Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. CS for SB 1458
Barcode 780262
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/29/2013 .
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Appropriations Subcommittee on Transportation, Tourism, and
Economic Development (Sobel) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 491 and 492
4 insert:
5 Section 8. Section 316.2015, Florida Statutes, is amended
6 to read:
7 316.2015 Unlawful for person to ride on exterior of
8 vehicle.—
9 (1) It is unlawful for any operator of a passenger vehicle
10 to permit any person to ride on the bumper, radiator, fender,
11 hood, top, trunk, or running board of such vehicle when operated
12 upon any street or highway which is maintained by the state,
13 county, or municipality. Any person who violates this subsection
14 shall be cited for a moving violation, punishable as provided in
15 chapter 318.
16 (2)(a) No person shall ride on any vehicle upon any portion
17 thereof not designed or intended for the use of passengers. This
18 paragraph does not apply to an employee of a fire department, an
19 employee of a governmentally operated solid waste disposal
20 department or a waste disposal service operating pursuant to a
21 contract with a governmental entity, or to a volunteer
22 firefighter when the employee or firefighter is engaged in the
23 necessary discharge of a duty, and does not apply to a person
24 who is being transported in response to an emergency by a public
25 agency or pursuant to the direction or authority of a public
26 agency. This paragraph does not apply to an employee engaged in
27 the necessary discharge of a duty or to a person or persons
28 riding within truck bodies in space intended for merchandise.
29 (b) It is unlawful for any operator of a pickup truck or
30 flatbed truck to permit a minor child who has not attained 18
31 years of age to ride upon limited access facilities of the state
32 within the open body of a pickup truck or flatbed truck unless
33 the minor is restrained within the open body in the back of a
34 truck that has been modified to include secure seating and
35 safety restraints to prevent the passenger from being thrown,
36 falling, or jumping from the truck. This paragraph does not
37 apply in a medical emergency if the child is accompanied within
38 the truck by an adult. A county is exempt from this paragraph if
39 the governing body of the county, by majority vote, following a
40 noticed public hearing, votes to exempt the county from this
41 paragraph.
42 (c) It is unlawful for any operator of a pickup truck or
43 flatbed truck to permit a minor child who has not attained 6
44 years of age to ride upon any street or highway with a posted
45 speed limit of greater than forty five miles per hour which is
46 maintained by the state, county, or municipality within the open
47 body of a pickup truck or flatbed truck unless the minor is
48 restrained within the open body in the back of a truck that has
49 been modified to include secure seating and safety restraints to
50 prevent the minor from being thrown, falling, or jumping from
51 the truck. This paragraph does not apply in a medical emergency
52 if the child is accompanied within the truck by an adult, or on
53 an unpaved road. A county is exempt from this paragraph if the
54 governing body of the county, by majority vote, following a
55 noticed public hearing, votes to exempt the county from this
56 paragraph. An operator of a pickup truck is exempt from this
57 paragraph if the pickup truck is the only vehicle owned by the
58 operator or his or her immediate family.
59 (d)(c) Any person who violates this subsection shall be
60 cited for a nonmoving violation, punishable as provided in
61 chapter 318.
62 (3) This section does shall not apply to a performer
63 engaged in a professional exhibition or person participating in
64 an exhibition or parade, or any such person preparing to
65 participate in such exhibitions or parades.
66
67 ================= T I T L E A M E N D M E N T ================
68 And the title is amended as follows:
69 Delete line 22
70 and insert:
71 amending s. 316.2015, F.S.; prohibiting the operator
72 of a pickup truck or flatbed truck from permitting a
73 child who is younger than 6 years of age from riding
74 within the open body of the truck under certain
75 circumstances; amending s. 316.302, F.S.; revising
76 provisions for