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. |