Senate Bill sb0420c1

    Florida Senate - 2004                            CS for SB 420

    By the Committee on Banking and Insurance; and Senator Geller





    311-1321-04

  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                            CS for SB 420
    311-1321-04




 1  that he or she is insured under a commercial liability

 2  insurance policy with limits of at least $1 million per

 3  accident and $1 million annual aggregate. Evidence of such

 4  insurance policy must be available at all reasonable hours for

 5  inspection by any law enforcement officer.

 6         (3)  Any person engaged in retrofitting, rebuilding, or

 7  modifying commercial trucks, truck tractors, or heavy trucks,

 8  as defined in s. 320.01, into dump trucks must ensure that

 9  each such retrofitted, rebuilt, or modified dump truck

10  complies with all federal safety standards provided in 49

11  C.F.R. s. 393.

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

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

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

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

16  commits a misdemeanor of the first degree, punishable as

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

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

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

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

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

22  

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                         Senate Bill 420

25                                 

26  Requires any persons engaged in retrofitting, rebuilding, or
    modifying commercial trucks, truck-tractors, or heavy trucks
27  into dump trucks to have evidence of a commercial liability
    insurance policy with minimum limits of $1 million per
28  accident and $1 million aggregate.

29  

30  

31  

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