316.212
Operation of golf carts on certain roadways.
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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, a municipal street that has been designated by a municipality, a two-lane county road located within the jurisdiction of a municipality designated by that municipality, or a road that is owned and maintained by a water control district and has been designated by that water control district, for use by golf carts. Before 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, and if such designation is to be made by a water control district, the district must also receive approval from the county in which the road to be designated is located. Upon a determination that golf carts may be safely operated on a designated road or street, the responsible governmental 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 county road or municipal street that has been designated for use by golf carts 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.
(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 if the 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 of motor vehicular traffic. The department may authorize the operation of golf carts 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) Notwithstanding any other provision of this section, 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 divided by that street or highway, provided that the governmental entity having original jurisdiction over such street or highway shall review and approve the location of the crossing and require implementation of any traffic controls needed for safety purposes. This subsection shall apply only to residents or guests of the mobile home park. If notice is posted at the entrance and exit of any mobile home park where residents of the park operate golf carts or electric vehicles within the confines of the park, it is not necessary for the park to have a gate or other device at the entrance and exit in order for such golf carts or electric vehicles to be lawfully operated in the park.
(4) Notwithstanding any other provision of this section, if authorized by the Division of Recreation and Parks of the Department of Environmental Protection, 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.
(5) 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 between sunset and sunrise and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield.
(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.
(7) A golf cart may not be operated on public roads or streets by a person:
(a) Who is under 18 years of age unless he or she possesses a valid learner’s driver license or valid driver license.
(b) Who is 18 years of age or older unless he or she possesses a valid form of government-issued photographic identification.
(8) A local governmental entity may enact an ordinance relating to:
(a) Golf cart operation and equipment which is more restrictive than those enumerated in this section. Upon enactment of such ordinance, the local governmental entity shall post appropriate signs or otherwise inform the residents that such an ordinance exists and that it will be enforced within the local government’s jurisdictional territory. An ordinance referred to in this section must apply only to an unlicensed driver.
(b) Golf cart operation on sidewalks adjacent to specific segments of municipal streets, county roads, or state highways within the jurisdictional territory of the local governmental entity if:
1. The local governmental entity determines, after considering the condition and current use of the sidewalks, the character of the surrounding community, and the locations of authorized golf cart crossings, that golf carts, bicycles, and pedestrians may safely share the sidewalk;
2. The local governmental entity consults with the Department of Transportation before adopting the ordinance;
3. The ordinance restricts golf carts to a maximum speed of 15 miles per hour and permits such use on sidewalks adjacent to state highways only if the sidewalks are at least 8 feet wide;
4. The ordinance requires the golf carts to meet the equipment requirements in subsection (6). However, the ordinance may require additional equipment, including horns or other warning devices required by s. 316.271; and
5. The local governmental entity posts appropriate signs or otherwise informs residents that the ordinance exists and applies to such sidewalks.
(9) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as a moving violation for infractions of subsections (1)-(5) or a local ordinance corresponding thereto and enacted pursuant to subsection (8), or punishable pursuant to chapter 318 as a nonmoving violation for infractions of subsection (6), subsection (7), or a local ordinance corresponding thereto and enacted pursuant to subsection (8).
History.—s. 2, ch. 83-188; s. 1, ch. 84-111; s. 2, ch. 88-253; s. 322, ch. 95-148; s. 4, ch. 96-413; s. 168, ch. 99-248; s. 7, ch. 2000-313; s. 6, ch. 2005-164; s. 3, ch. 2008-98; s. 46, ch. 2010-223; s. 2, ch. 2015-163; s. 1, ch. 2023-67.
Notes of Decisions
Cited in 13
cases (4 in the last 5 years), 1984–2022 · leading case: Meister v. Fisher
Meister v. Fisher (1984)
“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…”
Festival Fun Parks, LLC v. Gooch (2005)
“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…”
Herring v. Horace Mann Ins. Co. (2001)
“We note that golf carts, as such, are not generally designed for use on public roads, and their use on public roads in Florida is prohibited except under conditions specified by statute. Id. A golf cart, patently, is designed for operation at low speed on a golf course or for…”
Angelotta v. Security National Insurance (2013)
“See § 316.212, Fla. Stat. For purposes of Florida’s Financial Responsibility Law, a “motor vehicle” is defined as “every self-propelled vehicle which is designed and required to be licensed for use upon a highway_” § 324.”
McFall v. Inverrary Country Club, Inc. (1993)
“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.”
American States Ins. Co. v. Baroletti (1990)
“§§ 316.212, 320.105, Fla. Stat. (1987). The fact that golf carts are not typically used on roads and highways does not alter the fact that they are dangerous instrumentalities.”
Boudreau v. Nocco (2021)
“Scilex issued Wanda [] a warning for driving the golf cart on a sidewalk in violation of Fla. Stat. § 316.212 .” (Id.). “Sgt. Scilex took the position that the ADA does not provide [the Boudreaus] relief from the statute.”
Veronica Baldassini v. State Farm Mutual Automobile Insurance Company (2013)
“, Fla. Stat. §§ 316.212 , 316.2122, 320.01(41); see also Angelotta, 117 So.”
GEICO General Insurance Company v. Eileen Gonalez (2022)
“Fla. Stat. § 316.212 . Golf carts are ubiquitous—and legal—on public roads in golfing and beach communities throughout Florida.”
Boudreau v. Nocco (2022)
“Enforcement of F.S. 316.212, under the circumstances, was proper, and did not violate federal law.”
Boudreau v. Nocco (2022)
“Such a request is unreasonable because “to allow such an exception to Florida Statutes Section 316.212 for Plaintiffs to utilize their golf cart on public sidewalks would pose a greater safety risk to the public.”
State Farm Mutual Automobile Insurance Company v. Veronica Baldassini (2013)
“, Fla. Stat. §§ 316.212 , 316.2122, 320.01(41); see also Angelotta, 117 So.”
— 316.212(6) — 1 case
Angelotta v. Security National Insurance (2013)
“See § 316.212, Fla. Stat. For purposes of Florida’s Financial Responsibility Law, a “motor vehicle” is defined as “every self-propelled vehicle which is designed and required to be licensed for use upon a highway_” § 324.”
— 316.212(8) — 1 case
Boudreau v. Nocco (2021)
“Scilex issued Wanda [] a warning for driving the golf cart on a sidewalk in violation of Fla. Stat. § 316.212 .” (Id.). “Sgt. Scilex took the position that the ADA does not provide [the Boudreaus] relief from the statute.”
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