Florida 2023 Regular Session

Florida House Bill H0597 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 597 2023
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to the operation of electric bicycles 2
16	16	and motorized scooters; amending s. 316.1995, F.S.; 3
17	17	authorizing a violation relating to the operation of 4
18	18	certain electric bicycles or motorized scooters to be 5
19	19	punishable as provided in a local government 6
20	20	ordinance; limiting the amount of a fine authorized 7
21	21	for such violation; amending s. 316.20655, F.S.; 8
22	22	authorizing a local government to adopt an ordinance 9
23	23	relating to the operation of certain electric bicycles 10
24	24	in order to protect the public; requiring the local 11
25	25	government to provide certain notice of the adoption 12
26	26	and enforcement of such ordinance; amending s. 13
27	27	316.2128, F.S.; authorizing a local government to 14
28	28	adopt an ordinance relating to the operation of 15
29	29	certain motorized scooters in order to protect the 16
30	30	public; requiring the local government to provide 17
31	31	certain notice of the adoption and enforcement of such 18
32	32	ordinance; providing an effective date. 19
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34	34	Be It Enacted by the Legislature of the State of Florida: 21
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36	36	Section 1. Section 316.1995, Florida Statutes, is amended 23
37	37	to read: 24
38	38	316.1995 Driving upon sidewalk or bicycle path. — 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	(1) Except as provided in s. 316.008, s. 316.20655, s. 26
52	52	316.212(8), or s. 316.2128, a person may not drive any vehicle 27
53	53	other than by human power upon a bicycle path, sidewalk, or 28
54	54	sidewalk area, except upon a permanent or duly authorized 29
55	55	temporary driveway. 30
56	56	(2) A violation of this section is a noncriminal traffic 31
57	57	infraction, punishable : 32
58	58	(a) As a moving violation as provided in chapter 318 ; or 33
59	59	(b) As provided in a local government ordinance relating 34
60	60	to the operation and equipment of personal electric bicycles or 35
61	61	personal motorized scooters that are not for rent or hire. A 36
62	62	fine imposed by such an ordinance for a violation of this 37
63	63	section may not exceed the fine for a moving violation as 38
64	64	provided in chapter 318 . 39
65	65	(3) This section does not apply to motorized wheelchairs. 40
66	66	Section 2. Subsection (1) of section 316.20655, Florida 41
67	67	Statutes, is amended to read: 42
68	68	316.20655 Electric bicycle regulations. — 43
69	69	(1) Except as otherwise provided in this section, an 44
70	70	electric bicycle or an operator of an electric bicycle shall be 45
71	71	afforded all the rights and privileges, and be subject to all of 46
72	72	the duties, of a bicycle or the operator of a bicycle, including 47
73	73	s. 316.2065. An electric bicycle is a vehicle to the same extent 48
74	74	as a bicycle. However, this section does may not: 49
75	75	(a) be construed to Prevent a local government, through 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	the exercise of its powe rs under s. 316.008, from adopting an 51
89	89	ordinance governing the operation of electric bicycles on 52
90	90	streets, highways, sidewalks, and sidewalk areas located within 53
91	91	under the local government's jurisdictional boundaries. A local 54
92	92	government may also adopt an ord inance relating to the operation 55
93	93	and equipment of personal electric bicycles that are not for 56
94	94	rent or hire in order to preserve and protect the safety and 57
95	95	welfare of the public. Upon adoption of such ordinance, the 58
96	96	local government shall post appropriate s igns or otherwise 59
97	97	inform residents that such an ordinance has been adopted and 60
98	98	will be enforced within the local government's jurisdictional 61
99	99	boundaries jurisdiction; to 62
100	100	(b) Prevent a municipality, county, or agency of the state 63
101	101	having jurisdiction over a bicycle path, multiuse path, or trail 64
102	102	network from restricting or prohibiting the operation of an 65
103	103	electric bicycle on a bicycle path, multiuse path, or trail 66
104	104	network; or to 67
105	105	(c) Prevent a municipality, county, or agency of the state 68
106	106	having jurisdiction o ver a beach as defined in s. 161.54(3) or a 69
107	107	dune as defined in s. 161.54(4) from restricting or prohibiting 70
108	108	the operation of an electric bicycle on such beach or dune. 71
109	109	Section 3. Subsection (1) of section 316.2128, Florida 72
110	110	Statutes, is amended to read: 73
111	111	316.2128 Micromobility devices, motorized scooters, and 74
112	112	miniature motorcycles; requirements. — 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	(1) The operator of a motorized scooter or micromobility 76
126	126	device has all of the rights and duties applicable to the rider 77
127	127	of a bicycle under s. 316.2065, exce pt the duties imposed by s. 78
128	128	316.2065(2), (3)(b), and (3)(c), which by their nature do not 79
129	129	apply. However, this section does may not be construed to 80
130	130	prevent a local government, through the exercise of its powers 81
131	131	under s. 316.008, from adopting an ordinance governing the 82
132	132	operation of micromobility devices and motorized scooters on 83
133	133	streets, highways, sidewalks, and sidewalk areas located within 84
134	134	under the local government's jurisdictional boundaries 85
135	135	jurisdiction. A local government may also adopt an ordinance 86
136	136	relating to the operation and equipment of personal motorized 87
137	137	scooters that are not for rent or hire in order to preserve and 88
138	138	protect the safety and welfare of the public. Upon adoption of 89
139	139	such ordinance, the local government shall post appropriate 90
140	140	signs or otherwise inform residents that such an ordinance has 91
141	141	been adopted and will be enforced within the local government's 92
142	142	jurisdictional boundaries. 93
143	143	Section 4. This act shall take effect July 1, 2023. 94