ATV Florida Forum

Does this new law go into effect today? If so is it legal to travel unpaved roads in Palm Beach county? I also heard for the commisioners to OPT OUT that there would need to be a public hearing....Any information would be helpful...

Especailly from PB Deputy.

Thank's

yeah does it go into effect today cause i wanan go ridin now

Is there a link for the law? This way if I get pulled over I can show it to them.... ;)

Collier, Lee, Hillsborough,Alachua and Polk have opted out of this.
Those are the ones I know of ,there might be others.

Havent heard of PBC opting out , call sheriff's office .
I would print a copy of that bill and carry in it in a ziplock bag , just in case. :-\

Yes it is OK.

I can tell you that just because you may have read it in your newspaper saying your county has opted out, does not mean that they have yet. In Levy county and Alachua county they have only asked the county attorney to draw up an ordinance to opt out and bring back to them to vote on. They still have not voted on it for sure yet. People need to call their commissioners and find out when they will be voting on the ordinance to opt out.

Your right ,Alachua is still on till further notice. Liability is the primary factor driving these counties to opt out.
Collier had a meeting this past wedsnesday and they opted out .

Too many counties in the state , its wise to check before riding.

I rode loxahatchee today and was suprised at the amount of teenagers running the roads at 50+ MPH with no helmet. This freedom will not last.

anyone hear about manatee county?

A little common sense wouldn't hurt now would it ? ? ? ?

They should get ticketed & quads impounded. It will always be a few idiots who ruin it for all. Any one here if PBC will have a public hearing to OPT OUT?

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.

(8)  "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.

what bout Brevard county?

I think you would have gotten more complaints until these people who complains knows that it is now legal. You probably had more atvers on the roads and when some people see them they just call (rather someone is violating the law or not) and complain. When you tell them it is now legal, they will not call as often.

I saw it last night on FOX13 news, they interviewed some people @ Croom.  Hernando, Pasco, and Citrus counties are going to opt out.  I dont think they are out yet, but are heading in that direction.  Alot of people at croom said they were gonna do it anyway  :D

Thats good news ATV DEP. I will print out what you wrote & keep a copy of it with my registartion in a zip lock  ;) for other deps who may not be aware. See ya out in the back roads! Thank's your imput is always appreciated!

Bushwacker 

Hey, since Marion County didn't opt out, registered atv's are the same as a registered vehicle on dirt roads under 35mph.  So does this mean we can now ride on the numbered roads in ONF with the sand rails and trucks?????

ONF is a national forest, not the same as any public road.

Best to check with a forestry official for the rules in the forest.

Went riding today in acreage, didn't even see a cop all day.

Roger that...It figures that now that it is legal we wont see any cops. I havnt seen one yet either but I ride lox...I think im gonna take a tour of the acreage tomorrow. I ride a green kodiak with a black and silver motocross looking helmet and goggles.

Were a family of Prairies 2-700 & 360 greens we will be out touring the back roads off the whoops this week hehehe!  ;)

I might head out to 59th tommorow for a little bit in the afternoon. We ride what's in my sig, I'll be the one on the Red Rancher in the middle of the pic.

Figures, I sell the four wheelers and the law passes! doh!!!!!!

Just have to speed up the buggy project.

Good to hear, guys PLEASE, PLEASE keep it safe.  We all represent each other.  Wear your helmets !!!

Does this mean I can go to Daytona and ride my quad on the beach strip?Or Fernandina Bch.?
  How bout the Gandy bridge?I rode there a couple of times and got run off.I'd love to be able to ride on the beach again.

We do have an ATV that we ride around the acreage / Loxahatchee and I am glad to hear of this law. But I was wondering, is it legal to ride golf carts? I know, a little off subject, but if ATV's are legal shouldn't golf carts be? Does anyone know the law on these?

I don't know if golf carts or UTVs are considered in this law. Someone with more knowledge could tell us. Deffinately had some fun yesterday, good that we didn't have to worry so much about cops. What do you ride Tgal?

HeyThere Girl friend!!! ;D
When are we riding again?  I miss you guys!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
We may heve take a drive out and say HEY :P  I'll bring the rum  ;)

omg.

There should be a group ride in the acreage. Who would be interested?

 ::)

Group ride sounds great, count me in. Just give me the when and where.

Ill group ride, and my dad will too!

We should set up a ride to ride out the back of 60th & out to the L 8 canal . . .

You mean 59th, the sugar sand road? I don't think the maintenance road or whatever the heck you'd call that next to 60th really counts as a dirt road. We might be out there later today, not sure though. I'd really like to go for a ride today, nice and cool out.

did this law pass in boca raton????

Yes....Boca is in PB County...please make sure you READ the law ::) There is a speed limit and it's only on dirt roads.

Had an awesome time riding around yesterday. :) Heads up to anyone listening that this was a great idea and should be kept up.