Senate Bill sb1422

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    Florida Senate - 2003                                  SB 1422

    By Senator Campbell





    32-914-03                                           See HB 103

  1                      A bill to be entitled

  2         An act relating to motor vehicles; amending s.

  3         316.2015, F.S.; prohibiting certain persons

  4         from riding on the exterior of a passenger

  5         vehicle or in areas not designed or intended

  6         for the use of passengers on certain vehicles;

  7         prohibiting certain minors from riding within

  8         the body of a pickup truck or flatbed truck;

  9         providing exceptions; providing penalties;

10         amending s. 316.008, F.S.; authorizing counties

11         and municipalities to exempt themselves from

12         such prohibition; providing an effective date.

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

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16         Section 1.  Section 316.2015, Florida Statutes, is

17  amended to read:

18         316.2015  Unlawful for person to ride on exterior of

19  vehicle.--

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

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

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

23  when operated upon any street or highway which is maintained

24  by the state, county or municipality. However, the operator of

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

26  such operator permits any person to occupy seats securely

27  affixed to the exterior of such vehicle. Any person who

28  violates the provisions of this subsection shall be cited for

29  a moving violation, punishable as provided in chapter 318.

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

31  portion thereof not designed or intended for the use of

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






    Florida Senate - 2003                                  SB 1422
    32-914-03                                           See HB 103




  1  passengers. This provision shall not apply to an employee of a

  2  fire department, a governmentally operated solid waste

  3  disposal department, or a waste disposal service operating

  4  pursuant to a contract with a governmental entity or to a

  5  volunteer firefighter engaged in the necessary discharge of a

  6  duty, nor does it apply to a person who is being transported

  7  in response to an emergency by a public agency or pursuant to

  8  the direction or authority of a public agency or to a person

  9  or persons riding within truck bodies in space intended for

10  merchandise. No minor child 16 years of age or younger shall

11  ride upon the public roads of the state within the body of an

12  open pickup truck or flatbed truck unless the minor is

13  restrained within the back of a truck which has been modified

14  to include secure seating and safety restraints which would

15  prevent the minor from being thrown, falling, or jumping from

16  the truck. The provisions of this subsection shall be

17  inapplicable in a medical emergency if the child is

18  accompanied within the truck by an adult and shall be

19  inapplicable when the truck is being operated upon a farm or

20  off the public roads of the state. Any person who violates the

21  provisions of this subsection shall be cited for a nonmoving

22  violation, punishable as provided in chapter 318.

23         (3)  This section shall not apply to a performer

24  engaged in a professional exhibition or person participating

25  in an exhibition or parade, or any such person preparing to

26  participate in such exhibitions or parades.

27         Section 2.  Subsection (7) is added to section 316.008,

28  Florida Statutes, to read:

29         316.008  Powers of local authorities.--

30         (7)  A county or municipality may adopt an ordinance

31  that authorizes persons to ride on the bed of a pickup truck

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    Florida Senate - 2003                                  SB 1422
    32-914-03                                           See HB 103




  1  or flatbed truck, notwithstanding the prohibition contained in

  2  s. 316.2015.

  3         Section 3.  This act shall take effect July 1, 2003.

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