Florida/Georgia Personal Injury & Workers Compensation

...— A motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes. The same definition of golf cart is also set forth in section 320.01(22), Florida Statutes (1983). Coincidentally the legislature has also enacted section 316.212, Florida Statutes (1983), which prohibits the use of golf carts on public streets unless designated by a city or county as a permissible road for golf carts and only within a one-mile radius of a residence and the golf course....

...Based on the foregoing, we reverse the final judgment, remand for a new trial, and direct the trial court to vacate the partial summary judgment on the plaintiff's vicarious liability claim in Count II. Reversed For New Trial. GUNTHER and STONE, JJ., concur. NOTES [1] "Coincidentally, the legislature has also enacted section 316.212, Florida Statutes (1983), which prohibits the use of golf carts on public streets unless designated by a city or county as a permissible road for golf carts and only within a one-mile radius of a residence and the golf course....

...being licensed for use on the public highways. Golf carts may be operated, by statute, on certain roadways under certain circumstances. See Meister v. Fisher, 435 So.2d 981 (Fla. 4th DCA 1983), quashed on other grounds by, 462 So.2d 1071 (Fla.1984); § 316.212, Fla....

...Also admissible was the evidence relating to compliance with section 316.0747(1). [2] That provision, generally speaking, requires that traffic control devices used "at any place where the general public is invited" conform to Department of Transportation [DOT] regulations. At the same time, section 316.212, Florida Statutes (1989), further provides that golf carts may not cross certain public roadways unless DOT reviews and approves the design of the crossing and any traffic control devices needed for safety purposes....

...By contrast, a “low-speed vehicle” is defined as “any four-wheeled electric vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour, including neighborhood electric vehicles. Low-speed vehicles must comply with the safety standards in 49 C.F.R. s. 571.500 and s. 316.2122.” § 320.01(42), Fla....

...2 The fact that a vehicle fits within the definition of a low-speed vehicle rather than a golf cart is legally significant in several respects: (1) Low-speed vehicles are required to be registered and insured if they are being operated on a roadway. See § 316.2122(3), Fla....

...By contrast, golf carts are generally exempt from Florida’s vehicle registration requirements. See § 320.105, Fla. Stat. (2007). (2) A low-speed vehicle driven on any public roadway must be operated by an individual with a valid driver’s license. See § 316.2122(4), Fla. Stat. There is no similar requirement for the operator of a golf cart. See § 316.212(6), Fla. Stat. (2007) (“A golf cart may not be operated on public roads or streets by any person under the age of 14.”). (3) Unlike golf carts, low-speed vehicles are required to comply with the safety standards set forth in section 316.2122, Florida Statutes 3 and section 571.500 of the Code of Federal Regulations. 4 (4) In the absence of a local ordinance, a low-speed vehicle may be operated on streets with a posted speed limit of thirty-five miles per hour or less. See § 316.2122(1), Fla. Stat. By contrast, in the absence of a local ordinance, the operation of a golf cart on public roadways is extremely limited. See § 316.212, Fla....

...lso their operation on public roads is commonplace_Further, much of the on-road use is not incidental to the playing of golf. Instead, many trips are made for purposes unrelated to golf, such as shopping or visiting friends. 63 F.R. 33194 , 33205. . Section 316.2122(2) provides that a low-speed vehicle 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.” .Section 49 C.F.R....

who are not restrained by safety devices. Section 316.212, Florida Statutes, prohibits the operation

Mr. William R. Lisch Bradenton City Attorney 519 13th Street West Bradenton, Florida 34205 Dear Mr. Lisch: You ask substantially the following question: What is the meaning of the term "self-contained retirement community" as used in section 316.2125 (1), Florida Statutes, which authorizes the use of golf carts within such communities? Section 316.212 , Florida Statutes, prohibits the operation of golf carts on the public roads or streets of this state, except under specified conditions. 1 Section 316.2125 (1), Florida Statutes, however, provides: "Notwithstanding the provisions of s. 316.212 , the reasonable operation of a golf cart, equipped and operated as provided in s. 316.212 (4), (5), and (6), within any self-contained retirement community is permitted unless prohibited under subsection (2)." 2 Subsection (2) of section 316.2125 , Florida Statutes, authorizes a county, municipality, or the Department of Transportation to prohibit the operation of golf carts on any street or highway under its jurisdiction if it determines that such prohibition is necessary in the interest of safety....

...ace for travel and the right of general and common use which makes certain private property subject to public control pursuant to Chapter 316 , Florida Statutes. You therefore note that if the phrase "self-contained retirement community," as used in section 316.2125 (1), Florida Statutes, refers only to a community where the streets of the retirement community are privately owned and not generally open to the public, the provisions of Chapter 316, and more specifically, sections 316.212 and 316.2125 , would not be applicable. 11 Thus, the authorization in section 316.2125 for golf carts to be operated within a self-contained retirement community would be meaningless since the prohibitions against golf cart operation would not be applicable. Provisions enacted by the Legislature must be assumed to have some useful purpose, as the Legislature is not to be presumed to have enacted useless or meaningless legislation. 12 Clearly, then, the Legislature intended the provisions of section 316.2125 , Florida Statutes, to include retirement communities with roads that are open to the public for travel....

...lf carts on the streets of such retirement communities and not limit the use of golf carts to those areas around a retirement community's golf course. Accordingly, I am of the opinion that the use of the term "self-contained retirement community" in section 316.2125 (1), Florida Statutes, does not limit the use of golf carts to those retirement communities that maintain private roads on which the public does not have the right to travel, but includes retirement communities with roads open to the public....

...Sincerely, Charlie Crist Attorney General CC/tjw 1 See s. 316.003 (68), Fla. Stat., which defines "golf cart" for purposes of Ch. 316 , Fla. Stat., to mean "[a] motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes." 2 See s. 316.212 (4), (5) and (6), Fla Stat., which provides: "(4) A golf cart may be operated only during the hours between sunrise and sunset, unless the responsible governmental entity has determined that a golf cart may be operated during the hours bet...

...Pritt City Attorney City of Sanibel QUESTION: May a city designate a city street which is not within a one-mile radius of a bona fide golf course as a lawful area for the operation of golf carts? SUMMARY: The operation of golf carts equipped as prescribed in s. 316.212 (6), F.S., on city streets is limited to a street which has been designated by the city for use by golf carts within a one-mile radius of a bona fide golf course during the hours between sunrise and sunset. This limitation, however, does not affect the operation of golf carts in self-contained retirement communities allowed by s. 316.2125 , F.S., nor as allowed otherwise in s. 316.212 , F.S. Section 316.212 , F.S., prohibits the operation of golf carts on the public roads or streets of this state, except under the following specified conditions: (1) A golf cart may be operated only upon a county road which has been designated by a county, or a city street which has been designated by a city, for use by golf carts....

...(6) A 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. Thus, the operation of a golf cart on a county road or city street is limited to the conditions set forth in s. 316.212 , F.S. The only recognized exceptions to the restriction of operation to within a one-mile radius of a bona fide golf course are as follows: s. 316.212 (3), F.S., allows the operation of golf carts on state roads, notwithstanding s. 316.212 (2), F.S., when the Department of Transportation determines that the operation of golf carts within the right-of-way will not impede the safe and efficient flow of motor vehicle traffic and the road is the only available public road or safest alternative route for golf cart travel; 1 s. 316.212 (4), F.S., noted above; and s. 316.2125 , F.S., allows operation of properly equipped golf carts within self-contained retirement communities. There is no indication in s. 316.212 , F.S., except the specific provisions previously cited, that the conditions prescribed therein operate independently such that compliance with one makes any or all of the others optional or inapplicable....

...be operated on public roads and streets, no others may be inferred. 2 Thus, had the Legislature intended to allow counties and municipalities to designate roads and streets for the operation of golf carts, without regard to the other restrictions in s. 316.212 , F.S., it could have done so. Accordingly, it is my opinion that s. 316.212 , F.S., limits the operation of golf carts on county roads and city streets to within a one-mile radius of a bona fide golf course, unless such operation outside the one-mile boundary is allowed pursuant to the specific exceptions contained in ss. 316.212 or 316.2125 , F.S....

cart more restrictive than that allowed by section 316.212, Florida Statutes? 2. May the city require

intersects with a road on the state highway system. Section 316.212, F.S. 1983, as adopted by s 2, Ch. 83-188,

...public streets be accompanied by a licensed driver? 4. May the city allow golf carts on county roads within the city's boundaries without the county's approval? Due to the interrelation of the issues you have raised and the requirements set forth in section 316.212 , Florida Statutes, your questions will be answered together. The City of Cedar Key has historically allowed golf carts 1 to operate on city streets, with certain age and other restrictions. The city recognizes, however, that section 316.212 , Florida Statutes, regulates the operation of golf carts and may impact the city's ability to impose local regulations....

...visions of this chapter." 6 This office has previously concluded that absent express authorization under the Uniform Traffic Control Law, Chapter 316 , Florida Statutes, operates to prohibit any local legislation on traffic control or enforcement. 7 Section 316.212 , Florida Statutes, in pertinent part, provides: "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 be...

...golf carts operating within its jurisdiction. In a previous opinion of this office, it was concluded that a municipality has no authority to impose more restrictive age or licensure requirements for the operation of golf carts than those imposed in section 316.212 , Florida Statutes....

...h as requiring a licensed adult to accompany operators under the age of 16 or requiring that golf carts be equipped with seat belts. 10 Moreover, a mandatory local inspection program to ensure compliance with the equipment requirements enumerated in section 316.212 , Florida Statutes, would appear to exceed the specific provisions of subsection (7) for enforcement of golf cart operation and equipment, making noncompliance a noncriminal traffic infraction punishable under Chapter 318 , Florida Statutes....

...ndergo annual registration and safety inspections and display a decal providing verification of such registration and inspection. Nor may the city impose additional safety standards or operator qualifications on golf carts beyond those prescribed in section 316.212 , Florida Statutes....

...316.111, Fla. Stat., and other related statutes). See also, s. 322.04 (1)(e), Fla. Stat., exempting from the requirement of a driver's license "[a]ny person operating a golf cart, as defined in s. 320.01 , which is operated in accordance with the provisions of s. 316.212 ." 11 Section 316.008 (1)(g), (m), and (n), Fla....