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 Transportation
BILL: SB 474
INTRODUCER: Senator Perry
SUBJECT: Recreational Off-highway Vehicles
DATE: January 11, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Becker Becker AG Favorable
2. Proctor Vickers TR Pre-meeting
3. RC
I. Summary:
SB 474 increases the dry weight allowed for recreational off-highway vehicles (ROVs) from
2,500 pounds to 3,500 pounds.
The bill has an effective date of 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 Department of Highway Safety and Motor Vehicles (DHSMV) and its agents (Tax Collector
Offices) are 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 funds for
these title transactions, less administrative costs of $2 per transaction (which are deposited into
the Highway Safety Operating Trust Fund) are deposited into the Incidental Trust Fund of the
Florida Forest Service of the Department of Agriculture and Consumer Services (DACS).
4
1
Section 261.02(1), F.S.
2
Section 261.01, F.S.
3
Section 317.0004(1), F.S.
4
Department of Highway Safety and Motor Vehicles, 2022 Legislative Bill Analysis for SB 474, (November 30, 2021), p. 2
(on file in the Senate Committee on Transportation).
REVISED: BILL: SB 474 Page 2
The definition of ROVs is distinguished by width, weight, and the number of non-highway
wheels. Current law provides that an ROV must:
Be 80 inches or less in width;
Have a dry weight of 2,500 pounds or less;
Be designed to travel on four or more nonhighway tires; and
Be manufactured for recreational use by one or more persons.
5
Any person operating an off-highway vehicle who has not attained 16 years of age must be
supervised by an adult while operating the off-highway vehicle. In addition, a person who has
not attained 16 years of age must have in their possession a certificate evidencing the satisfactory
completion of an approved off-highway vehicle safety course in this state or another jurisdiction.
A nonresident who has not attained 16 years of age and who is in this state temporarily for a
period not to exceed 30 days is exempt from this requirement.
6
An ROV that is operated between sunset and sunrise, or when visibility is reduced because of
rain, smoke, or smog, must display a lighted headlamp and tail lamp unless the use of such lights
is prohibited by other laws, such as a prohibition on the use of lights when hunting at night. An
ROV that is used in certain organized and sanctioned competitive events being held on a closed
course may be exempted by DACS rule from any equipment requirement.
7
Any person who commits one of the following violations commits a noncriminal infraction and
is subject to a fine of not less than $100 and may have their privilege to operate an ROV on
public lands revoked:
8
Carrying more passengers on an off-highway vehicle than the machine is specifically
designed by the manufacturer to carry;
Operating an ROV while under the influence of alcohol, a controlled substance, or any
prescription or over-the-counter drug that impairs vision or motor condition;
A person, who has not attained 16 years of age, operating an ROV without wearing eye
protection, over-the-ankle boots, and a safety helmet that is approved by the United States
Department of Transportation or Snell Memorial Foundation; and
Operating an ROV in a careless or reckless manner that endangers or causes injury or
damage to another person or property.
9
Some ROV manufacturers are adding hydrogen and electric models to their lineup. The weight
of these new models has the potential to be greater than the traditional combustion engine
models. For instance, Polaris produces the electric powered Ranger EV (dry weight of 1,762
pounds)
10
and Ranger XP Kinetic (dry weight of 1,980 pounds)
11
models; Nikola produces the
5
Sections 261.03(8) and 317.0003(9), F.S.
6
Sections 261.20(2) and (3), F.S.
7
Ibid.
8
Section 261.20(6), F.S.
9
Section 261.20(5), F.S.
10
Polaris, Ranger EV, https://ranger.polaris.com/en-us/ranger-ev/ (last visited January 5, 2022).
11
Polaris, Ranger XP Kinetic, https://ranger.polaris.com/en-us/ranger-xp-kinetic-ultimate-polaris-pursuit-camo/specs/ (last
visited January 5, 2022). BILL: SB 474 Page 3
NTZ model (dry weight of 2,300 to 4,400 pounds depending on motor and battery capacity);
12
and Lexus has revealed a new ROV hydrogen concept model.
13
However, SB 474 does not
address any specifications that an increased weight allowance would be associated with, it only
increases the dry weight allowance for ROVs which would apply regardless of engine type or
ROV capabilities.
III. Effect of Proposed Changes:
SB 474 increases the dry weight allowed for ROVs from 2,500 pounds to 3,500 pounds. The bill
does not change any of the current equipment and operational requirements relating to ROVs.
The bill has an effective date of 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 identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Additional ROVs may be eligible to be titled in Florida.
12
Nikola Motor, NZT, https://nikolamotor.com/nzt (last visited January 5, 2022); Lucas Cooney, 590-Horsepower Electric
Nikola NZT Specs, ATV.com, https://www.atv.com/manufacturer/nikola/590-horsepower-electric-nikola-nzt-specs (last
visited January 5, 2022).
13
Lexus Unveils Hydrogen-Engined ROV Concept, Green Car Congress,
https://www.greencarcongress.com/2021/12/20211204-lexusrov.html (last visited January 5, 2022). BILL: SB 474 Page 4
C. Government Sector Impact:
If additional ROVs are titled in Florida, the DHSMV, tax collectors, and the Incidental
Trust Fund of the Florida Forest Service of the DACS may see an indeterminate increase
in revenue.
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.