The Florida Senate COMMITTEE MEETING EXPANDED AGENDA...section 21 of ch. 2010 -223, Laws of Florida, and s. 320.08053(1), F .S. The license plate does however, have to be approved

S-036 (10/2008) 10102013.1420 Page 1 of 1

2014 Regular Session The Florida Senate

COMMITTEE MEETING EXPANDED AGENDA

TRANSPORTATION

Senator Brandes, Chair

Senator Margolis, Vice Chair

MEETING DATE: Wednesday, October 9, 2013

TIME: 4:00 —6:00 p.m. PLACE: Mallory Horne Committee Room, 37 Senate Office Building

MEMBERS: Senator Brandes, Chair; Senator Margolis, Vice Chair; Senators Clemens, Diaz de la Portilla, Evers, Garcia, Joyner, Lee, Richter, and Thompson

TAB BILL NO. and INTRODUCER BILL DESCRIPTION and

SENATE COMMITTEE ACTIONS COMMITTEE ACTION

1

SB 132

Latvala (Identical H 65)

Specialty License Plates; Creating a Fallen Law Enforcement Officers license plate; establishing an annual use fee for the plate; providing for the distribution of use fees received from the sale of such plates, etc. TR 10/09/2013 Favorable RC ATD AP

Favorable Yeas 9 Nays 0

2

SB 156

Negron (Identical H 61)

Motor Vehicle License Taxes; Reducing the service charge imposed on an application for an original or duplicate license plate, or transfer of specified registration stickers or certificates; reducing a fee collected for a motor vehicle registration; reducing surcharges imposed on a license tax; reenacting and amending provisions relating to special vehicle license plates for the Governor and federal and state legislators, etc. TR 10/09/2013 Favorable ATD AP

Favorable Yeas 9 Nays 0

3

SB 166

Brandes

Neighborhood Vehicles; Authorizing the operation of a neighborhood vehicle on certain roads with certain restrictions; providing that a neighborhood vehicle is subject to the same license tax as an electric vehicle or a low-speed vehicle; requiring the Department of Highway Safety and Motor Vehicles to issue a license plate for a neighborhood vehicle upon payment of certain fees and taxes; requiring the department to issue a decal to the owner or lessee of a registered low-speed vehicle or neighborhood vehicle; requiring that the decal be clearly displayed, etc. TR 10/09/2013 Temporarily Postponed CA RC

Temporarily Postponed

Other Related Meeting Documents

The Florida Senate

BILL ANALYSIS AND FISCAL IMPACT STATEMENT (This document is based on the provisions contained in the legislation as of the latest date listed below.)

Prepared By: The Professional Staff of the Committee on Transportation

BILL: SB 132

INTRODUCER: Senator Latvala

SUBJECT: Specialty License Plates

DATE: September 13,

2013

ANALYST STAFF DIRECTOR REFERENCE ACTION

1. Everette Eichin TR Favorable

2. RC

3. ATD

4. AP

5.

6.

I. Summary:

Senate Bill 132 creates the Fallen Law Enforcement Officers specialty license plate. The bill:

sets a $25 annual use fee for the plate;

allows the Department of Highway Safety and Motor Vehicles (department, DHSMV) to

develop the license plate, including colors and design;

requires that the word “Florida” must appear at the top of the plate and the words “A Hero

Remembered Never Dies” must appear at the bottom;

establishes that the annual use fee be distributed to the Police and Kids Foundation Inc., and

clarifies exemptions for the Fallen Law Enforcement Officers specialty license plate from the

current moratorium for the issuance of new specialty license plates, the $60,000 application

fee which defrays the cost for developing the plate, from providing a marketing strategy

outline, but maintaining the 1,000 pre-sale requirement of the plates.

This bill substantially amends sections 320.08056 and 320.08058 of the Florida Statutes:

II. Present Situation:

Specialty License Plates Specialty license plates are available to any owner or lessee of a motor vehicle who is willing to

pay an annual use fee for the privilege. Annual use fees ranging from $15 to $25, paid in addition

to required license taxes and service fees, are distributed to an organization in support of a

particular cause or charity signified in the plate’s design and designated in statute. The

REVISED:

BILL: SB 132 Page 2

Legislature may create a specialty license plate under its own initiative or it can do so at the

request of an organization.

The sponsoring organization wishing to receive a specialty license plate is required to comply

with the requirements of s. 320.0853, F.S., which include:

describing the proposed specialty license, and submit a sample plate that conforms to the

specifications set by the department;

paying the $60,000 processing fee which defrays the department’s cost for reviewing the

application and developing the specialty license plate, if authorized; and

providing a marketing strategy outlining short-term and long-term marketing plans and a

projected financial analysis outlining the anticipated and planned revenues from the sale of

the requested specialty license plate.

The approved specialty license plate organization must presell a minimum of 1,000 vouchers

within 24 months before the department can begin manufacturing the specialty license plate. If,

at the end of the 24-month presale period, the minimum sales requirements have not been met,

the department will de-authorize the specialty plate, discontinue development, and discontinue

issuance of the presale voucher.

Currently, there is a moratorium on the issuance of new specialty license plates. Section 45, Ch.

2008-176, L.O.F., as amended by s. 21, Ch. 2010-223, L.O.F., provides that “[e]except for a

specialty license plate proposal which has submitted a letter of intent to the Department of

Highway Safety and Motor Vehicles prior to May 2, 2008, and which has submitted a valid

survey, marketing strategy, and application fee as required by s. 320.08053, F. S., prior to

October 1, 2008, or which was included in a bill filed during the 2008 Legislative Session, the

Department of Highway Safety and Motor Vehicles may not issue any new specialty license

plates pursuant to ss. 320.08056 and 320.08058, F.S., between July 1, 2008, and July 1, 2014.”

Fallen Law Enforcement Officers On average, one law enforcement officer is killed in the line of duty somewhere in the United

States every 57 hours. Since the first known line-of-duty death in 1791, more than 19,000 U.S.

law enforcement officers have made the ultimate sacrifice.1 The Memorial Fund serves as a

nationwide clearinghouse of information and statistics on law enforcement line-of-duty deaths.2

Police and Kids Foundation, Inc. The Police and Kids Foundation, Inc.,3 is a non-profit 501(C) 3 charity, set up with two

objectives: helping children in need, and creating the yearly scholarship to at least one senior

student at Pinellas Park High School Criminal Justice Academy.

The Police and Kids Foundation, Inc., generate funding to assist children in and around the

Tampa Bay community. Local police officers provide assistance of food, infant supplies,

clothing, and any other measures necessary to stabilize a situation and improve a child’s life.

1 http://www.nleomf.org/facts/ (last visited 9/27/2013) 2 Id 3 http://www.policeandkids.com/about/ (last visited 9/27/2013)

BILL: SB 132 Page 3

III. Effect of Proposed Changes:

The bill provides that the department shall develop the Fallen Law Enforcement Officers

specialty license plate, notwithstanding section 45 of 2008-176, Laws of Florida, as amended by

section 21 of ch. 2010-223, Laws of Florida, and s. 320.08053(1), F.S. The license plate does

however, have to be approved by the department and meet the presell requirements of

subsections 2 and 3 of the bill. The organization has 24 months after departmental approval to

presell 1,000 vouchers. In developing the Fallen Law Enforcement Officers specialty license

plate, the department must approve the colors and design; the word “Florida” must appear at the

top of the plate, and the words “a Hero Remembered Never Dies” at the bottom of the plate.

Drivers can purchase the specialty plate upon payment of the appropriate license taxes and fees

and the $25 annual use fee.

Additionally, the bill allows that a maximum of 10 percent of the use fee proceeds collected from

the sale of the Fallen Law Enforcement Officers specialty license plates be distributed to the

Police and Kids Foundation, Inc., and may be used to promote and market the plate. The

remainder of the proceeds received by the Police and Kids Foundation, Inc., may be used for

operational purposes.

The bill has an effective date of October 1, 2014.

IV. Constitutional Issues:

A. Municipality/County Mandates Restrictions:

None.

B. Public Records/Open Meetings Issues:

None.

C. Trust Funds Restrictions:

None.

V. Fiscal Impact Statement:

A. Tax/Fee Issues:

None.

B. Private Sector Impact:

Persons who purchase the Fallen Law Enforcement Officers specialty license plate will

pay the $25 annual use fee.

BILL: SB 132 Page 4

C. Government Sector Impact:

The department’s Information Systems Administration Office will require approximately

88 hours of non-recurring programming in order to develop, design, manufacture,

distribute the specialty license plate, and implement the provisions of this bill.

The department is not anticipating any additional appropriation to implement the

specialty license plate.

VI. Technical Deficiencies:

None.

VII. Related Issues:

None.

VIII. Additional Information:

A. Committee Substitute – Statement of Substantial Changes: (Summarizing differences between the Committee Substitute and the prior version of the bill.)

None.

B. Amendments:

None.

This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.

Florida Senate - 2014 SB 132

By Senator Latvala

20-00004A-14 2014132__

Page 1 of 2

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

A bill to be entitled 1

An act relating to specialty license plates; amending 2

ss. 320.08056 and 320.08058, F.S.; creating a Fallen 3

Law Enforcement Officers license plate; establishing 4

an annual use fee for the plate; providing for the 5

distribution of use fees received from the sale of 6

such plates; providing an effective date. 7

8

Be It Enacted by the Legislature of the State of Florida: 9

10

Section 1. Paragraph (eeee) is added to subsection (4) of 11

section 320.08056, Florida Statutes, to read: 12

320.08056 Specialty license plates.— 13

(4) The following license plate annual use fees shall be 14

collected for the appropriate specialty license plates: 15

(eeee) Fallen Law Enforcement Officers license plate, $25. 16

Section 2. Subsection (83) is added to section 320.08058, 17

Florida Statutes, to read: 18

320.08058 Specialty license plates.— 19

(83) FALLEN LAW ENFORCEMENT OFFICERS LICENSE PLATES.— 20

(a) Notwithstanding s. 45, chapter 2008-176, Laws of 21

Florida, as amended by s. 21, chapter 2010-223, Laws of Florida, 22

and s. 320.08053(1), the department shall develop a Fallen Law 23

Enforcement Officers license plate as provided in s. 24

320.08053(2) and (3) and this section. The plates must bear the 25

colors and design approved by the department. The word “Florida” 26

must appear at the top of the plate, and the words “A Hero 27

Remembered Never Dies” must appear at the bottom of the plate. 28

(b) The annual use fees shall be distributed to the Police 29


20-00004A-14 2014132__

Page 2 of 2


and Kids Foundation, Inc., which may use a maximum of 10 percent 30

of the proceeds to promote and market the plate. The remainder 31

of the proceeds shall be used by the Police and Kids Foundation, 32

Inc., to invest and reinvest, and the interest earnings shall be 33

used for the operation of the Police and Kids Foundation, Inc. 34

Section 3. This act shall take effect October 1, 2014. 35


COMMITTEE VOTE RECORD

COMMITTEE: Transportation ITEM: SB 132

FINAL ACTION: Favorable


TIME: 4:00 —6:00 p.m. PLACE: 37 Senate Office Building

CODES: FAV=Favorable RCS=Replaced by Committee Substitute TP=Temporarily Postponed WD=Withdrawn

UNF=Unfavorable RE=Replaced by Engrossed Amendment VA=Vote After Roll Call OO=Out of Order -R=Reconsidered RS=Replaced by Substitute Amendment VC=Vote Change After Roll Call AV=Abstain from Voting

REPORTING INSTRUCTION: Publish S-010 (10/10/09) 10102013.1419 Page 1 of 1

FINAL VOTE

Yea Nay SENATORS Yea Nay Yea Nay Yea Nay

X Clemens

X Diaz de la Portilla

X Evers

X Garcia

X Joyner

Lee

X Richter

X Thompson

X Margolis, VICE CHAIR

X Brandes, CHAIR

9 0 TOTALS

Yea Nay Yea Nay Yea Nay Yea Nay

The Florida Senate



BILL: SB 156

INTRODUCER: Senator Negron

SUBJECT: Motor Vehicle License Taxes

DATE: October 7, 2013


1. Everette Eichin TR Favorable

2. ATD

3. AP

4.

5.

6.

I. Summary:

Senate bill 156 reduces certain annual fees paid to register a motor vehicle. This bill will return

certain service charges and fees paid annually for a motor vehicle registration to the amount paid

prior to 2009. The fee reductions will result in an average savings of $12 annually per motor

vehicle registration.

The Revenue Estimating Conference has not reviewed the bill. However, the Department of

Highway Safety and Motor Vehicles estimates the proposed motor vehicle registration fees

reductions will decrease General Revenue by $181.9 million in Fiscal Year 2014-2015, with a

negative $233.1 million recurring impact to General Revenue. The motor vehicle fee reductions

are effective September 1, 2014.

This bill substantially amends sections: 320.04, 320.06, 320.0804 and 320.08046, F.S., and

reenacts and amends s. 320.0807(4), F.S., to incorporate the amendment made to s. 320.06, of

the Florida Statutes.


In 2009, the Legislature increased fees for annual motor vehicle registrations, along with other fees

related to the issuance of driver licenses, identification cards, driver license reinstatements, motor

vehicle titles, and driver records. The revenues received from the increased fees were deposited into

the General Revenue Fund.

REVISED: 10/09/13

BILL: SB 156 Page 2

Registration service charge

Currently, there is a service charge of $5 for each original, duplicate or transfer application for

any license plate, mobile home sticker, or validation sticker or with transfer or duplicate issuance

of any registration certificate. Of the $5 service charge, $2.50 is deposited into the General

Revenue Fund, and the remainder is retained by the department or by the tax collector, as the

case may be.

Also, $3 service charge is collected and payable to the department for the use of the vending

machines for the issuance of each license plate, validation sticker, vessel decal, and mobile home

sticker issued from automated vending facilities or printer dispenser machines. Of the $3

charged, $1 is used to provide automated vending facilities or printer dispenser machines, which

are used to dispense the stickers and decals by employees of tax collectors and license tag agents.

The remaining $2 is deposited into the General Revenue Fund.

In addition, tax collectors may impose a service charge of not more than 50 cents extra for

transactions specified in the above paragraphs, or any transaction specified in ss. 319.32(2)(a)1 or

328.48, F.S.,2 when the transaction occurs at any tax collector’s branch office.

Registration certificates, license plates, and validation stickers generally

An additional $1.50 is collected on each motor vehicle registration or motor vehicle renewal

registration issued in the state so that all license plates and validation stickers can be fully treated

with retroreflection material. $1 of the $1.50 collected is deposited into the General Revenue

Fund and 50 cents deposited into the Highway Safety Operating Trust Fund.

Surcharge on license; trust funds

A surcharge of $4 is levied and imposed under s. 320.08, F.S.,3 except those set forth in s.

320.08(11), F.S.4, collected in the same manner as the license tax. Of this amount, $2 is

deposited into the General Revenue Fund, $1 deposited into the State Transportation Trust Fund,

and $1 deposited into the Highway Safety Operating Trust Fund.

Surcharge on license tax for Juvenile Programs

A surcharge of $5.50 is levied on each license tax imposed under s. 320.08, F.S., except those set

forth in s. 320.08(11), F.S.5 Of those surcharges, $4.50 is deposited into the General Revenue

Fund and $1 deposited into the Grants and Donations Trust Fund in the Department of Juvenile

Justice, and funds the juvenile justice partnership grants program.

Special license plates for Governor and federal and state legislators

The department may issue special license plates, respective of state-held offices to Members of

the House of Representatives of Congress, state House of Representatives and Senators, after

payment of fees prescribed in s. 320.0805, F.S.6 Within 30 days of leaving office, the official

makes application to the department for a replacement license plate, and he or she may return or

1 Original or duplicate certificate of title for motor vehicle 2 Registration fee for the issuance of duplicate or transfer of any certificate of title, except for motor vehicle for hire. 3 http://www.flsenate.gov/Laws/Statutes/2013/320.08, License Taxes 4 http://www.flsenate.gov/Laws/Statutes/2013/320.08, Mobile Homes 5 Id. 6 http://www.flsenate.gov/Laws/Statutes/2013/320.0805, Personalized prestige license plates

BILL: SB 156 Page 3

retain the plates as a souvenir. The person may no longer continue to display on any vehicle the

special/prestige license plate issued with respect to his or her former office.


This bill reduces a number of motor vehicle registration surcharges and fees that were increased

in 2009, after the 2008 economic recession, to provide recurring revenue to the General Revenue

Fund. The bill lowers certain surcharges and fees to the amount charged prior to the 2009

increases.

Section 1, amends s. 320.04,(a) and (b), F.S., reducing the imposed service charge from $5 to

$2.50 for each application handled in connection with issuance of original, duplicate or transfer

license plates, mobile home or validation stickers, or with transfer or duplicate issuance of

registration certificates. This service charge will continue to be retained by the department or tax

collectors, as the case may be.

This section also reduces an imposed service charge from $3 to $1 for the issuance of each

license plate validation sticker, vessel decal, and mobile home sticker issued from an automated

vending facility or printer dispenser machine by each tax collector’s or license tag agent

employee. (The proposed decrease lowers the fees to the amount of the fee prior to the 2009

increase in motor vehicle fees.)

Section 2, amends s. 320.06(3)(b), F.S., reducing an additional fee from $1.50 to 50 cents for

each motor vehicle registration or registration renewal for license plates and validation stickers

for retroreflection material. The fee will be deposited into the Highway Safety Operating Trust

Fund. (The proposed decrease lowers the fee to the amount of the fee prior to the 2009 increase

in motor vehicle fees.)

Section 3, amends s. 320.0804, F.S., reducing a surcharge from $4 to $2 on each license tax. $2

will be deposited equally into the State Transportation Trust Fund and the Highway Safety

Operating Trust Fund, thus, eliminating the $2 contribution to the General Revenue Fund

adopted in 2009. (The proposed decrease lowers the fee to the amount of the fee prior to the

2009 increase in motor vehicle fees.)

Section 4, amends s. 320.08046, F.S., reducing the service charge from $5.50 to $1 on each

license tax. The $1 service charge collected will continue to be deposited into the Grants and

Donations Trust Fund in the Department of Juvenile Justice. (The proposed decrease lowers the

fee to the amount of the fee prior to the 2009 increase in motor vehicle fees.)

Section 5, reenacts s. 320.0807, F.S., incorporating technical, non-substantive changes made to

amend s. 320.06, F.S, related to special license plates for elected officials.

The bill will take effective September 1, 2014.

BILL: SB 156 Page 4



None.


None.


None.


A. Tax/Fee Issues:

This bill decreases the following motor vehicle registration fees to the amount of the fee

prior to September 1, 2009.

Vehicle Registration Fees Current Fee New Fee

Registration Service Charge $5.00 $2.50

Validation Sticker Service Charge $3.00 $1.00

Retroflective Tag Sticker $1.50 $0.50

License Tax Surcharge (STTF) $4.00 $2.00

License Tax Surcharge (DJJ) $5.50 $1.00


Private motor vehicle owners will be assessed lower fees when making purchases related

to motor vehicle registrations. The average savings for an annual vehicle registration will

be $12.

BILL: SB 156 Page 5


The Department of Highway Safety and Motor Vehicles estimates impact to General

Revenue to be $181.9 million in Fiscal Year 2014-15 assuming a September 1, 2014

implementation. The recurring impact is negative $233.1 to the General Revenue Fund.

Department of Highway Safety and Motor Vehicles

Impact on General Revenue Only

Projected FY

2014-15

Revenue

Projected FY

2015-16

Revenue

Projected FY

2016-17

Revenue

Projected FY

2017-18

Revenue GR Registration Service fee -41,831,799 -54,618,840 -55,833,478 -56,919,867

Registration Receipt

fee/Decal -31,597,362 -41,538,501 42,458,896 -43,284,450

Material

Processing/Retroreflective

Fee

-14,724,969 -19,354,490 -19,783,495 -20,168,186

License Tax Surcharge –

Transportation Trust Fund -28,824,876 -37,926,477 -38,866,403 -39,780,269

License Tax Surcharge -64,951,278 -85,454,795 -87,572,606 -89,631,703 TOTAL -181,930,284 -238,893,103 -244,514,878 -249,784,475


None.


None.



None.

B. Amendments:

None.



By Senator Negron

32-00273B-14 2014156__

Page 1 of 4



An act relating to motor vehicle license taxes; 2

amending s. 320.04, F.S.; reducing the service charge 3

imposed on an application for an original or duplicate 4

license plate, or transfer of specified registration 5

stickers or certificates; amending s. 320.06, F.S.; 6

reducing a fee collected for a motor vehicle 7

registration; amending ss. 320.0804 and 320.08046, 8

F.S.; reducing surcharges imposed on a license tax; 9

reenacting and amending s. 320.0807(4), F.S., relating 10

to special vehicle license plates for the Governor and 11

federal and state legislators, to incorporate the 12

amendment made to s. 320.06, F.S., in a reference 13

thereto; providing an effective date. 14

15


17

Section 1. Subsection (1) of section 320.04, Florida 18

Statutes, is amended to read: 19

320.04 Registration service charge.— 20

(1)(a) There shall be A service charge of $2.50 shall be 21

imposed on $5 for each application that which is handled in 22

connection with original issuance, duplicate issuance, or 23

transfer of a any license plate, mobile home sticker, or 24

validation sticker or with transfer or duplicate issuance of a 25

any registration certificate. This service charge Of that 26

amount, $2.50 shall be deposited into the General Revenue Fund, 27

and the remainder shall be retained by the department or by the 28

tax collector, as the case may be, as other fees accruing to 29


32-00273B-14 2014156__

Page 2 of 4


those offices. 30

(b) There shall also be A service charge of $1 shall also 31

be imposed $3 for the issuance of each license plate validation 32

sticker, vessel decal, and mobile home sticker issued from an 33

automated vending facility or printer dispenser machine. This 34

service charge, which is payable to the department and. Of that 35

amount, $1 shall be used to provide for automated vending 36

facilities or printer dispenser machines that are used to 37

dispense such stickers and decals by each tax collector’s or 38

license tag agent’s employee. The remaining $2 shall be 39

deposited into the General Revenue Fund. 40

(c) The tax collector may impose an additional service 41

charge of up to not more than 50 cents on any transaction 42

specified in paragraph (a) or paragraph (b), or on any 43

transaction specified in s. 319.32(2)(a) or s. 328.48 if such 44

transaction occurs at a any tax collector’s branch office. 45

Section 2. Paragraph (b) of subsection (3) of section 46

320.06, Florida Statutes, is amended to read: 47

320.06 Registration certificates, license plates, and 48

validation stickers generally.— 49

(3) 50

(b) An additional fee of 50 cents $1.50 shall be collected 51

on each motor vehicle registration or motor vehicle renewal 52

registration issued in this state in order for all license 53

plates and validation stickers to be fully treated with 54

retroreflection material. The fee Of that amount, $1 shall be 55

deposited into the General Revenue Fund and 50 cents shall be 56

deposited into the Highway Safety Operating Trust Fund. 57

Section 3. Section 320.0804, Florida Statutes, is amended 58


32-00273B-14 2014156__

Page 3 of 4


to read: 59

320.0804 Surcharge on license tax; trust funds.—A surcharge 60

of $2 shall be There is hereby levied and imposed on each 61

license tax imposed under s. 320.08, except those set forth in 62

s. 320.08(11), a surcharge in the amount of $4, which shall be 63

collected in the same manner as the license tax. Of this amount, 64

$1 shall be deposited into the State Transportation Trust Fund, 65

and, $1 shall be deposited into the Highway Safety Operating 66

Trust Fund, and $2 shall be deposited into the General Revenue 67

Fund. 68


to read: 70

320.08046 Juvenile programs surcharge on license tax.—A 71

surcharge of $1 shall be imposed There is levied on each license 72

tax imposed under s. 320.08, except those set forth in s. 73

320.08(11), a surcharge in the amount of $5.50, which shall be 74

collected in the same manner as the license tax and. Of the 75

proceeds of each license tax surcharge, $4.50 shall be deposited 76

into the General Revenue Fund and $1 shall be deposited into the 77

Grants and Donations Trust Fund in the Department of Juvenile 78

Justice to fund the juvenile crime prevention programs and the 79

community juvenile justice partnership grants program. 80

Section 5. For the purpose of incorporating the amendment 81

made by this act to section 320.06, Florida Statutes, in a 82

reference thereto, subsection (4) of section 320.0807, Florida 83

Statutes, is reenacted and amended to read: 84

320.0807 Special license plates for Governor and federal 85

and state legislators.— 86

(4) License plates purchased under subsection (1), 87


32-00273B-14 2014156__

Page 4 of 4


subsection (2), or subsection (3) shall be replaced by the 88

department at no cost, other than the fees required under by ss. 89

320.04 and 320.06(3)(b), when the person to whom the plates have 90

been issued leaves the elective office with respect to which the 91

license plates were issued. Within 30 days after leaving office, 92

the person to whom the license plates have been issued must 93

apply shall make application to the department for a replacement 94

license plate. The person may return the prestige license plates 95

to the department or may retain the plates as souvenirs. Upon 96

receipt of the replacement license plate, the person may not 97

continue to display on any vehicle the prestige license plate or 98

plates issued with respect to his or her former office. 99

Section 6. This act shall take effect September 1, 2014. 100


COMMITTEE VOTE RECORD

COMMITTEE: Transportation ITEM: SB 156

FINAL ACTION: Favorable


TIME: 4:00 —6:00 p.m. PLACE: 37 Senate Office Building

CODES: FAV=Favorable RCS=Replaced by Committee Substitute TP=Temporarily Postponed WD=Withdrawn

UNF=Unfavorable RE=Replaced by Engrossed Amendment VA=Vote After Roll Call OO=Out of Order -R=Reconsidered RS=Replaced by Substitute Amendment VC=Vote Change After Roll Call AV=Abstain from Voting

REPORTING INSTRUCTION: Publish S-010 (10/10/09) 10102013.1418 Page 1 of 1

FINAL VOTE

Yea Nay SENATORS Yea Nay Yea Nay Yea Nay

X Clemens

X Diaz de la Portilla

X Evers

X Garcia

X Joyner

Lee

X Richter

X Thompson

X Margolis, VICE CHAIR

X Brandes, CHAIR

9 0 TOTALS

Yea Nay Yea Nay Yea Nay Yea Nay

The Florida Senate



BILL: SB 166

INTRODUCER: Senator Brandes

SUBJECT: Neighborhood Vehicles

DATE: October 3, 2013


1. Price Eichin TR Pre-meeting

2. CA

3. RC

4.

5.

6.

I. Summary:

SB 166 creates a new class of vehicle, “neighborhood vehicles” or NVs, and authorizes the

operation of such vehicles on certain roads with speed limits up to 45 miles per hour pursuant to

local ordinance. The bill:

provides requirements for enactment of a local ordinance and posting of signs;

authorizes a county, municipality, or the Florida Department of Transportation (FDOT)

to prohibit the operation of NVs on roads under their respective jurisdictions in the

interest of safety;

revises the definition of “low-speed vehicle” to delete a reference to “neighborhood

electric vehicles;”

creates the definition of “neighborhood vehicle” (which does not specify the vehicle’s

energy source) and requires such vehicles to comply with certain safety standards;

specifies the license tax for NVs;

requires the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to

issue license plates and decals for NVs;

requires display of such decals on the NVs; and

revises the definition of “recreational off-highway vehicle” to clarify that ROVs are not

NVs..

This bill amends the following sections of the Florida Statutes: 261.03, 316.2122, 317.0003,

320.01, 320.08001, and 320.0847.

REVISED:

BILL: SB 166 Page 2


Current federal and state law address certain types of vehicles in use on the public roadways

which do not resemble the “conventional” passenger car, such as golf carts and low-speed

vehicles (LSVs). While there are many types, LSVs often resemble golf carts cosmetically but

differ in that LSVs are manufactured and configured for street use. These vehicles may be

electrically or gasoline-powered. Neighborhood electric vehicles are a type of LSV.

Several manufacturers’ lines currently offer vehicles which are identical in outward appearance,

but can be configured as either an LSV or a golf cart. In many instances, the only difference

between the configurations is internal gearing which provides for a 20 miles per hour maximum

speed in the golf cart configuration and a 25 miles per hour maximum speed for the LSV model.

Other manufactured and modified vehicles identical or similar in outward appearance are capable

of exceeding 25 miles per hour, but current state law does not address such vehicles. Because of

the identical or similar appearance of the different types of vehicles, law enforcement officers are

unable to ascertain whether a vehicle is required to be registered. Owners may be unaware of the

need to title, register, and insure the vehicle, and unaware of the different allowable conditions

under which the vehicles may be operated.

Federal Law

Golf Carts and Low-Speed Vehicles/Application of Federal Motor Vehicle Safety Standards

“Motor vehicle” is defined in 49 U.S.C. 30102(6) as a vehicle driven or drawn by mechanical

power and manufactured primarily for use on public streets, roads, and highways, but does not

include a vehicle operated only on a rail line. Federal regulatory authority over “motor vehicles”

is granted to the National Highway Traffic Safety Administration (NHTSA) in 49 U.S.C. 301,

and all “motor vehicles” are subject to the Federal motor vehicle safety standards (FMVSSs)

promulgated by NHTSA pursuant to 49 U.S.C. 30111.1 “Conventional” passenger motor

vehicles are required to comply with the full range of FMVSSs, including, for example,

equipment such as air bags, to provide protection against passenger injury and death.

In a 1997 notice of proposed rulemaking, NHTSA explained its prior interpretations of this

definition of “motor vehicle” and indicated that “…vehicles such as golf carts have not been

regulated2 by NHTSA because they were not considered to be manufactured for use on the

public roads. Even when a vehicle is being used on the roads, NHTSA has not regulated if it had

an unusual configuration, and if it had a top speed of 20 mph or less.”3 Noting that the design

and use of these vehicles was evolving in previously unanticipated ways, NHTSA announced its

decision to review its historical interpretations.4

1 “Federal Motor Vehicle Safety Standards; Final Rule,” 63 Federal Register 116 (17 June 1998), pp. 33194 – 33217, at

33198. 2 That is, required to comply with the FMVSSs. 3 “Federal Motor Vehicle Safety Standards; Proposed Rule,” 62 Federal Register 62 (8 January 1997), pp. 1077 – 1086, at

1077. 4 Id.

BILL: SB 166 Page 3

In 1998, NHTSA promulgated a final rule, after receiving comments on its historical

interpretations, establishing a limited set of safety standards for LSVs intended for vehicles used

“to make short trips for shopping, social and recreational purposes primarily within retirement or

other planned communities with golf courses.”5 In its discussion, NHTSA explained its

determination to exclude conventional golf carts from application of the limited safety standards

and to limit application to LSVs:

“The crash forces that 20 to 25 mile-per-hour vehicles will experience are significantly

greater than those for 15 to 20 mile-per-hour golf cars and much greater than those for

sub-15 mile-per-hour golf cars. Those greater forces make it necessary to require that

LSVs be equipped with more safety features than the states and their local jurisdictions

currently require for conventional golf cars used on-road.”6

“Low-speed vehicle” is defined as a four-wheeled motor vehicle whose speed attainable in 1

mile is more than 20 miles per hour and not more than 25 miles per hour on a paved level surface

and whose gross vehicle weight rating (GVWR) is less than 3,000 pounds.7 Neighborhood

electric vehicles are a type or subset of LSV under federal rule.8 “The terms differ only in that

not all low speed vehicles are electric.” 9

The rule requires that LSVs be equipped with headlamps, front and rear turn signal lamps, tail

lamps, stop lamps, reflex reflectors, mirrors, parking brakes, windshields, seat belts, and vehicle

identification numbers, but not, for example, air bags. LSVs are not required to meet any criteria

for vehicle crashworthiness.10

Declined request to increase GVWR of LSVs and to create a class of “medium speed vehicles”

In 2008, NHTSA denied a petition to increase the GVWR limit for LSVs from 3,000 to 4,000

pounds for two reasons: First, NHTSA believes that “vehicles over 3,000 pounds GVWR are

capable of complying with the full requirements of FMVSSs that apply to conventional

passenger motor vehicles,” and, second, (the administration) believes that “increasing the

GVWR limit would encourage the use of LSVs in circumstances that could pose an unreasonable

risk to safety.”11 For reference, a 2013 Honda Civic has a curb weight of 2,815 pounds.

NHTSA in the same year also denied petitions to create a new class of motor vehicles called

“medium speed vehicles,” with a maximum speed of 35 miles per hour. “The petitioners’ wanted

NHTSA to establish [the class] to meet the environmental objective of having more fuel efficient

vehicles on more roads to provide transportation for relatively short trips.” 12 This class of

5 “Federal Motor Vehicle Safety Standards; Final Rule,” 63 Federal Register 116 (17 June 1998), pp. 33194 – 33217, at

33194. 6 Id. at 33198. 7 49 C.F.R. s. 571.3. 8 U.S. Department of Transportation Report to Congress, Operation of Neighborhood Electric Vehicles (NEVs) on Roadways

with Maximum Speed Limit of 40 mph (64 kph): Fuel Consumption Savings and Safety Ramifications, June 2012, p.7. On

file with the Senate Transportation Committee. 9 Id. at 4. Thus, the report’s analysis equally applies to LSVs that are not electrically powered. 10 49 C.F.R. s. 571.500. 11 U.S. Department of Transportation Report to Congress, supra, at 30. On file with the Senate Transportation Committee. 12 Id.

BILL: SB 166 Page 4

vehicles would be subject to standards more stringent than those for LSVs, “…but substantially

less than the full set of safety standards that apply to light vehicles such as passenger cars.”13

In its Report to Congress, the U.S. Department of Transportation noted with respect to NHTSA’s

denials:

“’NHTSA also considers fuel conservation an important goal. However, we believe that

it is neither necessary nor appropriate to significantly increase the risk of deaths and

serious injuries to save fuel.’ The Department, with safety as its highest priority,

continues to believe this statement to be true.

“When NHTSA created FMVSS No. 500 in 1998 as the sole Federal motor vehicle safety

standard applicable to low speed vehicles, nearly all of which are Neighborhood Electric

Vehicles (NEVs), it did so in the firm belief that these vehicles would be restricted to

operation in controlled, low speed environments, not in mixed traffic found on roadways

used for normal vehicle traffic. Limiting the safety equipment required on NEVs was

supported by the evidence then which indicated these vehicles were being operated

predominantly in such environments. Even under the conditions that existed in 1998,

NHTSA recognized the importance of monitoring sources of data and anecdotal

information for indications of a NEV safety problem.

“Among the factors that concern the Department and require that NEVs be operated only

in carefully controlled low speed environments are:

o The kinetic energy produced by a conventional passenger motor vehicle, which

weighs appreciably more than the typical NEV and is capable of travelling at

speeds higher than a NEV, is considerably higher than that produced by a NEV at

speeds between 25 mph and 40 mph. This means that in a crash between a

conventional motor vehicle and a NEV, the occupants of the NEV will be at

greater risk of serious or fatal injury.

o Conventional passenger motor vehicles comply with all applicable Federal motor

vehicle safety standards, which include those aimed at protecting vehicle

occupants during a crash. NEVs currently do not. These standards save lives.

NHTSA estimates that in 2005, on roads posted at 35 mph or lower, 1,921 crash

victims survived because the vehicles were complaint with all FMVSSs, including

278 save by air bags. In crashes posted at 45 mph or lower, 3,163 lives were

saved because the vehicles involved were compliant with all FMVSSs. Of those,

414 were saved by air bags.

o National crash data make clear that the number of crashes, fatalities, and injuries

on roads with a speed limit of 35 or 40 mph has been consistently and

significantly higher than the number of similar incidents on roads with a speed

limit of 30 mph or less. If NEV use were to expand considerably because of

additional NEVs operating on or near roadways with a maximum speed limit of

40 mph, the Department is concerned that additional NEVs would begin showing

up in the statistics for crashes on these roads. While NHTSA has not crash tested

13 Id.

BILL: SB 166 Page 5

NEVs to date, based on test results from the Insurance Institute for Highway

Safety and Transport Canada, it is apparent there is significant risk for serious

injury to NEV occupants at speeds above 25 mph.

“As we have since FMVSS No. 500 was adopted, we will continue to monitor data and

anecdotal information for any signs of a developing NEV safety problem. If it

determines a safety problem exists, NHTSA, to fulfill its mission to reduce deaths and

injuries resulting from traffic crashes, would consider increasing the safety requirements

for NEVs, including possibly requiring that they meet the same Federal motor vehicle

safety standards as conventional passenger motor vehicles.”14

State Law

In 1999, the Legislature first authorized the operation of LSVs and set speed limits for LSVs and

golf carts consistent with the final federal rule.15 Current state law is described below.

Low-speed Vehicles

Section 320.01(42), F.S., defines “low-speed vehicle” as any four-wheeled vehicle whose top

speed is greater than 20 miles per hour but not greater than 25 miles per hour, including, but not

limited to, neighborhood electric vehicles. A revision by the 2012 Legislature removed language

restricting LSVs to electrical power, effectively expanding the definition to include gasoline-

powered vehicles. LSVs must comply with the safety standards in 49 C.F.R. s. 571.500 and

s. 316.2122, F.S.

Section 316.2122, F.S., authorizes the operation of LSVs on any road with the following

restrictions:

An LSV may be operated only on streets where the posted speed limit is 35 miles per hour or

less. This does not prohibit an LSV from crossing a road or street at an intersection where

the road or street has a posted limit of more than 35 miles per hour.

An LSV must be equipped with headlamps, stop lamps, turn signal lamps, tail lamps, reflex

reflectors, parking brakes, rearview mirrors, windshields, seat belts, and vehicle

identification numbers.

An LSV must be registered and insured in accordance with s. 320.02, F.S., and titled

pursuant to ch. 319, F.S. An LSV must display a valid license plate.

Any person operating an LSV must have in his or her possession a valid driver’s license.

A county or municipality may prohibit the operation of LSVs on any road under its

jurisdiction if the governing body of the county or municipality determines that such

prohibition is necessary in the interest of safety.

The FDOT may prohibit the operation of LSVs on any road under its jurisdiction if it

determines that such prohibition is necessary in the interest of safety.

Operation of an LSV on sidewalks or sidewalk areas is not authorized under Florida law.

14 Id. at 46-47. 15 Chapter 99-163, L.O.F.

BILL: SB 166 Page 6

Golf Carts

Florida law defines a golf cart as a motor vehicle designed and manufactured for operation on a

golf course for sporting or recreational purposes and is not capable of exceeding speeds of 20

miles per hour.16

Section 322.04(1)(d), F.S., exempts a person operating a golf cart from provisions requiring the

operator to have a driver license, and s. 320.105, F.S., exempts golf carts from provisions

requiring the registration of vehicles or the display of license plates when operated in accordance

with s. 316.212, F.S., or s. 316.2126, F.S.

Generally, golf carts may not be used on the public roads or streets. Section 316.212, F.S.,

prohibits the operation of a golf cart upon the public roads or streets except that:

A golf cart may be operated only upon a county road or municipal street that has been

designated by the respective county or municipality for use by golf carts provided that certain

actions are taken by the local government.

A golf cart may be operated on a part of the State Highway System (SHS) only under the

following conditions:

o To cross a portion of the SHS if FDOT has reviewed and approved the location and

design.

o To cross, at midblock, a part of the SHS where a golf course is constructed on both sides

of the highway if FDOT has reviewed and approved the location and design.

A golf cart may be operated for the purpose of crossing a street or highway where a single

mobile home park is located on both sides and is divided by that street or highway, provided

that the location of the crossing is approved by the appropriate governmental authority.

A golf cart may be operated on a road that is part of the State Park Road System if the posted

speed limit is 35 miles per hour or less, when approved by the Department of Environmental

Protection.

In all cases where a golf cart may be used on a public road, the golf cart must be equipped with

efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized

warning devices in both the front and rear.17 Further, a golf cart may be operated only during the

hours between sunrise and sunset, unless the responsible governmental entity determines that a

golf cart may be operated during the hours between sunset and sunrise and the golf cart is

equipped with headlights, brake lights, turn signals, and a windshield.18 In no case may a golf

cart be operated on a public road by any person under the age of 14.19

Under certain conditions, a local governmental entity may enact an ordinance allowing golf cart

operation on sidewalks adjacent to public roads.20 Where allowed, golf carts may not be

operated at speeds above 15 miles per hour.

16 ss. 316.003(68) and 320.01(22), F.S. 17 s. 316.212(6), F.S. 18 s. 316.212(5), F.S. 19 s. 316.212(7), F.S. 20 s. 316.212(8)(b), F.S.

BILL: SB 166 Page 7

Retirement Communities

Section 316.2125, F.S., authorizes the reasonable operation of a golf cart, equipped and operated

as provided in s. 316.212(5), (6), and (7), F.S., within any self-contained retirement community

unless a county, municipality, or FDOT, for any street or highway under their respective

jurisdictions, prohibits such operation in the interest of safety. A local governmental entity may

enact a more restrictive ordinance regarding golf cart operation and equipment that applies only

to an unlicensed driver and, upon enactment, must post appropriate signs or otherwise inform

residents that such an ordinance exists and will be enforced.

Municipal, State Park, and Seasonal Delivery Personnel; Law Enforcement Agencies

Current law provides additional authorized uses of both LSVs and golf carts. Section

316.2126, F.S., authorizes municipal employees to operate golf carts upon any state, county, or

municipal road within the corporate limits of such municipalities, upon certain sidewalks, and to

cross a portion of the SHS under specified conditions; and state employees, state park volunteers,

and state park visitors are authorized to operate golf carts upon public roads within the

boundaries of state parks subject to specified conditions. Seasonal delivery personnel are also

authorized to use LSVs and golf carts under the conditions specified from midnight October 15

until midnight December 31 of each year. Lastly, s. 316.21265, F.S., authorizes law enforcement

agencies to operate LSVs and golf carts, under the conditions specified, on any street, road, or

highway in this state while carrying out its official duties.

Golf Cart and LSV Conversions

The DHSMV currently maintains a procedure allowing golf carts to be converted to LSVs,

consistent with existing federal law. The 2012 Legislature authorized a vehicle titled or branded

and registered as an LSV to be converted to a golf cart under specified conditions, including

without limitation a requirement for an owner’s affidavit attesting that the vehicle has been

modified so that it is not capable of exceeding 20 miles per hour.21 Once converted to a golf

cart, the vehicle must clearly display a “CONVERTED VEHICLE” decal noting the maximum

speed and must then be operated only as a golf cart under the conditions outlined above.

Recreational Off-Road Vehicles

Golf carts and LSVs are currently excluded from the definitions of “recreational off-highway

vehicle” (ROV) contained in ss. 261.03 and 317.0003, F.S. ROV is defined to mean any

motorized off-highway vehicle 64 inches or less in width, having a dry weight of 2,000 pounds

or less, designed to travel on four or more nonhighway tires, having nonstraddle seating and a

steering wheel, and manufactured for recreational use by one or more persons.

The license tax for an electric vehicle or a low-speed vehicle is the same as that for a vehicle that

is not electrically powered.22

21 s. 319.14(10), F.S. 22 s. 320.08001, F.S.

BILL: SB 166 Page 8


Sections 1, 3, and 4: Definitions

Section 4 of the bill amends s. 320.01(41), F.S., to eliminate from the definition of “low-speed

vehicle” the phrase, “including, but not limited to, neighborhood electric vehicles.”

Neighborhood electric vehicles, as discussed above, are already recognized as LSVs (which are

classified irrespective of energy source,) provided that their top speed is greater than 20 miles per

hour but not greater than 25 miles per hour.

In addition, s. 320.01(42), F.S., is created to define “neighborhood vehicle” to mean a four-

wheeled vehicle with a top speed of greater than 25 miles per hour but not greater than 35 miles

per hour, effectively creating a new class of medium speed vehicle similar to the class that

NHTSA addressed in 2008, as discussed above. The bill applies the same limited set of safety

standards to NVs as is currently applied to LSVs, meaning that NVs, like LSVs, will not

currently be required to comply with the full range of FMVSSs, which include, for example, air

bags.

Sections 1 and 3 of the bill exclude NVs from the definition of ROV contained in ss. 261.03(8)

and 317.0003,(9), F.S., along with the currently excluded LSVs and golf carts.

Section 2: Local Ordinance/35 mph vs. 45 mph

The bill amends s. 316.2122, F.S., to address operation of NVs as follows:

NVs are included in the existing statutory authority to operate LSVs on streets where the

posted speed limit is 35 miles per hour or less, with no requirement for a local ordinance.

Counties and cities are authorized to enact ordinances allowing the counties and cities to

designate county and city streets with posted speed limits of 45 miles per hour or less for

the operation of NVs, provided that prior to making such a designation, the local

government must first determine that an NV may safely travel on or cross the road or

street, considering factors, including without limitation, the speed, volume, and character

of motor vehicle traffic using the road or street.

Counties and cities must post appropriate signs to indicate that such operation is

authorized.

Like LSVs, NVs must be registered and insured, and any person operating an NV must

possess a valid driver license.

NV operation may be prohibited on roads under the respective jurisdictions of the

counties, the cities, and the FDOT in the interest of safety.

If authorized by local ordinance and not otherwise prohibited, NVs will not be restricted to

operation in what NHTSA considers to be “controlled, low speed environments” but will be

authorized to operate in mixed traffic, with much larger, heavier, and faster vehicles, on

roadways with speed limits up to 45 miles per hour. The national crash data cited in the U.S.

Department of Transportation’s report suggests that the bill will result in an increase in crashes,

injuries, and fatalities.

BILL: SB 166 Page 9

Section 5: License Tax

The bill amends s. 320.08001, F.S., to impose on NVs the same license tax imposed on LSVs,

depending upon the weight of the vehicle.

Section 6: License Plate and Decals

The bill amends s. 320.0847, F.S., to require DHSMV to issue a license plate to the owner or

lessee of any vehicle registered as an NV. In addition, DHSMV is required to issue a decal to

the owner or lessee of an LSV or of an NV, upon which the abbreviation “LSV” or “NV,” as

appropriate, is clearly legible. The decal must be displayed and plainly visible on the rear of the

LSV or the NV. Law enforcement officers would be able to distinguish between golf carts

converted to LSVs, LSVs, and NVs.

The bill takes effect July 1, 2014.



None.


None.


None.


A. Tax/Fee Issues:

The bill imposes a license tax on the owner or lessee of an NV, ranging from a flat fee of

$19.50 to a flat fee of $44, depending upon the vehicle’s weight.


Owners and lessees of NVs may enjoy increased mobility at a price lower than that for a

conventional passenger motor vehicle. Owners and lessees of NVs will incur expenses

associated with license plates and decals and with the purchase of insurance to cover the

NVs.

Occupants of NVs may be exposed to property damage and serious injury or fatality,

which exposure is expected to increase substantially to the extent that NVs are authorized

for operation on roads with mixed traffic at speeds higher than normally found in

“controlled, low speed environments.” As stated above, NHTSA has indicated it may at

BILL: SB 166 Page 10

some point impose on NVs the full range of FMVSSs. In such event, the price of NVs

would significantly increase and likely be comparable to any other “conventional”

passenger motor vehicle.


No fiscal impact is expected in terms of any loss of federal funds, as speed limits and

other conditions under which vehicles are permitted to operate on public roads are the

jurisdiction of the states and localities in which the roads are located. However,

potentially significant societal negative fiscal impacts may occur as a result of increased

property damage, serious injuries and fatalities, and increased use of the court system.

DHSMV will incur additional workload as a result of NV registration and decal issuance,

which is expected to be absorbed within existing resources. A positive fiscal impact is

expected as a result of the imposition of a license tax, but the net amount is unknown

because it is unknown how many neighborhood vehicles will ultimately be registered.

The same result is expected with respect to the decals.


None.


None.



None.

B. Amendments:

None.



By Senator Brandes

22-00242-14 2014166__

Page 1 of 5



An act relating to neighborhood vehicles; amending s. 2

261.03, F.S.; revising the definition of “ROV”; 3

amending s. 316.2122, F.S.; authorizing the operation 4

of a neighborhood vehicle on certain roads with 5

certain restrictions; authorizing a county or 6

municipality to enact an ordinance allowing the 7

operation of neighborhood vehicles on certain roads or 8

streets; providing requirements for the enactment of 9

such an ordinance; requiring the posting of 10

appropriate signs; deleting a provision requiring low-11

speed vehicles to have certain equipment; amending s. 12

317.0003, F.S.; revising the definition of “ROV”; 13

amending s. 320.01, F.S.; revising the definition of 14

“low-speed vehicle”; providing a definition for 15

“neighborhood vehicle”; amending s. 320.08001, F.S.; 16

providing that a neighborhood vehicle is subject to 17

the same license tax as an electric vehicle or a low-18

speed vehicle; amending s. 320.0847, F.S.; requiring 19

the Department of Highway Safety and Motor Vehicles to 20

issue a license plate for a neighborhood vehicle upon 21

payment of certain fees and taxes; requiring the 22

department to issue a decal to the owner or lessee of 23

a registered low-speed vehicle or neighborhood 24

vehicle; requiring that the decal be clearly 25

displayed; providing an effective date. 26

27


29


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261.03 Definitions.—As used in this chapter, the term: 32

(8) “ROV” means any motorized recreational off-highway 33

vehicle 64 inches or less in width, having a dry weight of 2,000 34

pounds or less, designed to travel on four or more nonhighway 35

tires, having nonstraddle seating and a steering wheel, and 36

manufactured for recreational use by one or more persons. The 37

term “ROV” does not include a golf cart as that term is defined 38

in ss. 320.01 and 316.003(68) or a low-speed vehicle or 39

neighborhood vehicle as those terms are defined in s. 320.01. 40


to read: 42

316.2122 Operation of a low-speed vehicle, or mini truck, 43

or neighborhood vehicle on certain roadways.—The operation of a 44

low-speed vehicle, as defined in s. 320.01 or a mini truck, or 45

neighborhood vehicle as defined in s. 320.01 on any road is 46

authorized with the following restrictions: 47

(1) A low-speed vehicle, or mini truck, or neighborhood 48

vehicle may be operated only on streets where the posted speed 49

limit is 35 miles per hour or less. This does not prohibit a 50

low-speed vehicle, or mini truck, or neighborhood vehicle from 51

crossing a road or street at an intersection where the road or 52

street has a posted speed limit of more than 35 miles per hour. 53

(a) A county or municipality may enact an ordinance 54

authorizing the county or municipality to designate county roads 55

or municipal streets that have a posted speed limit of 45 miles 56

per hour or less for the operation of neighborhood vehicles. 57

(b) Before making a designation of a public road or street 58


22-00242-14 2014166__

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pursuant to paragraph (a), the responsible local governmental 59

entity must first determine that a neighborhood vehicle may 60

safely travel on or cross the road or street, considering 61

factors, including, but not limited to, the speed, volume, and 62

character of motor vehicle traffic using the road or street. 63

(c) Upon a determination that a person may safely operate a 64

neighborhood vehicle on a designated road or street, the 65

responsible governmental entity shall post appropriate signs to 66

indicate that such operation is authorized. 67

(2) A low-speed vehicle must be equipped with headlamps, 68

stop lamps, turn signal lamps, taillamps, reflex reflectors, 69

parking brakes, rearview mirrors, windshields, seat belts, and 70

vehicle identification numbers. 71

(2)(3) A low-speed vehicle, or mini truck, or neighborhood 72

vehicle must be registered and insured in accordance with s. 73

320.02 and titled pursuant to chapter 319. 74

(3)(4) Any person operating a low-speed vehicle, or mini 75

truck, or neighborhood vehicle must have in his or her 76

possession a valid driver license. 77

(4)(5) A county or municipality may prohibit the operation 78

of low-speed vehicles, or mini trucks, or neighborhood vehicles 79

on any road under its jurisdiction if the governing body of the 80

county or municipality determines that such prohibition is 81

necessary in the interest of safety. 82

(5)(6) The Department of Transportation may prohibit the 83

operation of low-speed vehicles, or mini trucks, or neighborhood 84

vehicles on any road under its jurisdiction if it determines 85

that such prohibition is necessary in the interest of safety. 86



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317.0003 Definitions.—As used in this chapter, the term: 89

(9) “ROV” means any motorized recreational off-highway 90

vehicle 64 inches or less in width, having a dry weight of 2,000 91

pounds or less, designed to travel on four or more nonhighway 92

tires, having nonstraddle seating and a steering wheel, and 93

manufactured for recreational use by one or more persons. The 94

term “ROV” does not include a golf cart as that term is defined 95

in ss. 320.01 and 316.003(68) or a low-speed vehicle or 96

neighborhood vehicle as those terms are defined in s. 320.01. 97


Statutes, is amended, and subsection (46) is added to that 99

section, to read: 100

320.01 Definitions, general.—As used in the Florida 101

Statutes, except as otherwise provided, the term: 102

(41) “Low-speed vehicle” means any four-wheeled vehicle 103

whose top speed is greater than 20 miles per hour but not 104

greater than 25 miles per hour, including, but not limited to, 105

neighborhood electric vehicles. Low-speed vehicles must comply 106

with the safety standards in s. 316.2122 and 49 C.F.R. s. 107

571.500 and s. 316.2122. 108

(46) “Neighborhood vehicle” means a four-wheeled vehicle 109

with a top speed of greater than 25 miles per hour but not 110

greater than 35 miles per hour. A neighborhood vehicle must 111

comply with the safety standards in s. 316.2122 and 49 C.F.R. s. 112

571.500. 113


to read: 115

320.08001 Electric vehicles; low-speed vehicles; 116


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neighborhood vehicles; license tax.—The license tax for an 117

electric vehicle, a or low-speed vehicle, or a neighborhood 118

vehicle is the same as that prescribed in s. 320.08 for a 119

vehicle that is not electrically powered. 120


to read: 122

320.0847 Low-speed vehicle, mini truck, and neighborhood 123

vehicle low-speed vehicle license plates and decals.— 124

(1) The department shall issue a license plate to the owner 125

or lessee of any vehicle registered as a low-speed vehicle, as 126

defined in s. 320.01 or a mini truck, or neighborhood vehicle as 127

defined in s. 320.01 upon payment of the appropriate license 128

taxes and fees prescribed in s. 320.08. The license plate must 129

comply with s. 320.06. 130

(2) The department shall also issue a decal to the owner or 131

lessee of a vehicle registered as a low-speed vehicle or as a 132

neighborhood vehicle, upon which the abbreviation “LSV” or “NV,” 133

as appropriate, is clearly legible. The decal must be displayed 134

and plainly visible on the rear of the low-speed vehicle or 135

neighborhood vehicle The license plate for a low-speed vehicle 136

or mini truck shall comply with the provisions of s. 320.06. 137

Section 7. This act shall take effect July 1, 2014. 138

CourtSmart Tag Report Room: LL 37 Case: Type: Caption: Senate Transportation Judge: Started: 10/9/2013 4:03:04 PM Ends: 10/9/2013 4:27:22 PM Length: 00:24:19 4:03:08 PM The meeting was called to order by Chairman Brandes 4:03:22 PM Roll call by Administrative Assistant, Marilyn Hudson 4:03:40 PM Comments from Chairman Brandes. SB 166 Bill temporarily postponed. 4:04:36 PM Comments from Senator Joyner 4:04:52 PM Tab 1 - SB 132, Specialty License Plates presented by Jennifer Wilson on behalf of Senator Latvala 4:06:01 PM Comments from Brian Pitts, Justice-2-Jesus regarding SB 132 4:10:50 PM Comments from Lauren Lofton, Chairperson, Fallen Law Enforcement Officers, St. Petersburg, FL 4:15:02 PM Comments from Chairman Brandes 4:15:14 PM Response from Jennifer Wilson regarding sample of tag 4:15:46 PM Question from Senator Thompson 4:16:00 PM Response by Jennifer Wilson 4:16:22 PM Jennifer Wilson waives closure on SB 132 4:16:28 PM Roll call by Administrative Assistant, Marilyn Hudson 4:16:50 PM SB 132 passes 4:17:00 PM Comments from Chairman Brandes 4:17:16 PM Tab 2 - SB 156, Motor Vehicle License Taxes presented by Senator Negron 4:18:35 PM Question from Senator Diaz de la Portilla 4:18:51 PM Response from Senator Negron 4:19:08 PM Additional question from Senator Diaz de la Portilla 4:19:21 PM Response from Senator Negron 4:19:27 PM Additional question from Senator Diaz de la Portilla 4:19:39 PM Response from Senator Negron 4:20:02 PM Comments from Senator Diaz de la Portilla 4:20:13 PM Response from Senator Negron 4:20:35 PM Question from Senator Margolis 4:20:55 PM Response from Senator Negron 4:21:02 PM Brian Pitts, Justice-2-Jesus waives in support 4:21:14 PM Comments from Chairman Brandes 4:21:15 PM Senator Negron waives closure on SB 156 4:21:18 PM Roll call by Administrative Assistant, Marilyn Hudson 4:21:30 PM SB 156 passes 4:21:45 PM Comments from Chairman Brandes 4:21:59 PM Comments from Paul Henry, Driver Licenses/red Light Cameras representing Liberty First Network 4:26:59 PM Comments from Chairman Brandes 4:27:06 PM Senator Clemens moves to rise