Florida Senate - 2014                                    SB 1092
       By Senator Simpson
       18-00964A-14                                          20141092__
    1                        A bill to be entitled                      
    2         An act relating to the Commercial Motor Vehicle Review
    3         Board; transferring the board from the Department of
    4         Transportation to the Department of Agriculture and
    5         Consumer Services; amending s. 316.545, F.S.; revising
    6         membership of the board; requiring appointment of
    7         additional members; providing qualifications for such
    8         members; directing the Governor to make appointments
    9         to the board by a certain date; providing effective
   10         dates.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Effective October 1, 2014, the powers, duties,
   15  functions, records, personnel, property, pending issues,
   16  existing contracts, administrative authority, pending review
   17  proceedings, administrative rules, and unexpended balances of
   18  appropriations, allocations, and other funds of the Commercial
   19  Motor Vehicle Review Board within the Department of
   20  Transportation are transferred by a type two transfer as defined
   21  in s. 20.06(2), Florida Statutes, to the Department of
   22  Agriculture and Consumer Services.
   23         Section 2. Effective October 1, 2014, subsection (7) of
   24  section 316.545, Florida Statutes, is amended to read:
   25         316.545 Weight and load unlawful; special fuel and motor
   26  fuel tax enforcement; inspection; penalty; review.—
   27         (7) There is created within the Department of Agriculture
   28  and Consumer Services Department of Transportation the
   29  Commercial Motor Vehicle Review Board, consisting of two three
   30  permanent members who shall be the Secretary of the Department
   31  of Transportation, the executive director of the Department of
   32  Highway Safety and Motor Vehicles, and the Commissioner of
   33  Agriculture and the executive director of the Department of Law
   34  Enforcement, or their authorized representatives, and three
   35  members appointed by the Governor. The board which may review
   36  any penalty imposed upon any vehicle or person under the
   37  provisions of this chapter relating to weights imposed on the
   38  highways by the axles and wheels of motor vehicles, to special
   39  fuel and motor fuel tax compliance, or to violations of safety
   40  regulations. The Department of Highway Safety and Motor Vehicles
   41  and the Department of Transportation shall provide the board
   42  with such assistance, information, and documents as requested by
   43  the board to enable the board to fulfill its duties and
   44  responsibilities.
   45         (a) The Commissioner of Agriculture Secretary of the
   46  Department of Transportation or his or her authorized
   47  representative shall be the chair of the review board.
   48         (b) Members of the board appointed by the Governor shall
   49  each serve a 4-year term. Each appointed member must be a
   50  registered voter and a citizen of this state and must possess
   51  business experience in the private sector. There must be one
   52  appointed member each from the agriculture industry, the
   53  trucking industry, and the road construction industry Each
   54  permanent member of the review board may designate one
   55  additional person to be a member of the review board.
   56         (c) Members of the board shall serve without compensation;
   57  however, appointed members are entitled to per diem and travel
   58  expenses pursuant to s. 112.061 The review board may execute its
   59  responsibilities by meeting as a single group or as subgroups
   60  consisting of one authorized representative of each permanent
   61  member.
   62         (d) The chair of the review board is responsible for the
   63  administrative functions of the review board.
   64         (e) The review board may hold sessions and conduct
   65  proceedings at any place within the state.
   66         Section 3. The appointments by the Governor to the
   67  Commercial Motor Vehicle Review Board, in accordance with the
   68  changes made by this act to s. 316.545, Florida Statutes, shall
   69  be made no later than September 1, 2014, for terms beginning on
   70  October 1, 2014.
   71         Section 4. Except as otherwise expressly provided in this
   72  act, this act shall take effect July 1, 2014.