HB 0957 2003
1	CHAMBER ACTION
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6	The Committee on Transportation recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to commercial motor vehicles; creating s.
12	316.570, F.S.; providing definitions; requiring a minimum
13	amount of insurance coverage for persons engaged in
14	retrofitting, rebuilding, or modifying commercial trucks,
15	truck tractors, or heavy trucks into dump trucks;
16	requiring compliance with specified federal safety
17	standards; providing penalties; providing an effective
18	date.
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20	Be It Enacted by the Legislature of the State of Florida:
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22	Section 1. Section 316.570, Florida Statutes, is created
23	to read:
24	316.570 Rebuilt, modified, or retrofitted dump trucks.--
25	(1) As used in this section, the term:
26	(a) "Dump truck" means any straight truck with a net
27	weight of more than 5,000 pounds which is registered on the
28	basis of gross vehicle weight in accordance with s. 320.08(4)
29	and which is equipped with a cargo carrying body designed to
30	pivot upward to empty the load.
31	(b) "Person" means any form of corporation, limited
32	liability company, partnership, association, cooperative, joint
33	venture, business trust, sole proprietorship, or self-employed
34	person who conducts business in this state.
35	(2) Any person engaged in retrofitting, rebuilding, or
36	modifying commercial trucks, truck tractors, or heavy trucks, as
37	defined in s. 320.01, into dump trucks must have evidence that
38	he or she is insured under a garage liability insurance policy
39	that includes, at a minimum, $1 million combined single-limit
40	liability coverage, including bodily injury and property damage
41	protection, and $500,000 personal injury protection. Evidence of
42	such insurance policy must be available at all reasonable hours
43	for inspection by any law enforcement officer.
44	(3) Any person engaged in retrofitting, rebuilding, or
45	modifying commercial trucks, truck tractors, or heavy trucks, as
46	defined in s. 320.01, into dump trucks must ensure that such
47	retrofitted, rebuilt, or modified dump trucks comply with all
48	federal safety standards provided in 49 C.F.R. s. 393.
49	(4) Any person who violates subsection (2) or subsection
50	(3) commits a misdemeanor of the second degree, punishable as
51	provided in s. 775.082 or s. 775.083. Any person who violates
52	subsection (2) or subsection (3) a second time commits a
53	misdemeanor of the first degree, punishable as provided in s.
54	775.082 or s. 775.083. Any person who violates subsection (2) or
55	subsection (3) a third or subsequent time commits a felony of
56	the third degree, punishable as provided in s. 775.082, s.
57	775.083, or s. 775.084.
58	Section 2. This act shall take effect October 1, 2003.