Protest a Uniform Commercial Citation

The Commercial Motor Vehicle Review Board (hereinafter CMVRB, Review Board, or Board) may review any penalty imposed upon any vehicle or person relating to weights imposed on the highways by the axles and wheels of motor vehicles, special fuel and motor fuel tax compliance, commercial motor vehicle registration, or violation of safety regulations.
 

Direct Link to the CMVRB

Florida Commercial Motor Vehicle Review Board.

CMVRB Board Members:

Per section 316.545(7), Florida Statutes, the Review Board is composed of three (3) permanent members who are the Secretary of Transportation, the Executive Director of the Department of Highway Safety and Motor Vehicles, and the Commissioner of Agriculture or their representatives, as well as four (4) additional members. The Governor shall appoint one member from the road construction industry, one member from the trucking industry, and one member with a general business or legal background. The Commissioner of Agriculture shall appoint one member from the agriculture industry. The Chairman of the Board is the Secretary of Transportation or his designee.

How to Protest a Citation:

You may request a hearing before the Commercial Motor Vehicle Review Board for modification, cancellation, or revocation of a Commercial Motor Vehicle Citation/Permit penalty. You must provide a written request for a hearing within sixty (60) days from the date of the citation/permit. Your letter should contain sufficient information as well as any additional documentation to enable the Review Board to give adequate consideration to your case. If you would like a variance from the requirement for the advance payment of penalties, include that in your request. Payment is not required prior to protesting.

Where to File a Protest:

Florida Department of Transportation
Commercial Motor Vehicle Review Board
605 Suwannee Street, MS 90
Tallahassee, FL  32399
(850)410-5555
Fax:  (850)412-8029
Email:  CMVRB@dot.state.fl.us

Hearing Attendance:

It is not necessary for you or someone representing you to be present at the CMVRB hearing. Your written explanation provided within the letter of protest and additional documentation will be adequate. While attendance is not mandatory, it will provide the petitioner the opportunity to respond to Review Board inquiries into subjects that the petitioner may have overlooked when drafting their letter of protest. Appearance can be made in person or via Microsoft Teams using a computer or mobile device. If you wish to appear via Microsoft Teams, you must notify the Review Board no later than fourteen (14) calendar days prior to the hearing date.

CMVRB Meeting Schedule:

Representation before the board may be made in person or via Microsoft Teams. It is not necessary for you or someone representing you to be present at the Review Board hearing. If you choose not to appear the Review Board will make its decision based on your written explanation. Upon filing a timely and sufficient protest the Review Board will provide notice of the hearing date, time, and location approximately one (1) month prior to the hearing date in a letter sent via U.S. Mail. If you wish to appear via Microsoft Teams, you must notify the Review Board no later than fourteen (14) calendar day prior to the hearing date.

Meeting Schedule:

The Review Board will physically meet at the Florida Department of Transportation, 605 Suwannee Street, Burns Building Auditorium, Tallahassee, Florida  32301.  For all months, the Board does provide the opportunity for petitioners to appear via video conference from any of the seven (7) Florida Department of Transportation District offices (located in Bartow, Lake City, Chipley, Ft. Lauderdale, DeLand, Miami, and Tampa).  If you wish to appear via video conference, you must notify the Review Board no later than fourteen (14) calendar days prior to the hearing date.

Decisions:

The Review Board renders its decision within 30 days after the meeting at which the protest was heard and notifies the person of its decision in writing via a disposition letter. The disposition letter is delivered by U.S. Mail. Pursuant to Rule 14A-1.004(7), Florida Administrative Code, the Review Board’s decision is final.

Rehearing:

A rehearing may be requested only if additional evidence is presented. You may request a rehearing by filing such a request within fourteen (14) days of the date of the disposition letter.

Refunds:

If the Review Board votes to give a partial or full refund of your citation fine, a refund will be issued by check in a timely manner. Checks are issued by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). For any questions regarding a refund, please contact FLHSMV- Penalty Collections Unit at 850-617-3206.