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.