Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1092
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/18/2014           .                                

    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective October 1, 2014, subsection (7) of
    6  section 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         (7) There is created within the Department of
   10  Transportation the Commercial Motor Vehicle Review Board,
   11  consisting of three permanent members who shall be the Secretary
   12  of the Department of Transportation, the executive director of
   13  the Department of Highway Safety and Motor Vehicles, and the
   14  Commissioner of Agriculture, or their authorized
   15  representatives, and three additional members appointed pursuant
   16  to paragraph (b), which may review any penalty imposed upon any
   17  vehicle or person under the provisions of this chapter relating
   18  to weights imposed on the highways by the axles and wheels of
   19  motor vehicles, to special fuel and motor fuel tax compliance,
   20  or to violations of safety regulations.
   21         (a) The Secretary of the Department of Transportation or
   22  his or her authorized representative shall be the chair of the
   23  review board.
   24         (b) The Governor shall appoint a fourth member from the
   25  road construction industry and a fifth member from the trucking
   26  industry, and the Commissioner of Agriculture shall appoint a
   27  sixth member from the agriculture industry. Each member
   28  appointed under this paragraph must be a registered voter and
   29  citizen of the state and must possess business experience in the
   30  private sector. Members appointed pursuant to this paragraph
   31  shall each serve a 2-year term. A vacancy occurring during the
   32  term of a member appointed under this paragraph shall be filled
   33  only for the balance of the unexpired term. Members of the board
   34  appointed under this paragraph may be removed from office by the
   35  Governor for misconduct, malfeasance, misfeasance, or
   36  nonfeasance in office Each permanent member of the review board
   37  may designate one additional person to be a member of the review
   38  board.
   39         (c) Each member, before entering upon his or her official
   40  duties, shall take and subscribe to an oath before an official
   41  authorized by law to administer oaths that he or she will
   42  honestly, faithfully, and impartially perform the duties
   43  devolving upon him or her in office as a member of the review
   44  board and that he or she will not neglect any duties imposed
   45  upon him or her by s. 316.3025, s. 316.550, or this section The
   46  review board may execute its responsibilities by meeting as a
   47  single group or as subgroups consisting of one authorized
   48  representative of each permanent member.
   49         (d) The chair of the review board is responsible for the
   50  administrative functions of the review board.
   51         (e) Four members of the board shall constitute a quorum,
   52  and the vote of three members including the chair, or otherwise
   53  four members, shall be necessary for any action taken by the
   54  board. A vacancy on the board shall not impair the right of a
   55  quorum of the board to exercise all of the rights and perform
   56  all of the duties of the board.
   57         (f)(e) The review board may hold sessions and conduct
   58  proceedings at any place within the state.
   59         Section 2. The appointment of additional members to the
   60  Commercial Motor Vehicle Review Board in accordance with changes
   61  made by this act to s. 316.545, Florida Statutes, shall be made
   62  no later than September 1, 2014, for terms beginning October 1,
   63  2014.
   64         Section 3. Except as otherwise expressly provided in this
   65  act, this act shall take effect July 1, 2014.
   67  ================= T I T L E  A M E N D M E N T ================
   68  And the title is amended as follows:
   69         Delete everything before the enacting clause
   70  and insert:
   71                        A bill to be entitled                      
   72         An act relating to the Commercial Motor Vehicle Review
   73         Board; amending s. 316.545, F.S.; revising membership
   74         of the board; providing for appointment of additional
   75         members by the Governor and the Commissioner of
   76         Agriculture; providing for terms of the additional
   77         members; providing qualifications for such members;
   78         providing for removal of members by the Governor under
   79         certain circumstances; providing for action by a
   80         quorum of the board; requiring that the additional
   81         appointments be made by a specified date; providing
   82         effective dates.