2005-013 Supports Stricter Golf Cart Laws by Local GovtsRESOLUTION 13-2005
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA EXPRESSING THE VILLAGE COUNCIL'S DISSATISFACTION WITH CURRENT
FLORIDA LAW REGARDING THE REGULATION OF GOLF CARTS BY LOCAL
GOVERNMENTS; SUGGESTING THAT CURRENT FLORIDA LAW REGARDING THE
REGULATION OF GOLF CARTS IS INADEQUATE TO PROTECT THE HEALTH, SAFETY
AND WELFARE OF CITIZENS OF FLORIDA WHO LIVE IN JURISDICTIONS WHERE
GOLF CARTS ARE UTILIZED; FURTHER SUGGESTING THAT ALL LOCAL
GOVERNMENTS SHOULD BE GRANTED THE AUTHORITY TO ENACT SPECIFIC GOLF
CART REGULATIONS WHICH ARE MORE RESTRICTIVE THAN THOSE FOUND IN
CURRENT FLORIDA LAW; OFFERING SUGGESTED LEGISLATION TO ACCOMPLISH
THIS GOAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village of North Palm Beach, Florida is a golfing community, providing
numerous golfing opportunities for its citizens; and
WHEREAS, many of the citizens of the Village utilize personal golf carts throughout the
jurisdictional limits of the Village; and
WHEREAS, many other jurisdictions within the State of Florida offer numerous golfing
opportunities to their residents and experience similar usage of golf carts by their citizens;
and
WHEREAS, by virtue of Chapter 316, Florida Statutes, the Village, along with all other local
governments in Florida, is presently limited in its ability to regulate the use of golf carts; and
WHEREAS, the Village Council of the Village of North Palm Beach, Florida believes that
current Florida law restricting the regulation of golf carts within local jurisdictions is
inadequate to protect the health, safety and welfare of the citizens of the State of Florida who
live in jurisdictions where golf carts are utilized; and
WHEREAS, the Village Council of the Village of North Palm Beach, Florida wishes to
endorse legislation that would allow all local governments throughout Florida to enact golf
cart regulations that are more restrictive than the regulations found in Chapter 316,
Florida Statutes; and
,--~ WHEREAS, the Village Council of the Village of North Palm Beach, Florida believes that this
proposed legislation serves to promote the health, safety and welfare of its citizens and all
the citizens of Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, THAT:
Section 1. The Village Council of the Village of North Palm Beach, Florida, hereby
endorses proposed legislation, attached hereto in Exhibit "A", which grants authority to all
local governments within the State of Florida to enact local golf cart regulations that are more
restrictive than those currently found in Chapter 316, Florida Statutes.
Section 2. The Village Clerk is directed to transmit copies of this resolution to the Palm
Beach County Legislative Delegation, the Palm Beach County League of Cities and the
Florida League of Cities.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 10th DAY OF FEBRUARY, 2005.
(Village Seal)
Y R
ATTEST:
~~~
VILLAGE CLERK
EXI~T~~'~'
~ biil to r~e entitled
An act relating to the regulation oFgolf cart use within al] ;oca] jurisdictions of the
State of Florida; amending s 3 16.2! 2; F.S.; granting ail i~_~cal jurisdictions of the
State of Florida the authority to enact golf cart use reg>>latiens :hat are mere
restrictive than the regulations provided by state law; farther amending s. s 1 6 2 , 26,
F_S.; requiring the use of golf ;,arts by all local jurisdictions of the State of Florida
to comply with both state and local golf cart ^se regulations; providing an effective
date.
Be it Enacted by the Leg;slature of the State of Florida:
Section 1 . Section 3 1 X212, Florida Statutes, is arr:ended to read
316.212 Operation of golf carts on certain roadwa•,~s -The operation of a Bolt cart open the
public roads or streets of this state is proh;bited ex:.ept as prodded herein.
(11 A golf cart may be operated only upon a cou~;ty read that has been designated by a
county, or a ~' r ~nicipal street that has been designated by a e~?~ municipa_Lt}~, for use 5y golf
carts Prior to making such a designation, the respons:b!e local eo~~ernmental °ntit)~ must f.rst
deterr,~ine that ~o',f carts t~;av safe;y tra~~?! on nr cross t,e pu~'..c road c, s'.reet, censidenr.g f=~tors
~nc!uding the speed, vol~.~rne, and character of motor vel~~cle h~affic ~,~s:ng the road or street t'pon a
de!ermination that golf carts may be safely operated on a u~~~l~:iated roan or street, the respors:bie
~~wernrnentaf entity shall post appropriate signs to indicate that such operation .s allowed.
(~) A coif cart may be operated on a pats of tine State }i~.ghway System only ~,~nder tine
followsng conditions.
(a) To cross a portion of the State Highway System which intersects a county road or
munici a street that has been designated for use by golf carts if the Department of Transportation
h:~s revie•~~ed and approved the location and design of the crossing and any traffir_, control devices
needed for safety_ purposes.
(b) To cross, at midblock, a part of the State Highway System ~~~here a golf course is
constructed on both sides of the high~,~'av if the Department of Transportation. has reviewed and
approved the location and design of the crossing and any traffic control devices needed for safery~
purposes.
(c) A golf cart may be operated on a state road that has been designated for transfer to a
local government unit pursuant to s. 335.04; 5 if the Department of Transportation determines that
the operation of a golf calf within the right-of-way of the read will not impede the safe and
efficient flow of motor vehicular traffic. The department may a~,ithorize the,eperation of golf carts
on such a road :f
1. The road is the only available public road along ::~hich gi;;f carts nia-:~ lave! or cross ar
the road provides the safest travel route among alternative routes available: and
2. The speed, volume, and character ofrnotor ~tin;c~,:lar traff;c using the read ;s cens;dered
In rnalC]P.g SUCl1 a deieITl'iina:i0i,
l~Jn !IS deterr'.;ii]atiCn t}la( v~~lf C3r".S mad' be Cf:eratPd on a ?1~'en 1.Oad, 1}]L ~~epartrileni Snali pCSt
appropriate signs on the road to rndicate that such operation is allowed.
(31 Any othrrr pro~~lsion of tills section to the contrary nc~~ithstandir.~, a goii cart n.av be
operated for the aurpose of crossing a sleet er lueh~~~ay «°hete a single m~^biie home park is
located on both sides o` the street or highway and Is dlvltle:i Ly that street or highw~~ay, prov:d:d
that the gove.rnmenta! entity having original jurisdiction ovicer s~.tch street tin highway shall review
and appro~.~e the location of the crossing and require implementation of any traffic controls needed
fer saf n' purFoses This subsection shall apply only to residents or guests ofthe mobile home park.
,Anv ether provis,en of la:v to the contrary r.o*1~~ithstandind, ~f notice is ],osted at tl;~ entrance and
exit to any rnobiie home park that residents of the park utilize golf carts er ~ lectnc vehicles w~Ihm
the confines of the park it shall not be necessary that the park have a gate or other device at the
:ntrar;ce and exit in order for such golf carts or electric vehicles to be la~,~'fully operated ~n the park.
(4) ,A golf cart may be operated only dunng the hours between sunrise and sunset, unless
the responsible govenimentaJ entity has determined that a golf cart may be operated during tl,c
hours betL<een sunset and sunrise and the golf cart is equipped with headlights, brake lights, turn
signals, and a w;ndshield.
(5) A golf cart must be equapped with efficient brakes, reliable steering apparatus, sate tires,
a rear,'~e~,~~ motor, and red reflectonzed warning devices ~n both the front and rear.
(~5) A golf cart may not be operated on public roads or streets by any person under the age
o~ 4
~?lg~ acs n~~r~r~~~~~£~aLt~>=~3~i~~~_e~~i;ztrs-clt cl~3c_~r~_mQt~__-:sc~~,-~cii~~
rRC~e cnllm~rdied IR_irllS JeCUOrI ri_a~be enact°~ bL' ti;e re.S~bl~_!_OCaI AOV:.I~lmeriial eniliti
l_ On ena~~?71e:tt Of aria' SLiCil rec?Ui3i;vri t~le re5 OnSI .le 1OC31 ~ T'I7lentdl er1tICL_511211 ~OSr
'f~ ~lai~ :o.;S 1"°rV.- i it iha "y_1Z'rC 3~ ~' r l~.i _r~ ~y ~ rl Via!' v ~n4, 0.~7
~~~;thiR it$_iu=risdictional_erritcn_
(-~} ~ ~, vt~ula!ictl of this section ~s a r,oneriminal traffic ~.>>fractton, punishaole pursuant to
%i;apler ~1~ as C1L'1er a m~'~lrlg v;Olat10n fir Infl~aCtlOnS Cf SUbSeCt!On ~l), SU~`SeCt10n ~~J;
SUbSeC?IOn l;), ~3i 51165~'Ct10n 1~~, ill IGCdi r_°''latiOnC CC':?°~Cr1d1n~i11elet0 erl3Cte~~rS"ar} re
,ub_ ct> n "_?~ _or as a nr~nmovi~i~ violation for infractiot:s of subsections (~) and (6) ~~r local
re~~laUOns corresponding thereto enacted pursuant to Subsect~en
Secnon 2. Section 3l 6.2 i 26. c lorida Statutes, is amended to read:
3]6.2] 26 Use of golf carts and ut~l~ty vehicles by municipalities. - In addition :o the
powers granted by ss 316.212 and 3 i 6.2125; municipalities are hereby authorized to utilize golf
cars and utility vehicles, as defined in s. 320 O1, upon any state, county, or municipal reads
located within the corporate limas of such municipalities, subject to the following conditions:
(1) Golf carts and ut~l~ty vehicles must comply with the operational and safety
requirements in ss 316.212 and 316.2125 aad any more restri~liye re~a]~tions_enacted_bY_??~e
respQn~ible local governmental entity pursuant to s,_ 310.212(; ~, and shall only be operated by
municipal employees for municipal purposes, including, but not limited to, police patrol, traffic
enforcement, and ,r,spection of public facilities
(2) In addition to the safety equipment required ins 316.212(5), and 3r1 ' more_resmct;ve
~afen~_e_~u~ ~ment renu~red by the r~s~on ible~cal ~overnmentaI entity ours~~ant to s 31.6 2 1'
such toil earls ar.d utility vehicles must be equipped •.ti~ith sufficient lighting and r.:rn signal
eq~~;pmer.t.
(3) Golf carts and ~~itil~ty veh;cl:.s may only be operated nn state rods that have a posted
sp~e~ lii,.;t ~f 3:~ n:i;es per ne_:r or less
~~~ ,-°t ,iiuiiiClpul e.nployee ~paratinov a golf C3r1 0l" `~ltlilh! ~'PI11Cle pur>l!3rit t0 th1S SeCtlOrl
m~~~st possess a valid dnver's license as re~uued by s 322 03
Sevtien 3 This a~' shall take effect upon becoming a la~.v
F 1dnn~A uenh<~M ~~c c'ir~~o w~A Cdl io be:~~i~ncd An a^ id ai,~~.F to I'~¢ ~ nom o(~oil r.vi~ opC