Florida Senate - 2009               CS for CS for CS for SB 1088
       
       
       
       By the Committees on Commerce; Community Affairs; and
       Transportation; and Senator Altman
       
       
       
       577-04991-09                                          20091088c3
    1                        A bill to be entitled                      
    2         An act relating to delivery vehicles; amending s.
    3         316.2126, F.S.; defining the terms “golf cart,”
    4         “residential area,” and “seasonal delivery personnel”;
    5         authorizing the use of golf carts, low-speed vehicles,
    6         and utility vehicles by seasonal delivery personnel
    7         during a certain timeframe; requiring specified
    8         vehicles to be equipped with safety equipment;
    9         providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 316.2126, Florida Statutes, is amended
   14  to read:
   15         316.2126 Authorized use of golf carts, low-speed vehicles,
   16  and utility vehicles by municipalities and state employees,
   17  state park volunteers, and state park visitors.—
   18         (1) In addition to the powers granted by ss. 316.212 and
   19  316.2125, municipalities are authorized to utilize golf carts
   20  and utility vehicles, as defined in s. 320.01, upon any state,
   21  county, or municipal roads located within the corporate limits
   22  of such municipalities, subject to the following conditions:
   23         (a) Golf carts and utility vehicles must comply with the
   24  operational and safety requirements in ss. 316.212 and 316.2125,
   25  and with any more restrictive ordinances enacted by the local
   26  governmental entity pursuant to s. 316.212(8), and shall be
   27  operated only by municipal employees for municipal purposes,
   28  including, but not limited to, police patrol, traffic
   29  enforcement, and inspection of public facilities.
   30         (b) In addition to the safety equipment required in s.
   31  316.212(6) and any more restrictive safety equipment required by
   32  the local governmental entity pursuant to s. 316.212(8), such
   33  golf carts and utility vehicles must be equipped with sufficient
   34  lighting and turn signal equipment.
   35         (c) Golf carts and utility vehicles may be operated only on
   36  state roads that have a posted speed limit of 30 miles per hour
   37  or less.
   38         (2) State employees, state park volunteers, and state park
   39  visitors are authorized to use golf carts and utility vehicles,
   40  as defined in s. 320.01, upon any public roads within the
   41  boundaries of state parks managed by the Division of Recreation
   42  and Parks of the Department of Environmental Protection, subject
   43  to the following conditions:
   44         (a) Golf carts and utility vehicles must comply with the
   45  operational and safety requirements in s. 316.212.
   46         (b) Golf carts and utility vehicles shall be operated only
   47  by state employees and state park volunteers for state purposes
   48  and by state park visitors for uses authorized by the Division
   49  of Recreation and Parks of the Department of Environmental
   50  Protection.
   51         (3)(a)As used in this subsection, the term:
   52         1.“Golf cart” means a motor vehicle as defined in s.
   53  320.01(22), including vehicles modified to have a cargo platform
   54  or bin to transport parcels or a hitch to tow a trailer.
   55         2.“Residential area” means areas zoned primarily or
   56  exclusively for single-family or multifamily residential use.
   57         3.“Seasonal delivery personnel” means employees of a
   58  licensed commercial delivery service that has at least 10,000
   59  persons employed in this state.
   60         (b)Seasonal delivery personnel may use the following
   61  vehicles solely for the purpose of delivering express envelopes
   62  and packages having a maximum size of 130 inches for the
   63  combined length and girth and weighing not more than 150 pounds
   64  from midnight October 15 until midnight December 31 of each
   65  year:
   66         1.Low-speed vehicles and utility vehicles as defined in s.
   67  320.01 upon any public road within a residential area that has a
   68  posted speed limit of 35 miles per hour or less.
   69         2.Golf carts upon a public road within a residential area
   70  that has a posted speed limit of 30 miles per hour or less.
   71         3.Golf carts upon a public road within a residential area
   72  that has a posted speed limit of 30 to 35 miles per hour, unless
   73  a municipality having jurisdiction over the public road has
   74  enacted an ordinance restricting personnel from driving on such
   75  roads.
   76  
   77  Seasonal delivery personnel may pull a trailer from any of these
   78  vehicles.
   79         (c)All vehicles specified in this subsection must be:
   80         1.Marked in a conspicuous manner with the name of the
   81  delivery service.
   82         2.Equipped with, at a minimum, the equipment required
   83  under s. 316.212(6).
   84         3.Equipped with head lamps and tail lamps, in addition to
   85  the safety requirements in s. 316.212(6), if operated after
   86  sunset.
   87         (4)(3) Anyone operating a golf cart, low-speed vehicle, or
   88  utility vehicle pursuant to this section must possess a valid
   89  driver’s license as required by s. 322.03.
   90         Section 2. This act shall take effect July 1, 2009.