House Bill 0043c1

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    Florida House of Representatives - 2000               CS/HB 43

        By the Committee on Transportation and Representative
    Villalobos





  1                      A bill to be entitled

  2         An act relating to highway safety; amending s.

  3         316.520, F.S.; providing for criminal penalties

  4         for failure to secure loads on vehicles under

  5         certain circumstances; amending s. 318.18,

  6         F.S.; providing a minimum penalty for

  7         violations of s. 316.520, F.S.; amending s.

  8         318.19, F.S.; providing a mandatory hearing for

  9         violations of s. 316.520, F.S.; amending s.

10         318.21, F.S.; providing that the fines

11         collected for a violation of s. 316.520, F.S.,

12         shall be used to educate the public about the

13         hazards of driving with unsecured loads;

14         providing an effective date.

15

16         WHEREAS, because of the many incidents of debris found

17  on our roadways, and the possibility and likelihood of more

18  crashes and injuries caused by such debris, and

19         WHEREAS, many construction vehicles, landscape

20  vehicles, and vehicles used by the general public are driven

21  or moved with unsecured loads, and

22         WHEREAS, the safety of the motoring public depends upon

23  load securement in order to provide a safe driving environment

24  by removing the risks inherent in transporting unsecured loads

25  upon the public roads, streets, and highways of Florida, NOW,

26  THEREFORE,

27

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

29

30         Section 1.  Section 316.520, Florida Statutes, is

31  amended to read:

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    Florida House of Representatives - 2000               CS/HB 43

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  1         316.520  Loads on vehicles.--

  2         (1)  A vehicle may not be driven or moved on any

  3  highway unless the vehicle is so constructed or loaded as to

  4  prevent any of its load from dropping, shifting, leaking

  5  hazardous material, blowing, or otherwise escaping therefrom,

  6  except that sand may be dropped only for the purpose of

  7  securing traction or water or other substance may be sprinkled

  8  on a roadway in cleaning or maintaining the roadway.

  9         (2)  It is the duty of every owner and driver, joint

10  and severally, of any vehicle hauling, upon any public road or

11  highway open to the public, dirt, sand, lime rock, gravel,

12  silica, or other similar aggregate or trash, garbage, any

13  inanimate object or objects, or any similar material that

14  could fall or blow from such vehicle, to prevent such

15  materials from falling, blowing, or in any way escaping from

16  such vehicle. Covering and securing the load with a

17  close-fitting tarpaulin or other appropriate cover or a

18  load-securing device meeting the requirements of 49 C.F.R.

19  393.100 is required.

20         (3)(a)  A violation of subsections (1) and (2) this

21  section is a noncriminal traffic infraction, punishable as a

22  nonmoving violation as provided in chapter 318. A violation of

23  paragraph (b) is a moving violation as provided in chapter

24  318.

25         (b)  Any person who violates the provisions of this

26  section which offense results in bodily injury or death to an

27  individual or damage to another motor vehicle or other damage

28  in excess of $1,000 and which offense occurs as a result of

29  failing to comply with subsections (1) and (2) of this section

30  commits a criminal traffic offense and shall, upon conviction,

31  be punished by imprisonment in the county jail for a period

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  1  not to exceed 1 year, or by fine not to exceed $1,000, or by

  2  both such fine and imprisonment.

  3         (4)  This section does not apply to the driver of a

  4  commercial motor vehicle, as defined in s. 316.003(66), under

  5  the following circumstances:

  6         (a)  The owner of the vehicle fails to provide the

  7  required tarpaulin or other appropriate load-securement

  8  device;

  9         (b)  The vehicle is improperly loaded through no fault

10  of the driver; or

11         (c)  The driver is prevented by the owner from properly

12  securing the load on the vehicle.

13

14  In those circumstances, the owner of the vehicle is the

15  responsible party. The court shall determine whether the

16  driver or owner is responsible for the violation.

17         (5)  This section is not intended to create a private

18  cause of action and any conviction, assessment of a fine, or

19  other penalty is inadmissible for any purpose in any civil

20  proceeding. Any person who attempts to bring a civil action or

21  attempts to admit into evidence any conviction, imposition of

22  a fine or other penalty, or any other finding under this

23  section is required to pay all attorney's fees and costs

24  incurred by any opposing party in defending or opposing this

25  action.

26         Section 2.  Subsection (12) is added to section 318.18,

27  Florida Statutes, to read:

28         318.18  Amount of civil penalties.--The penalties

29  required for a noncriminal disposition pursuant to s. 318.14

30  are as follows:

31

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    Florida House of Representatives - 2000               CS/HB 43

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  1         (12)  One hundred dollars for a violation of s.

  2  316.520(1) or (2). If, at a hearing, the alleged offender is

  3  found to have committed this offense, the court shall impose a

  4  minimum civil penalty of $100; for each subsequent offense

  5  within a period of 5 years, the department may suspend the

  6  driver's license of the person for not more than 1 year.

  7         Section 3.  Section 318.19, Florida Statutes, is

  8  amended to read:

  9         318.19  Infractions requiring a mandatory hearing.--Any

10  person cited for the infractions listed in this section shall

11  not have the provisions of s. 318.14(2), (4), and (9)

12  available to him or her but must appear before the designated

13  official at the time and location of the scheduled hearing:

14         (1)  Any infraction which results in a crash that

15  causes the death of another; or

16         (2)  Any infraction which results in a crash that

17  causes "serious bodily injury" of another as defined in s.

18  316.1933(1); or

19         (3)  Any infraction of s. 316.172(1)(b); or.

20         (4)  Any infraction of s. 316.520(3)(b).

21         Section 4.  Subsection (13) is added to section 318.21,

22  Florida Statutes, to read:

23         318.21  Disposition of civil penalties by county

24  courts.--All civil penalties received by a county court

25  pursuant to the provisions of this chapter shall be

26  distributed and paid monthly as follows:

27         (13)  The proceeds of each fine collected for a

28  violation of s. 316.520 shall be paid to the Highway Safety

29  Operating Trust Fund and must be used to educate the public

30  about the hazards of driving with unsecured loads.

31

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    Florida House of Representatives - 2000               CS/HB 43

    198-343-00






  1         Section 5.  This act shall take effect upon becoming a

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