I didn't want to jinx this, so I waited until Oct 1. Yes, in PBC, it is legal to ride on unpaved / dirt public roadways that are posted less than 35 mph. The ATV must be registered and the operator must have a driver's license and proof of ownership/registration. An unlicensed minor must be under the supervision of a licensed driver. Those under 16 must use a helmet/eye protection. I recommend that for everyone!!! We did receive alot of complaints today regarding reckless riding and speeding. As of 10pm, I didn't hear anything on the radio about crashes, so that's good news. Just remember, the rules of the road have to be followed...If the speeding and reckless complaints continue at the rate they did today, this won't last long. We need to get the word out so the county doesn't opt out. Below is the new law.....
316.2123 Operation of an ATV on certain roadways.--
(1) The operation of an ATV, as defined in s. 317.0003, upon the public roads or streets of this state is prohibited, except that an ATV may be operated during the daytime on an unpaved roadway where the posted speed limit is less than 35 miles per hour by a licensed driver or by a minor under the supervision of a licensed driver. The operator must provide proof of ownership pursuant to chapter 317 upon request by a law enforcement officer.
(2) A county is exempt from this section if the governing body of the county, by majority vote, following a noticed public hearing, votes to exempt the county from this section.
History.--s. 14, ch. 2006-290.
OHV TITLING LAW
317.0002 Legislative intent.--It is the intent of the Legislature that all off-highway vehicles purchased after the effective date of this act and all off-highway vehicles operated on public lands be titled and issued a certificate of title to allow for easy determination of ownership.
History.--s. 56, ch. 2002-295.
317.0003 Definitions.--As used in this chapter, the term:
(1) "ATV" means any motorized off-highway or all-terrain vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator and with no passenger.
(2) "Dealer" means any person authorized by the Department of Revenue to buy, sell, resell, or otherwise distribute off-highway vehicles. Such person must have a valid sales tax certificate of registration issued by the Department of Revenue and a valid commercial or occupational license required by any county, municipality, or political subdivision of the state in which the person operates.
(3) "Department" means the Department of Highway Safety and Motor Vehicles.
(4) "Florida resident" means a person who has had a principal place of domicile in this state for a period of more than 6 consecutive months, who has registered to vote in this state, who has made a statement of domicile pursuant to s. 222.17, or who has filed for homestead tax exemption on property in this state.
(5) "OHM" or "off-highway motorcycle" means any motor vehicle used off the roads or highways of this state that has a seat or saddle for the use of the rider and is designed to travel with not more than two wheels in contact with the ground, but excludes a tractor or a moped.
(6) "Off-highway vehicle" means any ATV, two-rider ATV, or OHM that is used off the roads or highways of this state and that is not registered and licensed for highway use pursuant to chapter 320.
(7) "Owner" means a person, other than a lienholder, having the property in or title to an off-highway vehicle, including a person entitled to the use or possession of an off-highway vehicle subject to an interest held by another person, reserved or created by agreement and securing payment of performance of an obligation, but the term excludes a lessee under a lease not intended as security.
(
"Public lands" means lands within the state that are available for public use and that are owned, operated, or managed by a federal, state, county, or municipal governmental entity.
(9) "Two-rider ATV" means any ATV that is specifically designed by the manufacturer for a single operator and one passenger.
History.--s. 57, ch. 2002-295; s. 43, ch. 2005-164
317.0018 Transfer without delivery of certificate; operation or use without certificate; failure to surrender; other violations.--Except as otherwise provided in this chapter, any person who:
(1) Purports to sell or transfer an off-highway vehicle without delivering to the purchaser or transferee of the vehicle a certificate of title to the vehicle duly assigned to the purchaser as provided in this chapter;
(2) Operates or uses in this state an off-highway vehicle for which a certificate of title is required without the certificate having been obtained in accordance with this chapter, or upon which the certificate of title has been canceled;
(3) Fails to surrender a certificate of title upon cancellation of the certificate by the department and notice thereof as prescribed in this chapter;
(4) Fails to surrender the certificate of title to the department as provided in this chapter in the case of the destruction, dismantling, or change of an off-highway vehicle in such respect that it is not the off-highway vehicle described in the certificate of title; or
(5) Violates any other provision of this chapter or a lawful rule adopted pursuant to this chapter;
shall be fined not more than $500 or imprisoned for not more than 6 months, or both, for each offense, unless otherwise specified.
History.--s. 56, ch. 2005-164.
