Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 440
Ì166366BÎ166366
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/31/2024 .
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The Committee on Transportation (Wright) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 316.21275, Florida Statutes, is created
6 to read:
7 316.21275 Operation 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.
25
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.
76
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.