| 1 | A bill to be entitled | 
| 2 | An act relating to off-highway vehicles; amending ss. | 
| 3 | 261.03, 316.2074, and 317.0003, F.S.; revising the | 
| 4 | definition of "ATV" and "all-terrain vehicle" for purposes | 
| 5 | of provisions relating to the sale and use of motorized | 
| 6 | off-highway vehicles; providing an effective date. | 
| 7 | 
 | 
| 8 | Be It Enacted by the Legislature of the State of Florida: | 
| 9 | 
 | 
| 10 | Section 1.  Subsections (2), (6), and (11) of section | 
| 11 | 261.03, Florida Statutes, are amended to read: | 
| 12 | 261.03  Definitions.--As used in this chapter, the term: | 
| 13 | (2)  "ATV" means any motorized off-highway or all-terrain | 
| 14 | vehicle 60 50inches or less in width, having a dry weight of | 
| 15 | 1,500 900pounds or less, designed to travel on three or more | 
| 16 | low-pressure tires, having a seat designed to be straddled by | 
| 17 | the operator or a bench seat and handlebars or a steering wheel | 
| 18 | for steering control, and intended for use by a single operator | 
| 19 | or with additional riders if the vehicle is designed for | 
| 20 | passengers with no passenger. | 
| 21 | (6)  "Off-highway vehicle" means any ATV , two-rider ATV,or | 
| 22 | OHM that is used off the roads or highways of this state and | 
| 23 | that is not registered and licensed for highway use under | 
| 24 | chapter 320. | 
| 25 | (11)  "Two-rider ATV" means any ATV that is specifically  | 
| 26 | designed by the manufacturer for a single operator and one  | 
| 27 | passenger. | 
| 28 | Section 2.  Subsection (2) of section 316.2074, Florida | 
| 29 | Statutes, is amended to read: | 
| 30 | 316.2074  All-terrain vehicles.-- | 
| 31 | (2)  As used in this section, the term "all-terrain | 
| 32 | vehicle" means any motorized off-highway vehicle 60 50inches or | 
| 33 | less in width, having a dry weight of 1,500 900pounds or less, | 
| 34 | designed to travel on three or more low-pressure tires, having a | 
| 35 | seat designed to be straddled by the operator or a bench seat | 
| 36 | and handlebars or a steering wheel for steering control, and | 
| 37 | intended for use by a single operator or with additional riders | 
| 38 | if the vehicle is designed for passengers with no passenger.For  | 
| 39 | the purposes of this section, "all-terrain vehicle" also  | 
| 40 | includes any "two-rider ATV" as defined in s. 317.0003. | 
| 41 | Section 3.  Subsections (1), (6), and (9) of section | 
| 42 | 317.0003, Florida Statutes, are amended to read: | 
| 43 | 317.0003  Definitions.--As used in this chapter, the term: | 
| 44 | (1)  "ATV" means any motorized off-highway or all-terrain | 
| 45 | vehicle 60 50inches or less in width, having a dry weight of | 
| 46 | 1,500 900pounds or less, designed to travel on three or more | 
| 47 | low-pressure tires, having a seat designed to be straddled by | 
| 48 | the operator or a bench seat and handlebars or a steering wheel | 
| 49 | for steering control, and intended for use by a single operator | 
| 50 | or with additional riders if the vehicle is designed for | 
| 51 | passengers and with no passenger. | 
| 52 | (6)  "Off-highway vehicle" means any ATV, two-rider ATV,or | 
| 53 | OHM that is used off the roads or highways of this state and | 
| 54 | that is not registered and licensed for highway use pursuant to | 
| 55 | chapter 320. | 
| 56 | (9)  "Two-rider ATV" means any ATV that is specifically  | 
| 57 | designed by the manufacturer for a single operator and one  | 
| 58 | passenger. | 
| 59 | Section 4.  This act shall take effect July 1, 2009. |