| 1 | The Local Government Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to traffic safety; amending s. 316.2015, |
| 7 | F.S.; removing an exception to prohibition of persons |
| 8 | riding on the exterior of a passenger vehicle; revising |
| 9 | exceptions to prohibition of persons riding on any area of |
| 10 | a vehicle not designed or intended for the use of |
| 11 | passengers; prohibiting operator from allowing certain |
| 12 | minors to ride within the open body of a pickup truck or |
| 13 | flatbed truck while traveling on certain facilities; |
| 14 | providing exceptions; providing penalties; amending s. |
| 15 | 316.008, F.S.; providing for counties and municipalities |
| 16 | to allow, by ordinance, for persons to ride on the bed of |
| 17 | a pickup truck or flatbed truck; providing an effective |
| 18 | date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Section 316.2015, Florida Statutes, is amended |
| 23 | to read: |
| 24 | 316.2015 Unlawful for person to ride on exterior of |
| 25 | vehicle.-- |
| 26 | (1) It is unlawful for any operator of a passenger vehicle |
| 27 | to permit any person to ride on the bumper, radiator, fender, |
| 28 | hood, top, trunk, or running board of such vehicle when operated |
| 29 | upon any street or highway which is maintained by the state, a |
| 30 | county, or a municipality. However, the operator of any vehicle |
| 31 | shall not be in violation of this section when such operator |
| 32 | permits any person to occupy seats securely affixed to the |
| 33 | exterior of such vehicle. Any person who violates the provisions |
| 34 | of this subsection shall be cited for a moving violation, |
| 35 | punishable as provided in chapter 318. |
| 36 | (2)(a) No person shall ride on any vehicle upon any |
| 37 | portion thereof not designed or intended for the use of |
| 38 | passengers. This paragraph shall not apply to: |
| 39 | 1. An employee of a fire department or a volunteer |
| 40 | firefighter when the firefighter is engaged in the necessary |
| 41 | discharge of a duty; |
| 42 | 2. A person who is being transported in response to an |
| 43 | emergency by a public agency or pursuant to the direction or |
| 44 | authority of a public agency; or |
| 45 | 3. An employee of a solid waste or recyclable collection |
| 46 | service while in the course of employment collecting solid waste |
| 47 | or recyclables on designated routes This provision shall not |
| 48 | apply to an employee engaged in the necessary discharge of a |
| 49 | duty or to a person or persons riding within truck bodies in |
| 50 | space intended for merchandise. |
| 51 | (b) It is unlawful for any operator of a pickup truck or |
| 52 | flatbed truck to permit a minor child who has not attained 18 |
| 53 | years of age to ride upon limited access facilities of the state |
| 54 | within the open body of the pickup truck or flatbed truck unless |
| 55 | the minor is restrained within the open body in the back of a |
| 56 | truck which has been modified to include secure seating and |
| 57 | safety restraints which would prevent the minor from being |
| 58 | thrown, falling, or jumping from the truck. This paragraph shall |
| 59 | not apply in a medical emergency if the child is accompanied |
| 60 | within the truck by an adult and shall not apply when the truck |
| 61 | is being operated on a farm or off the public roads of the |
| 62 | state. |
| 63 | (c) Any person who violates the provisions of this |
| 64 | subsection shall be cited for a nonmoving violation, punishable |
| 65 | as provided in chapter 318. |
| 66 | (3) This section shall not apply to a performer engaged in |
| 67 | a professional exhibition or person participating in an |
| 68 | exhibition or parade, or any such person preparing to |
| 69 | participate in such exhibitions or parades. |
| 70 | Section 2. Subsection (7) is added to section 316.008, |
| 71 | Florida Statutes, to read: |
| 72 | 316.008 Powers of local authorities.-- |
| 73 | (7) A county or municipality may adopt an ordinance that |
| 74 | authorizes persons to ride on the bed of a pickup truck or |
| 75 | flatbed truck, notwithstanding the prohibition contained in s. |
| 76 | 316.2015. |
| 77 | Section 3. This act shall take effect July 1, 2005. |