| 1 | The Committee on Insurance recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to commercial motor vehicles; creating s. |
| 7 | 316.570, F.S.; providing definitions; requiring a minimum |
| 8 | amount of insurance coverage for persons engaged in |
| 9 | retrofitting, rebuilding, or modifying commercial trucks, |
| 10 | truck tractors, or heavy trucks into dump trucks; |
| 11 | providing safety standards; providing penalties; providing |
| 12 | an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 316.570, Florida Statutes, is created |
| 17 | to 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 |
| 21 | of more than 5,000 pounds which is registered on the basis of |
| 22 | gross vehicle weight in accordance with s. 320.08(4) and is |
| 23 | properly equipped with a container used for transporting and |
| 24 | dumping various materials, resources, or items. |
| 25 | (b) "Person" means any form of corporation, limited |
| 26 | liability company, partnership, association, cooperative, joint |
| 27 | venture, business trust, sole proprietorship, or self-employed |
| 28 | 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, as |
| 31 | defined in s. 320.01, into dump trucks must have evidence that |
| 32 | he or she is insured under a commercial liability insurance |
| 33 | policy with limits of at least $1 million per accident and $1 |
| 34 | million annual aggregate. Evidence of such insurance policy must |
| 35 | be available at all reasonable hours for inspection by any law |
| 36 | enforcement officer. |
| 37 | (3) Any person engaged in retrofitting, rebuilding, or |
| 38 | modifying commercial trucks, truck tractors, or heavy trucks, as |
| 39 | defined in s. 320.01, into dump trucks must ensure that each |
| 40 | such retrofitted, rebuilt, or modified dump truck complies with |
| 41 | all 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 |
| 44 | provided in s. 775.082 or s. 775.083. Any person who violates |
| 45 | subsection (2) or subsection (3) a second time commits a |
| 46 | misdemeanor of the first degree, punishable as provided in s. |
| 47 | 775.082 or s. 775.083. Any person who violates subsection (2) or |
| 48 | subsection (3) a third or subsequent time commits a felony of |
| 49 | the third degree, punishable as provided in s. 775.082, s. |
| 50 | 775.083, or s. 775.084. |
| 51 | Section 2. This act shall take effect October 1, 2004. |