Senate Bill sb1928
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Florida Senate - 2005 SB 1928
By Senator Sebesta
16-830-05
1 A bill to be entitled
2 An act relating to traffic safety; amending s.
3 316.2015, F.S.; removing an exception to
4 prohibition of persons riding on the exterior
5 of a passenger vehicle; revising exceptions to
6 prohibition of persons riding on any vehicle on
7 an area of the vehicle not designed or intended
8 for the use of passengers; prohibiting operator
9 from allowing certain minors to ride within the
10 open body of a pickup truck or flatbed truck;
11 providing exceptions; providing penalties;
12 providing for counties to be exempted from the
13 act; providing an effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Section 316.2015, Florida Statutes, is
18 amended to read:
19 316.2015 Unlawful for person to ride on exterior of
20 vehicle.--
21 (1) It is unlawful for any operator of a passenger
22 vehicle to permit any person to ride on the bumper, radiator,
23 fender, hood, top, trunk, or running board of such vehicle
24 when operated upon any street or highway which is maintained
25 by the state, county, or municipality. However, the operator
26 of any vehicle shall not be in violation of this section when
27 such operator permits any person to occupy seats securely
28 affixed to the exterior of such vehicle. Any person who
29 violates the provisions of this subsection shall be cited for
30 a moving violation, punishable as provided in chapter 318.
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Florida Senate - 2005 SB 1928
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1 (2)(a) No person shall ride on any vehicle upon any
2 portion thereof not designed or intended for the use of
3 passengers. This paragraph does not apply to an employee of a
4 fire department, an employee of a governmentally operated
5 solid waste disposal department or a waste disposal service
6 operating pursuant to a contract with a governmental entity,
7 or to a volunteer firefighter when the employee or firefighter
8 is engaged in the necessary discharge of a duty and does not
9 apply to a person who is being transported in response to an
10 emergency by a public agency or pursuant to the direction or
11 authority of a public agency This provision shall not apply to
12 an employee engaged in the necessary discharge of a duty or to
13 a person or persons riding within truck bodies in space
14 intended for merchandise.
15 (b) It is unlawful for any operator of a pickup truck
16 or flatbed truck to permit a minor child who has not attained
17 18 years of age to ride upon the public roads of the state
18 within the open body of the pickup truck or flatbed truck
19 unless the minor is restrained within the open body in the
20 back of a truck which has been modified to include secure
21 seating and safety restraints that would prevent the minor
22 from being thrown, falling, or jumping from the truck. This
23 paragraph does not apply in a medical emergency if the child
24 is accompanied within the truck by an adult and does not apply
25 when the truck is being operated on a farm or off the public
26 roads of the state.
27 (c) Any person who violates the provisions of this
28 subsection shall be cited for a nonmoving violation,
29 punishable as provided in chapter 318.
30 (3) This section shall not apply to a performer
31 engaged in a professional exhibition or person participating
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Florida Senate - 2005 SB 1928
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1 in an exhibition or parade, or any such person preparing to
2 participate in such exhibitions or parades.
3 (4) A county is exempt from this section if the
4 governing body of the county, by majority vote, following a
5 duly noticed public hearing, votes to exempt the county from
6 this section.
7 Section 2. This act shall take effect July 1, 2005.
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10 SENATE SUMMARY
11 Revises provisions relating to persons riding on the
exterior of vehicles. Revises exemptions. Prohibits
12 minors from riding in the open body of a pickup truck.
Provides exemptions. Provides for a county to exempt
13 itself from such regulation. (See bill for details.)
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