Florida Senate - 2026                                     SB 356
       
       
        
       By Senator Wright
       
       
       
       
       
       8-00442-26                                             2026356__
    1                        A bill to be entitled                      
    2         An act relating to utility terrain vehicles; creating
    3         s. 316.21275, F.S.; defining terms; authorizing the
    4         operation of a utility terrain vehicle (UTV) 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; authorizing
    8         the Department of Transportation to prohibit the
    9         operation of UTVs under certain circumstances;
   10         authorizing persons possessing certain licenses to
   11         operate a UTV; requiring owners or operators of a UTV
   12         to comply with certain requirements and regulations;
   13         authorizing a county or municipality to restrict or
   14         prohibit the operation of UTVs under certain
   15         circumstances; providing civil penalties; amending s.
   16         320.0847, F.S.; requiring the Department of Highway
   17         Safety and Motor Vehicles to issue a license plate to
   18         the owner or lessee of a vehicle registered as a UTV
   19         upon payment of certain taxes and fees; requiring that
   20         license plates for UTVs comply with specified
   21         provisions; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   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 person is in the adjacent
   30  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 for UTV
   41  use by a 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 for UTV
   44  use by a municipality.
   45  
   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 person may operate a UTV on the State Highway System
   52  only when 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 person may operate a UTV only if he or she possesses
   59  a driver license pursuant to s. 322.18, or if he or she
   60  possesses a learner’s driver license pursuant to s. 322.1615 and
   61  is 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 the UTV with due care.
   66         (b)Provide proof of ownership under chapter 317 upon
   67  request of a law enforcement officer.
   68         (c)Fulfill all insurance requirements pursuant to ss.
   69  324.022 and 627.736.
   70         (d)Ensure that the UTV has the proper license plate
   71  pursuant to s. 320.0847.
   72         (e) Maintain the registration certificate or a copy thereof
   73  in the UTV pursuant to s. 320.0605.
   74         (7)A county or municipality may enact an ordinance
   75  regarding UTV operation and equipment which is more restrictive
   76  than the requirements enumerated in this section.
   77         (8)A county or municipality may prohibit the operation of
   78  a UTV on any road or street under its jurisdiction if the
   79  governing body of such county or municipality determines that
   80  such prohibition is necessary in the interest of safety.
   81         (9)A violation of this section is a noncriminal traffic
   82  infraction, punishable as a nonmoving violation, as provided in
   83  chapter 318.
   84         Section 2. Section 320.0847, Florida Statutes, is amended
   85  to read:
   86         320.0847 Mini truck, utility terrain vehicle, and low-speed
   87  vehicle license plates.—
   88         (1) The department shall issue a license plate to the owner
   89  or lessee of any vehicle registered as a low-speed vehicle as
   90  defined in s. 320.01, or a mini truck as defined in s. 320.01,
   91  or a utility terrain vehicle as defined in s. 316.21275 upon
   92  payment of the appropriate license taxes and fees prescribed in
   93  s. 320.08.
   94         (2) The license plate for a low-speed vehicle, or mini
   95  truck, or utility terrain vehicle must shall comply with the
   96  provisions of s. 320.06.
   97         Section 3. This act shall take effect January 1, 2027.