Recently, several homeowners contacted the Reunion West POA about golf carts driven on the streets.  Several observed that golf carts are sometimes driven by youth, some of whom may not possess a driver’s license.  Also, some homeowners commented that at times golf carts are driven erratically.

Effective October 1, 2023, all golf cart drivers under age 18 must possess a valid learner’s driver license or valid driver license. Those age 18 or older must possess a form of government-issued photographic identification.  Here is the link from the State of Florida: https://www.flsenate.gov/Session/Bill/2023/949.

This article addresses whether golf carts are permitted on roads at Reunion West and what authority the Reunion West POA has to prevent the actions described above.

What are the golf cart rules under Florida law?

Below is a link to a “Public Service Announcement” (“PSA”) by the Reunion West Community Development District (“CDD”) regarding golf carts on roads owned by the CDD.   All paved roads within Reunion West are owned by the CDD.  Public service announcement by the CDD — golf carts on public roads in Reunion.pdf

The CDD PSA reminds us that roads at Reunion West are public roads.  Regulation of traffic on public roads falls under Chapter 316 of the Florida Statutes.  Our understanding of the PSA and Florida law is as follows:

• In general, the operation of golf carts on Reunion West’s public roads is prohibited unless permitted by the statute (see more below).
• Golf carts are permitted on public roads ONLY IF the golf cart qualifies as a “low-speed vehicle”.  The requirements for a “low speed vehicle” are quite strict.  For example:
  • The low-speed golf cart must  (i) have a top speed greater than 20 miles per hour but less than 25 miles per hour; (ii) be insured; (iii) be titled and registered; (iv) have headlamps, stop lamps, turn signal lamps, tail lamps, and reflex reflectors; (v) have a parking brake; (vi) have rearview mirrors; (vii) have windshields; (viii) have seat belts; (ix) and have a vehicle identification number.
  • Low-speed golf carts can only be driven by a licensed driver.
  • Low-speed golf carts cannot be driven on sidewalks or bicycle paths.
  • Drivers cannot be under the influence of alcohol and cannot have any open containers.
  • (See Florida Statutes Section 316.212; Section 316.2122, et.seq.)

Because some golf carts are potentially legal to operate on Reunion West streets, it is challenging to differentiate between legal and illegal golf carts.

What can our POA private security team do to control the actions described above involving golf carts?

Under Florida state law, our private security guards are not law enforcement officers and have no police powers.  Accordingly, as private security officers, our security guards cannot arrest individuals, cannot use force in carrying out their responsibilities and cannot issue traffic violations.  (See Florida Statute § 493.6113(3)(b)).

Our private security team can attempt to stop underage drivers on golf carts or erratic drivers.  But they can only ask the drivers to behave better.  Even then, competing duties prevent the security force from stopping all golf carts.  When the community is nearly full, there are numerous golf carts on property eroding the ability of our private security team to control all golf carts.  From time to time the POA hires off-duty law enforcement to patrol our streets.  But we have a limited budget and can only hire off-duty law enforcement during select times.

Finally, as noted below, the roads at Reunion West are public roads owned by the CDD.  The POA cannot issue fines or otherwise use its covenants to restrict behavior in this situation.

What can you do as a homeowner about golf carts?

Both the CDD and the POA are concerned about the potential for injury and damage to property resulting from golf carts – especially those that are in violation of Florida law.

We recommend that homeowners and their property managers share references to Florida law with their guests who use golf carts.

If you observe troubling behavior with golf carts, please call the Osceola Sheriff’s Office as only law enforcement can enforce Florida laws.  You can also contact security, but security does not have authority to enforce Florida law.

Please note that the Reunion West POA is not a law firm, and the POA did not engage lawyers to qualify the above statements or the statements in the CDD PSA.  Please rely on your own legal counsel regarding Florida law and any potential liability to homeowners if they allow guests to use golf carts while staying in their home.