Florida 2023 2023 Regular Session

Florida House Bill H0949 Comm Sub / Bill

Filed 03/30/2023

                       
 
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A bill to be entitled 1 
An act relating to operation of a golf cart; amending 2 
s. 316.212, F.S.; authorizing a water control district 3 
to designate certain roads for use by golf carts; 4 
requiring county approval before making such a 5 
designation; prohibiting a person from operating a 6 
golf cart on certain roadways unless he or she 7 
possesses a valid learner's driver license or valid 8 
driver license; removing the authority of a local 9 
governmental entity to enact a specified ordinance; 10 
providing a penalty; amending s. 316.2125, F.S.; 11 
removing the authority of a local governmental entity 12 
to enact a specified ordinance; amending ss. 316.2126 13 
and 322.04, F.S.; conforming provisions to changes 14 
made by the act; providing an effective date. 15 
 16 
Be It Enacted by the Legislature of the State of Florida: 17 
 18 
 Section 1.  Subsections (1), (7), and (8) of section 19 
316.212, Florida Statutes, are amended, and subsection (9) of 20 
that section is republished, to r ead: 21 
 316.212  Operation of golf carts on certain roadways. β€”The 22 
operation of a golf cart upon the public roads or streets of 23 
this state is prohibited except as provided herein: 24 
 (1)  A golf cart may be operated only upon a county road 25     
 
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that has been designa ted by a county, a municipal street that 26 
has been designated by a municipality, or a two-lane county road 27 
located within the jurisdiction of a municipality designated by 28 
that municipality, or a road that is owned and maintained by a 29 
water control district and has been designated by that water 30 
control district, for use by golf carts. Before Prior to making 31 
such a designation, the responsible local governmental entity 32 
must first determine that golf carts may safely travel on or 33 
cross the public road or street , considering factors including 34 
the speed, volume, and character of motor vehicle traffic using 35 
the road or street, and if such designation is to be made by a 36 
water control district, the district must also receive approval 37 
from the county in which the road to be designated is located . 38 
Upon a determination that golf carts may be safely operated on a 39 
designated road or street, the responsible governmental entity 40 
shall post appropriate signs to indicate that such operation is 41 
allowed. 42 
 (7)  A golf cart may not be operated on public roads or 43 
streets by a any person who does not possess a valid learner's 44 
driver license or valid driver license under the age of 14. 45 
 (8)  A local governmental entity may enact an ordinance 46 
relating to: 47 
 (a)  Golf cart operation and e quipment which is more 48 
restrictive than those enumerated in this section. Upon 49 
enactment of such ordinance, the local governmental entity shall 50     
 
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post appropriate signs or otherwise inform the residents that 51 
such an ordinance exists and that it will be enfor ced within the 52 
local government's jurisdictional territory. An ordinance 53 
referred to in this section must apply only to an unlicensed 54 
driver. 55 
 (b) golf cart operation on sidewalks adjacent to specific 56 
segments of municipal streets, county roads, or state highways 57 
within the jurisdictional territory of the local governmental 58 
entity if: 59 
 (a)1. The local governmental entity determines, after 60 
considering the condition and current use of the sidewalks, the 61 
character of the surrounding community, and the locati ons of 62 
authorized golf cart crossings, that golf carts, bicycles, and 63 
pedestrians may safely share the sidewalk; 64 
 (b)2. The local governmental entity consults with the 65 
Department of Transportation before adopting the ordinance; 66 
 (c)3. The ordinance restricts golf carts to a maximum 67 
speed of 15 miles per hour and permits such use on sidewalks 68 
adjacent to state highways only if the sidewalks are at least 8 69 
feet wide; 70 
 (d)4. The ordinance requires the golf carts to meet the 71 
equipment requirements in subsect ion (6). However, the ordinance 72 
may require additional equipment, including horns or other 73 
warning devices required by s. 316.271; and 74 
 (e)5. The local governmental entity posts appropriate 75     
 
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signs or otherwise informs residents that the ordinance exists 76 
and applies to such sidewalks. 77 
 (9)  A violation of this section is a noncriminal traffic 78 
infraction, punishable pursuant to chapter 318 as a moving 79 
violation for infractions of subsections (1) -(5) or a local 80 
ordinance corresponding thereto and enacted pursuant to 81 
subsection (8), or punishable pursuant to chapter 318 as a 82 
nonmoving violation for infractions of subsection (6), 83 
subsection (7), or a local ordinance corresponding thereto and 84 
enacted pursuant to subsection (8). 85 
 Section 2.  Subsection (3) o f section 316.2125, Florida 86 
Statutes, is amended to read: 87 
 316.2125  Operation of golf carts within a retirement 88 
community.β€” 89 
 (3)  A local governmental entity may enact an ordinance 90 
regarding golf cart operation and equipment which is more 91 
restrictive than those enumerated in this section. Upon 92 
enactment of any such ordinance, the local governmental entity 93 
shall post appropriate signs or otherwise inform the residents 94 
that such an ordinance exists and that it shall be enforced 95 
within the local government's jurisdictional territory. An 96 
ordinance referred to in this section must apply only to an 97 
unlicensed driver. 98 
 Section 3.  Paragraphs (a) and (b) of subsection (1) of 99 
section 316.2126, Florida Statutes, are amended to read: 100     
 
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 316.2126  Authorized use of gol f carts, low-speed vehicles, 101 
and utility vehicles. β€” 102 
 (1)  In addition to the powers granted by ss. 316.212 and 103 
316.2125, municipalities are authorized to use golf carts and 104 
utility vehicles, as defined in s. 320.01, upon any state, 105 
county, or municipal roa ds located within the corporate limits 106 
of such municipalities, subject to the following conditions: 107 
 (a)  Golf carts and utility vehicles must comply with the 108 
operational and safety requirements in ss. 316.212 and 316.2125 , 109 
and with any more restrictive or dinances enacted by the local 110 
governmental entity pursuant to s. 316.212(8), and shall be 111 
operated only by municipal employees for municipal purposes, 112 
including, but not limited to, police patrol, traffic 113 
enforcement, and inspection of public facilities. 114 
 (b)  In addition to the safety equipment required in s. 115 
316.212(6) and any more restrictive safety equipment required by 116 
the local governmental entity pursuant to s. 316.212(8) , such 117 
golf carts and utility vehicles must be equipped with sufficient 118 
lighting and turn signal equipment. 119 
 Section 4.  Paragraph (e) of subsection (1) of section 120 
322.04, Florida Statutes, is amended to read: 121 
 322.04  Persons exempt from obtaining driver license. β€” 122 
 (1)  The following persons are exempt from obtaining a 123 
driver license: 124 
 (e)  Any person operating a golf cart, as defined in s. 125     
 
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320.01, which is operated in accordance with the provisions of 126 
s. 316.212. 127 
 Section 5.  This act shall take effect July 1, 2023. 128