Senate Bill 0996e1

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    SB 996                                         First Engrossed



  1                      A bill to be entitled

  2         An act relating to motor vehicles; amending s.

  3         316.003, F.S.; providing official traffic

  4         control devices and traffic control devices are

  5         the same and do not include certain pavement

  6         undulations; amending s. 316.008, F.S.;

  7         authorizing local governments to regulate

  8         certain pavement undulations; amending s.

  9         316.0745, F.S.; providing certain pavement

10         undulations are exempt from certain

11         prohibitions concerning uniform traffic control

12         devices; creating s. 316.2122, F.S.;

13         authorizing the use of low-speed vehicles on

14         certain public roads; providing restrictions

15         for such operation; amending s. 320.01, F.S.;

16         providing a speed restriction for golf carts;

17         defining the term "low-speed vehicle"; defining

18         the term "utility vehicle"; amending s.

19         320.08001, F.S.; prescribing a license tax for

20         low-speed vehicles; amending s. 316.2126, F.S.;

21         authorizing the use of golf carts and utility

22         vehicles by municipalities for municipal

23         purposes and subject to certain conditions;

24         amending s. 320.105, F.S.; exempting golf carts

25         and utility vehicles from requirements to

26         display license plates; amending s. 325.203,

27         F.S.; exempting golf carts and utility vehicles

28         from inspection requirements; providing an

29         effective date.

30

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


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    SB 996                                         First Engrossed



  1         Section 1.  Subsection (23) of section 316.003, Florida

  2  Statutes, is amended to read:

  3         316.003  Definitions.--The following words and phrases,

  4  when used in this chapter, shall have the meanings

  5  respectively ascribed to them in this section, except where

  6  the context otherwise requires:

  7         (23)  OFFICIAL TRAFFIC CONTROL DEVICES.--All signs,

  8  signals, markings, and devices, not inconsistent with this

  9  chapter, placed or erected by authority of a public body or

10  official having jurisdiction for the purpose of regulating,

11  warning, or guiding traffic. As used in this chapter, official

12  traffic control devices and traffic control devices shall have

13  the same meaning and shall not include speed bumps, speed

14  humps, speed tables or other pavement undulations.

15         Section 2.  Paragraph (w) of subsection (1) of section

16  316.008, Florida Statutes, is amended to read:

17         316.008  Powers of local authorities.--

18         (1)  The provisions of this chapter shall not be deemed

19  to prevent local authorities, with respect to streets and

20  highways under their jurisdiction and within the reasonable

21  exercise of the police power, from:

22         (w)  Regulating, restricting, or monitoring traffic by

23  security devices or personnel on public streets and highways,

24  whether by public or private parties and providing for the

25  construction and maintenance of such streets and highways

26  which shall include, but not be limited to, the installation

27  of speed bumps, speed humps, speed tables or other pavement

28  undulations.

29         Section 3.  A new subsection (9) is added to section

30  316.0745, Florida Statutes, to read:

31         316.0745  Uniform signals and devices.--


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    SB 996                                         First Engrossed



  1         (9)  The prohibitions set out in this section shall not

  2  apply to the installation of speed bumps, speed humps, speed

  3  tables or other pavement undulations.

  4         Section 4.  Section 316.2122, Florida Statutes, is

  5  created to read:

  6         316.2122  Operation of a low-speed vehicle on certain

  7  roadways.--The operation of a low-speed vehicle, as defined in

  8  s. 320.01(42), upon the public roads or streets of this state

  9  is authorized with the following restrictions:

10         (1)  A low-speed vehicle may be operated only on

11  streets where the posted speed limit is 35 miles per hour or

12  less. This does not prohibit a low-speed vehicle from crossing

13  a road or street at an intersection where the road or street

14  has a posted speed limit of more than 35 miles per hour.

15         (2)  A low-speed vehicle must be equipped with

16  headlamps, stop lamps, turn signal lamps, taillamps, reflex

17  reflectors, parking brakes, rearview mirrors, windshields,

18  seat belts, and vehicle identification numbers.

19         (3)  A low-speed vehicle must be registered and insured

20  in accordance with s. 320.02.

21         (4)  Any person operating a low-speed vehicle must have

22  in his or her possession a valid driver's license.

23         (5)  A county or municipality may prohibit the

24  operation of low-speed vehicles on any street or highway under

25  its jurisdiction if the governing body of the county or

26  municipality determines that such prohibition is necessary in

27  the interest of safety.

28         (6)  The Department of Transportation may prohibit the

29  operation of low-speed vehicles on any street or highway under

30  its jurisdiction if it determines that such prohibition is

31  necessary in the interest of safety.


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    SB 996                                         First Engrossed



  1         Section 5.  Subsection (22) of section 320.01, Florida

  2  Statutes, is amended and subsections (42) and (43) are added

  3  to that section to read:

  4         320.01  Definitions, general.--As used in the Florida

  5  Statutes, except as otherwise provided, the term:

  6         (22)  "Golf cart" means a motor vehicle that is

  7  designed and manufactured for operation on a golf course for

  8  sporting or recreational purposes and that is not capable of

  9  exceeding speeds of 20 miles per hour.

10         (42)  "Low-speed vehicle" means any four-wheeled

11  electric vehicle whose top speed is greater than 20 miles per

12  hour but not greater than 25 miles per hour, including

13  neighborhood electric vehicles. Low-speed vehicles must comply

14  with the safety standards in 49 C.F.R. 571.500 and s.

15  316.2122.

16         (43)  "Utility vehicle" means a motor vehicle designed

17  and manufactured for general maintenance, security, and

18  landscaping purposes, but the term does not include any

19  vehicle designed or used primarily for the transportation of

20  persons or property on a street or highway, or a golf cart, or

21  an all-terrain vehicle as defined in s. 316.2074.

22         Section 6.  Section 320.08001, Florida Statutes, is

23  amended to read:

24         320.08001  Electric vehicles; license tax.--The license

25  tax for an electric vehicle or low-speed vehicle is the same

26  as that prescribed in s. 320.08, for a vehicle that is not

27  electrically powered.

28         Section 7.  Section 316.2126, Florida Statutes, is

29  amended to read:

30         316.2126  Use of golf carts and utility vehicles by

31  certain municipalities.--In addition to the powers granted by


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    SB 996                                         First Engrossed



  1  ss. 316.212 and 316.2125, municipalities older than 400 years

  2  old are hereby authorized to utilize golf carts and utility

  3  vehicles, as defined in s. 320.01, upon any state, county, or

  4  municipal roads located within the corporate limits of such

  5  municipalities, subject to the following conditions:

  6         (1)  Golf carts and utility vehicles must comply with

  7  the operational and safety requirements operated beyond the

  8  authority granted in ss. 316.212 and 316.2125 and shall may

  9  only be operated by municipal employees for municipal

10  purposes, including, but not limited to, police patrol,

11  traffic enforcement, and inspection of public facilities.

12         (2)  In addition to the safety equipment required in s.

13  316.212(6), such golf carts and utility vehicles must be

14  equipped with sufficient lighting and turn signal equipment.

15         (3)  The Golf carts and utility vehicles may only be

16  operated on state roads that have a posted speed limit of 30

17  miles per hour or less.

18         Section 8.  Section 320.105, Florida Statutes, is

19  amended to read:

20         320.105  Golf carts and utility vehicles;

21  exemption.--Golf carts and utility vehicles, as defined in s.

22  320.01, when operated in accordance with s. 316.212 or s.

23  316.2126, are exempt from provisions of this chapter which

24  require the registration of vehicles or the display of license

25  plates.

26         Section 9.  Paragraph (c) of subsection (4) of section

27  325.203, Florida Statutes, is amended to read:

28         325.203  Motor vehicles subject to annual inspection;

29  exemptions.--

30         (4)  The following motor vehicles are not subject to

31  inspection:


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    SB 996                                         First Engrossed



  1         (c)  Golf carts and utility vehicles, as defined in s.

  2  320.01.

  3         Section 10.  This act shall take effect upon becoming a

  4  law.

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