ENROLLED
       2019 Legislature                                          SB 310
       
       
       
       
       
       
                                                              2019310er
    1  
    2         An act relating to off-highway vehicles; amending ss.
    3         261.03 and 317.0003, F.S.; redefining the terms “ATV”
    4         and “ROV” to increase the authorized width and dry
    5         weight of such vehicles; amending s. 316.2074, F.S.;
    6         redefining the term “all-terrain vehicle” to increase
    7         the authorized width and dry weight of the vehicle;
    8         reenacting s. 316.2123(1), F.S., relating to the
    9         operation of an ATV on certain roadways; reenacting s.
   10         316.21265(1), F.S., relating to the use of certain
   11         vehicles by law enforcement agencies; 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 55 50 inches or less in width which has,having a dry
   21  weight of 1,500 1,200 pounds or less, is designed to travel on
   22  three or more nonhighway tires, and is manufactured for
   23  recreational use by one or more persons.
   24         (8) “ROV” means any motorized recreational off-highway
   25  vehicle 80 65 inches or less in width which has,having a dry
   26  weight of 2,500 2,000 pounds or less, is designed to travel on
   27  four or more nonhighway tires, and is manufactured for
   28  recreational use by one or more persons. The term “ROV” does not
   29  include a golf cart as defined in ss. 316.003 and 320.01 or a
   30  low-speed vehicle as defined in s. 320.01.
   31         Section 2. Subsection (2) of section 316.2074, Florida
   32  Statutes, is amended to read:
   33         316.2074 All-terrain vehicles.—
   34         (2) As used in this section, the term “all-terrain vehicle”
   35  means any motorized off-highway vehicle 55 50 inches or less in
   36  width which has,having a dry weight of 1,500 1,200 pounds or
   37  less, is designed to travel on three or more nonhighway tires,
   38  and is manufactured for recreational use by one or more persons.
   39  For the purposes of this section, “all-terrain vehicle” also
   40  includes a “two-rider ATV” as defined in s. 317.0003.
   41         Section 3. Subsections (1) and (9) of section 317.0003,
   42  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 55 50 inches or less in width which has,having a dry
   46  weight of 1,500 1,200 pounds or less, is designed to travel on
   47  three or more nonhighway tires, and is manufactured for
   48  recreational use by one or more persons.
   49         (9) “ROV” means any motorized recreational off-highway
   50  vehicle 80 65 inches or less in width which has,having a dry
   51  weight of 2,500 2,000 pounds or less, is designed to travel on
   52  four or more nonhighway tires, and is manufactured for
   53  recreational use by one or more persons. The term “ROV” does not
   54  include a golf cart as defined in ss. 316.003 and 320.01 or a
   55  low-speed vehicle as defined in s. 320.01.
   56         Section 4. For the purpose of incorporating the amendment
   57  made by this act to section 317.0003, Florida Statutes, in a
   58  reference thereto, subsection (1) of section 316.2123, Florida
   59  Statutes, is reenacted to read:
   60         316.2123 Operation of an ATV on certain roadways.—
   61         (1) The operation of an ATV, as defined in s. 317.0003,
   62  upon the public roads or streets of this state is prohibited,
   63  except that an ATV may be operated during the daytime on an
   64  unpaved roadway where the posted speed limit is less than 35
   65  miles per hour.
   66         Section 5. For the purpose of incorporating the amendment
   67  made by this act to section 316.2074, Florida Statutes, in a
   68  reference thereto, subsection (1) of section 316.21265, Florida
   69  Statutes, is reenacted to read:
   70         316.21265 Use of all-terrain vehicles, golf carts, low
   71  speed vehicles, or utility vehicles by law enforcement
   72  agencies.—
   73         (1) Notwithstanding any provision of law to the contrary,
   74  any law enforcement agency in this state may operate all-terrain
   75  vehicles as defined in s. 316.2074, golf carts as defined in s.
   76  320.01, low-speed vehicles as defined in s. 320.01, or utility
   77  vehicles as defined in s. 320.01 on any street, road, or highway
   78  in this state while carrying out its official duties.
   79         Section 6. This act shall take effect July 1, 2019.