Florida Senate - 2021 SB 1896 By Senator Wright 14-01646A-21 20211896__ 1 A bill to be entitled 2 An act relating to multipassenger all-terrain 3 vehicles; creating s. 316.20741, F.S.; defining the 4 term “multipassenger all-terrain vehicle”; prohibiting 5 multipassenger all-terrain vehicle operation on public 6 roads, streets, or highways; prohibiting 7 multipassenger all-terrain vehicles from being 8 operated on roads or streets with a speed limit of 60 9 miles per hour or greater; authorizing local 10 governmental entities to allow multipassenger all 11 terrain vehicles to be operated on certain roads or 12 streets; requiring the local government’s decision to 13 be based on a certain determination; prohibiting 14 multipassenger all-terrain vehicles from being 15 operated on the State Highway System; authorizing 16 multipassenger all-terrain vehicles to be operated on 17 certain streets or highways for a specified purpose; 18 providing applicability; requiring that multipassenger 19 all-terrain vehicles be operated only between sunrise 20 and sunset; providing an exception; providing 21 requirements for multipassenger all-terrain vehicles 22 operated on a public road or street; prohibiting a 23 person under the age of 16 from operating a 24 multipassenger all-terrain vehicle on public roads; 25 authorizing local governmental entities to enact 26 ordinances relating to multipassenger all-terrain 27 vehicle operation; exempting multipassenger all 28 terrain vehicles from requirements relating to the 29 display of license plates; providing penalties; 30 providing an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Section 316.20741, Florida Statutes, is created 35 to read: 36 316.20741 Multipassenger all-terrain vehicles; operation on 37 roads, streets, or highways.— 38 (1) As used in this section, the term “multipassenger all 39 terrain vehicle” means any motorized off-highway vehicle 55 40 inches or less in width which has a dry weight of 1,500 pounds 41 or less, is designed to travel on three or more nonhighway 42 tires, and is manufactured for recreational use by two or more 43 persons. 44 (2) A multipassenger all-terrain vehicle may not be 45 operated upon the public roads, streets, or highways of this 46 state except as provided in this section. 47 (a) A multipassenger all-terrain vehicle may not be 48 operated on any road or street with a speed limit of 60 miles 49 per hour or greater. 50 (b) A multipassenger all-terrain vehicle may be operated 51 only upon a county road that has been designated by a county, a 52 municipal street that has been designated by a municipality, or 53 a two-lane county road located within the jurisdiction of a 54 municipality and designated by that municipality for use by 55 multipassenger all-terrain vehicles. Before making such a 56 designation, the responsible local governmental entity must 57 first determine that multipassenger all-terrain vehicles may 58 safely travel on or cross the public road or street, considering 59 factors that include the speed, volume, and character of motor 60 vehicle traffic using the road or street. Upon a determination 61 that multipassenger all-terrain vehicles may be safely operated 62 on a designated road or street, the responsible governmental 63 entity shall post appropriate signs to indicate that such 64 operation is allowed. 65 (c) A multipassenger all-terrain vehicle may not be 66 operated on any part of the State Highway System. 67 (d) Notwithstanding any other provision of this subsection, 68 a multipassenger all-terrain vehicle may be operated for the 69 purpose of crossing a street or highway where a single mobile 70 home park is located on both sides of the street or highway and 71 is divided by that street or highway, provided that the 72 governmental entity having original jurisdiction over such 73 street or highway shall review and approve the location of the 74 crossing and require implementation of any traffic controls 75 needed for safety purposes. This paragraph shall apply only to 76 residents or guests of the mobile home park. If notice is posted 77 at the entrance and exit of any mobile home park where residents 78 of the park operate multipassenger all-terrain vehicles or 79 electric vehicles within the confines of the park, it is not 80 necessary for the park to have a gate or other device at the 81 entrance and exit in order for such multipassenger all-terrain 82 vehicles or electric vehicles to be lawfully operated in the 83 park. 84 (e) A multipassenger all-terrain vehicle may be operated 85 only during the hours between sunrise and sunset, unless the 86 responsible governmental entity has determined that a 87 multipassenger all-terrain vehicle may be operated during the 88 hours between sunset and sunrise and the multipassenger all 89 terrain vehicle is equipped with headlights, brake lights, turn 90 signals, and a windshield. 91 (f) A multipassenger all-terrain vehicle may not be 92 operated on a public road or street unless it is equipped with: 93 1. Effective front and rear brakes; 94 2. Low-beam and high-beam headlights; 95 3. A windshield and windshield wipers; 96 4. A horn; 97 5. A reliable steering apparatus; 98 6. Safe tires; 99 7. A rearview mirror or mirrors on both the left and right 100 sides; 101 8. A seatbelt for each passenger; 102 9. Front and rear bumpers, with the front bumper allowed to 103 be a brush guard; and 104 10. Red reflectorized warning devices on both the front and 105 rear of the vehicle. 106 (g) A multipassenger all-terrain vehicle may not be 107 operated on a public road or street by any person younger than 108 16 years of age. 109 (h) A local governmental entity may enact an ordinance 110 relating to: 111 1. Multipassenger all-terrain vehicle operation and 112 equipment which is more restrictive than those enumerated in 113 this section. Upon enactment of such ordinance, the local 114 governmental entity shall post appropriate signs or otherwise 115 inform the residents that such an ordinance exists and that it 116 will be enforced within the local government’s jurisdictional 117 territory. An ordinance referred to in this subparagraph must 118 apply only to an unlicensed driver. 119 2. Multipassenger all-terrain vehicle operation on 120 sidewalks adjacent to specific segments of municipal streets, 121 county roads, or state highways within the jurisdictional 122 territory of the local governmental entity if: 123 a. The local governmental entity determines, after 124 considering the condition and current use of the sidewalks, the 125 character of the surrounding community, and the locations of 126 authorized multipassenger all-terrain vehicle crossings, that 127 multipassenger all-terrain vehicles, bicycles, and pedestrians 128 may safely share the sidewalk; 129 b. The local governmental entity consults with the 130 Department of Transportation before adopting the ordinance; 131 c. The ordinance restricts multipassenger all-terrain 132 vehicles to a maximum speed of 15 miles per hour and permits 133 such use on sidewalks adjacent to state highways only if the 134 sidewalks are at least 8 feet wide; 135 d. The ordinance requires multipassenger all-terrain 136 vehicles to meet the equipment requirements in paragraph (f). 137 However, the ordinance may require additional equipment; and 138 e. The local governmental entity posts appropriate signs or 139 otherwise informs residents that the ordinance exists and 140 applies to such sidewalks. 141 (3) When operated in accordance with this section, 142 multipassenger all-terrain vehicles are exempt from the 143 provisions of chapter 320 which require the display of license 144 plates. 145 (4) A violation of this section is a noncriminal traffic 146 infraction, punishable pursuant to chapter 318 as a moving 147 violation for infractions of paragraphs (2)(a)-(e) or a local 148 ordinance corresponding thereto and enacted pursuant to 149 paragraph (2)(h), or punishable pursuant to chapter 318 as a 150 nonmoving violation for infractions of paragraph (2)(f), 151 paragraph (2)(g), or a local ordinance corresponding thereto and 152 enacted pursuant to paragraph (2)(h). 153 Section 2. This act shall take effect July 1, 2021.