Florida Senate - 2015                CS for CS for CS for SB 220
       By the Committees on Fiscal Policy; Governmental Oversight and
       Accountability; and Transportation; and Senator Simpson
       594-03413-15                                           2015220c3
    1                        A bill to be entitled                      
    2         An act relating to the Commercial Motor Vehicle Review
    3         Board; amending s. 316.545, F.S.; deleting a provision
    4         authorizing any officer of the Florida Highway Patrol
    5         to require that a vehicle be driven to the nearest
    6         weigh station or public scales under certain
    7         circumstances; deleting a provision requiring the
    8         officer to weigh the vehicle at fixed scales rather
    9         than by portable scales upon a request by the vehicle
   10         driver under certain circumstances; authorizing a
   11         driver to request to proceed to the nearest fixed
   12         scale at an official weigh station or a certified
   13         public scale when he or she is issued a citation for
   14         exceeding weight limits; requiring the officer issuing
   15         the citation to escort the driver and attend the
   16         reweighing; voiding the citation if the vehicle or
   17         combination of vehicles is found to be in compliance
   18         with certain weight requirements; revising the
   19         membership of the board; providing for appointment of
   20         additional members by the Governor and the
   21         Commissioner of Agriculture; providing for terms of
   22         the additional members providing qualifications for
   23         such members; providing for removal of members by the
   24         Governor under certain circumstances; providing for
   25         action by a quorum of the board; requiring the
   26         Department of Transportation to provide space and
   27         video conference capability at each district office to
   28         enable a person requesting a hearing to appear
   29         remotely before the board; requiring that the
   30         additional appointments be made by a specified date;
   31         providing effective dates.
   33  Be It Enacted by the Legislature of the State of Florida:
   35         Section 1. Subsection (1) and paragraph (a) of subsection
   36  (2) of section 316.545, Florida Statutes, are amended to read:
   37         316.545 Weight and load unlawful; special fuel and motor
   38  fuel tax enforcement; inspection; penalty; review.—
   39         (1) Any officer of the Florida Highway Patrol having reason
   40  to believe that the weight of a vehicle and load is unlawful is
   41  authorized to require the driver to stop and submit to a
   42  weighing of the same by means of either portable or fixed scales
   43  and may require that such vehicle be driven to the nearest weigh
   44  station or public scales, provided such a facility is within 5
   45  highway miles. Upon a request by the vehicle driver, the officer
   46  shall weigh the vehicle at fixed scales rather than by portable
   47  scales if such a facility is available within 5 highway miles.
   48  Anyone who refuses to submit to such weighing obstructs an
   49  officer pursuant to s. 843.02 and is guilty of a misdemeanor of
   50  the first degree, punishable as provided in s. 775.082 or s.
   51  775.083. Anyone who knowingly and willfully resists, obstructs,
   52  or opposes a weight and safety officer while refusing to submit
   53  to such weighing by resisting the officer with violence to the
   54  officer’s person pursuant to s. 843.01 is guilty of a felony of
   55  the third degree, punishable as provided in s. 775.082, s.
   56  775.083, or s. 775.084.
   57         (2)(a) Whenever an officer of the Florida Highway Patrol or
   58  weight inspector of the Department of Transportation, upon
   59  weighing a vehicle or combination of vehicles with load,
   60  determines that the axle weight or gross weight is unlawful, the
   61  officer may require the driver to stop the vehicle in a suitable
   62  place and remain standing until a determination can be made as
   63  to the amount of weight thereon and, if overloaded, the amount
   64  of penalty to be assessed as provided herein. However, any gross
   65  weight over and beyond 6,000 pounds beyond the maximum herein
   66  set shall be unloaded and all material so unloaded shall be
   67  cared for by the owner or operator of the vehicle at the risk of
   68  such owner or operator. Except as otherwise provided in this
   69  chapter, to facilitate compliance with and enforcement of the
   70  weight limits established in s. 316.535, weight tables published
   71  pursuant to s. 316.535(7) shall include a 10-percent scale
   72  tolerance and shall thereby reflect the maximum scaled weights
   73  allowed any vehicle or combination of vehicles. As used in this
   74  section, scale tolerance means the allowable deviation from
   75  legal weights established in s. 316.535. Notwithstanding any
   76  other provision of the weight law, if a vehicle or combination
   77  of vehicles does not exceed the gross, external bridge, or
   78  internal bridge weight limits imposed in s. 316.535 and the
   79  driver of such vehicle or combination of vehicles can comply
   80  with the requirements of this chapter by shifting or equalizing
   81  the load on all wheels or axles and does so when requested by
   82  the proper authority, the driver shall not be held to be
   83  operating in violation of said weight limits. When a driver is
   84  issued a citation for exceeding the weight limits established in
   85  s. 316.535 as determined by means of portable scales, the driver
   86  may request to proceed to the nearest fixed scale at an official
   87  weigh station or at a certified public scale for verification of
   88  weight. The officer who issued the citation must escort the
   89  driver at all times and must attend the reweighing. If the
   90  vehicle or combination of vehicles is found to be in compliance
   91  with the weight requirements of this chapter at the fixed scale,
   92  the citation is void.
   93         Section 2. Effective October 1, 2015, subsection (7) of
   94  section 316.545, Florida Statutes, is amended to read:
   95         316.545 Weight and load unlawful; special fuel and motor
   96  fuel tax enforcement; inspection; penalty; review.—
   97         (7) There is created within the Department of
   98  Transportation the Commercial Motor Vehicle Review Board,
   99  consisting of three permanent members who shall be the Secretary
  100  of the Department of Transportation, the executive director of
  101  the Department of Highway Safety and Motor Vehicles, and the
  102  Commissioner of Agriculture, or their authorized
  103  representatives, and four additional members appointed pursuant
  104  to paragraph (b), which may review any penalty imposed upon any
  105  vehicle or person under the provisions of this chapter relating
  106  to weights imposed on the highways by the axles and wheels of
  107  motor vehicles, to special fuel and motor fuel tax compliance,
  108  or to violations of safety regulations.
  109         (a) The Secretary of the Department of Transportation or
  110  his or her authorized representative shall be the chair of the
  111  review board.
  112         (b) The Governor shall appoint one member from the road
  113  construction industry, one member from the trucking industry,
  114  and one member with a general business or legal background. The
  115  Commissioner of Agriculture shall appoint one member from the
  116  agriculture industry. Each member appointed under this paragraph
  117  must be a registered voter and resident of the state and must
  118  possess business experience in the private sector. Members
  119  appointed pursuant to this paragraph shall each serve a 2-year
  120  term. A vacancy occurring during the term of a member appointed
  121  under this paragraph shall be filled only for the remainder of
  122  the unexpired term. Members of the board appointed under this
  123  paragraph may be removed from office by the Governor for
  124  misconduct, malfeasance, misfeasance, or nonfeasance in office
  125  Each permanent member of the review board may designate one
  126  additional person to be a member of the review board.
  127         (c) Each member, before entering upon his or her official
  128  duties, shall take and subscribe to an oath before an official
  129  authorized by law to administer oaths that he or she will
  130  honestly, faithfully, and impartially perform the duties
  131  devolving upon him or her in office as a member of the review
  132  board and that he or she will not neglect any duties imposed
  133  upon him or her by s. 316.3025, s. 316.550, or this section The
  134  review board may execute its responsibilities by meeting as a
  135  single group or as subgroups consisting of one authorized
  136  representative of each permanent member.
  137         (d) The chair of the review board is responsible for the
  138  administrative functions of the review board.
  139         (e) Four members of the board constitute a quorum, and the
  140  vote of four members shall be necessary for any action taken by
  141  the board. A vacancy on the board does not impair the right of a
  142  quorum of the board to exercise all of the rights and perform
  143  all of the duties of the board.
  144         (f)(e) The review board may hold sessions and conduct
  145  proceedings at any place within the state. As an alternative to
  146  physical appearance, and in addition to any other method of
  147  appearance authorized by rule, the Department of Transportation
  148  shall provide space and video conference capability at each
  149  district office to enable a person requesting a hearing to
  150  appear remotely before the board, regardless of the physical
  151  location of the board proceeding.
  152         Section 3. The appointment of additional members to the
  153  Commercial Motor Vehicle Review Board in accordance with the
  154  changes made by this act to s. 316.545, Florida Statutes, shall
  155  be made by September 1, 2015, for terms beginning October 1,
  156  2015.
  157         Section 4. Except as otherwise expressly provided in this
  158  act, this act shall take effect July 1, 2015.