Florida Senate - 2014                             CS for SB 1092
       By the Committee on Agriculture; and Senator Simpson
       575-02731-14                                          20141092c1
    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 membership
    4         of the board; providing for appointment of additional
    5         members by the Governor and the Commissioner of
    6         Agriculture; providing for terms of the additional
    7         members; providing qualifications for such members;
    8         providing for removal of members by the Governor under
    9         certain circumstances; providing for action by a
   10         quorum of the board; requiring that the additional
   11         appointments be made by a specified date; providing
   12         effective dates.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Effective October 1, 2014, 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 three 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 a fourth member from the
   36  road construction industry and a fifth member from the trucking
   37  industry, and the Commissioner of Agriculture shall appoint a
   38  sixth member from the agriculture industry. Each member
   39  appointed under this paragraph must be a registered voter and
   40  citizen of the state and must possess business experience in the
   41  private sector. Members appointed pursuant to this paragraph
   42  shall each serve a 2-year term. A vacancy occurring during the
   43  term of a member appointed under this paragraph shall be filled
   44  only for the balance of the unexpired term. Members of the board
   45  appointed under this paragraph may be removed from office by the
   46  Governor for misconduct, malfeasance, misfeasance, or
   47  nonfeasance in office Each permanent member of the review board
   48  may designate one additional person to be a member of the review
   49  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 any 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 three members including the chair, or otherwise
   64  four members, shall be necessary for any action taken by the
   65  board. A vacancy on the board shall not impair the right of a
   66  quorum of the board to exercise all of the rights and perform
   67  all of the duties of the board.
   68         (f)(e) The review board may hold sessions and conduct
   69  proceedings at any place within the state.
   70         Section 2. The appointment of additional members to the
   71  Commercial Motor Vehicle Review Board in accordance with changes
   72  made by this act to s. 316.545, Florida Statutes, shall be made
   73  no later than September 1, 2014, for terms beginning October 1,
   74  2014.
   75         Section 3. Except as otherwise expressly provided in this
   76  act, this act shall take effect July 1, 2014.