CS/HB 949 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to operation of a golf cart; amending 2
s. 316.212, F.S.; prohibiting a person from operating 3
a golf cart on certain roadways unless he or she 4
possesses a valid learner's driver license or valid 5
driver license; removing the authority of a local 6
governmental entity to enact a specified ordinance; 7
providing a penalty; amending s. 316.2125, F.S.; 8
removing the authority of a local governmental entity 9
to enact a specified ordinance; amending ss. 316.2126 10
and 322.04, F.S.; conforming provisions to changes 11
made by the act; providing an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
15
Section 1. Subsections (7) and (8) o f section 316.212, 16
Florida Statutes, are amended, and subsection (9) of that 17
section is republished, to read: 18
316.212 Operation of golf carts on certain roadways. —The 19
operation of a golf cart upon the public roads or streets of 20
this state is prohibited e xcept as provided herein: 21
(7) A golf cart may not be operated on public roads or 22
streets by a any person who does not possess a valid learner's 23
driver license or valid driver license under the age of 14. 24
(8) A local governmental entity may enact an ord inance 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
relating to: 26
(a) Golf cart operation and equipment which is more 27
restrictive than those enumerated in this section. Upon 28
enactment of such ordinance, the local governmental entity shall 29
post appropriate signs or otherwise inform the residents that 30
such an ordinance exists and that it will be enforced within the 31
local government's jurisdictional territory. An ordinance 32
referred to in this section must apply only to an unlicensed 33
driver. 34
(b) golf cart operation on sidewalks adjacent to specific 35
segments of municipal streets, county roads, or state highways 36
within the jurisdictional territory of the local governmental 37
entity if: 38
(a)1. The local governmental entity determines, after 39
considering the condition and current use of the sidewalks, the 40
character of the surrounding community, and the locations of 41
authorized golf cart crossings, that golf carts, bicycles, and 42
pedestrians may safely share the sidewalk; 43
(b)2. The local governmental entity consults with the 44
Department of Transportation before adopting the ordinance; 45
(c)3. The ordinance restricts golf carts to a maximum 46
speed of 15 miles per hour and permits such use on sidewalks 47
adjacent to state highways only if the sidewalks are at least 8 48
feet wide; 49
(d)4. The ordinance requires the golf carts to meet the 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
equipment requirements in subsection (6). However, the ordinance 51
may require additional equipment, including horns or other 52
warning devices required by s. 316.271; and 53
(e)5. The local governmental entity posts appropriate 54
signs or otherwise informs residents that the ordinance exists 55
and applies to such sidewalks. 56
(9) A violation of this section is a noncriminal traffic 57
infraction, punishable pursuant to chapter 318 as a moving 58
violation for infractions of subsections (1) -(5) or a local 59
ordinance corresponding thereto and enacted pursuant to 60
subsection (8), or punishable pursuant to chapter 318 as a 61
nonmoving violation for infractions of subsection (6), 62
subsection (7), or a local ordinance corresponding thereto and 63
enacted pursuant to s ubsection (8). 64
Section 2. Subsection (3) of section 316.2125, Florida 65
Statutes, is amended to read: 66
316.2125 Operation of golf carts within a retirement 67
community.— 68
(3) A local governmental entity may enact an ordinance 69
regarding golf cart operation and equipment which is more 70
restrictive than those enumerated in this section. Upon 71
enactment of any such ordinance, the local governmental entity 72
shall post appropriate signs or otherwise inform the residents 73
that such an ordinance exists and that it shall be enforced 74
within the local government's jurisdictional territory. An 75
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ordinance referred to in this section must apply only to an 76
unlicensed driver. 77
Section 3. Paragraphs (a) and (b) of subsection (1) of 78
section 316.2126, Florida Statutes, are amended to read: 79
316.2126 Authorized use of golf carts, low -speed vehicles, 80
and utility vehicles. — 81
(1) In addition to the powers granted by ss. 316.212 and 82
316.2125, municipalities are authorized to use golf carts and 83
utility vehicles, as defined in s. 320.01, upon any state, 84
county, or municipal roads located within the corporate limits 85
of such municipalities, subject to the following conditions: 86
(a) Golf carts and utili ty vehicles must comply with the 87
operational and safety requirements in ss. 316.212 and 316.2125 , 88
and with any more restrictive ordinances enacted by the local 89
governmental entity pursuant to s. 316.212(8), and shall be 90
operated only by municipal employees for municipal purposes, 91
including, but not limited to, police patrol, traffic 92
enforcement, and inspection of public facilities. 93
(b) In addition to the safety equipment required in s. 94
316.212(6) and any more restrictive safety equipment required by 95
the local governmental entity pursuant to s. 316.212(8) , such 96
golf carts and utility vehicles must be equipped with sufficient 97
lighting and turn signal equipment. 98
Section 4. Paragraph (e) of subsection (1) of section 99
322.04, Florida Statutes, is amended to read: 100
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322.04 Persons exempt from obtaining driver license. — 101
(1) The following persons are exempt from obtaining a 102
driver license: 103
(e) Any person operating a golf cart, as defined in s. 104
320.01, which is operated in accordance with the provisions of 105
s. 316.212. 106
Section 5. This act shall take effect July 1, 2023. 107