| 16 | | - | safety standards; amending s. 403.7192, F.S.; defining 3 |
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| 17 | | - | the term "personal mobility device"; prohibiting the 4 |
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| 18 | | - | sale of a personal mobility device using a battery 5 |
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| 19 | | - | that is not certified as meeting a specified ingress 6 |
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| 20 | | - | protection standard; providing penalties; providing an 7 |
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| 21 | | - | effective date. 8 |
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| 22 | | - | 9 |
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| 23 | | - | Be It Enacted by the Legislature of the State of Florida: 10 |
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| 24 | | - | 11 |
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| 25 | | - | Section 1. Paragraphs (d), (e), and (f) of subsection (1) 12 |
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| 26 | | - | of section 403.7192, Florida Statutes, are redesignated as 13 |
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| 27 | | - | paragraphs (e), (f), and (g), respectively, subsections (9) and 14 |
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| 28 | | - | (10) are renumbered as subsections (10) and (11), respectively, 15 |
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| 29 | | - | a new paragraph (d) is added to subsection (1), and a new 16 |
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| 30 | | - | subsection (9) is added to that section, to read: 17 |
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| 31 | | - | 403.7192 Batteries; requirements for consumer, 18 |
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| 32 | | - | manufacturers, and sellers; penalties. — 19 |
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| 33 | | - | (1) As used in this section, the term: 20 |
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| 34 | | - | (d) "Personal mobility device" means a small, lightweight 21 |
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| 35 | | - | vehicle powered by a rechargeable lithium -ion battery designed 22 |
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| 36 | | - | to transport only one person, such as an electric bicycle, 23 |
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| 37 | | - | electric skateboard, or electric scooter. 24 |
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| 38 | | - | (9)(a) A person who engages in the business of, serves in 25 |
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| 16 | + | safety standards; creating s. 316.2067, F.S.; 3 |
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| 17 | + | providing a short title; providing legislative intent; 4 |
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| 18 | + | defining the term "personal mobility device"; 5 |
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| 19 | + | requiring that certain batteries be certified as 6 |
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| 20 | + | meeting a specified ingress protection standard; 7 |
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| 21 | + | requiring manufacturers, distributors, or operators of 8 |
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| 22 | + | a personal mobility device to provide proof of such 9 |
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| 23 | + | battery certification in certain circumstances; 10 |
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| 24 | + | requiring the Department of Highway Safety and Motor 11 |
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| 25 | + | Vehicles to coordinate with local governmental 12 |
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| 26 | + | entities for compliance purposes; authorizing the 13 |
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| 27 | + | department to take certain enforcement actions; 14 |
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| 28 | + | prohibiting the sale, s hipment, operation, or charging 15 |
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| 29 | + | of certain personal mobility devices; providing for 16 |
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| 30 | + | the forfeiture of noncompliant personal mobility 17 |
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| 31 | + | devices; providing civil penalties; providing 18 |
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| 32 | + | severability; providing an effective date. 19 |
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| 33 | + | 20 |
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| 34 | + | Be It Enacted by the Legisl ature of the State of Florida: 21 |
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| 35 | + | 22 |
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| 36 | + | Section 1. Section 316.2067, Florida Statutes, is created 23 |
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| 37 | + | to read: 24 |
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| 38 | + | 316.2067 Personal mobility device batteries; ingress 25 |
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| 51 | | - | the capacity of, or acts as a commercial seller of personal 26 |
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| 52 | | - | mobility devices may not sell any personal mobility device using 27 |
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| 53 | | - | a rechargeable lithium -ion battery that is not certified by a 28 |
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| 54 | | - | recognized certification organization as meeting an 29 |
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| 55 | | - | internationally accepted ingr ess protection standard for 30 |
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| 56 | | - | electrical enclosures that provide protection against the 31 |
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| 57 | | - | effects of temporary submersion in liquid up to a depth of 1 32 |
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| 58 | | - | meter. A battery that is IPX 6 certified in accordance with 33 |
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| 59 | | - | International Electrotechnical Commission Standard No. 60529 34 |
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| 60 | | - | meets the requirements of this subsection. 35 |
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| 61 | | - | (b) A person who violates paragraph (a) is subject to an 36 |
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| 62 | | - | administrative fine, assessed by the department, of up to $1,000 37 |
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| 63 | | - | for a first violation; a fine of up to $5,000 for a second 38 |
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| 64 | | - | violation; and a fine of up to $10,000 for a third or subsequent 39 |
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| 65 | | - | violation. The department shall deposit fines collected pursuant 40 |
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| 66 | | - | to this paragraph into the General Revenue Fund. The department 41 |
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| 67 | | - | may suspend the imposition of a fine pursuant to this paragraph, 42 |
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| 68 | | - | conditioned upon the person's compliance with terms the 43 |
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| 69 | | - | department deems appropriate. 44 |
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| 70 | | - | Section 2. This act shall take effect July 1, 2025. 45 |
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| 51 | + | protection requirements; civil penalties. — 26 |
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| 52 | + | (1) This section may be cited as the "Florida E -Scooter 27 |
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| 53 | + | and E-Bike Battery Safety Act." 28 |
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| 54 | + | (2) It is the intent of the Legislature to enhance public 29 |
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| 55 | + | safety and ensure the environmental resilience of personal 30 |
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| 56 | + | mobility devices in this state by establishing minimum ingress 31 |
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| 57 | + | protection standards for batteries used to power personal 32 |
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| 58 | + | mobility devices sold, shipped, operated, or charged in this 33 |
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| 59 | + | state. 34 |
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| 60 | + | (3) As used in this section, the term "personal mobility 35 |
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| 61 | + | device" means an electrically powered device intended for 36 |
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| 62 | + | individual transport, including, but not limited to, electric 37 |
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| 63 | + | bicycles, motorized scooters, electric skateboards, and any 38 |
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| 64 | + | other small, lightweight vehicle powered by a lithium battery. 39 |
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| 65 | + | (4) Any battery used in a personal mobility device sold, 40 |
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| 66 | + | shipped, operated, or charged in this state must be certified by 41 |
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| 67 | + | a recognized certification organization as meeting an 42 |
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| 68 | + | internationally accepted ingress protection standard for 43 |
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| 69 | + | electrical enclosures that provide protection against the 44 |
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| 70 | + | effects of temporary submersion in liquid up to a depth of 1 45 |
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| 71 | + | meter. A battery that is IPX7 certified in accordance with 46 |
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| 72 | + | International Electrotechnical Commission Standard No. 60529 47 |
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| 73 | + | meets the requirements of this subsection. 48 |
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| 74 | + | (5) A manufacturer, distributor, or operator of a personal 49 |
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| 75 | + | mobility device must provide proof of certification upon request 50 |
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| 76 | + | |
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| 77 | + | HB 291 2025 |
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| 78 | + | |
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| 79 | + | |
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| 80 | + | |
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| 81 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 82 | + | hb291-00 |
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| 83 | + | Page 3 of 3 |
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| 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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| 85 | + | |
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| 86 | + | |
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| 87 | + | |
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| 88 | + | of the department or any other applicable regulatory entity of 51 |
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| 89 | + | the state and in addition to any other application materials 52 |
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| 90 | + | submitted for a license or permit issued by the state related to 53 |
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| 91 | + | such manufacture, distribution, or operation. 54 |
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| 92 | + | (6) The department shall coordinate with local 55 |
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| 93 | + | governmental entities to ensure compliance with this section and 56 |
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| 94 | + | may impose fines and seize noncompliant personal mobility 57 |
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| 95 | + | devices to enforce this section. 58 |
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| 96 | + | (7)(a) A personal mobility device powered by a battery 59 |
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| 97 | + | that is not certified as required by subsection (4) may not be 60 |
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| 98 | + | sold, shipped, operated, or charged in this state. 61 |
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| 99 | + | (b) A person who violates this subsection is subject to 62 |
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| 100 | + | the forfeiture of any noncompliant personal mobility device in 63 |
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| 101 | + | his or her possession and th e following fines: 64 |
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| 102 | + | 1. For a first violation, a fine of $250. 65 |
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| 103 | + | 2. For a second violation, a fine of $1,000. 66 |
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| 104 | + | 3. For a third violation, a fine of $10,000. 67 |
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| 105 | + | Section 2. If any provision of this act or its application 68 |
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| 106 | + | to any person or circumstance is held invalid, the invalidity 69 |
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| 107 | + | does not affect other provisions or applications of the act 70 |
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| 108 | + | which can be given effect without the invalid provision or 71 |
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| 109 | + | application, and to this end the provisions of this act are 72 |
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| 110 | + | severable. 73 |
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| 111 | + | Section 3. This act shall take ef fect July 1, 2025. 74 |
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