Senate Bill sb2658

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    Florida Senate - 2006                                  SB 2658

    By Senator Sebesta





    16-1249-06

  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 on

11         limited access facilities; providing

12         exceptions; providing penalties; providing for

13         counties to be exempted from the act; providing

14         an effective date.

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

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18         Section 1.  Section 316.2015, Florida Statutes, is

19  amended to read:

20         316.2015  Unlawful for person to ride on exterior of

21  vehicle.--

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

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

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

25  when operated upon any street or highway which is maintained

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

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

28  such operator permits any person to occupy seats securely

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

30  violates the provisions of this subsection shall be cited for

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

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    Florida Senate - 2006                                  SB 2658
    16-1249-06




 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

12  to an employee engaged in the necessary discharge of a duty or

13  to a person or persons over the age of 18 years riding within

14  truck bodies in space 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 limited access facilities of the

18  state within the open body of a 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. A county is

25  exempt from this paragraph if the governing body of the

26  county, by majority vote, following a duly noticed public

27  hearing, votes to exempt the county from this paragraph.

28         (c)  Any person who violates the provisions of this

29  subsection shall be cited for a nonmoving violation,

30  punishable as provided in chapter 318.

31  

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    Florida Senate - 2006                                  SB 2658
    16-1249-06




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

 2  engaged in a professional exhibition or person participating

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

 4  participate in such exhibitions or parades.

 5         Section 2.  This act shall take effect July 1, 2006.

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 7            *****************************************

 8                          SENATE SUMMARY

 9    Revises provisions relating to persons riding on the
      exterior of vehicles. Revises exemptions. Prohibits
10    minors from riding in the open body of a pickup truck.
      Provides exemptions. Provides for a county to exempt
11    itself from such regulation. (See bill for details.)

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