Traffic Engineering and Operations Office
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.
Duty of the CMVRB:
The CMVRB shall consider testimony or other evidence which supports modification, cancellation, or revocation of penalties
imposed pursuant to Section 316.516, 316.545, 316.550 or 316.3025, Florida Statutes.
The CMVRB has broad statutory authority to grant or deny relief; however the Review Board does not sit as an adjudicatory body. Therefore a petitioner's assertions of fact may be considered by the Review Board, but the Board will not decide contested facts.
CMVRB Board Members:
The Review Board is composed of three 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.
The Chairman of the Board is the Secretary of Transportation or his designee. While the Board usually meets with all three members, a hearing with fewer members is legal and proper.
How to Protest a Citation:
In order for your protest to be placed on the agenda of the CMVRB, the total amount of the citation must be paid and you must provide a written explanation of the grounds for your protest within sixty (60) days of the receipt of the citation. Your letter should contain sufficient information to enable the CMVRB to give adequate consideration to your case. In addition to a letter of protest, please also provide a copy of the citation being protested as well as any additional pertinent documentation/evidence that will help prove your case.
Where to Pay for Citation:
Florida Department of Highway Safety and Motor Vehicles
Penalty Collection Unit
2900 Apalachee Parkway
Tallahassee, FL 32399-0500
Where to File a Protest:
Florida Department of Transportation
Commercial Motor Vehicle Review Board
605 Suwannee Street, MS 90
Tallahassee, FL 32399
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 his letter of protest. Appearance by telephone is not available.
CMVRB Meeting Schedule:
The CMVRB meetings are held once a month at a location determined by the Board. The Review Board reserves the right to change meeting
times and places, and such changes might not be reflected by the published schedule (below). Therefore, the petitioner should contact the
Executive Secretary to obtain an up-to-date schedule.
Upon filing a timely and sufficient protest, the Review Board will provide notice of the hearing date and location approximately one (1) month prior to the hearing date in a letter sent via U.S. Mail. All requests for a change of venue, protest withdrawal, continuance or additional supporting documents must be faxed to 850-412-8029 or emailed to CMVRB@dot.state.fl.us no later than fourteen (14) calendar days prior to hearing date. Anything after that date cannot be honored. The Review Board has a set schedule of dates and locations and cannot honor any special requests for a change of venue to any location other than Tallahassee, Orlando, Tampa or Ft. Lauderdale. In the months that the Review Board meets in Tallahassee (see Meeting Schedule below), the Board offers the opportunity to video conference in to the hearing from Pensacola/Milton, Jacksonville, and Ft. Myers. 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.
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.
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.
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 (DHSMV). For any questions regarding a refund, please contact DHSMV- Penalty Collections Unit at 850-617-3206.
For additional information, please contact the Executive Secretary at CMVRB@dot.state.fl.us