HB 597 2023
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hb0597-00
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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
A bill to be entitled 1
An act relating to the operation of electric bicycles 2
and motorized scooters; amending s. 316.1995, F.S.; 3
authorizing a violation relating to the operation of 4
certain electric bicycles or motorized scooters to be 5
punishable as provided in a local government 6
ordinance; limiting the amount of a fine authorized 7
for such violation; amending s. 316.20655, F.S.; 8
authorizing a local government to adopt an ordinance 9
relating to the operation of certain electric bicycles 10
in order to protect the public; requiring the local 11
government to provide certain notice of the adoption 12
and enforcement of such ordinance; amending s. 13
316.2128, F.S.; authorizing a local government to 14
adopt an ordinance relating to the operation of 15
certain motorized scooters in order to protect the 16
public; requiring the local government to provide 17
certain notice of the adoption and enforcement of such 18
ordinance; providing an effective date. 19
20
Be It Enacted by the Legislature of the State of Florida: 21
22
Section 1. Section 316.1995, Florida Statutes, is amended 23
to read: 24
316.1995 Driving upon sidewalk or bicycle path. — 25
HB 597 2023
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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
(1) Except as provided in s. 316.008, s. 316.20655, s. 26
316.212(8), or s. 316.2128, a person may not drive any vehicle 27
other than by human power upon a bicycle path, sidewalk, or 28
sidewalk area, except upon a permanent or duly authorized 29
temporary driveway. 30
(2) A violation of this section is a noncriminal traffic 31
infraction, punishable : 32
(a) As a moving violation as provided in chapter 318 ; or 33
(b) As provided in a local government ordinance relating 34
to the operation and equipment of personal electric bicycles or 35
personal motorized scooters that are not for rent or hire. A 36
fine imposed by such an ordinance for a violation of this 37
section may not exceed the fine for a moving violation as 38
provided in chapter 318 . 39
(3) This section does not apply to motorized wheelchairs. 40
Section 2. Subsection (1) of section 316.20655, Florida 41
Statutes, is amended to read: 42
316.20655 Electric bicycle regulations. — 43
(1) Except as otherwise provided in this section, an 44
electric bicycle or an operator of an electric bicycle shall be 45
afforded all the rights and privileges, and be subject to all of 46
the duties, of a bicycle or the operator of a bicycle, including 47
s. 316.2065. An electric bicycle is a vehicle to the same extent 48
as a bicycle. However, this section does may not: 49
(a) be construed to Prevent a local government, through 50
HB 597 2023
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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
the exercise of its powe rs under s. 316.008, from adopting an 51
ordinance governing the operation of electric bicycles on 52
streets, highways, sidewalks, and sidewalk areas located within 53
under the local government's jurisdictional boundaries. A local 54
government may also adopt an ord inance relating to the operation 55
and equipment of personal electric bicycles that are not for 56
rent or hire in order to preserve and protect the safety and 57
welfare of the public. Upon adoption of such ordinance, the 58
local government shall post appropriate s igns or otherwise 59
inform residents that such an ordinance has been adopted and 60
will be enforced within the local government's jurisdictional 61
boundaries jurisdiction; to 62
(b) Prevent a municipality, county, or agency of the state 63
having jurisdiction over a bicycle path, multiuse path, or trail 64
network from restricting or prohibiting the operation of an 65
electric bicycle on a bicycle path, multiuse path, or trail 66
network; or to 67
(c) Prevent a municipality, county, or agency of the state 68
having jurisdiction o ver a beach as defined in s. 161.54(3) or a 69
dune as defined in s. 161.54(4) from restricting or prohibiting 70
the operation of an electric bicycle on such beach or dune. 71
Section 3. Subsection (1) of section 316.2128, Florida 72
Statutes, is amended to read: 73
316.2128 Micromobility devices, motorized scooters, and 74
miniature motorcycles; requirements. — 75
HB 597 2023
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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
(1) The operator of a motorized scooter or micromobility 76
device has all of the rights and duties applicable to the rider 77
of a bicycle under s. 316.2065, exce pt the duties imposed by s. 78
316.2065(2), (3)(b), and (3)(c), which by their nature do not 79
apply. However, this section does may not be construed to 80
prevent a local government, through the exercise of its powers 81
under s. 316.008, from adopting an ordinance governing the 82
operation of micromobility devices and motorized scooters on 83
streets, highways, sidewalks, and sidewalk areas located within 84
under the local government's jurisdictional boundaries 85
jurisdiction. A local government may also adopt an ordinance 86
relating to the operation and equipment of personal motorized 87
scooters that are not for rent or hire in order to preserve and 88
protect the safety and welfare of the public. Upon adoption of 89
such ordinance, the local government shall post appropriate 90
signs or otherwise inform residents that such an ordinance has 91
been adopted and will be enforced within the local government's 92
jurisdictional boundaries. 93
Section 4. This act shall take effect July 1, 2023. 94