HB 0103 2003
   
1 A bill to be entitled
2         An act relating to motor vehicles; amending s. 316.2015,
3   F.S.; prohibiting certain persons from riding on the
4   exterior of a passenger vehicle or in areas not designed
5   or intended for the use of passengers on certain vehicles;
6   prohibiting certain minors from riding within the body of
7   a pickup truck or flatbed truck; providing exceptions;
8   providing penalties; amending s. 316.008, F.S.;
9   authorizing counties and municipalities to exempt
10   themselves from such prohibition; providing an effective
11   date.
12         
13         Be It Enacted by the Legislature of the State of Florida:
14         
15         Section 1. Section 316.2015, Florida Statutes, is amended
16   to read:
17         316.2015 Unlawful for person to ride on exterior of
18   vehicle.--
19         (1) It is unlawful for any operator of a passenger vehicle
20   to permit any person to ride on the bumper, radiator, fender,
21   hood, top, trunk, or running board of such vehicle when operated
22   upon any street or highway which is maintained by the state,
23   county or municipality.However, the operator of any vehicle
24   shall not be in violation of this section when such operator
25   permits any person to occupy seats securely affixed to the
26   exterior of such vehicle.Any person who violatesthe provisions
27   ofthis subsection shall be cited for a moving violation,
28   punishable as provided in chapter 318.
29         (2) No person shall ride on any vehicle upon any portion
30   thereof not designed or intended for the use of passengers. This
31   provision shall not apply to an employeeof a fire department, a
32   governmentally operated solid waste disposal department, or a
33   waste disposal service operating pursuant to a contract with a
34   governmental entity or to a volunteer firefighterengaged in the
35   necessary discharge of a duty, nor does it apply to a person who
36   is being transported in response to an emergency by a public
37   agency or pursuant to the direction or authority of a public
38   agencyor to a person or persons riding within truck bodies in
39   space intended for merchandise.No minor child 16 years of age
40   or younger shall ride upon the public roads of the state within
41   the body of an open pickup truck or flatbed truck unless the
42   minor is restrained within the back of a truck which has been
43   modified to include secure seating and safety restraints which
44   would prevent the minor from being thrown, falling, or jumping
45   from the truck. The provisions of this subsection shall be
46   inapplicable in a medical emergency if the child is accompanied
47   within the truck by an adult and shall be inapplicable when the
48   truck is being operated upon a farm or off the public roads of
49   the state.Any person who violatesthe provisions ofthis
50   subsection shall be cited for a nonmoving violation, punishable
51   as provided in chapter 318.
52         (3) This section shall not apply to a performer engaged in
53   a professional exhibition or person participating in an
54   exhibition or parade, or any such person preparing to
55   participate in such exhibitions or parades.
56         Section 2. Subsection (7) is added to section 316.008,
57   Florida Statutes, to read:
58         316.008 Powers of local authorities.--
59         (7) A county or municipality may adopt an ordinance that
60   authorizes persons to ride on the bed of a pickup truck or
61   flatbed truck, notwithstanding the prohibition contained in s.
62   316.2015.
63         Section 3. This act shall take effect July 1, 2003.
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