HB 0057 2004
1	A bill to be entitled
2	An act relating to motor vehicles; amending s. 316.2015,
3	F.S.; prohibiting certain persons from riding on the
4	exterior of a passenger vehicle or in areas not designed
5	or intended for the use of passengers on certain vehicles;
6	prohibiting certain minors from riding within the body of
7	a pickup truck or flatbed truck; providing exceptions;
8	providing penalties; amending s. 316.008, F.S.;
9	authorizing counties and municipalities to exempt
10	themselves from such prohibition; providing an effective
11	date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Section 316.2015, Florida Statutes, is amended
16	to read:
17	316.2015 Unlawful for person to ride on exterior of
18	vehicle.--
19	(1) It is unlawful for any operator of a passenger vehicle
20	to permit any person to ride on the bumper, radiator, fender,
21	hood, top, trunk, or running board of such vehicle when operated
22	upon any street or highway which is maintained by the state,
23	county or municipality. However, the operator of any vehicle
24	shall not be in violation of this section when such operator
25	permits any person to occupy seats securely affixed to the
26	exterior of such vehicle. Any person who violates the provisions
27	ofthis subsection shall be cited for a moving violation,
28	punishable as provided in chapter 318.
29	(2) No person shall ride on any vehicle upon any portion
30	thereof not designed or intended for the use of passengers. This
31	provision shall not apply to an employee of a fire department, a
32	governmentally operated solid waste disposal department, or a
33	waste disposal service operating pursuant to a contract with a
34	governmental entity or to a volunteer firefighterengaged in the
35	necessary discharge of a duty, nor does it apply to a person who
36	is being transported in response to an emergency by a public
37	agency or pursuant to the direction or authority of a public
38	agency or to a person or persons riding within truck bodies in
39	space intended for merchandise. No minor child 16 years of age
40	or younger shall ride upon the public roads of the state within
41	the body of an open pickup truck or flatbed truck unless the
42	minor is restrained within the back of a truck which has been
43	modified to include secure seating and safety restraints which
44	would prevent the minor from being thrown, falling, or jumping
45	from the truck. The provisions of this subsection shall be
46	inapplicable in a medical emergency if the child is accompanied
47	within the truck by an adult and shall be inapplicable when the
48	truck is being operated upon a farm or off the public roads of
49	the state. Any person who violates the provisions ofthis
50	subsection shall be cited for a nonmoving violation, punishable
51	as provided in chapter 318.
52	(3) This section shall not apply to a performer engaged in
53	a professional exhibition or person participating in an
54	exhibition or parade, or any such person preparing to
55	participate in such exhibitions or parades.
56	Section 2. Subsection (7) is added to section 316.008,
57	Florida Statutes, to read:
58	316.008 Powers of local authorities.--
59	(7) A county or municipality may adopt an ordinance that
60	authorizes persons to ride on the bed of a pickup truck or
61	flatbed truck, notwithstanding the prohibition contained in s.
62	316.2015.
63	Section 3. This act shall take effect July 1, 2004.