| 1 | A bill to be entitled |
| 2 | An act relating to off-highway vehicles; amending ss. |
| 3 | 261.03, 316.2074, and 317.0003, F.S.; revising the |
| 4 | definitions of the terms "ATV," "all-terrain vehicle," and |
| 5 | "off-highway vehicle" and defining the term "ROV" for |
| 6 | purposes of provisions relating to the sale and use of |
| 7 | motorized off-highway vehicles; providing an effective |
| 8 | date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Subsections (2) and (6) of section 261.03, |
| 13 | Florida Statutes, are amended, subsections (9), (10), and (11) |
| 14 | are renumbered as subsections (10), (11), and (12), |
| 15 | respectively, and a new subsection (9) is added to that section, |
| 16 | to read: |
| 17 | 261.03 Definitions.--As used in this chapter, the term: |
| 18 | (2) "ATV" means any motorized off-highway or all-terrain |
| 19 | vehicle 50 inches or less in width, having a dry weight of 1,200 |
| 20 | 900 pounds or less, designed to travel on three or more |
| 21 | nonhighway low-pressure tires, having a seat designed to be |
| 22 | straddled by the operator and handlebars for steering control, |
| 23 | and intended for use by a single operator with no passenger. |
| 24 | (6) "Off-highway vehicle" means any ATV, two-rider ATV, |
| 25 | ROV, or OHM that is used off the roads or highways of this state |
| 26 | and that is not registered and licensed for highway use under |
| 27 | chapter 320. |
| 28 | (9) "ROV" means any motorized recreational off-highway |
| 29 | vehicle 60 inches or less in width, having a dry weight of 1,500 |
| 30 | pounds or less, designed to travel on four or more nonhighway |
| 31 | tires, having nonstraddle seating and a steering wheel, and |
| 32 | manufactured for recreational use by one or more persons. The |
| 33 | term "ROV" does not include a golf cart as defined in ss. |
| 34 | 320.01(22) and 316.003(68) or a low-speed vehicle as defined in |
| 35 | s. 320.01(42). |
| 36 | Section 2. Subsection (2) of section 316.2074, Florida |
| 37 | Statutes, is amended to read: |
| 38 | 316.2074 All-terrain vehicles.-- |
| 39 | (2) As used in this section, the term "all-terrain |
| 40 | vehicle" means any motorized off-highway vehicle 50 inches or |
| 41 | less in width, having a dry weight of 1,200 900 pounds or less, |
| 42 | designed to travel on three or more nonhighway low-pressure |
| 43 | tires, having a seat designed to be straddled by the operator |
| 44 | and handlebars for steering control, and intended for use by a |
| 45 | single operator with no passenger. For the purposes of this |
| 46 | section, "all-terrain vehicle" also includes any "two-rider ATV" |
| 47 | as defined in s. 317.0003. |
| 48 | Section 3. Subsections (1) and (6) of section 317.0003, |
| 49 | Florida Statutes, are amended, subsection (9) is renumbered as |
| 50 | subsection (10), and a new subsection (9) is added to that |
| 51 | section, to read: |
| 52 | 317.0003 Definitions.--As used in this chapter, the term: |
| 53 | (1) "ATV" means any motorized off-highway or all-terrain |
| 54 | vehicle 50 inches or less in width, having a dry weight of 1,200 |
| 55 | 900 pounds or less, designed to travel on three or more |
| 56 | nonhighway low-pressure tires, having a seat designed to be |
| 57 | straddled by the operator and handlebars for steering control, |
| 58 | and intended for use by a single operator and with no passenger. |
| 59 | (6) "Off-highway vehicle" means any ATV, two-rider ATV, |
| 60 | ROV, or OHM that is used off the roads or highways of this state |
| 61 | and that is not registered and licensed for highway use pursuant |
| 62 | to chapter 320. |
| 63 | (9) "ROV" means any motorized recreational off-highway |
| 64 | vehicle 60 inches or less in width, having a dry weight of 1,500 |
| 65 | pounds or less, designed to travel on four or more nonhighway |
| 66 | tires, having nonstraddle seating and a steering wheel, and |
| 67 | manufactured for recreational use by one or more persons. The |
| 68 | term "ROV" does not include a golf cart as defined in ss. |
| 69 | 320.01(22) and 316.003(68) or a low-speed vehicle as defined in |
| 70 | s. 320.01(42). |
| 71 | Section 4. This act shall take effect July 1, 2009. |