ENROLLED
       2014 Legislature                   CS for SB 1024, 1st Engrossed
       
       
       
       
       
       
                                                             20141024er
    1  
    2         An act relating to off-highway vehicles; amending s.
    3         261.03, F.S.; revising the terms “ATV” and “ROV”;
    4         amending s. 261.20, F.S.; revising a violation for
    5         carrying an operator and more than a single passenger
    6         on certain off-highway vehicles to prohibit carrying
    7         more passengers than the vehicle is designed to carry;
    8         amending a penalty provision to apply to off-highway
    9         vehicles; amending s. 316.2074, F.S.; revising the
   10         term “all-terrain vehicle”; amending s. 317.0003,
   11         F.S.; revising the terms “ATV” and “ROV”; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsections (2) and (8) of section 261.03,
   17  Florida Statutes, are amended to read:
   18         261.03 Definitions.—As used in this chapter, the term:
   19         (2) “ATV” means any motorized off-highway or all-terrain
   20  vehicle 50 inches or less in width, having a dry weight of 1,200
   21  pounds or less, designed to travel on three or more nonhighway
   22  tires, and manufactured for recreational use by one or more
   23  persons having a seat designed to be straddled by the operator
   24  and handlebars for steering control, and intended for use by a
   25  single operator with no passenger.
   26         (8) “ROV” means any motorized recreational off-highway
   27  vehicle 65 64 inches or less in width, having a dry weight of
   28  2,000 pounds or less, designed to travel on four or more
   29  nonhighway tires, having nonstraddle seating and a steering
   30  wheel, and manufactured for recreational use by one or more
   31  persons. The term “ROV” does not include a golf cart as defined
   32  in ss. 320.01 and 316.003(68) or a low-speed vehicle as defined
   33  in s. 320.01.
   34         Section 2. Subsections (5) and (6) of section 261.20,
   35  Florida Statutes, are amended to read:
   36         261.20 Operations of off-highway vehicles on public lands;
   37  restrictions; safety courses; required equipment; prohibited
   38  acts; penalties.—
   39         (5) It is a violation of this section:
   40         (a) To carry more passengers a passenger on an off-highway
   41  vehicle than, unless the machine is specifically designed by the
   42  manufacturer to carry an operator and a single passenger.
   43         (b) To operate an off-highway vehicle while under the
   44  influence of alcohol, a controlled substance, or any
   45  prescription or over-the-counter drug that impairs vision or
   46  motor condition.
   47         (c) For a person who has not attained 16 years of age, to
   48  operate an off-highway vehicle without wearing eye protection,
   49  over-the-ankle boots, and a safety helmet that is approved by
   50  the United States Department of Transportation or Snell Memorial
   51  Foundation.
   52         (d) To operate an off-highway vehicle in a careless or
   53  reckless manner that endangers or causes injury or damage to
   54  another person or property.
   55         (6) Any person who violates this section commits a
   56  noncriminal infraction and is subject to a fine of not less than
   57  $100 and may have his or her privilege to operate an off-highway
   58  vehicle ATV on public lands revoked. However, a person who
   59  commits such acts with intent to defraud, or who commits a
   60  second or subsequent violation, is subject to a fine of not less
   61  than $500 and may have his or her privilege to operate an off
   62  highway vehicle ATV on public lands revoked.
   63         Section 3. Subsection (2) of section 316.2074, Florida
   64  Statutes, is amended to read:
   65         316.2074 All-terrain vehicles.—
   66         (2) As used in this section, the term “all-terrain vehicle”
   67  means any motorized off-highway vehicle 50 inches or less in
   68  width, having a dry weight of 1,200 pounds or less, designed to
   69  travel on three or more nonhighway tires, and manufactured for
   70  recreational use by one or more persons having a seat designed
   71  to be straddled by the operator and handlebars for steering
   72  control, and intended for use by a single operator with no
   73  passenger. For the purposes of this section, “all-terrain
   74  vehicle” also includes a any “two-rider ATV” as defined in s.
   75  317.0003.
   76         Section 4. Subsections (1) and (9) of section 317.0003,
   77  Florida Statutes, are amended to read:
   78         317.0003 Definitions.—As used in this chapter, the term:
   79         (1) “ATV” means any motorized off-highway or all-terrain
   80  vehicle 50 inches or less in width, having a dry weight of 1,200
   81  pounds or less, designed to travel on three or more nonhighway
   82  tires, and manufactured for recreational use by one or more
   83  persons having a seat designed to be straddled by the operator
   84  and handlebars for steering control, and intended for use by a
   85  single operator and with no passenger.
   86         (9) “ROV” means any motorized recreational off-highway
   87  vehicle 65 64 inches or less in width, having a dry weight of
   88  2,000 pounds or less, designed to travel on four or more
   89  nonhighway tires, having nonstraddle seating and a steering
   90  wheel, and manufactured for recreational use by one or more
   91  persons. The term “ROV” does not include a golf cart as defined
   92  in ss. 320.01 and 316.003(68) or a low-speed vehicle as defined
   93  in s. 320.01.
   94         Section 5. This act shall take effect July 1, 2014.