F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1371 2023
1 A bill to be entitled
2 An act relating to side-by-side vehicles; amending s.
3 316.1995, F.S.; conforming a cross-reference; amending
4 s. 316.212, F.S.; authorizing the operation of side -
5 by-side vehicles under certain circumstances;
6 requiring side-by-side vehicles to have certain
7 equipment; prohibiting persons under a certain age
8 from operating a side-by-side vehicle on a public road
9 or street; authorizing local governmental entities to
10 enact certain ordinances pertaining to side-by-side
11 vehicles; amending s. 316.2125, F.S.; authorizing the
12 operation of side-by-side vehicles in a retirement
13 community under certain circumstances; authorizing
14 local governmental entities to enact certain
15 ordinances pertaining to side-by-side vehicles;
16 conforming cross-references; amending s. 316.2126,
17 F.S.; authorizing the operation of side-by-side
18 vehicles under certain circumstances; conforming
19 cross-references; making technical changes; amending
20 s. 316.21265, F.S.; authorizing law enforcement
21 agencies to operate side-by-side vehicles under
22 certain circumstances; making technical changes;
23 amending s. 316.2128, F.S.; conforming a cross-
24 reference; amending s. 320.01, F.S.; defining the
25 terms "side-by-side vehicle" and "UTV"; amending s.
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HB 1371 2023
26 322.04, F.S.; exempting a person from obtaining a
27 driver's license when operating a side-by-side vehicle
28 under certain circumstances; conforming a cross-
29 reference; making a technical change; providing an
30 effective date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Subsection (1) of section 316.1995, Florida
35 Statutes, is amended to read:
36 316.1995 Driving upon sidewalk or bicycle path.—
37 (1) Except as provided in s. 316.008, s. 316.20655, s.
38 316.212(9) s. 316.212(8), or s. 316.2128, a person may not drive
39 any vehicle other than by human power upon a bicycle path,
40 sidewalk, or sidewalk area, except upon a permanent or duly
41 authorized temporary driveway.
42 Section 2. Section 316.212, Florida Statutes, is amended
43 to read:
44 316.212 Operation of golf carts and side-by-side vehicles
45 on certain roadways.—The operation of a golf cart or side-by-
46 side vehicle upon the public roads or streets of this state is
47 prohibited except as provided herein:
48 (1) A golf cart or a side-by-side vehicle may be operated
49 only upon a county road that has been designated by a county, a
50 municipal street that has been designated by a municipality, or
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51 a two-lane county road located within the jurisdiction of a
52 municipality designated by that municipality, for use by golf
53 carts or side-by-side vehicles. Before Prior to making such a
54 designation, the responsible local governmental entity must
55 first determine that golf carts or side-by-side vehicles may
56 safely travel on or cross the public road or street, considering
57 factors including the speed, volume, and character of motor
58 vehicle traffic using the road or street. Upon a determination
59 that golf carts or side-by-side vehicles may be safely operated
60 on a designated road or street, the responsible governmental
61 entity shall post appropriate signs to indicate that such
62 operation is allowed.
63 (2) A golf cart or a side-by-side vehicle may be operated
64 on a part of the State Highway System only under the following
65 conditions:
66 (a) To cross a portion of the State Highway System which
67 intersects a county road or municipal street that has been
68 designated for use by golf carts or side-by-side vehicles if the
69 Department of Transportation has reviewed and approved the
70 location and design of the crossing and any traffic control
71 devices needed for safety purposes.
72 (b) To cross, at midblock, a part of the State Highway
73 System where a golf course is constructed on both sides of the
74 highway if the Department of Transportation has reviewed and
75 approved the location and design of the crossing and any traffic
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76 control devices needed for safety purposes.
77 (3)(c) A golf cart or a side-by-side vehicle may be
78 operated on a state road that has been designated for transfer
79 to a local government unit pursuant to s. 335.0415 if the
80 Department of Transportation determines that the operation of a
81 golf cart or a side-by-side vehicle within the right-of-way of
82 the road will not impede the safe and efficient flow of motor
83 vehicular traffic. The department may authorize the operation of
84 golf carts or side-by-side vehicles on such a road if:
85 (a)1. The road is the only available public road along
86 which golf carts or side-by-side vehicles may travel or cross or
87 the road provides the safest travel route among alternative
88 routes available; and
89 (b)2. The speed, volume, and character of motor vehicular
90 traffic using the road is considered in making such a
91 determination.
92
93 Upon its determination that golf carts or side-by-side vehicles
94 may be operated on a given road, the department shall post
95 appropriate signs on the road to indicate that such operation is
96 allowed.
97 (4)(3) Notwithstanding any other provision of this
98 section, a golf cart or a side-by-side vehicle may be operated
99 for the purpose of crossing a street or highway where a single
100 mobile home park is located on both sides of the street or
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101 highway and is divided by that street or highway, provided that
102 the governmental entity having original jurisdiction over such
103 street or highway shall review and approve the location of the
104 crossing and require implementation of any traffic controls
105 needed for safety purposes. This subsection applies shall apply
106 only to residents or guests of the mobile home park. If notice
107 is posted at the entrance and exit of any mobile home park where
108 residents of the park operate golf carts, side-by-side vehicles,
109 or electric vehicles within the confines of the park, it is not
110 necessary for the park to have a gate or other device at the
111 entrance and exit in order for such golf carts, side-by-side
112 vehicles, or electric vehicles to be lawfully operated in the
113 park.
114 (5)(4) Notwithstanding any other provision of this
115 section, if authorized by the Division of Recreation and Parks
116 of the Department of Environmental Protection, a golf cart or a
117 side-by-side vehicle may be operated on a road that is part of
118 the State Park Road System if the posted speed limit is 35 miles
119 per hour or less.
120 (6)(5) A golf cart or a side-by-side vehicle may be
121 operated only during the hours between sunrise and sunset,
122 unless the responsible governmental entity has determined that a
123 golf cart or a side-by-side vehicle may be operated during the
124 hours between sunset and sunrise and the golf cart or the side-
125 by-side vehicle is equipped with headlights, brake lights, turn
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126 signals, and a windshield.
127 (7)(6) A golf cart or a side-by-side vehicle must be
128 equipped with efficient brakes, reliable steering apparatus,
129 safe tires, a rearview mirror, and red reflectorized warning
130 devices in both the front and rear.
131 (8)(7) A golf cart or a side-by-side vehicle may not be
132 operated on public roads or streets by any person under the age
133 of 14.
134 (9)(8) A local governmental entity may enact an ordinance
135 relating to:
136 (a) Golf cart operation and equipment or side-by-side
137 vehicle operation and equipment which is more restrictive than
138 those enumerated in this section. Upon enactment of such
139 ordinance, the local governmental entity shall post appropriate
140 signs or otherwise inform the residents that such an ordinance
141 exists and that it will be enforced within the local
142 government's jurisdictional territory. An ordinance referred to
143 in this section applies must apply only to an unlicensed driver.
144 (b) Golf cart or side-by-side vehicle operation on
145 sidewalks adjacent to specific segments of municipal streets,
146 county roads, or state highways within the jurisdictional
147 territory of the local governmental entity if:
148 1. The local governmental entity determines, after
149 considering the condition and current use of the sidewalks, the
150 character of the surrounding community, and the locations of
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151 authorized golf cart or side-by-side vehicle crossings, that
152 golf carts, side-by-side vehicles, bicycles, and pedestrians may
153 safely share the sidewalk;
154 2. The local governmental entity consults with the
155 Department of Transportation before adopting the ordinance;
156 3. The ordinance restricts golf carts or side-by-side
157 vehicles to a maximum speed of 15 miles per hour and permits
158 such use on sidewalks adjacent to state highways only if the
159 sidewalks are at least 8 feet wide;
160 4. The ordinance requires the golf carts or the side-by-
161 side vehicles to meet the equipment requirements in subsection
162 (7) (6). However, the ordinance may require additional
163 equipment, including horns or other warning devices required by
164 s. 316.271; and
165 5. The local governmental entity posts appropriate signs
166 or otherwise informs residents that the ordinance exists and
167 applies to such sidewalks.
168 (10)(9) A violation of this section is a noncriminal
169 traffic infraction, punishable pursuant to chapter 318 as a
170 moving violation for infractions of subsections (1)-(6) (1)-(5)
171 or a local ordinance corresponding thereto and enacted pursuant
172 to subsection (9) (8), or punishable pursuant to chapter 318 as
173 a nonmoving violation for infractions of subsection (7) (6),
174 subsection (8) (7), or a local ordinance corresponding thereto
175 and enacted pursuant to subsection (9) (8).
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176 Section 3. Section 316.2125, Florida Statutes, is amended
177 to read:
178 316.2125 Operation of golf carts and side-by-side vehicles
179 within a retirement community.—
180 (1) Notwithstanding the provisions of s. 316.212, the
181 reasonable operation of a golf cart or side-by-side vehicle,
182 equipped and operated as provided in s. 316.212(6), (7), and (8)
183 s. 316.212(5), (6), and (7), within any self-contained
184 retirement community is permitted unless prohibited under
185 subsection (2).
186 (2)(a) A county or municipality may prohibit the operation
187 of golf carts or side-by-side vehicles on any street or highway
188 under its jurisdiction if the governing body of the county or
189 municipality determines that such prohibition is necessary in
190 the interest of safety.
191 (b) The Department of Transportation may prohibit the
192 operation of golf carts or side-by-side vehicles on any street
193 or highway under its jurisdiction if it determines that such
194 prohibition is necessary in the interest of safety.
195 (3) A local governmental entity may enact an ordinance
196 regarding golf cart operation and equipment or side-by-side
197 vehicle operation and equipment which is more restrictive than
198 those enumerated in this section. Upon enactment of any such
199 ordinance, the local governmental entity shall post appropriate
200 signs or otherwise inform the residents that such an ordinance
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201 exists and that it shall be enforced within the local
202 government's jurisdictional territory. An ordinance referred to
203 in this section applies must apply only to an unlicensed driver.
204 Section 4. Section 316.2126, Florida Statutes, is amended
205 to read:
206 316.2126 Authorized use of golf carts, low-speed vehicles,
207 side-by-side vehicles, and utility vehicles.—
208 (1) In addition to the powers granted by ss. 316.212 and
209 316.2125, municipalities are authorized to use golf carts, side-
210 by-side vehicles, and utility vehicles, as defined in s. 320.01,
211 upon any state, county, or municipal roads located within the
212 corporate limits of such municipalities, subject to the
213 following conditions:
214 (a) Golf carts, side-by-side vehicles, and utility
215 vehicles must comply with the operational and safety
216 requirements in ss. 316.212 and 316.2125, and