Managing partner Dale Swope recently testified before the Florida Senate Appropriations Committee on Transportation, Tourism and Economic Development, speaking on behalf of the Florida Justice Association regarding proposed legislation that would allow utility terrain vehicles (UTVs) on public roadways. His testimony highlighted critical safety concerns and underscored the firm’s commitment to protecting Florida families from preventable injuries.
“This bill would generate a lot of lawsuits, and if people think that’s what the FJA is all about, that we’d be supporting it, that is not. We’re about trying to make things safer.” – Dale Swope
The Proposed Legislation
Senate Bill 356, sponsored by Senator Tom Wright, would empower local governments to legalize UTVs on public streets. While the bill includes some safety requirements such as lights, seatbelts, and rearview mirrors, it would allow these off-road vehicles to operate at speeds up to 65 mph on roads with speed limits under 55 mph, including nighttime operation.
UTVs are currently manufactured exclusively for off-road use and do not meet federal motor vehicle safety standards. Unlike cars and trucks designed for paved roads, UTVs have a high center of gravity that makes them prone to rollovers, and their off-road tires do not grip pavement effectively.
Broad Opposition to the Bill
In testimony that drew attention from legislators and media alike, Dale noted the rare alignment of groups opposing Senator Wright’s proposal. As quoted in The Daytona Beach News-Journal, Dale stated: “It’s a rare day in this Senate when the Florida Insurance Council and the Florida Justice Association and a manufacturer all join up to tell you this is a bad bill.”
The opposition coalition included:
- The Recreational Off-Highway Vehicle Association, representing manufacturers including Honda, Kawasaki, and Bombardier
- The Florida Insurance Council
- The Florida Justice Association, a trial lawyers organization
- Multiple legislators from both parties
Public Safety Concerns
Dale’s testimony emphasized that the Florida Justice Association’s opposition was rooted in genuine safety concerns. “This bill would generate a lot of lawsuits, and if people think that’s what the FJA is all about, that we’d be supporting it, that is not. We’re about trying to make things safer.”
While our firm has built its reputation on holding negligent parties accountable and securing justice for injured victims, we believe the best outcome is one where injuries never occur in the first place.
What the Manufacturers Say
Winn Peeples, representing the Recreational Off-Highway Vehicle Association, told the committee that “UTV manufacturers design, test and sell UTVs for off-highway use only. Unlike cars and trucks, UTVs do not meet federal motor vehicle standards. Allowing UTVs on roadways falsely signals that this practice is safe and it is not.”
Manufacturers warn that UTVs “do not handle properly on paved roads, putting operators at risk of losing control and crashing,” and that these risks persist even when owners install street tires or make other modifications to comply with legal requirements.
The Real-World Consequences
The safety concerns are not theoretical. According to data cited during the hearing and in subsequent reporting, Florida has seen dozens of UTV-related fatalities in recent years. The Consumer Federation of America reports that 67% of off-highway vehicle deaths occur on public roads, exactly the type of usage Senator Wright’s bill would expand.
Additional safety concerns raised during the hearing included:
- UTVs narrow headlight and taillight spacing creates a false sense of distance for other drivers, increasing the risk of rear-end and head-on collisions
- Smaller size makes them less visible to conventional vehicle operators
- Unlike golf carts, the bill would permit nighttime operation, when visibility issues are most acute
- The significant speed difference between UTVs and conventional vehicles on shared roadways
Our Commitment to Public Safety
Dale’s testimony before the Florida Senate exemplifies Swope, Rodante P.A.’s broader commitment to public safety advocacy. As former president of the Florida Justice Association and a Board Certified Civil Trial Attorney with over four decades of experience, Dale has consistently worked to improve safety standards and protect Florida families.
While our firm has built its reputation on successfully representing victims of catastrophic injuries, medical malpractice, and insurance bad faith, we believe that advocacy extends beyond the courtroom. When legislation threatens public safety, we have a responsibility to speak up—even when opposing such legislation might reduce future cases for trial lawyers.
This principled stance reflects the values that have guided our firm since Dale founded it as a solo practice in 1979: putting people before profits, fighting for the underdog, and working to make our communities safer for everyone.
About Swope, Rodante P.A.
Swope, Rodante P.A. is a Florida personal injury law firm specializing in catastrophic injury cases, medical malpractice, and insurance bad faith litigation. Founded in 1979, the firm has earned recognition as a U.S. News “Best Law Firms” honoree annually since 2010 and maintains the highest ratings from Martindale-Hubbell, Super Lawyers, and AVVO. For more information, call (813) 273-0017.
