1, 2015, for terms beginning October 1,
  125  2015.
  126         Section 4. Except as otherwise expressly provided in this
  127  act, this act shall take effect July 1, 2015.