Florida 2022 2022 Regular Session

Florida Senate Bill S0474 Analysis / Analysis

Filed 12/01/2021

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Agriculture  
 
BILL: SB 474 
INTRODUCER:  Senator Perry 
SUBJECT:  Recreational Off-highway Vehicles 
DATE: December 1, 2021 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Becker Becker AG Pre-meeting 
2.     TR  
3.     RC  
 
I. Summary: 
SB increases the dry weight allowed for recreational off-highway vehicles from 2,500 pounds to 
3,500 pounds. 
 
The bill takes effect July 1, 2022. 
II. Present Situation: 
The 2002 Legislature found that off-highway vehicles were becoming increasingly popular in 
this state and that the use of these vehicles should be controlled and managed to minimize 
negative effects on the environment, wildlife habitats, native wildlife, and native flora and 
fauna.
1
 The T. Mark Schmidt Off-Highway Vehicle Safety and Recreation Act
2
 was passed to 
develop an Off-Highway Vehicle recreational system. The program provides a set of guidelines 
to follow for developing and maintaining state lands, as well as provides restrictions on vehicles 
allowed on authorized state lands. 
 
The Florida Department of Highway Safety and Motor Vehicles is responsible for the issuing, 
handling, and recording of all off-highway vehicle titling applications and certificates, including 
the receipt and accounting of related fees.
3
 
 
The definition of recreational off-highway vehicles (ROV) is distinguished by width, weight, and 
the number of non-highway wheels.
4
 Current law provides that an ROV must: 
 Be 80 inches or less in width; 
 Have a dry weight of 2,500 pounds or less; 
                                                
1
 Section 261.02(1), F.S. 
2
 Section 261.01, F.S. 
3
 Section 317.0004(1), F.S. 
4
 Section 261.03(8), F.S., and Section 317.003(9), F.S. 
REVISED:   BILL: SB 474   	Page 2 
 
 Be designed to travel on four or more nonhighway tires; and 
 Be manufactured for recreational use by one or more persons.
5
 
III. Effect of Proposed Changes: 
SB 474 increases the dry weight allowed for recreational off-highway vehicles from 2,500 
pounds to 3,500 pounds. 
 
The bill takes effect July 1, 2022.  
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
Additional ROVs could be eligible to be titled in Florida should this bill pass. 
C. Government Sector Impact: 
If additional ROVs are titled in Florida due to the passage of this bill, the Department of 
Highway Safety and Motor Vehicles could see additional revenue. 
                                                
5
 Id.  BILL: SB 474   	Page 3 
 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill amends sections 261.03 and 317.0003 of the Florida Statutes. 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.