ATV Florida Forum

Just returned from the Seminar. Lots of good information. One of the most dramatic things is Senate Bill 1742 which appears that will have been passed by everyone this Friday..It directly addresses several Ohv issues...here is link....


http://www.flsenate.gov/session/index.cfm?BI_Mode=ViewBillInfo&Mode=Bills&SubMenu=1&Year=2006&billnum=1742

Also lots of information about Ocala National Forest, and the changes, Grizzlybear will be coming on with all that info. since he was there and is one of the volunteer Trail Rangers.

Can someone translate that into English?

Here is bulk of it....or try this other link at bottom.   


    261.10  Criteria for recreation areas and trails;

20  limitation on liability.--

21         (1)  Publicly owned or operated off-highway vehicle

22  recreation areas and trails shall be designated and maintained

23  for recreational travel by off-highway vehicles. These areas

24  and trails need not be generally suitable or maintained for

25  normal travel by conventional two-wheel-drive vehicles and

26  should not be designated as recreational footpaths. State

27  off-highway vehicle recreation areas and trails must be

28  selected and managed in accordance with this chapter.

29         (2)  State agencies, water management districts,

30  counties, and municipalities, and officers and employees

31  thereof, which provide off-highway recreation areas and trails

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 1742
    593-2419-06




 1  on publicly owned land are not liable for damage to personal

 2  property or personal injury or death to any person resulting

 3  from participation in the inherently dangerous risks of

 4  off-highway vehicle recreation. This subsection does not limit

 5  liability that would otherwise exist for an act of negligence

 6  by a state agency, water management district, county, or

 7  municipality, or officer or employee thereof, which is the

 8  proximate cause of the damage, injury, or death. Nothing in

 9  this subsection creates a duty of care or basis of liability

10  for death, personal injury, or damage to personal property,

11  nor shall anything in this subsection be deemed to be a waiver

12  of sovereign immunity under any circumstances.

13         Section 4.  Effective July 1, 2008, section 261.20,

14  Florida Statutes, is created to read:

15         261.20  Operations of off-highway vehicles on public

16  lands; restrictions; safety courses; required equipment;

17  prohibited acts; penalties.--

18         (1)  This section applies only to the operation of

19  off-highway vehicles on public lands.

20         (2)  Any person operating an off-highway vehicle as

21  permitted in this section who has not attained 16 years of age

22  must be supervised by an adult while operating the off-highway

23  vehicle.

24         (3)  Effective July 1, 2008, while operating an

25  off-highway vehicle, a person who has not attained 16 years of

26  age must have in his or her possession a certificate

27  evidencing the satisfactory completion of an approved

28  off-highway vehicle safety course in this state or another

29  jurisdiction. A nonresident who has not attained 16 years of

30  age and who is in this state temporarily for a period not to

31  exceed 30 days is exempt from this subsection. Nothing

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 1742
    593-2419-06




 1  contained in this chapter shall prohibit an agency from

 2  requiring additional safety-education courses for all

 3  operators.

 4         (4)(a)  The department shall approve all off-highway

 5  vehicle public safety-education programs required by this

 6  chapter as a condition for operating on public lands.

 7         (b)  An off-highway vehicle must be equipped with a

 8  spark arrester that is approved by the United States

 9  Department of Agriculture Forest Service, a braking system,

10  and a muffler, all in operating condition.

11         (c)  On and after July 1, 2008, off-highway vehicles,

12  when operating pursuant to this chapter, shall be equipped

13  with a silencer or other device which limits sound emissions.

14  Exhaust noise must not exceed 96 decibels in the A-weighting

15  scale for vehicles manufactured after January 1, 1986, or 99

16  decibels in the A-weighting scale for vehicles manufactured

17  before January 1, 1986, when measured from a distance of 20

18  inches using test procedures established by the Society of

19  Automotive Engineers under Standard J-1287. Off-highway

20  vehicle manufacturers or their agents prior to the sale to the

21  general public in this state of any new off-highway vehicle

22  model manufactured after January 1, 2008, shall provide to the

23  department revolutions-per-minute data needed to conduct the

24  J-1287 test, where applicable.

25         (d)  An off-highway vehicle that is operated between

26  sunset and sunrise, or when visibility is reduced because of

27  rain, smoke, or smog, must display a lighted headlamp and

28  taillamp unless the use of such lights is prohibited by other

29  laws, such as a prohibition on the use of lights when hunting

30  at night.

31 

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 1742
    593-2419-06




 1         (e)  An off-highway vehicle that is used in certain

 2  organized and sanctioned competitive events being held on a

 3  closed course may be exempted by departmental rule from any

 4  equipment requirement in this subsection.

 5         (5)  It is a violation of this section:

 6         (a)  To carry a passenger on an off-highway vehicle,

 7  unless the machine is specifically designed by the

 8  manufacturer to carry an operator and a single passenger.

 9         (b)  To operate an off-highway vehicle while under the

10  influence of alcohol, a controlled substance, or any

11  prescription or over-the-counter drug that impairs vision or

12  motor condition.

13         (c) For a person who has not attained 16 years of age,

14  to operate an off-highway vehicle without wearing eye

15  protection, over-the-ankle boots, and a safety helmet that is

16  approved by the United States Department of Transportation or

17  Snell Memorial Foundation.

18         (d)  To operate an off-highway vehicle in a careless or

19  reckless manner that endangers or causes injury or damage to

20  another person or property.

21         (6)  Any person who violates this section commits a

22  noncriminal infraction and is subject to a fine of not less

23  than $100, and may have his or her privilege to operate an ATV

24  on public lands revoked. However, a person who commits such

25  acts with intent to defraud, or who commits a second or

26  subsequent violation, is subject to a fine of not less than

27  $500 and may have his or her privilege to operate an ATV on

28  public lands revoked.

29         (7)  Public land managing agencies, through the course

30  of their management activities, are exempt from the provisions

31  of subsection (5)(a).

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 1742
    593-2419-06


http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb1742c2.html&Directory=session/2006/Senate/bills/billtext/html/


Thenscroll down to page 9 where it starts

I notice on lines 1-3 how they limit liability on public lands...when are they going to get their heads out of their a**s and limit liability on private land so private landowners are more receptive to opening tracks/trails...

It's not them it was the attorney's who oppsed that.. think about it.. ;) ;) ;) ;)

I just got back from the seminar also, there was alot of good things that came out of the symposium. Passing that Legislation is only one. Here is what I see. If we can organize ATVflorida.com into a C(3) non profit organization - that is going to mean everyone needs to pitch iin to help. There are grants out there to buy the land and make an ATV Park out of it. This is your change to stop conplainning and do somethiing about it. My point is you have to be organized as an entity before you will get reconinzed. The choice is yours.

I will give you all the help you need in starting the organization, it will not be a walk in the park, there will have to be alot of dedication on everyone's part.

Think about it. Your oppertunity is there, not only for land grants, but also to help maintain OHV parks in the state of Florida. I think it is time to give back to the community.

IM IN

I appreciate the efforts and I am glad your in but it looks like someone else already has started this.

Thanks..

? When is new ohv law for state of florida pose be coming out?

I have print out 2002 ohv florida state law while back on scooter web site long time ago.I went look at 2003 ohv law for 03 on floirda state web site today and i print that out.

Thanks for giving info out there for web link to go to... :)

As of 2:00 PM today, the bill #1742 which is the transportation bill has been approved by both houses and awaits the Governers signature.

you mean 1742 not 1782 right?