Senate Bill sb0164c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 164 & 714
By the Committee on Transportation; and Senators Geller and
Wasserman Schultz
306-2049-03
1 A bill to be entitled
2 An act relating to commercial motor vehicles;
3 creating s. 316.570, F.S.; providing
4 definitions; requiring a minimum amount of
5 insurance coverage for persons engaged in
6 retrofitting, rebuilding, or modifying
7 commercial trucks, truck tractors, or heavy
8 trucks into dump trucks; providing safety
9 standards; providing penalties; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 316.570, Florida Statutes, is
15 created to read:
16 316.570 Rebuilt, modified, or retrofitted dump
17 trucks.--
18 (1) As used in this section, the term:
19 (a) "Dump truck" means any motor vehicle with a net
20 weight of more than 5,000 pounds which is registered on the
21 basis of gross vehicle weight in accordance with s. 320.08(4)
22 and is properly equipped with a container used for
23 transporting and dumping various materials, resources, or
24 items.
25 (b) "Person" means any form of corporation, limited
26 liability company, partnership, association, cooperative,
27 joint venture, business trust, sole proprietorship, or
28 self-employed person who conducts business in this state.
29 (2) Any person engaged in retrofitting, rebuilding, or
30 modifying commercial trucks, truck tractors, or heavy trucks,
31 as defined in s. 320.01, into dump trucks must have evidence
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 164 & 714
306-2049-03
1 that he or she is insured under a garage liability insurance
2 policy that includes, at a minimum, $1 million combined
3 single-limit liability coverage, including bodily injury and
4 property damage protection, and $500,000 personal injury
5 protection. Evidence of such insurance policy must be
6 available at all reasonable hours for inspection by any law
7 enforcement officer.
8 (3) Any person engaged in retrofitting, rebuilding, or
9 modifying commercial trucks, truck tractors, or heavy trucks,
10 as defined in s. 320.01, into dump trucks must ensure that
11 such retrofitted, rebuilt, or modified dump trucks comply with
12 all federal safety standards provided in 49 C.F.R. s. 393.
13 (4) Any person who violates subsection (2) or
14 subsection (3) commits a misdemeanor of the second degree,
15 punishable as provided in s. 775.082 or s. 775.083. Any person
16 who violates subsection (2) or subsection (3) a second time
17 commits a misdemeanor of the first degree, punishable as
18 provided in s. 775.082 or s. 775.083. Any person who violates
19 subsection (2) or subsection (3) a third or subsequent time
20 commits a felony of the third degree, punishable as provided
21 in s. 775.082, s. 775.083, or s. 775.084.
22 Section 2. This act shall take effect October 1, 2003.
23
24 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
25 Senate Bill's 164 and 714
26
27 The CS provides any person engaged in the retrofitting,
rebuilding or modifying of commercial trucks, truck tractors
28 or heavy trucks into dump trucks who does not have the proper
insurance, or who has retrofitted, rebuilt, or modified such a
29 truck into a dump truck which does not meet federal safety
standards commits a misdemeanor of the second degree. Any
30 person violating these provisions a second time commits a
misdemeanor of the first degree, and any person violating
31 these provisions a third or subsequent time commits a felony
of the third degree.
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CODING: Words stricken are deletions; words underlined are additions.