HB 1277

1	A bill to be entitled
2	An act relating to regulation of golf carts and utility
3	vehicles; amending s. 316.212, F.S.; authorizing local
4	governments to enact more restrictive golf cart equipment
5	and operation regulations; requiring public notification;
6	providing for enforcement jurisdiction; providing
7	penalties; amending s. 316.2126, F.S.; providing for
8	application of local golf cart equipment and operation
9	regulations to golf cart and utility vehicle use by
10	municipalities; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Section 316.212, Florida Statutes, is amended
15	to read:
16	316.212  Operation of golf carts on certain roadways.--The
17	operation of a golf cart upon the public roads or streets of
18	this state is prohibited except as provided herein:
19	(1)  A golf cart may be operated only upon a county road
20	that has been designated by a county, or a municipal city street
21	that has been designated by a municipality city, for use by golf
22	carts. Prior to making such a designation, the responsible local
23	governmental entity must first determine that golf carts may
24	safely travel on or cross the public road or street, considering
25	factors including the speed, volume, and character of motor
26	vehicle traffic using the road or street. Upon a determination
27	that golf carts may be safely operated on a designated road or
28	street, the responsible governmental entity shall post
29	appropriate signs to indicate that such operation is allowed.
30	(2)  A golf cart may be operated on a part of the State
31	Highway System only under the following conditions:
32	(a)  To cross a portion of the State Highway System which
33	intersects a county road or municipal city street that has been
34	designated for use by golf carts if the Department of
35	Transportation has reviewed and approved the location and design
36	of the crossing and any traffic control devices needed for
37	safety purposes.
38	(b)  To cross, at midblock, a part of the State Highway
39	System where a golf course is constructed on both sides of the
40	highway if the Department of Transportation has reviewed and
41	approved the location and design of the crossing and any traffic
42	control devices needed for safety purposes.
43	(c)  A golf cart may be operated on a state road that has
44	been designated for transfer to a local government unit pursuant
45	to s. 335.0415 if the Department of Transportation determines
46	that the operation of a golf cart within the right-of-way of the
47	road will not impede the safe and efficient flow of motor
48	vehicular traffic. The department may authorize the operation of
49	golf carts on such a road if:
50	1.  The road is the only available public road along which
51	golf carts may travel or cross or the road provides the safest
52	travel route among alternative routes available; and
53	2.  The speed, volume, and character of motor vehicular
54	traffic using the road is considered in making such a
55	determination.
56
57	Upon its determination that golf carts may be operated on a
58	given road, the department shall post appropriate signs on the
59	road to indicate that such operation is allowed.
60	(3)  Any other provision of this section to the contrary
61	notwithstanding, a golf cart may be operated for the purpose of
62	crossing a street or highway where a single mobile home park is
63	located on both sides of the street or highway and is divided by
64	that street or highway, provided that the governmental entity
65	having original jurisdiction over such street or highway shall
66	review and approve the location of the crossing and require
67	implementation of any traffic controls needed for safety
68	purposes. This subsection shall apply only to residents or
69	guests of the mobile home park. Any other provision of law to
70	the contrary notwithstanding, if notice is posted at the
71	entrance and exit to any mobile home park that residents of the
72	park utilize golf carts or electric vehicles within the confines
73	of the park it shall not be necessary that the park have a gate
74	or other device at the entrance and exit in order for such golf
75	carts or electric vehicles to be lawfully operated in the park.
76	(4)  A golf cart may be operated only during the hours
77	between sunrise and sunset, unless the responsible governmental
78	entity has determined that a golf cart may be operated during
79	the hours between sunset and sunrise and the golf cart is
80	equipped with headlights, brake lights, turn signals, and a
81	windshield.
82	(5)  A golf cart must be equipped with efficient brakes,
83	reliable steering apparatus, safe tires, a rearview mirror, and
84	red reflectorized warning devices in both the front and rear.
85	(6)  A golf cart may not be operated on public roads or
86	streets by any person under the age of 14.
87	(7)  Regulations regarding golf cart operation and
88	equipment that are more restrictive than those enumerated in
89	this section may be enacted by the responsible local
90	governmental entity. Upon enactment of any such regulation, the
91	responsible local governmental entity shall post appropriate
92	signs or otherwise inform the citizens that such regulations
93	exist and shall be enforced within its jurisdictional territory.
94	(8)(7)  A violation of this section, or local regulations
95	corresponding to this section enacted pursuant to subsection
96	(7), is a noncriminal traffic infraction, punishable pursuant to
97	chapter 318 as either a moving violation for infractions of
98	subsection (1), subsection (2), subsection (3), or subsection
99	(4), or local regulations corresponding to subsection (1),
100	subsection (2), subsection (3), or subsection (4); or as a
101	nonmoving violation for infractions of subsection subsections
102	(5) or subsection and (6) or local regulations corresponding to
103	subsection (5) or subsection (6).
104	Section 2.  Subsections (1) and (2) of section 316.2126,
105	Florida Statutes, are amended to read:
106	316.2126  Use of golf carts and utility vehicles by
107	municipalities.--In addition to the powers granted by ss.
108	316.212 and 316.2125, municipalities are hereby authorized to
109	utilize golf carts and utility vehicles, as defined in s.
110	320.01, upon any state, county, or municipal roads located
111	within the corporate limits of such municipalities, subject to
112	the following conditions:
113	(1)  Golf carts and utility vehicles must comply with the
114	operational and safety requirements in ss. 316.212 and 316.2125
115	and any more restrictive regulations enacted by the local
116	governmental entity, and shall only be operated by municipal
117	employees for municipal purposes, including, but not limited to,
118	police patrol, traffic enforcement, and inspection of public
119	facilities.
120	(2)  In addition to the safety equipment required in s.
121	316.212(5) and any more restrictive safety equipment required by
122	the local governmental entity, such golf carts and utility
123	vehicles must be equipped with sufficient lighting and turn
124	signal equipment.
125	Section 3.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.