Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 440
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/31/2024           .                                

       The Committee on Transportation (Wright) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 316.21275, Florida Statutes, is created
    6  to read:
    7         316.21275Operation of a UTV on certain roadways.—
    8         (1)As used in this section, the term:
    9         (a)“Direct supervision” means a person is in the adjacent
   10  front passenger seat of the UTV being operated.
   11         (b)“Utility terrain vehicle” or “UTV” means a vehicle less
   12  than 70 inches in width which has at least two seats allowing
   13  passengers to sit in a side-by-side manner, is operated by foot
   14  controls and a steering wheel, and is equipped with headlamps,
   15  stop lamps, turn signals, tail lamps, rearview mirrors, a
   16  windshield, seat belts, and a horn.
   17         (2)A UTV, may be operated during all hours.
   18         (3)A UTV may be operated only upon:
   19         (a)A two-lane county road with a posted speed limit of
   20  less than 55 miles per hour which has been designated by a
   21  county; or
   22         (b)A two-lane municipal street with a posted speed limit
   23  of less than 55 miles per hour which has been designated by a
   24  municipality.
   26  Before making such designation, the responsible county or
   27  municipality must first determine that a UTV may safely travel
   28  on or cross the public road or street, considering factors
   29  including the speed, volume, and character of motor vehicle
   30  traffic using the road or street.
   31         (4)A UTV may be operated only on a part of the State
   32  Highway System necessary to cross the highway at an angle of
   33  approximately 90 degrees to the direction of the roadway and at
   34  a place where a quick and safe crossing can be made. The
   35  Department of Transportation may prohibit the operation of UTVs
   36  on any road in its jurisdiction if it determines that such
   37  prohibition is necessary in the interest of safety.
   38         (5)A UTV may only be operated by a person possessing a
   39  driver license pursuant to s. 322.18, or a person possessing a
   40  learner’s driver license pursuant to s. 322.1615 and who is
   41  under the direct supervision of a licensed driver.
   42         (6)The owner or operator of a UTV must comply with all of
   43  the following requirements and regulations:
   44         (a)Obey traffic regulations enumerated in this chapter and
   45  operate his or her UTV with due care.
   46         (b)Provide proof of ownership under chapter 317 upon
   47  request of a law enforcement officer.
   48         (c)Fulfil all insurance requirements pursuant to s.
   49  324.022.
   50         (d)Ensure that the UTV has the proper license plate
   51  pursuant to s. 320.0847.
   52         (7)A county or municipality may enact an ordinance
   53  regarding UTV operation and equipment which is more restrictive
   54  than those requirements enumerated in this section.
   55         (8)A county or municipality may prohibit the operation of
   56  a UTV on any road under its jurisdiction if the governing body
   57  of such county or municipality determines that such prohibition
   58  is necessary in the interest of safety.
   59         (9)A violation of this section is a noncriminal traffic
   60  infraction, punishable as a nonmoving violation, as provided in
   61  chapter 318.
   62         Section 2. Section 320.0847, Florida Statutes, is amended
   63  to read:
   64         320.0847 Mini truck, utility terrain vehicle, and low-speed
   65  vehicle license plates.—
   66         (1) The department shall issue a license plate to the owner
   67  or lessee of any vehicle registered as a low-speed vehicle as
   68  defined in s. 320.01, or a mini truck as defined in s. 320.01,
   69  or a utility terrain vehicle as defined in s. 316.21275 upon
   70  payment of the appropriate license taxes and fees prescribed in
   71  s. 320.08.
   72         (2) The license plate for a low-speed vehicle, or mini
   73  truck, or utility terrain vehicle shall comply with the
   74  provisions of s. 320.06.
   75         Section 3. This act shall take effect July 1, 2024.
   77  ================= T I T L E  A M E N D M E N T ================
   78  And the title is amended as follows:
   79         Delete everything before the enacting clause
   80  and insert:
   81                        A bill to be entitled                      
   82         An act relating to utility terrain vehicles; creating
   83         s. 316.21275, F.S.; defining terms; authorizing a
   84         utility terrain vehicle (UTV) to be operated during
   85         all hours; authorizing the operation of UTVs on
   86         certain roadways; authorizing the operation of UTVs on
   87         certain parts of the State Highway System; authorizing
   88         the Department of Transportation to prohibit the use
   89         of UTVs under certain circumstances; authorizing
   90         persons possessing certain licenses to operate a UTV;
   91         requiring owners or operators of a UTV to follow
   92         certain regulations and requirements; authorizing a
   93         county or municipality to restrict the operation of
   94         UTVs under certain circumstances; providing penalties;
   95         amending s. 320.0847, F.S.; requiring the department
   96         to issue a license plate to the owner or lessee of a
   97         vehicle registered as a UTV upon payment of certain
   98         taxes and fees; requiring that license plates for UTVs
   99         comply with specified provisions; providing an
  100         effective date.