The Florida Senate

316.2074  All-terrain vehicles.--

(1)  The Legislature hereby finds and declares that:

(a)  All-terrain vehicle use has doubled over the past several years;

(b)  Injuries associated with all-terrain vehicle use have more than tripled over the past several years;

(c)  On the national level, annual emergency room treatments of injuries related to all-terrain vehicle use increased from 26,900 in 1983 to 63,900 in 1984 to 85,900 in 1985;

(d)  Nearly one-half of all individuals injured in all-terrain vehicle accidents are under 16 years of age;

(e)  In the past 5 years, there have been more than 550 deaths resulting from all-terrain vehicle accidents, with more than 40 percent of the dead being children 16 years of age or younger;

(f)  Over one-half of all individuals injured in all-terrain vehicle accidents do not wear any type of protective equipment.

(2)  It is the intent of the Legislature, through the adoption of this section to provide safety protection for minors while operating an all-terrain vehicle in this state.

(3)  As used in this section "all-terrain vehicle" means any motorized off-highway vehicle 50 inches (1270 mm) or less in width, having a dry weight of 600 pounds (273 kg) or less, traveling on three or more low-pressure tires, designed for operator use only with no passengers, having a seat or saddle designed to be straddled by the operator, and having handlebars for steering control.

(4)  No person under 16 years of age shall operate, ride, or be otherwise propelled on an all-terrain vehicle unless the person wears a safety helmet meeting United States Department of Transportation standards and eye protection.

(5)  If an accident results in the death of any person or in the injury of any person which results in treatment of the person by a physician, the operator of each all-terrain vehicle involved in the accident shall give notice of the accident pursuant to s. 316.066.

(6)  An all-terrain vehicle having four wheels may be used by police officers on public beaches designated as public roadways for the purpose of enforcing the traffic laws of the state. All-terrain vehicles may also be used by the police to travel on public roadways within 5 miles of beach access only when getting to and from the beach.

(7)  Any person who violates the provisions of this section shall be punished as provided in chapter 318.

History.--ss. 1, 2, 3, 4, 5, ch. 88-221; s. 5, ch. 95-333; s. 30, ch. 96-350; s. 3, ch. 96-413.