Bill Text: FL S1092 | 2014 | Regular Session | Comm Sub
Bill Title: Commercial Motor Vehicle Review Board
Spectrum: Bipartisan Bill
Status: (Failed) 2014-05-02 - Died in Appropriations [S1092 Detail]
Download: Florida-2014-S1092-Comm_Sub.html
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. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 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 ofthe Department ofTransportation 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 officeEach permanent member of the review board48may designate one additional person to be a member of the review49board. 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 sectionThe57review board may execute its responsibilities by meeting as a58single group or as subgroups consisting of one authorized59representative 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.