Senate Bill 1490

    Florida Senate - 1999                                  SB 1490

    By Senator Saunders





    25-897-99

  1                      A bill to be entitled

  2         An act relating to passengers of vehicles;

  3         amending s. 316.2015, F.S.; prescribing the

  4         authority of local governmental entities to

  5         adopt ordinances prohibiting persons from

  6         riding in the open bed of trucks; providing

  7         penalties; providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsections (1) and (2) of section

12  316.2015, Florida Statutes, are amended to read:

13         316.2015  Unlawful for person to ride on exterior of

14  vehicle.--

15         (1)  It is unlawful for any operator of a passenger

16  vehicle to permit any person to ride on the bumper, radiator,

17  fender, hood, top, trunk, or running board of such vehicle

18  when operated upon any street or highway which is maintained

19  by the state, county or municipality.  However, the operator

20  of any vehicle shall not be in violation of this section when

21  such operator permits any person to occupy seats securely

22  affixed to the exterior of such vehicle, except as provided in

23  subsection (2). Any person who violates the provisions of this

24  subsection shall be cited for a moving violation, punishable

25  as provided in chapter 318.

26         (2)  No person shall ride on any vehicle upon any

27  portion thereof not designed or intended for the use of

28  passengers. This provision shall not apply to an employee

29  engaged in the necessary discharge of a duty or to a person or

30  persons riding within truck bodies in space intended for

31  merchandise. Any person who violates the provisions of this

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






    Florida Senate - 1999                                  SB 1490
    25-897-99




  1  subsection shall be cited for a nonmoving violation,

  2  punishable as provided in chapter 318. However, nothing in

  3  this section may be construed to prohibit a local governmental

  4  entity from enacting an ordinance that prohibits any person

  5  other than an employee engaged in the discharge of his or her

  6  duties from riding in or otherwise occupying the open bed of a

  7  truck being operated upon any street or highway within its

  8  territorial limits. A person who violates such an ordinance is

  9  subject to the penalties provided in this subsection.

10         Section 2.  This act shall take effect July 1, 1999.

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13                          SENATE SUMMARY

14    Prescribes the authority of local governmental entities
      to adopt ordinances that prohibit certain persons from
15    riding in or occupying the open bed of a truck.

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