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.

  9

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

  3

  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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