Senate Bill sb0052

    Florida Senate - 2005                                    SB 52

    By Senator Geller





    31-115-05

  1                      A bill to be entitled

  2         An act relating to commercial motor vehicles;

  3         creating s. 316.570, F.S.; providing

  4         definitions; requiring a minimum amount of

  5         insurance coverage for persons engaged in

  6         retrofitting, rebuilding, or modifying

  7         commercial trucks, truck tractors, or heavy

  8         trucks into dump trucks; providing safety

  9         standards; providing penalties; providing an

10         effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Section 316.570, Florida Statutes, is

15  created to read:

16         316.570  Rebuilt, modified, or retrofitted dump

17  trucks.--

18         (1)  As used in this section, the term:

19         (a)  "Dump truck" means any motor vehicle with a net

20  weight of more than 5,000 pounds which is registered on the

21  basis of gross vehicle weight in accordance with s. 320.08(4)

22  and is properly equipped with a container used for

23  transporting and dumping various materials, resources, or

24  items.

25         (b)  "Person" means any form of corporation, limited

26  liability company, partnership, association, cooperative,

27  joint venture, business trust, sole proprietorship, or

28  self-employed person conducting business in this state.

29         (2)  Any person engaged in retrofitting, rebuilding, or

30  modifying commercial trucks, truck tractors, or heavy trucks,

31  as defined in s. 320.01, into dump trucks must have evidence

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






    Florida Senate - 2005                                    SB 52
    31-115-05




 1  of insurance coverage under a commercial liability insurance

 2  policy with limits of at least $1 million per accident and $1

 3  million annual aggregate. Evidence of such insurance policy

 4  must be available at all reasonable hours for inspection by

 5  any law enforcement officer.

 6         (3)  Any person engaged in retrofitting, rebuilding, or

 7  modifying commercial trucks, truck tractors, or heavy trucks,

 8  as defined in s. 320.01, into dump trucks must ensure that the

 9  retrofitted, rebuilt, or modified dump truck complies with all

10  federal safety standards provided in 49 C.F.R. s. 393.

11         (4)  Any person who violates this section commits a

12  misdemeanor of the second degree, punishable as provided in s.

13  775.082 or s. 775.083. Any person who violates this section a

14  second time commits a misdemeanor of the first degree,

15  punishable as provided in s. 775.082 or s. 775.083. Any person

16  who violates this section a third or subsequent time commits a

17  felony of the third degree, punishable as provided in s.

18  775.082, s. 775.083, or s. 775.084.

19         Section 2.  This act shall take effect October 1, 2005.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Requires persons engaged in retrofitting, rebuilding, or
      modifying commercial trucks, truck-tractors, or heavy
24    trucks into dump trucks to have evidence of a commercial
      liability insurance policy with minimum limits of $1
25    million per accident and $1 million aggregate.
      Establishes safety standards for such trucks. Provides
26    penalties.

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