CS/CS/HB 949 2023 CODING: Words stricken are deletions; words underlined are additions. hb0949-02-c2 Page 1 of 6 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.; 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. βThe 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 CS/CS/HB 949 2023 CODING: Words stricken are deletions; words underlined are additions. hb0949-02-c2 Page 2 of 6 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 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 CS/CS/HB 949 2023 CODING: Words stricken are deletions; words underlined are additions. hb0949-02-c2 Page 3 of 6 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 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 CS/CS/HB 949 2023 CODING: Words stricken are deletions; words underlined are additions. hb0949-02-c2 Page 4 of 6 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 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 CS/CS/HB 949 2023 CODING: Words stricken are deletions; words underlined are additions. hb0949-02-c2 Page 5 of 6 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 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 CS/CS/HB 949 2023 CODING: Words stricken are deletions; words underlined are additions. hb0949-02-c2 Page 6 of 6 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 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