Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1150
       
       
       
       
       
       
                                Barcode 888212                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/30/2011           .                                
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       The Committee on Governmental Oversight and Accountability
       (Siplin) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 389 and 390
    4  insert:
    5         Section 7. Section 316.2015, Florida Statutes, is amended
    6  to read:
    7         316.2015 Unlawful for person to ride on exterior of
    8  vehicle.—
    9         (1) The It is unlawful for any operator of a passenger
   10  vehicle may not to permit any person to ride on the bumper,
   11  radiator, fender, hood, top, trunk, or running board of such
   12  vehicle when operated upon any street or highway that which is
   13  maintained by the state, county, or municipality. Any person who
   14  violates this subsection shall be cited for a moving violation,
   15  punishable as provided in chapter 318.
   16         (2)(a) A No person may not shall ride on any vehicle or
   17  upon any portion thereof which is not designed or intended for
   18  the use of passengers. This paragraph does not apply to an
   19  employee of a fire department, an employee of a governmentally
   20  operated solid waste disposal department or a waste disposal
   21  service operating pursuant to a contract with a governmental
   22  entity, or to a volunteer firefighter when the employee or
   23  firefighter is engaged in the necessary discharge of a duty, and
   24  does not apply to a person who is being transported in response
   25  to an emergency by a public agency or pursuant to the direction
   26  or authority of a public agency. This paragraph does not apply
   27  to an employee engaged in the necessary discharge of a duty or
   28  to a person or persons riding within truck bodies in space
   29  intended for merchandise.
   30         (b) The It is unlawful for any operator of a pickup truck
   31  or flatbed truck may not to permit a person minor child who is
   32  younger than has not attained 18 years of age to ride upon
   33  limited access facilities of the state within the open body of a
   34  pickup truck or flatbed truck unless the minor is restrained
   35  within the open body in the back of a truck that has been
   36  modified to include secure seating and safety restraints to
   37  prevent the passenger from being thrown, falling, or jumping
   38  from the truck. This paragraph does not apply in a medical
   39  emergency if the child is accompanied within the truck by an
   40  adult. A county is exempt from this paragraph if the governing
   41  body of the county, by majority vote, following a noticed public
   42  hearing, votes to exempt the county from this paragraph.
   43         (c) The operator of a pickup truck or flatbed truck may not
   44  permit a child who is younger than 6 years of age to ride within
   45  the open body of a pickup truck or flatbed truck while the truck
   46  is operating on any publicly maintained street or highway having
   47  a posted speed limit that is greater than 35 miles per hour
   48  unless the minor is restrained within the open body in the back
   49  of a truck that has been modified to include secure seating and
   50  safety restraints to prevent the passenger from being thrown,
   51  falling, or jumping from the truck. This paragraph does not
   52  apply in a medical emergency if the child is accompanied within
   53  the truck by an adult. This paragraph does not apply in a
   54  medical emergency if the child is accompanied within the truck
   55  by an adult. A county is exempt from this paragraph if the
   56  governing body of the county, by a majority, vote, following a
   57  noticed public hearing, votes to exempt the county from this
   58  paragraph. An operator of a pickup truck is exempt from this
   59  paragraph if the pickup truck is the only vehicle owned by the
   60  operator or his or her immediate family.
   61         (d)(c) Any person who violates this subsection shall be
   62  cited for a nonmoving violation, punishable as provided in
   63  chapter 318.
   64         (3) This section does shall not apply to a performer
   65  engaged in a professional exhibition or person participating in
   66  an exhibition or parade, or any such person preparing to
   67  participate in such exhibitions or parades.
   68  
   69  ================= T I T L E  A M E N D M E N T ================
   70         And the title is amended as follows:
   71         Delete line 22
   72  and insert:
   73         conforming a reference; amending s. 316.2015, F.S.;
   74         prohibiting the operator of a pickup truck or flatbed
   75         truck from permitting a child who is younger than 6
   76         years of age from riding within the open body of the
   77         truck under certain circumstances; making technical
   78         and grammatical changes; amending s. 316.2085, F.S.;