CS for SB 1024 First Engrossed
20141024e1
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.; revising the terms “ATV” and “ROV”; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsections (2) and (8) of section 261.03,
17 Florida Statutes, are amended to read:
18 261.03 Definitions.—As used in this chapter, the term:
19 (2) “ATV” means any motorized off-highway or all-terrain
20 vehicle 50 inches or less in width, having a dry weight of 1,200
21 pounds or less, designed to travel on three or more nonhighway
22 tires, and manufactured for recreational use by one or more
23 persons having a seat designed to be straddled by the operator
24 and handlebars for steering control, and intended for use by a
25 single operator with no passenger.
26 (8) “ROV” means any motorized recreational off-highway
27 vehicle 65 64 inches or less in width, having a dry weight of
28 2,000 pounds or less, designed to travel on four or more
29 nonhighway tires, having nonstraddle seating and a steering
30 wheel, and manufactured for recreational use by one or more
31 persons. The term “ROV” does not include a golf cart as defined
32 in ss. 320.01 and 316.003(68) or a low-speed vehicle as defined
33 in s. 320.01.
34 Section 2. Subsections (5) and (6) of section 261.20,
35 Florida Statutes, are amended to read:
36 261.20 Operations of off-highway vehicles on public lands;
37 restrictions; safety courses; required equipment; prohibited
38 acts; penalties.—
39 (5) It is a violation of this section:
40 (a) To carry more passengers a passenger on an off-highway
41 vehicle than, unless the machine is specifically designed by the
42 manufacturer to carry an operator and a single passenger.
43 (b) To operate an off-highway vehicle while under the
44 influence of alcohol, a controlled substance, or any
45 prescription or over-the-counter drug that impairs vision or
46 motor condition.
47 (c) For a person who has not attained 16 years of age, to
48 operate an off-highway vehicle without wearing eye protection,
49 over-the-ankle boots, and a safety helmet that is approved by
50 the United States Department of Transportation or Snell Memorial
51 Foundation.
52 (d) To operate an off-highway vehicle in a careless or
53 reckless manner that endangers or causes injury or damage to
54 another person or property.
55 (6) Any person who violates this section commits a
56 noncriminal infraction and is subject to a fine of not less than
57 $100 and may have his or her privilege to operate an off-highway
58 vehicle ATV on public lands revoked. However, a person who
59 commits such acts with intent to defraud, or who commits a
60 second or subsequent violation, is subject to a fine of not less
61 than $500 and may have his or her privilege to operate an off
62 highway vehicle ATV on public lands revoked.
63 Section 3. Subsection (2) of section 316.2074, Florida
64 Statutes, is amended to read:
65 316.2074 All-terrain vehicles.—
66 (2) As used in this section, the term “all-terrain vehicle”
67 means any motorized off-highway vehicle 50 inches or less in
68 width, having a dry weight of 1,200 pounds or less, designed to
69 travel on three or more nonhighway tires, and manufactured for
70 recreational use by one or more persons having a seat designed
71 to be straddled by the operator and handlebars for steering
72 control, and intended for use by a single operator with no
73 passenger. For the purposes of this section, “all-terrain
74 vehicle” also includes a any “two-rider ATV” as defined in s.
75 317.0003.
76 Section 4. Subsections (1) and (9) of section 317.0003,
77 Florida Statutes, are amended to read:
78 317.0003 Definitions.—As used in this chapter, the term:
79 (1) “ATV” means any motorized off-highway or all-terrain
80 vehicle 50 inches or less in width, having a dry weight of 1,200
81 pounds or less, designed to travel on three or more nonhighway
82 tires, and manufactured for recreational use by one or more
83 persons having a seat designed to be straddled by the operator
84 and handlebars for steering control, and intended for use by a
85 single operator and with no passenger.
86 (9) “ROV” means any motorized recreational off-highway
87 vehicle 65 64 inches or less in width, having a dry weight of
88 2,000 pounds or less, designed to travel on four or more
89 nonhighway tires, having nonstraddle seating and a steering
90 wheel, and manufactured for recreational use by one or more
91 persons. The term “ROV” does not include a golf cart as defined
92 in ss. 320.01 and 316.003(68) or a low-speed vehicle as defined
93 in s. 320.01.
94 Section 5. This act shall take effect July 1, 2014.