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Home My WebLink About2004 Golfcart Regulations OFFICE OF THE MAYOR WINTER SPRINGS, FLORIDA WHEREAS, the City of Winter Springs, Florida is a golfing community, providing numerous golfing opportunities for its citizens; and WHEREAS, many of the citizens of the City utilize personal golf carts throughout the jurisdictional limits of the City; 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 City, along with all other local governments in Florida, is presently limited in its ability to regulate the use of golf carts; and WHEREAS, the City Commission of the City of Winter Springs, 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 State of Florida who live in jurisdictions where golf carts are utilized; and WHEREAS, the City Commission of the City of Winter Springs, 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. NOW THEREFORE, the City Commission of the City of Winter Springs, Florida believes that this proposed legislation serves to promote the health, safety and welfare of its citizens and all the citizens of Florida. ..it ~m~~-\" ~"~.~~1 .- . IC\ ~C~-~!\~\ st. ~~ ", .~ l~. ~ :~ ~ !- ~ ~ \ I~~~ ~ '"' .-ijj'" . .....(?~i"'I.,..."'.. ''''~~''_I ' Jh, tuit?wXi tulwre~ YlUll#3 /wreu;nto de/; "!:? /Ul/l d eatMed tAM deal to 6e ~ ~ ~. ~~ ~... /~'<~ I CITY J;RK Robert S. Miller Commissioner Michael S. Blake Commissioner Donald A. Gilmore Commissioner Sally McGinnis Commissioner Joanne M. Krebs Commissioner Page 1 of 1 Jan Palladino From: Andrea Lorenzo-Iuaces Sent: Wednesday, January 26, 2005 1 :35 PM To: Ron McLemore Subject: Atlantis, Florida Mayor Bush asked me to give you a copy of what the City of Atlantis, Florida was requesting regarding golf cart use. The copy was placed in Jan's/Your in-box. Also regarding this, I told Mayor Bush that I could try to put a letter of support together for him, but after reading the document, my question is, would you prefer a Resolution of support or a letter? If you prefer a Resolution, is the same one they have attached sufficient for the Commission to approve, and/or should a letter be drafted, and is this something you would prefer to do? Awaiting your guidance... Thank you, A-n~rel't LC1renu-Lul'tc.es, ~ M~ City Clerk City o(Winter Springs 1126 East State Roaq 434 Winter Springs, Floriqa 32708 Telephone: (407) 327-5955 Facsimile: (407) 327-4753 email: aILJ.1c:es@\.VintersprfllgsB.Qrg 1/26/2005 MAYOR Fred Furtado VICE MAYOR Manuel Fernandez COUNCILMEMBERS Dave Cantley Michael C. Dahlgren Lester E. Fields CITY MANAGER Mo Thornton 260 ORANGE TREE DRIVE ATLANTIS, FL 33462-1193 WEB SITE ADDRESS: WWW.ATLANTISFLA,ORG PHONE: (561) 965-1744 FAX: (561) 642-1806 CITY OF (\ tlC\.ntls C, FLORIDA ----- RECEIVED JAN 2 4 2005 January 19, 2005 The Honorable John Bush City of Winter Springs 1126 East S.R.434 Winter Springs, FI 32708 1 CITY OF WINTER SPRINGS OFFICE OF THE CITY CLERK- ttt/: h)/O(~ Re: City of Atlantis Golf Cart Legislation Dear Mayor Bush: The City of Atlantis is a golf course community. Some years ago, we passed a local ordinance allowing golf carts on the public streets. This regulation has served our community well, as our residents enjoy the freedom of driving their golf carts to and from the golf course. Recently, we have had a problem with children driving golf carts on the public streets. We find this practice inherently dangerous. Under Chapter 316 of the Florida Statutes, children as young as fourteen years of age may drive golf carts. These children are operating a motor vehicle without the benefit of any training or licensure. The City of Atlantis is seeking a legislative change to Chapter 316, to allow local governments to enact more restrictive regulations for the safe operation of golf carts within our community. I have enclosed our resolution and proposed language change for your review. We are looking for statewide support of this change. Wouldn't you agree that such legislation is crucial for the safety and welfare of our children? Pieas~ consider drafting a letter or resolution in support of these changes or contact City Manager Mo Thornton to offer additional support of th:~ssue., ...\ ..~~.yo ;.~ ; ~ ~dest Regards, \\A rl/ \ JII"""rt' J<.~ \"/?). f ; k<P 1Lu14-.0 ~,'( l~ytf ~ ~ ,) "l"v.,+f ~:~o~urtado , / ~ olF 'D . y ~ ~~, r'{ C' ! · ~ Enclosure y ~~~~~/~~ ~(\'0v"~)"2)/ y- , V\ >1, /' ~I .r gJI' fJr V t \}{ ~A"~~ %tl,'i'tr" ~ . .r rr ~ sJ ,I" tl/ J( tf ~. <" ,( l'V 'lo" f IOS' Y 'f I ,;- "a,~ A -1' \~ CO t!' ~ ,f \LJ RESOLUTION NO. 04-20 A RESOLUTION OF TIjE CITY COUNCIL OF THE CITY OF ATLANTIS, FLORIDA EXPRESSING THE CITY 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 City of Atlantis, Florida is a golfing community, providing numerous golfing opportunities for its citizens; and WHEREAS, many of the citizens of the City utilize personal golf carts throughout the jurisdictional limits of the City; and " WHEREAS, many other jr'risdictions within the State of Florid) offer numerous gol:f1ong opportunities to their residents and experience similar usage of golf carts by their citizens; and WHEREAS, by virtue of Chapter 316, Florida Statutes, the City, along with all other local governments in Florida, is presently limited in its ability to regulate the use of golf carts; and WHEREAS, the City Council of the City of Atlantis, 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 State of Florida who live in jurisdictions where golf carts are utilized; and WHEREAS, the City Council of the City of Atlantis, 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 City Council of the City of Atlantis, Florida believes that this proposed legislation serves to promote the health, safety and welfare of its citizens and all the citizens of Florida. - 1 - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 0 ATLANTIS, FLORIDA, THAT: Section 1: The City Council of the City of Atlantis, hereby enl..~4UW!,1VpV1:iCU 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 City 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 15th day of December, 2004. CITY OF ATLANTIS ~/ Aye . Nay v _ AYV J}ay Aye Nay c../ Aye Nay / Nay ATTEST: (S EAL) ~t!t. ,II. GiN ,(///. Ilf'fl) fl.;\! t?'i Ba Tl1Monticell, City Clerk " 7YJI. \ ,? -')'7//' . /!Cd~-'-7!-' t / fIlJ,I;-~/,' /? " . IV )f/ /. ,., t l ':i /_//vr/v(.i {v\."1. /' / ! t. /(,j..il~(/l./ - 2 - A bill to be entitled An act relating to the regulation of golf cart use within all local jurisdictions of the State of Florida; amending s. 316.212, F.S.; granting all local jurisdictions of the State of Florida the authority to enact golf cart use regulations that are more restrictive than the regulations provided by state law; further amending s. 316.2126, F.S.; requiring the use of golf carts by all local jurisdictions of the Stare of Florida to comply with both state and local golf cart nse regulations; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 31q.212, Florida Statutes, is amended to read: 'r 316.212 Operation of golf carts on certain roadways.- The operation of a golf cart upon the public roads or streets of this state is prohibited except as provided herein: (1) A golf cart may be operated only upon a county road that has been designated by a county, or a eity IDuniciQal street that has been designated by a eity ;m.uni.Qip.fi.hty, for use by golf carts. Prior to making such a designation, the responsible local governmental entity must first determine that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street. Upon a determination that golf carts may be safely operated on a designated road or street, the responsible governmyntal entity shall post appropriate signs to indicate that such operation is allowed. (2) A golf cart may be operated on a part of the State Highway System only under the following conditions: (a) To cross a portion of the State Highway System which intersects a co municioal street that has been designated for use by golf carts if the Department 0 has reviewed and approved the location and design of the crossing and any traffic y~uw.VJ uc;Vlces needed for safety purposes. (b) To cross, at midblock, a part of the State Highway System where a golf course is constructed on both sides of the highway if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety 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. 335.0415 ifthe Department of Transportation determines that the operation of a golf cart within the right-of-way of the road will not impede the safe and efficient flow o( motor vehicular traffic. The department may authorize thetoperation of golfcarts ~ - on such a road if: 1. The road is the only available public road along which golf carts may travel or cross or the road provides the safest travel route among alternative routes available; and 2. The speed, volume, and character of motor vehicular traffic using the road is considered in making such a determination. Upon its determination that golf carts may be operated on a given road, the department shall post appropriate signs on the road to indicate that such operation is allowed. (3) Any other provision of this section to the contrary notwithstanding, 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 of the street or highway and is d.ivided by that street or highway, provided that the govemmental entity having original jurisdiction over such street or highway shall review of 14. (7) Relllilations regarding golf cart oneration and eauinment that are more restrictive than those enumerated in this Section may be enacted bv the resoonsible local llovemmental entity. Uoon enactment of any such regulations. the resoonsible local governmental entity shall vast approoriate signs or otherwise inform the citizens that such rewlations exist and shall be enfcrrc.cl within its iurisdictional territo~ E+J all A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a moving violation for infractions of subsection (1), subsection (2), subsection (3), Bf subsection (4), or local regulations cones.12oI}ilinR-thereto enac~ursuant to Subsection (~or as a nonmoving violation for infractions of subsections (5) and (6). orJocal re..mlatiQllsJ;Qm..s12QndingJ.h.er.etQ...enac1.e.d.D.urS.uant.tQ...sub.sJ,~cti.Qn..C1J. Section 2. SeCtion 316.2126, Florida Statutes, is amended to read: 316.2126 Use of golf carts and utility vehicles by municipalities. - In addition to the powers granted by ss. 316.212 and 316.2125, municipalities are hereby authorized to utilize golf carts and utility vehicles, as defined in s. 320.01, upon any state, county, or municipal roads located within the corporate limits of such municipalities, subject to the following conditions: (1) Golf carts and utility vehicles must comply with the operational and safety requirements in ss. 316.212 and 316.2125 ....Jmd. anYJllQnLr.estric.tlY-!;.LLeJUlJationLe.n..a.cJ.e..dlw: the. re.sQonsibkJ.9C1!,1."@Y.e.rnme.nJ1:!lgn1.itY-...QurS1JJlnt tQs,.JJ6.2J 2(7).. and shall only be operated by municipal employees for municipal purposes, including, but not limited to, police patrol, traffic enforcement, and inspection ofpubliy facilities. , . ..~ (2) In addition to the safety equipment required in s. 316.212(5), a1l4 al1y_.mQrexe~tri.9~b:.~ .~.~f~!y..~q!:li.l?Il!~!l.! r~q\lb:.~.c.l..QY.!h~x~.S..P.9!l.s.i I:>.J~.lQ9~Lg9.Y~m!!l~!l.!~L~!1 t!!Y.J2ur~Y!l:!ltJ.Q.s,.} 1 Q~~J. 2(]1 such golf carts and utility vehicles must be equipped with sufficient lighting and turn signal equipment. c.,"" (3) Golf carts and utility vehicles may only be operated on state roads that have a posted speed limit of 30 miles per hour or less. (4) A municipal employee operating a golf cart or utility vehicle pursuant to this section must possess a valid driver's license as required by s. 322.03. Section 3. This act shall take effect upon becoming a law. F:\docs\Allantis\MiRccll?r.1l0us\A bill to be cntitlcdAn act relating to the regulation of golf c.arls.\\tTld