Bill Amendment: FL S1458 | 2013 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Department of Highway Safety and Motor Vehicles

Status: 2013-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/HB 7125 (Ch. 2013-160) [S1458 Detail]

Download: Florida-2013-S1458-Appropriations_Subcommittee_on_Transportation_Tourism_and_Economic_Development_Committee_Amendment_780262.html

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       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