CS/CS/HB 405

1
A bill to be entitled
2An act relating to delivery vehicles; amending s.
3316.2126, F.S.; defining the terms "golf cart,"
4"residential area," and "seasonal delivery personnel";
5authorizing the use of golf carts, low-speed vehicles, and
6utility vehicles by seasonal delivery personnel on certain
7public roads in a residential area during a certain time
8period; requiring such vehicles to be equipped with safety
9equipment; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12     Section 1.  Section 316.2126, Florida Statutes, is amended
13to read:
14     316.2126  Authorized use of golf carts, low-speed vehicles,
15and utility vehicles by municipalities and state employees,
16state park volunteers, and state park visitors.--
17     (1)  In addition to the powers granted by ss. 316.212 and
18316.2125, municipalities are authorized to utilize golf carts
19and utility vehicles, as defined in s. 320.01, upon any state,
20county, or municipal roads located within the corporate limits
21of such municipalities, subject to the following conditions:
22     (a)  Golf carts and utility vehicles must comply with the
23operational and safety requirements in ss. 316.212 and 316.2125,
24and with any more restrictive ordinances enacted by the local
25governmental entity pursuant to s. 316.212(8), and shall be
26operated only by municipal employees for municipal purposes,
27including, but not limited to, police patrol, traffic
28enforcement, and inspection of public facilities.
29     (b)  In addition to the safety equipment required in s.
30316.212(6) and any more restrictive safety equipment required by
31the local governmental entity pursuant to s. 316.212(8), such
32golf carts and utility vehicles must be equipped with sufficient
33lighting and turn signal equipment.
34     (c)  Golf carts and utility vehicles may be operated only
35on state roads that have a posted speed limit of 30 miles per
36hour or less.
37     (2)  State employees, state park volunteers, and state park
38visitors are authorized to use golf carts and utility vehicles,
39as defined in s. 320.01, upon any public roads within the
40boundaries of state parks managed by the Division of Recreation
41and Parks of the Department of Environmental Protection, subject
42to the following conditions:
43     (a)  Golf carts and utility vehicles must comply with the
44operational and safety requirements in s. 316.212.
45     (b)  Golf carts and utility vehicles shall be operated only
46by state employees and state park volunteers for state purposes
47and by state park visitors for uses authorized by the Division
48of Recreation and Parks of the Department of Environmental
49Protection.
50     (3)(a)  As used in this subsection, the term:
51     1.  "Golf cart" means a motor vehicle as defined in s.
52320.01(22), including vehicles modified to have a cargo platform
53or bin to transport parcels or a hitch to tow a trailer.
54     2.  "Residential area" means areas zoned primarily or
55exclusively for single-family or multifamily residential use.
56     3.  "Seasonal delivery personnel" means employees of a
57licensed commercial delivery service that has at least 10,000
58persons employed in this state.
59     (b)  From midnight October 15 until midnight December 31 of
60each year, seasonal delivery personnel may use the following
61vehicles on public roads within a residential area, as provided
62in subparagraphs 1.-3., solely for the purpose of delivering
63express envelopes and packages having a maximum size of 130
64inches for the combined length and girth and weighing not more
65than 150 pounds:
66     1.  Low-speed vehicles and utility vehicles as defined in
67s. 320.01 upon any public road within a residential area that
68has a posted speed limit of 35 miles per hour or less.
69     2.  Golf carts upon a public road within a residential area
70that has a posted speed limit of 30 miles per hour or less.
71     3.  Golf carts upon a public road within a residential area
72that has a posted speed limit of 35 miles per hour or less,
73unless a municipality having jurisdiction over the public road
74has enacted an ordinance restricting seasonal delivery personnel
75from driving on roads that have a posted speed limit of 30 miles
76per hour or more.
77
78Seasonal delivery personnel may pull a trailer from any of the
79vehicles used as provided in this paragraph.
80     (c)  All vehicles specified in this subsection must be:
81     1.  Marked in a conspicuous manner with the name of the
82delivery service.
83     2.  Equipped, at a minimum, with the equipment required
84under s. 316.212(6).
85     3.  Equipped with headlamps and taillamps, in addition to
86the safety requirements in s. 316.212(6), if operated after
87sunset.
88     (4)(3)  Anyone operating a golf cart, low-speed vehicle, or
89utility vehicle pursuant to this section must possess a valid
90driver's license as required by s. 322.03.
91     Section 2.  This act shall take effect July 1, 2009.


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