Florida Senate - 2014 CS for SB 1024
By the Committee on Transportation; and Senator Dean
596-02585-14 20141024c1
1 A bill to be entitled
2 An act relating to off-highway vehicles; amending s.
3 261.03, F.S.; revising the terms “ATV” and “ROV”;
4 amending s. 261.20, F.S.; revising a violation for
5 carrying an operator and more than a single passenger
6 on certain off-highway vehicles to prohibit carrying
7 more passengers than the vehicle is designed to carry;
8 amending a penalty provision to apply to off-highway
9 vehicles; amending s. 316.2074, F.S.; revising the
10 term “all-terrain vehicle”; amending s. 317.0003,
11 F.S.; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsections (2) and (8) of section 261.03,
16 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 1,200
20 pounds or less, designed to travel on three or more nonhighway
21 tires, and manufactured for recreational use by one or more
22 persons having a seat designed to be straddled by the operator
23 and handlebars for steering control, and intended for use by a
24 single operator with no passenger.
25 (8) “ROV” means any motorized recreational off-highway
26 vehicle 65 64 inches or less in width, having a dry weight of
27 2,000 pounds or less, designed to travel on four or more
28 nonhighway tires, having nonstraddle seating and a steering
29 wheel, and manufactured for recreational use by one or more
30 persons. The term “ROV” does not include a golf cart as defined
31 in ss. 320.01 and 316.003(68) or a low-speed vehicle as defined
32 in s. 320.01.
33 Section 2. Subsections (5) and (6) of section 261.20,
34 Florida Statutes, are amended to read:
35 261.20 Operations of off-highway vehicles on public lands;
36 restrictions; safety courses; required equipment; prohibited
37 acts; penalties.—
38 (5) It is a violation of this section:
39 (a) To carry more passengers a passenger on an off-highway
40 vehicle than, unless the machine is specifically designed by the
41 manufacturer to carry an operator and a single passenger.
42 (b) To operate an off-highway vehicle while under the
43 influence of alcohol, a controlled substance, or any
44 prescription or over-the-counter drug that impairs vision or
45 motor condition.
46 (c) For a person who has not attained 16 years of age, to
47 operate an off-highway vehicle without wearing eye protection,
48 over-the-ankle boots, and a safety helmet that is approved by
49 the United States Department of Transportation or Snell Memorial
50 Foundation.
51 (d) To operate an off-highway vehicle in a careless or
52 reckless manner that endangers or causes injury or damage to
53 another person or property.
54 (6) Any person who violates this section commits a
55 noncriminal infraction and is subject to a fine of not less than
56 $100 and may have his or her privilege to operate an off-highway
57 vehicle ATV on public lands revoked. However, a person who
58 commits such acts with intent to defraud, or who commits a
59 second or subsequent violation, is subject to a fine of not less
60 than $500 and may have his or her privilege to operate an off
61 highway vehicle ATV on public lands revoked.
62 Section 3. Subsection (2) of section 316.2074, Florida
63 Statutes, is amended to read:
64 316.2074 All-terrain vehicles.—
65 (2) As used in this section, the term “all-terrain vehicle”
66 means any motorized off-highway vehicle 50 inches or less in
67 width, having a dry weight of 1,200 pounds or less, designed to
68 travel on three or more nonhighway tires, and manufactured for
69 recreational use by one or more persons having a seat designed
70 to be straddled by the operator and handlebars for steering
71 control, and intended for use by a single operator with no
72 passenger. For the purposes of this section, “all-terrain
73 vehicle” also includes a any “two-rider ATV” as defined in s.
74 317.0003.
75 Section 4. Subsections (1) and (9) of section 317.0003,
76 Florida Statutes, are amended to read:
77 317.0003 Definitions.—As used in this chapter, the term:
78 (1) “ATV” means any motorized off-highway or all-terrain
79 vehicle 50 inches or less in width, having a dry weight of 1,200
80 pounds or less, designed to travel on three or more nonhighway
81 tires, and manufactured for recreational use by one or more
82 persons having a seat designed to be straddled by the operator
83 and handlebars for steering control, and intended for use by a
84 single operator and with no passenger.
85 (9) “ROV” means any motorized recreational off-highway
86 vehicle 65 64 inches or less in width, having a dry weight of
87 2,000 pounds or less, designed to travel on four or more
88 nonhighway tires, having nonstraddle seating and a steering
89 wheel, and manufactured for recreational use by one or more
90 persons. The term “ROV” does not include a golf cart as defined
91 in ss. 320.01 and 316.003(68) or a low-speed vehicle as defined
92 in s. 320.01.
93 Section 5. This act shall take effect July 1, 2014.