Senate Bill 2316c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB's 2316 & 1490
By the Committee on Transportation and Senators Campbell and
Saunders
306-2126-99
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; authorizing a local
7 governmental entity from enacting certain
8 ordinances; providing an effective date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Section 316.2015, Florida Statutes, is
13 amended to read:
14 316.2015 Unlawful for person to ride on exterior of
15 vehicle.--
16 (1) It is unlawful for any operator of a passenger
17 vehicle to permit any person to ride on the bumper, radiator,
18 fender, hood, top, trunk, or running board of such vehicle
19 when operated upon any street or highway which is maintained
20 by the state, county or municipality. However, the operator of
21 any vehicle shall not be in violation of this section when
22 such operator permits any person to occupy seats securely
23 affixed to the exterior of such vehicle. Any person who
24 violates the provisions of this subsection shall be cited for
25 a moving violation, punishable as provided in chapter 318.
26 (2) No person shall ride on any vehicle upon any
27 portion thereof not designed or intended for the use of
28 passengers. A minor may not ride on the bed of a pickup truck
29 or flatbed truck unless the truck has factory-installed
30 seating in the bed, or has been modified to include in the bed
31 secure seating and safety restraints, that would prevent the
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB's 2316 & 1490
306-2126-99
1 minor from falling, jumping, or being thrown from the truck
2 and the minor is securely restrained in such seating. This
3 provision shall not apply to an employee of a fire department,
4 a governmentally operated solid waste disposal department, or
5 a waste disposal service operating pursuant to a contract with
6 a governmental entity or to a volunteer firefighter engaged in
7 the necessary discharge of a duty, nor does it apply to a
8 person who is being transported in response to an emergency by
9 a public agency or pursuant to the direction or authority of a
10 public agency or to a person or persons riding within truck
11 bodies in space intended for merchandise. Any person who
12 violates the provisions of this subsection shall be cited for
13 a nonmoving violation, punishable as provided in chapter 318.
14 However, nothing in this section may be construed to prohibit
15 a local governmental entity from enacting an ordinance that
16 prohibits any person, other than as provided in this section,
17 from riding in or otherwise occupying the open bed of a truck
18 being operated upon any street or highway within its
19 territorial limits. A person who violates such an ordinance is
20 subject to the penalties provided in this subsection.
21 (3) This section shall not apply to a performer
22 engaged in a professional exhibition or person participating
23 in an exhibition or parade, or any such person preparing to
24 participate in such exhibitions or parades.
25 Section 2. This act shall take effect October 1, 1999.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB's 2316 & 1490
306-2126-99
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB's 2316 and 1490
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4 This CS combines the provisions of SB's 2316 and 1490. The CS
provides for the following:
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(1) Deletes the current statutory provision authorizing
6 persons to be transported in the bed or cargo area of a pickup
truck;
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(2) Prohibit minors from riding in the bed of a pickup truck
8 or flatbed truck unless the truck has factory-installed
seating in the bed, or has been modified to include in the bed
9 secure seating and safety restraints;
10 (3) Exempts certain persons from the prohibition on riding on
any portion of a vehicle not designed or intended for the use
11 of passengers; and
12 (4) Counties and municipalities are authorized to enact local
ordinances that prohibit any person, other than as previously
13 specified, from riding in or otherwise occupying the open bed
of a truck being operated upon any street or highway within
14 its territorial limits.
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