Florida Senate - 2009                                     SB 798
       
       
       
       By Senator Baker
       
       
       
       
       20-00543-09                                            2009798__
    1                        A bill to be entitled                      
    2         An act relating to off-highway vehicles; amending s.
    3         261.03, F.S.; redefining the terms “ATV” and “off
    4         highway vehicle” for purposes of provisions relating
    5         to off-highway vehicle safety; amending s. 316.2074,
    6         F.S.; redefining the terms “ATV” and “off-highway
    7         vehicle” for purposes of the Florida Uniform Traffic
    8         Control Law; amending s. 317.0003, F.S.; redefining
    9         the terms “ATV” and “off-highway vehicle” for purposes
   10         of provisions relating to the titling of such
   11         vehicles; providing an effective date.
   12         
   13  Be It Enacted by the Legislature of the State of Florida:
   14         
   15         Section 1. Subsections (2), (6), and (11) of section
   16  261.03, Florida Statutes, are amended 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 1,500
   20  900 pounds or less, designed to travel on three or more low
   21  pressure tires, having a bench seat or seat designed to be
   22  straddled by the operator and handlebars or a steering wheel for
   23  steering control, and intended for use by a single operator or
   24  an operator and passengers if it is designed for an operator and
   25  one or more passengers with no passenger.
   26         (6) “Off-highway vehicle” means any ATV, two-rider ATV, or
   27  OHM that is used off the roads or highways of this state and
   28  that is not registered and licensed for highway use under
   29  chapter 320.
   30         (11) “Two-rider ATV” means any ATV that is specifically
   31  designed by the manufacturer for a single operator and one
   32  passenger.
   33         Section 2. Subsection (2) of section 316.2074, Florida
   34  Statutes, is amended to read:
   35         316.2074 All-terrain vehicles.—
   36         (2) As used in this section, the term “all-terrain vehicle”
   37  means any motorized off-highway vehicle 60 50 inches or less in
   38  width, having a dry weight of 1,500 900 pounds or less, designed
   39  to travel on three or more low-pressure tires, having a bench
   40  seat or seat designed to be straddled by the operator and
   41  handlebars or a steering wheel for steering control, and
   42  intended for use by a single operator or an operator and
   43  passengers if it is designed for an operator and one or more
   44  passengers with no passenger. For the purposes of this section,
   45  “all-terrain vehicle” also includes any “two-rider ATV” as
   46  defined in s. 317.0003.
   47         Section 3. Subsections (1), (6), and (9) of section
   48  317.0003, Florida Statutes, are amended to read:
   49         317.0003 Definitions.—As used in this chapter, the term:
   50         (1) “ATV” means any motorized off-highway or all-terrain
   51  vehicle 60 50 inches or less in width, having a dry weight of
   52  1,500 900 pounds or less, designed to travel on three or more
   53  low-pressure tires, having a bench seat or seat designed to be
   54  straddled by the operator and handlebars or a steering wheel for
   55  steering control, and intended for use by a single operator or
   56  an operator and passengers if it is designed for an operator and
   57  one or more passengers and with no passenger.
   58         (6) “Off-highway vehicle” means any ATV, two-rider ATV, or
   59  OHM that is used off the roads or highways of this state and
   60  that is not registered and licensed for highway use pursuant to
   61  chapter 320.
   62         (9) “Two-rider ATV” means any ATV that is specifically
   63  designed by the manufacturer for a single operator and one
   64  passenger.
   65         Section 4. This act shall take effect July 1, 2009.