Bill Summary – FastDemocracy

       Florida Senate - 2023                                     SB 578
       
       
        
       By Senator Grall
       
       
       
       
       
       29-01061-23                                            2023578__
                      A bill to be entitled                      
       An act relating to side-by-side vehicles; amending s.
       316.1995, F.S.; conforming a cross-reference; amending
       s. 316.212, F.S.; authorizing the operation of side
       by-side vehicles under certain circumstances;
       requiring side-by-side vehicles to have certain
       equipment; prohibiting persons under a certain age
       from operating a side-by-side vehicle on a public road
       or street; authorizing local governmental entities to
       enact certain ordinances pertaining to side-by-side
       vehicles; amending s. 316.2125, F.S.; authorizing the
       operation of side-by-side vehicles in a retirement
       community under certain circumstances; authorizing
       local governmental entities to enact certain
       ordinances pertaining to side-by-side vehicles;
       conforming cross-references; amending s. 316.2126,
       F.S.; authorizing the operation of side-by-side
       vehicles under certain circumstances; conforming
       cross-references; making technical changes; amending
       s. 316.21265, F.S.; authorizing law enforcement
       agencies to operate side-by-side vehicles under
       certain circumstances; making technical changes;
       amending s. 316.2128, F.S.; conforming a cross
       reference; amending s. 320.01, F.S.; defining the
       terms âside-by-side vehicleâ and âUTVâ; amending s.
       322.04, F.S.; exempting a person from obtaining a
       driverâs license when operating a side-by-side vehicle
       under certain circumstances; conforming a cross
       reference; making a technical change; providing an
       effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1.âSubsection (1) of section 316.1995, Florida
Statutes, is amended to read:
       316.1995âDriving upon sidewalk or bicycle path.â
       (1)âExcept as provided in s. 316.008, s. 316.20655, s.
316.212(9) s. 316.212(8), or s. 316.2128, a person may not drive
any vehicle other than by human power upon a bicycle path,
sidewalk, or sidewalk area, except upon a permanent or duly
authorized temporary driveway.
       Section 2.âSection 316.212, Florida Statutes, is amended to
read:
       316.212âOperation of golf carts and side-by-side vehicles
on certain roadways.âThe operation of a golf cart or side-by
side vehicle upon the public roads or streets of this state is
prohibited except as provided herein:
       (1)âA golf cart or a side-by-side vehicle may be operated
only upon a county road that has been designated by a county, a
municipal street that has been designated by a municipality, or
a two-lane county road located within the jurisdiction of a
municipality designated by that municipality, for use by golf
carts or side-by-side vehicles. Before Prior to making such a
designation, the responsible local governmental entity must
first determine that golf carts or side-by-side vehicles may
safely travel on or cross the public road or street, considering
factors including the speed, volume, and character of motor
vehicle traffic using the road or street. Upon a determination
that golf carts or side-by-side vehicles may be safely operated
on a designated road or street, the responsible governmental
entity shall post appropriate signs to indicate that such
operation is allowed.
       (2)âA golf cart or a side-by-side vehicle may be operated
on a part of the State Highway System only under the following
conditions:
       (a)âTo cross a portion of the State Highway System which
intersects a county road or municipal street that has been
designated for use by golf carts or side-by-side vehicles if the
Department of Transportation has reviewed and approved the
location and design of the crossing and any traffic control
devices needed for safety purposes.
       (b)âTo cross, at midblock, a part of the State Highway
System where a golf course is constructed on both sides of the
highway if the Department of Transportation has reviewed and
approved the location and design of the crossing and any traffic
control devices needed for safety purposes.
       (3)(c)âA golf cart or a side-by-side vehicle may be
operated on a state road that has been designated for transfer
to a local government unit pursuant to s. 335.0415 if the
Department of Transportation determines that the operation of a
golf cart or a side-by-side vehicle within the right-of-way of
the road will not impede the safe and efficient flow of motor
vehicular traffic. The department may authorize the operation of
golf carts or side-by-side vehicles on such a road if:
       (a)1.âThe road is the only available public road along
which golf carts or side-by-side vehicles may travel or cross or
the road provides the safest travel route among alternative
routes available; and
       (b)2.âThe speed, volume, and character of motor vehicular
traffic using the road is considered in making such a
determination.

Upon its determination that golf carts or side-by-side vehicles
may be operated on a given road, the department shall post
appropriate signs on the road to indicate that such operation is
allowed.
       (4)(3)âNotwithstanding any other provision of this section,
a golf cart or a side-by-side vehicle may be operated for the
purpose of crossing a street or highway where a single mobile
home park is located on both sides of the street or highway and
is divided by that street or highway, provided that the
governmental entity having original jurisdiction over such
street or highway shall review and approve the location of the
crossing and require implementation of any traffic controls
needed for safety purposes. This subsection applies shall apply
only to residents or guests of the mobile home park. If notice
is posted at the entrance and exit of any mobile home park where
residents of the park operate golf carts, side-by-side vehicles,
or electric vehicles within the confines of the park, it is not
necessary for the park to have a gate or other device at the
entrance and exit in order for such golf carts, side-by-side
vehicles, or electric vehicles to be lawfully operated in the
park.
       (5)(4)âNotwithstanding any other provision of this section,
if authorized by the Division of Recreation and Parks of the
Department of Environmental Protection, a golf cart or a side
by-side vehicle may be operated on a road that is part of the
State Park Road System if the posted speed limit is 35 miles per
hour or less.
       (6)(5)âA golf cart or a side-by-side vehicle may be
operated only during the hours between sunrise and sunset,
unless the responsible governmental entity has determined that a
golf cart or a side-by-side vehicle may be operated during the
hours between sunset and sunrise and the golf cart or the side
by-side vehicle is equipped with headlights, brake lights, turn
signals, and a windshield.
       (7)(6)âA golf cart or a side-by-side vehicle must be
equipped with efficient brakes, reliable steering apparatus,
safe tires, a rearview mirror, and red reflectorized warning
devices in both the front and rear.
       (8)(7)âA golf cart or a side-by-side vehicle may not be
operated on public roads or streets by any person under the age
of 14.
       (9)(8)âA local governmental entity may enact an ordinance
relating to:
       (a)âGolf cart operation and equipment or side-by-side
vehicle operation and equipment which is more restrictive than
those enumerated in this section. Upon enactment of such
ordinance, the local governmental entity shall post appropriate
signs or otherwise inform the residents that such an ordinance
exists and that it will be enforced within the local
governmentâs jurisdictional territory. An ordinance referred to
in this section applies must apply only to an unlicensed driver.
       (b)âGolf cart or side-by-side vehicle operation on
sidewalks adjacent to specific segments of municipal streets,
county roads, or state highways within the jurisdictional
territory of the local governmental entity if:
       1.âThe local governmental entity determines, after
considering the condition and current use of the sidewalks, the
character of the surrounding community, and the locations of
authorized golf cart or side-by-side vehicle crossings, that
golf carts, side-by-side vehicles, bicycles, and pedestrians may
safely share the sidewalk;
       2.âThe local governmental entity consults with the
Department of Transportation before adopting the ordinance;
       3.âThe ordinance restricts golf carts or side-by-side
vehicles to a maximum speed of 15 miles per hour and permits
such use on sidewalks adjacent to state highways only if the
sidewalks are at least 8 feet wide;
       4.âThe ordinance requires the golf carts or the side-by
side vehicles to meet the equipment requirements in subsection
(7) (6). However, the ordinance may require additional
equipment, including horns or other warning devices required by
s. 316.271; and
       5.âThe local governmental entity posts appropriate signs or
otherwise informs residents that the ordinance exists and
applies to such sidewalks.
       (10)(9)âA violation of this section is a noncriminal
traffic infraction, punishable pursuant to chapter 318 as a
moving violation for infractions of subsections (1)-(6) (1)-(5)
or a local ordinance corresponding thereto and enacted pursuant
to subsection (9) (8), or punishable pursuant to chapter 318 as
a nonmoving violation for infractions of subsection (7) (6),
subsection (8) (7), or a local ordinance corresponding thereto
and enacted pursuant to subsection (9) (8).
       Section 3.âSection 316.2125, Florida Statutes, is amended
to read:
       316.2125âOperation of golf carts and side-by-side vehicles
within a retirement community.â
       (1)âNotwithstanding the provisions of s. 316.212, the
reasonable operation of a golf cart or side-by-side vehicle,
equipped and operated as provided in s. 316.212(6), (7), and (8)
s. 316.212(5), (6), and (7), within any self-contained
retirement community is permitted unless prohibited under
subsection (2).
       (2)(a)âA county or municipality may prohibit the operation
of golf carts or side-by-side vehicles on any street or highway
under its jurisdiction if the governing body of the county or
municipality determines that such prohibition is necessary in
the interest of safety.
       (b)âThe Department of Transportation may prohibit the
operation of golf carts or side-by-side vehicles on any street
or highway under its jurisdiction if it determines that such
prohibition is necessary in the interest of safety.
       (3)âA local governmental entity may enact an ordinance
regarding golf cart operation and equipment or side-by-side
vehicle operation and equipment which is more restrictive than
those enumerated in this section. Upon enactment of any such
ordinance, the local governmental entity shall post appropriate
signs or otherwise inform the residents that such an ordinance
exists and that it shall be enforced within the local
governmentâs jurisdictional territory. An ordinance referred to
in this section applies must apply only to an unlicensed driver.
       Section 4.âSection 316.2126, Florida Statutes, is amended
to read:
       316.2126âAuthorized use of golf carts, low-speed vehicles,
side-by-side vehicles, and utility vehicles.â
       (1)âIn addition to the powers granted by ss. 316.212 and
316.2125, municipalities are authorized to use golf carts, side
by-side vehicles, and utility vehicles, as defined in s. 320.01,
upon any state, county, or municipal roads located within the
corporate limits of such municipalities, subject to the
following conditions:
       (a)âGolf carts, side-by-side vehicles, and utility vehicles
must comply with the operational and safety requirements in ss.
316.212 and 316.2125, and with any more restrictive ordinances
enacted by the local governmental entity pursuant to s.
316.212(9) s. 316.212(8), and may shall be operated only by
municipal employees for municipal purposes, including, but not
limited to, police patrol, traffic enforcement, and inspection
of public facilities.
       (b)âIn addition to the safety equipment required in s.
316.212(7) s. 316.212(6) and any more restrictive safety
equipment required by the local governmental entity pursuant to
s. 316.212(9) s. 316.212(8), such golf carts, side-by-side
vehicles, and utility vehicles must be equipped with sufficient
lighting and turn signal equipment.
       (c)âGolf carts, side-by-side vehicles, and utility vehicles
may be operated only on state roads that have a posted speed
limit of 30 miles per hour or less.
       (d)âGolf carts, side-by-side vehicles, and utility vehicles
may cross a portion of the State Highway System which has a
posted speed limit of 45 miles per hour or less only at an
intersection with an official traffic control device.
       (e)âGolf carts, side-by-side vehicles, and utility vehicles
may operate on sidewalks adjacent to state highways only if such
golf carts, side-by-side vehicles, and utility vehicles yield to
pedestrians and if the sidewalks are at least 5 feet wide.
       (2)âState employees, state park volunteers, and state park
visitors are authorized to use golf carts, side-by-side
vehicles, and utility vehicles, as those terms are defined in s.
320.01(22), (46), and (42), respectively s. 320.01, upon any
public roads within the boundaries of state parks managed by the
Division of Recreation and Parks of the Department of
Environmental Protection, subject to the following conditions:
       (a)âGolf carts, side-by-side vehicles, and utility vehicles
must comply with the operational and safety requirements in s.
316.212.
       (b)âGolf carts, side-by-side vehicles, and utility vehicles
may shall be operated only by state employees and state park
volunteers for state purposes and by state park visitors for
uses authorized by the Division of Recreation and Parks of the
Department of Environmental Protection.
       (3)(a)âAs used in this subsection, the term:
       1.ââGolf cartâ means a motor vehicle as defined in s.
320.01(22), including vehicles modified to have a cargo platform
or bin to transport parcels or a hitch to tow a trailer.
       2.ââResidential areaâ means areas zoned primarily or
exclusively for single-family or multifamily residential use.
       3.ââSeasonal delivery personnelâ means employees of a
licensed commercial delivery service that has at least 10,000
persons employed in this state.
       (b)âSeasonal delivery personnel may use the following
vehicles solely for the purpose of delivering express envelopes
and packages having a maximum size of 130 inches for the
combined length and girth and weighing not more than 150 pounds
from midnight October 15 until midnight January 31 of each year:
       1.âLow-speed vehicles and utility vehicles as defined in s.
320.01(41) and (42), respectively, s. 320.01 upon any public
road within a residential area that has a posted speed limit of
35 miles per hour or less.
       2.âGolf carts and side-by-side vehicles upon a public road
within a residential area that has a posted speed limit of 30
miles per hour or less.
       3.âGolf carts and side-by-side vehicles upon a public road
within a residential area that has a posted speed limit of 30 to
35 miles per hour, unless a municipality having jurisdiction
over the public road has enacted an ordinance restricting
personnel from driving on such roads.

Seasonal delivery personnel may pull a trailer from any of these
vehicles.
       (c)âAll vehicles specified in this subsection must be:
       1.âMarked in a conspicuous manner with the name of the
delivery service.
       2.âEquipped with, at a minimum, the equipment required
under s. 316.212(7) s. 316.2