House Bill 0061c1

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






    Florida House of Representatives - 2000               CS/HB 61

        By the Committee on Transportation and Representatives
    Kosmas, Posey, Argenziano and Murman





  1                      A bill to be entitled

  2         An act relating to passengers of vehicles;

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

  4         persons from riding on the exterior of a

  5         passenger vehicle or in areas not designed or

  6         intended for the use of passengers on certain

  7         vehicles; prohibiting certain minors from

  8         riding within the body of a pickup truck or

  9         flatbed truck; providing exceptions; providing

10         penalties; amending s. 316.008, F.S.;

11         authorizing counties and municipalities to

12         exempt themselves from such prohibition;

13         providing an effective date.

14

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

16

17         Section 1.  Section 316.2015, Florida Statutes, is

18  amended to read:

19         316.2015  Unlawful for person to ride on exterior of

20  vehicle.--

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

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

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

24  when operated upon any street or highway which is maintained

25  by the state, county or municipality.  However, the operator

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

27  such operator permits any person to occupy seats securely

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

29  violates the provisions of this subsection shall be cited for

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

31

                                  1

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






    Florida House of Representatives - 2000               CS/HB 61

    198-331-00






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

  2  portion thereof not designed or intended for the use of

  3  passengers. This provision shall not apply to:

  4         (a)  An employee engaged in the necessary discharge of

  5  a duty;

  6         (b)  A person who is being transported in response to

  7  an emergency by a public agency or pursuant to the direction

  8  or authority of a public agency;

  9         (c)  A person riding in a truck being operated on a

10  farm or off the public roads of the state; or

11         (d)  A person riding in a truck in a space intended for

12  merchandise, except that each child 16 years of age or younger

13  may not be transported on the public roads of the state in an

14  open pickup truck or flatbed truck unless:

15         1.  The child is restrained within the back of a truck

16  that has been modified to include secure seating and safety

17  restraints which would prevent the child from falling,

18  jumping, or being thrown from the truck.  The provisions of s.

19  316.613 apply to a minor 5 years of age or younger riding in

20  the body of an open pickup truck upon the public roads of the

21  state.

22         2. There is a medical emergency and the child is

23  accompanied by an adult. an employee engaged in the necessary

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

25  truck bodies in space intended for merchandise.  Any person

26  who violates the provisions of this subsection shall be cited

27  for a nonmoving violation, punishable as provided in chapter

28  318.

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

30  engaged in a professional exhibition or person participating

31

                                  2

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






    Florida House of Representatives - 2000               CS/HB 61

    198-331-00






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

  2  participate in such exhibitions or parades.

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

  4  Florida Statutes, to read:

  5         316.008  Powers of local authorities.--

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

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

  8  or flatbed truck, notwithstanding the prohibition contained in

  9  s. 316.2015.

10         Section 3.  This act shall take effect October 1, 2000.

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3