Senate Bill sb1820
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Florida Senate - 2005 SB 1820
By Senator Klein
43-1568-05
1 A bill to be entitled
2 An act relating to golf cart regulations;
3 amending s. 316.212, F.S.; granting local
4 jurisdictions the authority to enact ordinances
5 governing the use of golf carts which are more
6 restrictive than state law; amending s.
7 316.2126, F.S.; requiring that the use of golf
8 carts upon any state, county, or municipal road
9 located within a local jurisdiction be in
10 compliance with local ordinances governing the
11 use of golf carts; providing an effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Section 316.212, Florida Statutes, is
16 amended to read:
17 316.212 Operation of golf carts on certain
18 roadways.--The operation of a golf cart upon the public roads
19 or streets of this state is prohibited except as provided
20 herein:
21 (1) A golf cart may be operated only upon a county
22 road that has been designated by a county, or a municipal city
23 street that has been designated by a municipality city, for
24 use by golf carts. Prior to making such a designation, the
25 responsible local governmental entity must first determine
26 that golf carts may safely travel on or cross the public road
27 or street, considering factors including the speed, volume,
28 and character of motor vehicle traffic using the road or
29 street. Upon a determination that golf carts may be safely
30 operated on a designated road or street, the responsible
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Florida Senate - 2005 SB 1820
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1 governmental entity shall post appropriate signs to indicate
2 that such operation is allowed.
3 (2) A golf cart may be operated on a part of the State
4 Highway System only under the following conditions:
5 (a) To cross a portion of the State Highway System
6 which intersects a county road or municipal city street that
7 has been designated for use by golf carts if the Department of
8 Transportation has reviewed and approved the location and
9 design of the crossing and any traffic control devices needed
10 for safety purposes.
11 (b) To cross, at midblock, a part of the State Highway
12 System where a golf course is constructed on both sides of the
13 highway if the Department of Transportation has reviewed and
14 approved the location and design of the crossing and any
15 traffic control devices needed for safety purposes.
16 (c) A golf cart may be operated on a state road that
17 has been designated for transfer to a local government unit
18 pursuant to s. 335.0415 if the Department of Transportation
19 determines that the operation of a golf cart within the
20 right-of-way of the road will not impede the safe and
21 efficient flow of motor vehicular traffic. The department may
22 authorize the operation of golf carts on such a road if:
23 1. The road is the only available public road along
24 which golf carts may travel or cross or the road provides the
25 safest travel route among alternative routes available; and
26 2. The speed, volume, and character of motor vehicular
27 traffic using the road is considered in making such a
28 determination.
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Florida Senate - 2005 SB 1820
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1 Upon its determination that golf carts may be operated on a
2 given road, the department shall post appropriate signs on the
3 road to indicate that such operation is allowed.
4 (3) Any other provision of this section to the
5 contrary notwithstanding, a golf cart may be operated for the
6 purpose of crossing a street or highway where a single mobile
7 home park is located on both sides of the street or highway
8 and is divided by that street or highway, provided that the
9 governmental entity having original jurisdiction over such
10 street or highway shall review and approve the location of the
11 crossing and require implementation of any traffic controls
12 needed for safety purposes. This subsection shall apply only
13 to residents or guests of the mobile home park. Any other
14 provision of law to the contrary notwithstanding, if notice is
15 posted at the entrance and exit to any mobile home park that
16 residents of the park utilize golf carts or electric vehicles
17 within the confines of the park it shall not be necessary that
18 the park have a gate or other device at the entrance and exit
19 in order for such golf carts or electric vehicles to be
20 lawfully operated in the park.
21 (4) A golf cart may be operated only during the hours
22 between sunrise and sunset, unless the responsible
23 governmental entity has determined that a golf cart may be
24 operated during the hours between sunset and sunrise and the
25 golf cart is equipped with headlights, brake lights, turn
26 signals, and a windshield.
27 (5) A golf cart must be equipped with efficient
28 brakes, reliable steering apparatus, safe tires, a rearview
29 mirror, and red reflectorized warning devices in both the
30 front and rear.
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Florida Senate - 2005 SB 1820
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1 (6) A golf cart may not be operated on public roads or
2 streets by any person under the age of 14.
3 (7) A local governmental entity may enact an ordinance
4 regarding golf cart operation and equipment which is more
5 restrictive than those enumerated in this section. Upon
6 enactment of any such ordinance, the local governmental entity
7 shall post appropriate signs or otherwise inform the residents
8 that such an ordinance exists and shall be enforced within its
9 jurisdictional territory.
10 (8)(7) A violation of this section is a noncriminal
11 traffic infraction, punishable pursuant to chapter 318 as
12 either a moving violation for infractions of subsection (1),
13 subsection (2), subsection (3), or subsection (4), or a local
14 ordinance corresponding thereto and enacted pursuant to
15 subsection (7), or punishable pursuant to chapter 318 as a
16 nonmoving violation for infractions of subsection subsections
17 (5), subsection and (6), or a local ordinance corresponding
18 thereto and enacted pursuant to subsection (7).
19 Section 2. Section 316.2126, Florida Statutes, is
20 amended to read:
21 316.2126 Use of golf carts and utility vehicles by
22 municipalities.--In addition to the powers granted by ss.
23 316.212 and 316.2125, municipalities are hereby authorized to
24 utilize golf carts and utility vehicles, as defined in s.
25 320.01, upon any state, county, or municipal roads located
26 within the corporate limits of such municipalities, subject to
27 the following conditions:
28 (1) Golf carts and utility vehicles must comply with
29 the operational and safety requirements in ss. 316.212 and
30 316.2125, and with any more restrictive ordinances enacted by
31 the local governmental entity pursuant to s. 316.212(7), and
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1 shall only be operated by municipal employees for municipal
2 purposes, including, but not limited to, police patrol,
3 traffic enforcement, and inspection of public facilities.
4 (2) In addition to the safety equipment required in s.
5 316.212(5) and any more restrictive safety equipment required
6 by the local governmental entity pursuant to s. 316.212(7),
7 such golf carts and utility vehicles must be equipped with
8 sufficient lighting and turn signal equipment.
9 (3) Golf carts and utility vehicles may only be
10 operated on state roads that have a posted speed limit of 30
11 miles per hour or less.
12 (4) A municipal employee operating a golf cart or
13 utility vehicle pursuant to this section must possess a valid
14 driver's license as required by s. 322.03.
15 Section 3. This act shall take effect upon becoming a
16 law.
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19 SENATE SUMMARY
20 Grants local jurisdictions the authority to enact
ordinances governing the use of golf carts which are more
21 restrictive than state law. Requires the use of golf
carts by local jurisdictions to comply with local
22 golf-cart-use ordinances.
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