Senate Bill 0444

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


    Florida Senate - 2000                                   SB 444

    By Senator Campbell





    33-90-00

  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; deleting provisions prohibiting a person

  7         from riding in any portion of a vehicle not

  8         designed for the use of passengers; providing

  9         penalties; authorizing local governmental

10         entities to enact certain ordinances; providing

11         an effective date.

12

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

14

15         Section 1.  Section 316.2015, Florida Statutes, is

16  amended to read:

17         316.2015  Unlawful for person to ride on exterior of

18  vehicle.--

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

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

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

22  when operated upon any street or highway which is maintained

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

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

25  such operator permits any person to occupy seats securely

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

27  violates the provisions of this subsection shall be cited for

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

29         (2)  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 - 2000                                   SB 444
    33-90-00




  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. No

  4  person shall ride on any vehicle upon any portion thereof not

  5  designed or intended for the use of passengers. This provision

  6  shall not apply to an employee engaged in the necessary

  7  discharge of a duty or to a person or persons riding within

  8  truck bodies in space intended for merchandise. Any operator

  9  of a pickup truck or flatbed truck person who violates the

10  provisions of this subsection shall be cited for a nonmoving

11  violation, punishable as provided in chapter 318. However,

12  nothing in this section may be construed to prohibit a local

13  governmental entity from enacting an ordinance that prohibits

14  any person other than an employee engaged in the discharge of

15  his or her duties from riding in or otherwise occupying the

16  open bed of a truck being operated upon any street or highway

17  within its territorial limits. A person who violates such an

18  ordinance is subject to the penalties provided in this

19  subsection.

20         (3)  This section does shall not apply to a performer

21  engaged in a professional exhibition or person participating

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

23  participate in such exhibitions or parades.

24         Section 2.  This act shall take effect October 1, 2000.

25

26            *****************************************

27                          SENATE SUMMARY

28    Prohibits a minor from riding in the bed of a pickup
      truck unless the bed has seating and restraints that
29    secure the minor into such seating. Provides penalties
      for violations by a pickup truck operator. Authorizes
30    units of local government to prohibit persons other than
      employees acting in the discharge of their duties from
31    riding in or occupying the open bed of a truck when it is
      in operation on public roads.
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