Senate Bill sb0182

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    Florida Senate - 2007                                   SB 182

    By Senator Geller





    31-241-07

  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 having 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 which 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:

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    Florida Senate - 2007                                   SB 182
    31-241-07




 1         (a)  Have evidence of insurance coverage under a

 2  commercial liability insurance policy with limits of at least

 3  $1 million per accident and $1 million annual aggregate.

 4  Evidence of such insurance policy must be available at all

 5  reasonable hours for inspection by any law enforcement

 6  officer; and

 7         (b)  Ensure that each retrofitted, rebuilt, or modified

 8  dump truck complies with all federal safety standards provided

 9  in 49 C.F.R. s. 393.

10         (3)  Any person who violates paragraph (2)(a) or

11  paragraph (2)(b) commits a misdemeanor of the second degree,

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

13  who violates paragraph (2)(a) or paragraph (2)(b) a second

14  time commits a misdemeanor of the first degree, punishable as

15  provided in s. 775.082 or s. 775.083. Any person who violates

16  paragraph (2)(a) or paragraph (2)(b) a third or subsequent

17  time commits a felony of the third degree, punishable as

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

19         Section 2.  This act shall take effect October 1, 2007.

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 having minimum limits of $1
25    million per accident and $1 million annual aggregate.
      Establishes safety standards for such trucks. Provides
26    penalties.

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