Florida Senate - 2024                              CS for SB 440
       By the Committee on Transportation; and Senator Wright
       596-02668-24                                           2024440c1
    1                        A bill to be entitled                      
    2         An act relating to utility terrain vehicles; creating
    3         s. 316.21275, F.S.; defining terms; authorizing a
    4         utility terrain vehicle (UTV) to be operated during
    5         all hours; authorizing the operation of UTVs on
    6         certain roadways; authorizing the operation of UTVs on
    7         certain parts of the State Highway System only under
    8         specified conditions; authorizing the Department of
    9         Transportation to prohibit the use of UTVs under
   10         certain circumstances; authorizing persons possessing
   11         certain licenses to operate a UTV; requiring owners or
   12         operators of a UTV to follow certain regulations and
   13         requirements; authorizing a county or municipality to
   14         restrict the operation of UTVs under certain
   15         circumstances; providing penalties; amending s.
   16         320.0847, F.S.; requiring the department to issue a
   17         license plate to the owner or lessee of a vehicle
   18         registered as a UTV upon payment of certain taxes and
   19         fees; requiring that license plates for UTVs comply
   20         with specified provisions; providing an effective
   21         date.
   23  Be It Enacted by the Legislature of the State of Florida:
   25         Section 1. Section 316.21275, Florida Statutes, is created
   26  to read:
   27         316.21275Operation of a UTV on certain roadways.—
   28         (1)As used in this section, the term:
   29         (a)“Direct supervision” means a licensed driver is in the
   30  adjacent front passenger seat of the UTV being operated.
   31         (b)“Utility terrain vehicle” or “UTV” means a vehicle less
   32  than 70 inches in width which has at least two seats allowing
   33  passengers to sit in a side-by-side manner, is operated by foot
   34  controls and a steering wheel, and is equipped with headlamps,
   35  stop lamps, turn signals, tail lamps, rearview mirrors, a
   36  windshield, seat belts, and a horn.
   37         (2)A UTV, may be operated during all hours.
   38         (3)A UTV may be operated only upon:
   39         (a)A two-lane county road with a posted speed limit of
   40  less than 55 miles per hour which has been designated by a
   41  county; or
   42         (b)A two-lane municipal street with a posted speed limit
   43  of less than 55 miles per hour which has been designated by a
   44  municipality.
   46  Before making such designation, the responsible county or
   47  municipality must first determine that a UTV may safely travel
   48  on or cross the public road or street, considering factors
   49  including the speed, volume, and character of motor vehicle
   50  traffic using the road or street.
   51         (4)A UTV may be operated only on a part of the State
   52  Highway System necessary to cross the highway at an angle of
   53  approximately 90 degrees to the direction of the roadway and at
   54  a place where a quick and safe crossing can be made. The
   55  Department of Transportation may prohibit the operation of UTVs
   56  on any road in its jurisdiction if it determines that such
   57  prohibition is necessary in the interest of safety.
   58         (5)A UTV may only be operated by a person possessing a
   59  driver license pursuant to s. 322.18, or a person possessing a
   60  learner’s driver license pursuant to s. 322.1615 and who is
   61  under the direct supervision of a licensed driver.
   62         (6)The owner or operator of a UTV must comply with all of
   63  the following requirements and regulations:
   64         (a)Obey traffic regulations enumerated in this chapter and
   65  operate his or her UTV with due care.
   66         (b)Provide proof of ownership under chapter 317 upon
   67  request of a law enforcement officer.
   68         (c)Fulfil all insurance requirements pursuant to s.
   69  324.022.
   70         (d)Ensure that the UTV has the proper license plate
   71  pursuant to s. 320.0847.
   72         (7)A county or municipality may enact an ordinance
   73  regarding UTV operation and equipment which is more restrictive
   74  than those requirements enumerated in this section.
   75         (8)A county or municipality may prohibit the operation of
   76  a UTV on any road under its jurisdiction if the governing body
   77  of such county or municipality determines that such prohibition
   78  is necessary in the interest of safety.
   79         (9)A violation of this section is a noncriminal traffic
   80  infraction, punishable as a nonmoving violation, as provided in
   81  chapter 318.
   82         Section 2. Section 320.0847, Florida Statutes, is amended
   83  to read:
   84         320.0847 Mini truck, utility terrain vehicle, and low-speed
   85  vehicle license plates.—
   86         (1) The department shall issue a license plate to the owner
   87  or lessee of any vehicle registered as a low-speed vehicle as
   88  defined in s. 320.01, or a mini truck as defined in s. 320.01,
   89  or a utility terrain vehicle as defined in s. 316.21275 upon
   90  payment of the appropriate license taxes and fees prescribed in
   91  s. 320.08.
   92         (2) The license plate for a low-speed vehicle, or mini
   93  truck, or utility terrain vehicle shall comply with the
   94  provisions of s. 320.06.
   95         Section 3. This act shall take effect July 1, 2024.