HB 0453 2004
1	A bill to be entitled
2	An act relating to commercial motor vehicles; creating s.
3	316.570, F.S.; providing definitions; requiring a minimum
4	amount of insurance coverage for persons engaged in
5	retrofitting, rebuilding, or modifying commercial trucks,
6	truck tractors, or heavy trucks into dump trucks;
7	providing safety standards; providing penalties; providing
8	an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1. Section 316.570, Florida Statutes, is created
13	to read:
14	316.570 Rebuilt, modified, or retrofitted dump trucks.--
15	(1) As used in this section, the term:
16	(a) "Dump truck" means any motor vehicle with a net weight
17	of more than 5,000 pounds which is registered on the basis of
18	gross vehicle weight in accordance with s. 320.08(4) and is
19	properly equipped with a container used for transporting and
20	dumping various materials, resources, or items.
21	(b) "Person" means any form of corporation, limited
22	liability company, partnership, association, cooperative, joint
23	venture, business trust, sole proprietorship, or self-employed
24	person who conducts business in this state.
25	(2) Any person engaged in retrofitting, rebuilding, or
26	modifying commercial trucks, truck tractors, or heavy trucks, as
27	defined in s. 320.01, into dump trucks must have evidence that
28	he or she is insured under a garage liability insurance policy
29	that includes, at a minimum, $1 million combined single-limit
30	liability coverage, including bodily injury and property damage
31	protection, and $500,000 personal injury protection. Evidence of
32	such insurance policy must be available at all reasonable hours
33	for inspection by any law enforcement officer.
34	(3) Any person engaged in retrofitting, rebuilding, or
35	modifying commercial trucks, truck tractors, or heavy trucks, as
36	defined in s. 320.01, into dump trucks must ensure that each
37	such retrofitted, rebuilt, or modified dump truck complies with
38	all federal safety standards provided in 49 C.F.R. s. 393.
39	(4) Any person who violates subsection (2) or subsection
40	(3) commits a misdemeanor of the second degree, punishable as
41	provided in s. 775.082 or s. 775.083. Any person who violates
42	subsection (2) or subsection (3) a second time commits a
43	misdemeanor of the first degree, punishable as provided in s.
44	775.082 or s. 775.083. Any person who violates subsection (2) or
45	subsection (3) a third or subsequent time commits a felony of
46	the third degree, punishable as provided in s. 775.082, s.
47	775.083, or s. 775.084.
48	Section 2. This act shall take effect October 1, 2004.