HB 0609

1
A bill to be entitled
2An act relating to traffic safety; amending s. 316.2015,
3F.S.; removing an exception to prohibition of persons
4riding on the exterior of a passenger vehicle; revising
5exceptions to prohibition of persons riding on any vehicle
6on an area of the vehicle not designed or intended for the
7use of passengers; prohibiting operator from allowing
8certain minors to ride within the open body of a pickup
9truck or flatbed truck; providing exceptions; providing
10penalties; amending s. 316.008, F.S.; providing for
11counties and municipalities to allow, by ordinance, for
12persons to ride on the bed of a pickup truck or flatbed
13truck; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 316.2015, Florida Statutes, is amended
18to read:
19     316.2015  Unlawful for person to ride on exterior of
20vehicle.--
21     (1)  It is unlawful for any operator of a passenger vehicle
22to permit any person to ride on the bumper, radiator, fender,
23hood, top, trunk, or running board of such vehicle when operated
24upon any street or highway which is maintained by the state, a
25county, or a municipality. However, the operator of any vehicle
26shall not be in violation of this section when such operator
27permits any person to occupy seats securely affixed to the
28exterior of such vehicle. Any person who violates the provisions
29of this subsection shall be cited for a moving violation,
30punishable as provided in chapter 318.
31     (2)(a)  No person shall ride on any vehicle upon any
32portion thereof not designed or intended for the use of
33passengers. This paragraph shall not apply to an employee of a
34fire department, an employee of a governmentally operated solid
35waste disposal department or a waste disposal service operating
36pursuant to a contract with a governmental entity, or to a
37volunteer firefighter when the employee or firefighter is
38engaged in the necessary discharge of a duty and shall not apply
39to a person who is being transported in response to an emergency
40by a public agency or pursuant to the direction or authority of
41a public agency This provision shall not apply to an employee
42engaged in the necessary discharge of a duty or to a person or
43persons riding within truck bodies in space intended for
44merchandise.
45     (b)  It is unlawful for any operator of a pickup truck or
46flatbed truck to permit a minor child who has not attained 18
47years of age to ride upon the public roads of the state within
48the open body of the pickup truck or flatbed truck unless the
49minor is restrained within the open body in the back of a truck
50which has been modified to include secure seating and safety
51restraints which would prevent the minor from being thrown,
52falling, or jumping from the truck. This paragraph shall not
53apply in a medical emergency if the child is accompanied within
54the truck by an adult and shall not apply when the truck is
55being operated on a farm or off the public roads of the state.
56     (c)  Any person who violates the provisions of this
57subsection shall be cited for a nonmoving violation, punishable
58as provided in chapter 318.
59     (3)  This section shall not apply to a performer engaged in
60a professional exhibition or person participating in an
61exhibition or parade, or any such person preparing to
62participate in such exhibitions or parades.
63     Section 2.  Subsection (7) is added to section 316.008,
64Florida Statutes, to read:
65     316.008  Powers of local authorities.--
66     (7)  A county or municipality may adopt an ordinance that
67authorizes persons to ride on the bed of a pickup truck or
68flatbed truck, notwithstanding the prohibition contained in s.
69316.2015.
70     Section 3.  This act shall take effect July 1, 2005.


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