Senate Bill sb0420

    Florida Senate - 2004                                   SB 420

    By Senator Geller





    31-267-04

  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 - 2004                                   SB 420
    31-267-04




 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  each such retrofitted, rebuilt, or modified dump truck

12  complies with all federal safety standards provided in 49

13  C.F.R. s. 393.

14         (4)  Any person who violates subsection (2) or

15  subsection (3) commits a misdemeanor of the second degree,

16  punishable as provided in s. 775.082 or s. 775.083. Any person

17  who violates subsection (2) or subsection (3) a second time

18  commits a misdemeanor of the first degree, punishable as

19  provided in s. 775.082 or s. 775.083. Any person who violates

20  subsection (2) or subsection (3) a third or subsequent time

21  commits a felony of the third degree, punishable as provided

22  in s. 775.082, s. 775.083, or s. 775.084.

23         Section 2.  This act shall take effect October 1, 2004.

24  

25            *****************************************

26                          SENATE SUMMARY

27    Requires insurance coverage for persons engaged in
      retrofitting, rebuilding, or modifying commercial trucks,
28    truck tractors, or heavy trucks into dump trucks.
      Provides safety standards. Provides penalties.
29  

30  

31  

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