Senate Bill 2316

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                  SB 2316

    By Senator Campbell





    33-691B-99

  1                      A bill to be entitled

  2         An act relating to passengers of vehicles;

  3         amending s. 316.2015, F.S.; prohibiting minors

  4         from riding on the bed of a pickup truck or

  5         flatbed truck unless certain conditions are

  6         met; providing penalties; amending s. 316.008,

  7         F.S.; authorizing counties and municipalities

  8         to exempt themselves from such prohibition;

  9         providing an effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Section 316.2015, Florida Statutes, is

14  amended to read:

15         316.2015  Unlawful for person to ride on exterior of

16  vehicle.--

17         (1)  It is unlawful for any operator of a passenger

18  vehicle to permit any person to ride on the bumper, radiator,

19  fender, hood, top, trunk, or running board of such vehicle

20  when operated upon any street or highway which is maintained

21  by the state, county or municipality. However, the operator of

22  any vehicle shall not be in violation of this section when

23  such operator permits any person to occupy seats securely

24  affixed to the exterior of such vehicle. Any person who

25  violates the provisions of this subsection shall be cited for

26  a moving violation, punishable as provided in chapter 318.

27         (2)  No person shall ride on any vehicle upon any

28  portion thereof not designed or intended for the use of

29  passengers. A minor may not ride on the bed of a pickup truck

30  or flatbed truck unless the truck has factory-installed

31  seating in the bed, or has been modified to include in the bed

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2316
    33-691B-99




  1  secure seating and safety restraints, that would prevent the

  2  minor from falling, jumping, or being thrown from the truck

  3  and the minor is securely restrained in such seating. This

  4  provision shall not apply to an employee of a fire department,

  5  a governmentally operated solid waste disposal department, or

  6  a waste disposal service operating pursuant to a contract with

  7  a governmental entity or to a volunteer firefighter engaged in

  8  the necessary discharge of a duty, nor does it apply to a

  9  person who is being transported in response to an emergency by

10  a public agency or pursuant to the direction or authority of a

11  public agency or to a person or persons riding within truck

12  bodies in space intended for merchandise. Any person who

13  violates the provisions of this subsection shall be cited for

14  a nonmoving violation, punishable as provided in chapter 318.

15         (3)  This section shall not apply to a performer

16  engaged in a professional exhibition or person participating

17  in an exhibition or parade, or any such person preparing to

18  participate in such exhibitions or parades.

19         Section 2.  Subsection (7) is added to section 316.008,

20  Florida Statutes, to read:

21         316.008  Powers of local authorities.--

22         (7)  A county or municipality may adopt an ordinance

23  that authorizes persons to ride on the bed of a pickup truck

24  or flatbed truck, notwithstanding the prohibition contained in

25  s. 316.2015.

26         Section 3.  This act shall take effect October 1, 1999.

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    Florida Senate - 1999                                  SB 2316
    33-691B-99




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  2                          SENATE SUMMARY

  3    Prohibits minors from riding on the bed of pickup trucks
      or flatbed trucks without being securely restrained in
  4    seating therefor. Provides exemptions for firefighters,
      employees of waste disposal services, and persons being
  5    transported in response to an emergency. Allows a county
      or municipality to opt out of the prohibition by
  6    ordinance.

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