Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 422
       
       
       
       
       
       
                                Barcode 459726                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: PEND           .                                
                  04/01/2009           .                                
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       The Committee on Transportation (Siplin) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 316.2015, Florida
    6  Statutes, is amended to read:
    7         316.2015 Unlawful for person to ride on exterior of
    8  vehicle.—
    9         (2)(a) No person shall ride on any vehicle upon any portion
   10  thereof not designed or intended for the use of passengers. This
   11  paragraph does not apply to an employee of a fire department, an
   12  employee of a governmentally operated solid waste disposal
   13  department or a waste disposal service operating pursuant to a
   14  contract with a governmental entity, or to a volunteer
   15  firefighter when the employee or firefighter is engaged in the
   16  necessary discharge of a duty, and does not apply to a person
   17  who is being transported in response to an emergency by a public
   18  agency or pursuant to the direction or authority of a public
   19  agency. This paragraph does not apply to an employee engaged in
   20  the necessary discharge of a duty or to a person or persons
   21  riding within truck bodies in space intended for merchandise.
   22         (b) It is unlawful for any operator of a pickup truck or
   23  flatbed truck to permit a minor child who has not attained 18
   24  years of age to ride upon limited access facilities of the state
   25  within the open body of a pickup truck or flatbed truck unless
   26  the minor is restrained within the open body in the back of a
   27  truck that has been modified to include secure seating and
   28  safety restraints to prevent the passenger from being thrown,
   29  falling, or jumping from the truck. This paragraph does not
   30  apply in a medical emergency if the child is accompanied within
   31  the truck by an adult. A county is exempt from this paragraph if
   32  the governing body of the county, by majority vote, following a
   33  noticed public hearing, votes to exempt the county from this
   34  paragraph.
   35         (c)It is unlawful for any operator of a pickup truck or
   36  flatbed truck to permit a minor child who has not attained 6
   37  years of age to ride within the open body of the pickup truck or
   38  flatbed truck at a speed that exceeds 35 miles per hour upon any
   39  street or highway that is maintained by the state, a county, or
   40  a municipality unless the minor is restrained within the open
   41  body in the back of a truck that has been modified to include
   42  secure seating and safety restraints that are appropriate for
   43  the child’s age to prevent such child from being thrown,
   44  falling, or jumping from the truck. This paragraph does not
   45  apply in a medical emergency if the child is accompanied within
   46  the truck by an adult. A county is exempt from this paragraph if
   47  the governing body of the county, by majority vote, following a
   48  noticed public hearing, votes to exempt the county from this
   49  paragraph. This paragraph also does not apply to the operator of
   50  a pickup truck if the truck is the only vehicle owned by the
   51  operator or the immediate family of the operator.
   52         (d)(c) Any person who violates this subsection shall be
   53  cited for a nonmoving violation, punishable as provided in
   54  chapter 318.
   55         Section 2. This act shall take effect July 1, 2009.
   56  
   57  ================= T I T L E  A M E N D M E N T ================
   58         And the title is amended as follows:
   59         Delete everything before the enacting clause
   60  and insert:
   61                        A bill to be entitled                      
   62         An act relating to traffic control; amending s.
   63         316.2015, F.S.; providing restraint requirements
   64         relating to certain truck operators who carry minor
   65         children in the bed of such truck upon a highway
   66         maintained by the state, a county, or a municipality
   67         at a speed exceeding 35 miles per hour; providing
   68         exceptions; providing a penalty; providing an
   69         effective date.