Senate Bill sb0266

    Florida Senate - 2004                                   SB 266

    By Senator Campbell





    32-213-04

  1                      A bill to be entitled

  2         An act relating to motor vehicles; amending s.

  3         316.2015, F.S.; prohibiting certain persons

  4         from riding on the exterior of a passenger

  5         vehicle or in areas not designed or intended

  6         for the use of passengers on certain vehicles;

  7         prohibiting certain minors from riding within

  8         the body of a pickup truck or flatbed truck;

  9         providing exceptions; providing penalties;

10         amending s. 316.008, F.S.; authorizing a county

11         or municipality to exempt itself from such

12         prohibition; providing an effective date.

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

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16         Section 1.  Section 316.2015, Florida Statutes, is

17  amended to read:

18         316.2015  Unlawful for person to ride on exterior of

19  vehicle.--

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

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

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

23  when operated upon any street or highway which is maintained

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

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

26  such operator permits any person to occupy seats securely

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

28  violates the provisions of this subsection shall be cited for

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

30         (2)  A No person may not shall ride on any vehicle upon

31  any portion thereof not designed or intended for the use of

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    Florida Senate - 2004                                   SB 266
    32-213-04




 1  passengers. This provision does shall not apply to an employee

 2  of a fire department, a governmentally operated solid waste

 3  disposal department, or a waste disposal service operating

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

 5  volunteer firefighter engaged in the necessary discharge of a

 6  duty, and does not apply to a person who is being transported

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

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

 9  or persons riding within truck bodies in space intended for

10  merchandise. A minor child 16 years of age or younger may not

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

12  open pickup truck or flatbed truck unless the minor is

13  restrained within the back of a truck that has been modified

14  to include secure seating and safety restraints that would

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

16  the truck. This subsection is inapplicable in a medical

17  emergency if the child is accompanied within the truck by an

18  adult and is inapplicable when the truck is being operated

19  upon a farm or off the public roads of the state. Any person

20  who violates the provisions of this subsection shall be cited

21  for a nonmoving violation, punishable as provided in chapter

22  318.

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

24  engaged in a professional exhibition or person participating

25  in an exhibition or parade, or a any such person preparing to

26  participate in such exhibitions or parades.

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

28  Florida Statutes, to read:

29         316.008  Powers of local authorities.--

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

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

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    Florida Senate - 2004                                   SB 266
    32-213-04




 1  or flatbed truck, notwithstanding the prohibition contained in

 2  s. 316.2015.

 3         Section 3.  This act shall take effect July 1, 2004.

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 6                          SENATE SUMMARY

 7    Prohibits certain persons from riding on or in certain
      areas of motor vehicles not designated for passengers.
 8    Provides penalties. Authorizes certain local governments
      to exempt themselves from such prohibitions. (See bill
 9    for details.)

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