Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1742
                        Barcode 452868
                            CHAMBER ACTION
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       04/25/2006 10:24 AM         .                    
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11  The Committee on Government Efficiency Appropriations
12  (Campbell) recommended the following substitute for amendment
13  to amendment (033200):
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15         Senate Amendment (with title amendment) 
16         On page 3, between lines 20 and 21,
17  
18  insert:
19         Section 3.  Effective July 1, 2008, section 261.10,
20  Florida Statutes, is amended to read:
21         261.10  Criteria for recreation and trails; limitation
22  on liability.--(1) Publicly owned or operated off-highway
23  vehicle recreation areas and trails shall be designated and
24  maintained for recreational travel by off-highway vehicles.
25  These areas and trails need not be generally suitable or
26  maintained for normal travel by conventional two-wheel-drive
27  vehicles and should not be designated as recreational
28  footpaths. State off-highway vehicle recreation areas and
29  trails must be selected and managed in accordance with this
30  chapter.
31         (2)  State agencies, water management districts,
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1742 Barcode 452868 1 counties, and municipalities, and officers and employees 2 thereof, which provide off-highway recreation areas and trails 3 on publicly owned land shall not be liable for damage to 4 personal property or personal injury or death to any person 5 resulting from participation in the inherently dangerous risks 6 of off-highway vehicle recreation. This subsection does not 7 limit liability that would otherwise exist for an act of 8 negligence by the state agency, water management district, 9 county, or municipality, or officer or employee, that is the 10 proximate cause of the damage, injury, or death. Nothing in 11 this subsection creates a duty of care or basis of liability 12 for death, personal injury, or damage to personal property, 13 nor shall anything in this subsection be deemed to be a waiver 14 of sovereign immunity under any circumstances. 15 Section 4. Effective July 1, 2008, section 261.20, 16 Florida Statutes, is created to read: 17 261.20 Operations of off-highway vehicles on public 18 lands; restrictions; safety courses; required equipment; 19 prohibited acts; penalties.-- 20 (1) This section applies only to the operation of 21 off-highway vehicles on public lands. 22 (2) Any person operating an off-highway vehicle as 23 permitted in this section who has not attained 16 years of age 24 must be supervised by an adult while operating the off-highway 25 vehicle. 26 (3) Effective July 1, 2008, while operating an 27 off-highway vehicle, a person who has not attained 16 years of 28 age must have in his or her possession a certificate 29 evidencing the satisfactory completion of an approved 30 off-highway vehicle safety course in this state or another 31 jurisdiction. A nonresident, who has not attained 16 years of 2 8:35 AM 04/25/06 s1742.ge32.xx2
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1742 Barcode 452868 1 age, who is in this state temporarily for a period not to 2 exceed 30 days is exempt from this subsection. Nothing 3 contained in this chapter shall prohibit an agency from 4 requiring additional safety-education courses for all 5 operators. 6 (4)(a) The department shall approve all off-highway 7 vehicle public safety-education programs required by this 8 chapter as a condition for operating on public lands. 9 (b) An off-highway vehicle must be equipped with a 10 spark arrester that is approved by the United States 11 Department of Agriculture Forest Service, a braking system, 12 and a muffler, all in operating condition. 13 (c) On and after July 1, 2008, off-highway vehicles, 14 when operating pursuant to this chapter, shall be equipped 15 with a silencer or other device which limits sound emissions. 16 Exhaust noise must not exceed 96 decibels in the A-weighting 17 scale for vehicles manufactured after January 1, 1986, or 99 18 decibels in the A-weighting scale for vehicles manufactured 19 before January 1, 1986, when measured from a distance of 20 20 inches using test procedures established by the Society of 21 Automotive Engineers under Standard J-1287. Off-highway 22 vehicle manufacturers or their agents prior to the sale to the 23 general public in this state of any new off-highway vehicle 24 model manufactured after January 1, 2008, shall provide to the 25 department revolutions-per-minute data needed to conduct the 26 J-1287 test, where applicable. 27 (d) An off-highway vehicle that is operated between 28 sunset and sunrise, or when visibility is reduced because of 29 rain, smoke, or smog, must display a lighted headlamp and 30 taillamp unless the use of such lights is prohibited by other 31 laws, such as a prohibition on the use of lights when hunting 3 8:35 AM 04/25/06 s1742.ge32.xx2
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1742 Barcode 452868 1 at night. 2 (e) An off-highway vehicle that is used in certain 3 organized and sanctioned competitive events being held on a 4 closed course may be exempted by departmental rule from any 5 equipment requirement in this subsection. 6 (5) It is a violation of this section: 7 (a) To carry a passenger on an off-highway vehicle, 8 unless the machine is specifically designed by the 9 manufacturer to carry an operator and a single passenger. 10 (b) To operate an off-highway vehicle while under the 11 influence of alcohol, a controlled substance, or any 12 prescription or over-the-counter drug that impairs vision or 13 motor condition. 14 (c) For a person who has not attained 16 years of age, 15 to operate an off-highway vehicle without wearing eye 16 protection, over-the-ankle boots, and a safety helmet that is 17 approved by the United States Department of Transportation or 18 Snell Memorial Foundation, when under the age of sixteen. 19 (d) To operate an off-highway vehicle in a careless or 20 reckless manner that endangers or causes injury or damage to 21 another person or property. 22 (6) Any person who violates this section commits a 23 noncriminal infraction and is subject to a fine of not less 24 than $100, and may have his or her privilege to operate an ATV 25 on public lands revoked. However, a person who commits such 26 acts with intent to defraud, or who commits a second or 27 subsequent violation, is subject to a fine of not less than 28 $500, and may have his or her privilege to operate an ATV on 29 public lands revoked. 30 (7) Public land managing agencies, through the course 31 of their management activities, are exempt from the provisions 4 8:35 AM 04/25/06 s1742.ge32.xx2
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1742 Barcode 452868 1 of subsection (5)(a). 2 3 (Redesignate subsequent sections.) 4 5 6 ================ T I T L E A M E N D M E N T =============== 7 And the title is amended as follows: 8 On page 79, line 8, after the semicolon 9 10 insert: 11 amending s. 261.10, F.S.; providing a 12 limitation on liability in off-highway vehicle 13 recreation; creating s. 261.20, F.S.; 14 authorizing operations of off-highway vehicles 15 on public lands; providing restrictions; 16 requiring safety courses; defining prohibited 17 acts; providing penalties; 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 8:35 AM 04/25/06 s1742.ge32.xx2