HB 0653

1
A bill to be entitled
2An act relating to commercial motor vehicles; creating s.
3316.570, F.S.; providing definitions; requiring a minimum
4amount of insurance coverage for persons engaged in
5retrofitting, rebuilding, or modifying commercial trucks,
6truck tractors, or heavy trucks into dump trucks;
7providing safety standards; providing penalties; providing
8an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Section 316.570, Florida Statutes, is created
13to read:
14     316.570  Rebuilt, modified, or retrofitted dump trucks.--
15     (1)  As used in this section, the term:
16     (a)  "Dump truck" means any motor vehicle with a net weight
17of more than 5,000 pounds which is registered on the basis of
18gross vehicle weight in accordance with s. 320.08(4) and is
19properly equipped with a container used for transporting and
20dumping various materials, resources, or items.
21     (b)  "Person" means any form of corporation, limited
22liability company, partnership, association, cooperative, joint
23venture, business trust, sole proprietorship, or self-employed
24person conducting business in this state.
25     (2)  Any person engaged in retrofitting, rebuilding, or
26modifying commercial trucks, truck tractors, or heavy trucks, as
27defined in s. 320.01, into dump trucks must have evidence of
28insurance coverage under a commercial liability insurance policy
29with limits of at least $1 million per accident and $1 million
30annual aggregate. Evidence of such insurance policy must be
31available at all reasonable hours for inspection by any law
32enforcement officer.
33     (3)  Any person engaged in retrofitting, rebuilding, or
34modifying commercial trucks, truck tractors, or heavy trucks, as
35defined in s. 320.01, into dump trucks must ensure that the
36retrofitted, rebuilt, or modified dump truck complies with all
37federal safety standards provided in 49 C.F.R. s. 393.
38     (4)  Any person who violates subsection (2) or subsection
39(3) commits a misdemeanor of the second degree, punishable as
40provided in s. 775.082 or s. 775.083. Any person who violates
41subsection (2) or subsection (3) a second time commits a
42misdemeanor of the first degree, punishable as provided in s.
43775.082 or s. 775.083. Any person who violates subsection (2) or
44subsection (3) a third or subsequent time commits a felony of
45the third degree, punishable as provided in s. 775.082, s.
46775.083, or s. 775.084.
47     Section 2.  This act shall take effect October 1, 2005.


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