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.