Florida Senate - 2025 CS for CS for SB 88
By the Appropriations Committee on Transportation, Tourism, and
Economic Development; the Committee on Transportation; and
Senator Wright
606-02139-25 202588c2
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; authorizing
8 the Department of Transportation to prohibit the use
9 of UTVs under certain circumstances; authorizing
10 persons possessing certain licenses to operate a UTV;
11 requiring owners or operators of a UTV to comply with
12 certain requirements and regulations; authorizing a
13 county or municipality to restrict the operation of
14 UTVs under certain circumstances; providing civil
15 penalties; amending s. 320.0847, F.S.; requiring the
16 Department of Highway Safety and Motor Vehicles to
17 issue a license plate to the owner or lessee of a
18 vehicle registered as a UTV upon payment of certain
19 taxes and fees; requiring that license plates for UTVs
20 comply with specified provisions; providing an
21 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:
27 316.21275 Operation 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 the person possesses
60 a learner’s driver license pursuant to s. 322.1615 and is under
61 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) Fulfill 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 (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 those 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, 2026.