Florida Senate - 2024                                     SB 440
       By Senator Wright
       8-00500-24                                             2024440__
    1                        A bill to be entitled                      
    2         An act relating to utility terrain vehicles; amending
    3         s. 316.2123, F.S.; authorizing the operation of
    4         utility terrain vehicles on certain roadways;
    5         providing applicability of certain operator
    6         requirements; amending s. 320.01, F.S.; defining the
    7         term “utility terrain vehicle” or “UTV”; providing an
    8         effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Section 316.2123, Florida Statutes, is amended
   13  to read:
   14         316.2123 Operation of an ATV or a UTV on certain roadways.—
   15         (1)(a) The operation of an ATV, as defined in s. 317.0003,
   16  upon the public roads or streets of this state is prohibited,
   17  except that an ATV may be operated during the daytime on an
   18  unpaved roadway where the posted speed limit is less than 35
   19  miles per hour.
   20         (b)A UTV, as defined in s. 320.01(46), may be operated
   21  during all hours, but only on nonfederal roadways where the
   22  posted speed limit is less than 55 miles per hour.
   23         (2) A county is exempt from this section if the governing
   24  body of the county, by majority vote, following a noticed public
   25  hearing, votes to exempt the county from this section.
   26  Alternatively, a county may, by majority vote after such a
   27  hearing, designate certain unpaved roadways where an ATV may be
   28  operated during the daytime as long as each such designated
   29  roadway has a posted speed limit of less than 35 miles per hour
   30  and is appropriately marked to indicate permissible ATV use.
   31         (3) Any ATV or UTV operation that is permitted under
   32  subsection (1) or subsection (2) may be undertaken only by a
   33  licensed driver or a minor who is under the direct supervision
   34  of a licensed driver. The operator must provide proof of
   35  ownership under chapter 317 upon the request of a law
   36  enforcement officer.
   37         Section 2. Subsection (46) is added to section 320.01,
   38  Florida Statutes, to read:
   39         320.01 Definitions, general.—As used in the Florida
   40  Statutes, except as otherwise provided, the term:
   41         (46) “Utility terrain vehicle” or “UTV” means a vehicle
   42  less than 70 inches in width which has at least two seats
   43  allowing passengers to sit in a side-by-side manner and which is
   44  equipped with headlamps, stop lamps, turn signals, taillamps,
   45  rearview mirrors, a windshield, seat belts, and a horn. A UTV
   46  must comply with all insurance and license requirements of mini
   47  trucks pursuant to ss. 316.2122 and 320.0847.
   48         Section 3. This act shall take effect July 1, 2024.