Exh 3BAGENDA ITEM 313
JUNE 23, 2003
STAFF REPORT
City oiAtlantic Beach
Commission Meeting
AGENDA ITEM: Golf Cart Recommendations
DATE: June 4, 2003
SUBMITTED BY: David E. Tho pso~hief of Police/DPS
BACKGROUND:
In Apri12003, a staff report was submitted to the City Commission discussing some of
the challenges and questions that needed to be addressed before opening up city streets
for use by golf carts. At that meeting, the commission directed a committee to conduct
further reseazch and recommendations relative to this issue.
On Monday, May 5, 2003, Carol Mikell, Lynn Chazest, Jill Easton, and the Police
Chief/DPS met to discuss whether or not there is a practical and safe way to allow the use
of golf carts on the public streets, while assuring adequate traffic flow for all motorists.
The committee reached a consensus on a number of the issues previously identified.
Committee members unanimously supported a requirement that all drivers be required to
have a valid operators license,
Before making fmal recommendations to the City Commission, City Attorney Alan
Jensen was asked to review the matter and provide guidance. The City Attorney found a
2002 Attorney General Opinion that had a significant impact on the recommendations.
The Attorney General Opinion specifically addresses whether or not a city can puss an
ordinance imposing a minimum age requirement of sixteen (16) for the drivers o_Fgolf
carts, and whether or not the city can require the operator of a golf cart to have a valid
driver's license. In essence, the Attorney General ruled that the answer is, "No" A city
is not allowed to set these restrictions on the drivers of golf carts. See Attachment.
The Police Department opposes allowing unlicensed, fourteen (14) yeaz old drivers to
operate golf carts on the public streets in Atlantic Beach. This has been discussed with
some of the committee members, and it appeazs that members understand and accept this
position.
Clarification:
The State of Florida differentiates between "golf carts" and "slow moving vehicles."
"Golf carts" have a top speed of 20 MPH, and they aze exempted from any registration
and gagging requirements from the state.
AGENDA ITEM 3B
JUNE 23, 2003
"Slow moving vehicles" have four (4} wheels, and they have a top speed between 20-25
MPH. They aze required by the state to be licensed, tagged, and insured. The vehicles
seen azound Atlantic Beach that have license plates, are "slow moving vehicles," and not
"golf carts."
The City of Atlantic Beach is not required to take any action to regulate "slow moving
vehicles."
The use of "golf carts ' on public streets is prohibited by state law, unless the City
Commission takes local action to allow "golf carts" on public streets.
BUDGET: None
RECOMMENDATIONS: Relative to golf carts, the recommendation is for the City
Commission to take no action.
ATTACHMENTS: Letter from Alan Jensen, City Attorney
Attorney General Opinion 2002-11
REVIEWED BY CITY MANAGER: ~Z
ITEM NUMBER:
AGENDA ITEM 3B
JUNE 23, 2003
ALAN C. JENSEN
Attorney at Law
935 North Third Street
Post Office Box 50457
Jacksonvine Beach, Florida 32240-0457
Telephone (904) 246-2500
June 3, 2003
Chief David R. Thompson
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
RE: Golf Carts in Atlantic Beach
Dear David:
Facsimile (904) 246-9960
E-Il~rail: AJensenLaw~aol.com
BY HAND DELIVERY
Enclosed is a copy of AGO 2002-11 which would prohibit Atlanfic Beach from irnposing more
restricted age or licensure requirements for the operation of golf carts on the public streets in
Atlantic Beach, than that. allowed by X316.212, Florida Statutes. As you Irnow, state statute does
not require a valid driver's license to operate a golf cart, and allows anyone 14 years or older to
operate a golf cart.
The Attorney General's opinion is very clear that the City cannot impose more restrictive
requirements than that provided by Florida Statutes. If you have any quesfions or if I can provide
ary further information to you in this regazd, please don't hesitate to contact me.
Very truly yours,
. JENSEN
ACJ/tdb
Cc: James R. Hanson, City Manager
AGENDA ITEM 313
diJNE 23, 2003
Florida Attorney General
Advisory Legal Opinion
Number: AGO 2002-11
Date: January 30, 2002
Subject: Municipal regulation of golf carts on roads
Mr. C. Dauid Coffey
Cedar Key City Attorney
Haile Village Center
5346 Southwest 91st Terrace
Gainesville, Florida 32608-7124
RE: GOLF CARTS--MOTOR VEHICLES--MUNICIPALITIES--city may not: impose
more restrictive age or licensure requirements for operation of golf
carts on public roads. s. 316.008, 316.212, and 322.04, Fla. Stat.
Dear Mr. Coffey:
You ask substantially the following questions:
1. May the City of Cedar Key impose a minimum age requirement for the
operation of a golf cart more restrictive than that allowed by
section 316.212, Florida Statutes?
2. May the city require the operator of a golf cart to have a valid
Florida drivers license?
In sum_
While the City of Cedar Key may restrict the operation of g~~lf carts
on city streets where such operation is found to be incompatible with
the normal and safe movement of traffic, the city may not impose more
restrictive age requirements upon operators of golf carts than that
allowed by state law, nor may the city require a golf cart operator
to have a valid Florida drivers license.
You state that historically the City of Cedar Key has allowed the
operation of golf carts on city streets, imposing certain age and
other restrictions on the drivers. In light of state statutes
addressing the operation of golf carts on city streets, however, the
authority of the city to impose more restrictive regulations on golf
cart operators has been raised. Due to the interrelated nature of
your questions, they will be answered together.
Chapter 316, Florida Statutes, the Florida Uniform Traffic Control
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AGENDA ITEM 3B
TUNE 23, 2003
Law, was enacted to "make uniform traffic laws to apply throughout
the state and its several counties and uniform traffic ordinances to
apply in all municipalities."[1] The purpose of the act was 'to
eliminate the "hodgepodge of ordinances which vary as to lan~3uage and
penalty," resulting in an inconvenience and hazard to travel2rs.[2]
The provisions of Chapter 316, Florida Statutes, are "applicable and
uniform throughout this state and in all political subdivisions and
municipalities therein, and no local authority shall enact or enforce
any ordinance on a matter covered by this chapter unless expressly
authorized."[3] (e.s.) This o:Efice has previously stated that Chapter
316, Florida Statutes, operates to prohibit any local legislation on
traffic control or the enforcement thereof under the police power of
a municipality, except as may be expressly authorized by the: Uniform
Traffic Control Law. [4]
Section 316.006(2)(a), Florida Statutes, provides:
"Chartered municipalities shall have original jurisdiction over all
streets and highways• located within their boundaries, except: state
roads, and may place and maintain such traffic control devices which
conform to the manual and specifications of the Department of
Transportation upon all streets and highways under their original
jurisdiction as the} shall deem necessary to indicate and to carry
out the provisions of this cYcapter or to regulate, warn, or guide
traffic."
In enacting Chapter 316, Florida Statutes, the Legislature :also
recognized that there are conditions that require municipal:~ties to
pass certain traffic ordinances regulating municipal traffic that are
not required to regulate the movement of traffic outside of
municipalities.[5] Section 316.008, Florida Statutes, expressly
recognizes areas in which local authorities may exercise control with
respect to the streets and highways under their jurisdiction and
within the reasonable exercise of the police power. Among those areas
enumerated is the power to restrict the use of streets and to
prohibit or regulate the use of heavily traveled streets by any class
or kind of traffic found to be incompatible with the normal and safe
movement of traffic.[6]
While municipalities have home rule powers to act upon any matter for
municipal purposes, municipal ordinances are inferior to laws of the
state and must not conflict with any controlling provision of a
statute.['7] As the Florida Supra Court stated in Rinzler v. Carson,
[S] "[a] municipality cannot forbid what the legislature hsis
expressly licensed, authorized or required, nor may it authorize what
the legislature has expressly forbidden."
Section 316.212, Florida Statutes, generally prohibits the operation
of golf carts upon public streets or roads, except upon those
designated by a county or city for use by golf carts. The county or
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.4GEYDA ITEM 3B
JUnE 23, 2003
city, however, is responsible for making the determination that golf
carts may safely travel on or cross the public street or road, after
considering the speed, volume, and character of the motor vehicle
traffic using the street or road. Moreover, any person operating a
golf cart in accordance with section 316.212, Florida Statutes, is
exempt from the requirement of a driver's license.[9] The
Legislature, however, has prohibited the operation of a golf' cart on
public roads or streets by any person under the age of fourt.een.[10]
Where the Legislature prescribes the manner in which something is to
be done, it acts as a prohibition against its being done in any other
way.[11] In this instance, the Legislature has specified wha may
operate a golf cart on the public roads and streets of this state.
Thus, a municipality may not prohibit the operation of a golf cart by
a person who falls within those classifications of individuzils who
the state allows to operate golf carts.
Accordingly, while the City of Cedar Key may restrict the operation
of golf carts on ciY.y streets where such operation is determined to
be incompatible witYi the normal and safe movement of traffic, the
city may not impose a more restrictive age requirement for 1:he
operation of a golf cart than that which is allowed by sect:~on
316.212, Florida Statutes, nor may the operator be required to have a
valid Florida driver's license.
Sincerely,
Robert A. Butterworth
Attorney General
RAB/tls
[1] Section 316.002, Fla. Stat.
[2] See, the preamble to Ch, 71-135, Laws of Florida, creating Ch.
316, Fla. Stat.
[3] Section 316.007, Fla
that it is unlawful for
enforce any ordinance in
Fla. Stat.
[4] See, Ops. Att'y Gen
(1996).
. Stat. See, s. 316.002, Fla. Stat., stating
any local authority to pass or attempt to
conflict with the provisions of Ch. 316,
Fla. 01-06 (2001), 98-62 (1998) anal 98-15
[5] Section 316.002, Fla. Stat.
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AGENDA ITEM 3B
TUNE 23, 2003
[6] Section 316.008(7.}(8) and (n), Fla. Stat.
[7] See, City of Miami Beach v. Rocio Corp., 404 So. 2d 1066 (Fla. 3d
DCA 1981), pet. for rev. den., 408 So. 2d 1092 (Fla. 1981).
[8] 262 Sa. 2d 661, 668 (Fla. 1972).
[9] Section 322.04(1;1(e), Fla. Stat.
[10] Section 316.212(6), Fla. Stat.
[il] See, Alsop v. Pierce, 19 So. 2d 799, 805 (Fla. 1944) (where
Legislature has prescribed the mode, that mode must be observed).
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