House Bill hb1173

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




    Florida House of Representatives - 2002                HB 1173

        By Representative Kosmas






  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 - 2002                HB 1173

    582-110E-02






  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 an employee of a

  4  fire department, a governmentally operated solid waste

  5  disposal department, or a waste disposal service operating

  6  pursuant to a contract with a governmental entity or to a

  7  volunteer firefighter engaged in the necessary discharge of a

  8  duty, nor does it apply to a person who is being transported

  9  in response to an emergency by a public agency or pursuant to

10  the direction or authority of a public agency or to a person

11  or persons riding within truck bodies in space intended for

12  merchandise. No minor child 16 years of age or younger shall

13  ride upon the public roads of the state within the body of an

14  open pickup truck or flatbed truck unless the minor is

15  restrained within the back of a truck which has been modified

16  to include secure seating and safety restraints which would

17  prevent the minor from being thrown, falling, or jumping from

18  the truck. The provisions of this subsection shall be

19  inapplicable in a medical emergency if the child is

20  accompanied within the truck by an adult and shall be

21  inapplicable when the truck is being operated upon a farm or

22  off the public roads of the state. Any person who violates the

23  provisions of this subsection shall be cited for a nonmoving

24  violation, punishable as provided in chapter 318.

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

26  engaged in a professional exhibition or person participating

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

28  participate in such exhibitions or parades.

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

30  Florida Statutes, to read:

31         316.008  Powers of local authorities.--

                                  2

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






    Florida House of Representatives - 2002                HB 1173

    582-110E-02






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

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

  3  or flatbed truck, notwithstanding the prohibition contained in

  4  s. 316.2015.

  5         Section 3.  This act shall take effect July 1, 2002.

  6

  7            *****************************************

  8                          HOUSE SUMMARY

  9
      Specifies that certain areas in a vehicle not designed or
10    intended for the use of passengers as areas on which it
      is unlawful for persons, except for employees of fire
11    departments or solid waste disposal departments or
      contractors, volunteer firefighters, and persons being
12    transported in emergencies, to ride. Provides that it is
      unlawful for the operator of a passenger vehicle to
13    permit another person to ride on the bumper, radiator,
      fender, hood, top, trunk, or running board of the
14    vehicle, whether or not in a securely affixed seat.
      Allows a county or municipality to opt out of the
15    prohibition by ordinance.

16
      Prohibits minor children 16 years of age or younger from
17    riding within the body of an open pickup truck or flatbed
      truck with described exceptions. See bill for details.
18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3

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