HB 0453CS

CHAMBER ACTION




1The Committee on Insurance recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to commercial motor vehicles; creating s.
7316.570, F.S.; providing definitions; requiring a minimum
8amount of insurance coverage for persons engaged in
9retrofitting, rebuilding, or modifying commercial trucks,
10truck tractors, or heavy trucks into dump trucks;
11providing safety standards; providing penalties; providing
12an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Section 316.570, Florida Statutes, is created
17to read:
18     316.570  Rebuilt, modified, or retrofitted dump trucks.--
19     (1)  As used in this section, the term:
20     (a)  "Dump truck" means any motor vehicle with a net weight
21of more than 5,000 pounds which is registered on the basis of
22gross vehicle weight in accordance with s. 320.08(4) and is
23properly equipped with a container used for transporting and
24dumping various materials, resources, or items.
25     (b)  "Person" means any form of corporation, limited
26liability company, partnership, association, cooperative, joint
27venture, business trust, sole proprietorship, or self-employed
28person who conducts business in this state.
29     (2)  Any person engaged in retrofitting, rebuilding, or
30modifying commercial trucks, truck tractors, or heavy trucks, as
31defined in s. 320.01, into dump trucks must have evidence that
32he or she is insured under a commercial liability insurance
33policy with limits of at least $1 million per accident and $1
34million annual aggregate. Evidence of such insurance policy must
35be available at all reasonable hours for inspection by any law
36enforcement officer.
37     (3)  Any person engaged in retrofitting, rebuilding, or
38modifying commercial trucks, truck tractors, or heavy trucks, as
39defined in s. 320.01, into dump trucks must ensure that each
40such retrofitted, rebuilt, or modified dump truck complies with
41all federal safety standards provided in 49 C.F.R. s. 393.
42     (4)  Any person who violates subsection (2) or subsection
43(3) commits a misdemeanor of the second degree, punishable as
44provided in s. 775.082 or s. 775.083. Any person who violates
45subsection (2) or subsection (3) a second time commits a
46misdemeanor of the first degree, punishable as provided in s.
47775.082 or s. 775.083. Any person who violates subsection (2) or
48subsection (3) a third or subsequent time commits a felony of
49the third degree, punishable as provided in s. 775.082, s.
50775.083, or s. 775.084.
51     Section 2.  This act shall take effect October 1, 2004.


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