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.