Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 542
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/27/2019           .                                

       The Committee on Infrastructure and Security (Brandes)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (38) through (101) of
    6  section 316.003, Florida Statutes, are redesignated as
    7  subsections (39) through (102), respectively, a new subsection
    8  (38) is added to that section, and present subsections (44) and
    9  (59) of that section are amended, to read:
   10         316.003 Definitions.—The following words and phrases, when
   11  used in this chapter, shall have the meanings respectively
   12  ascribed to them in this section, except where the context
   13  otherwise requires:
   14         (38) MICROMOBILITY DEVICE.—Any motorized transportation
   15  device made available for private use by reservation through an
   16  online application, website, or software for point-to-point
   17  trips and which is not capable of traveling at a speed greater
   18  than 20 miles per hour on level ground. This term includes
   19  motorized scooters and bicycles as defined in this chapter.
   20         (45)(44) MOTORIZED SCOOTER.—Any vehicle or micromobility
   21  device that is powered by a motor with or without not having a
   22  seat or saddle for the use of the rider, which is designed to
   23  travel on not more than three wheels, and which is not capable
   24  of propelling the vehicle at a speed greater than 20 30 miles
   25  per hour on level ground.
   26         (60)(59) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   27  provided in paragraph (82)(b) (81)(b), any privately owned way
   28  or place used for vehicular travel by the owner and those having
   29  express or implied permission from the owner, but not by other
   30  persons.
   31         Section 2. Section 316.1995, Florida Statutes, is amended
   32  to read:
   33         316.1995 Driving upon sidewalk or bicycle path.—
   34         (1) Except as provided in s. 316.008, or s. 316.212(8), or
   35  s. 316.2128, a person may not drive any vehicle other than by
   36  human power upon a bicycle path, sidewalk, or sidewalk area,
   37  except upon a permanent or duly authorized temporary driveway.
   38         (2) A violation of this section is a noncriminal traffic
   39  infraction, punishable as a moving violation as provided in
   40  chapter 318.
   41         (3) This section does not apply to motorized wheelchairs.
   42         Section 3. Section 316.2128, Florida Statutes, is amended
   43  to read:
   44         316.2128 Operation of Micromobility devices, motorized
   45  scooters, and miniature motorcycles; requirements for sales.—
   46         (1) The operator of a motorized scooter or micromobility
   47  device has all of the rights and duties applicable to the rider
   48  of a bicycle under s. 316.2065, except the duties imposed by s.
   49  316.2065(2), (3)(b), and (3)(c), which by their nature do not
   50  apply.
   51         (2) A motorized scooter or micromobility device is not
   52  required to satisfy the registration and insurance requirements
   53  of s. 320.02 or the licensing requirements of s. 316.605.
   54         (3) A person is not required to have a driver license to
   55  operate a motorized scooter or micromobility device.
   56         (4) A person who offers motorized scooters or micromobility
   57  devices for hire is responsible for securing all such devices
   58  located in any area of the state where an active tropical storm
   59  or hurricane warning has been issued by the National Weather
   60  Service.
   61         (5)(1) A person who engages in the business of, serves in
   62  the capacity of, or acts as a commercial seller of motorized
   63  scooters or miniature motorcycles in this state must prominently
   64  display at his or her place of business a notice that such
   65  vehicles are not legal to operate on public roads, may not be
   66  registered as motor vehicles, and may not be operated on
   67  sidewalks unless authorized by an ordinance enacted pursuant to
   68  s. 316.008(7)(a) or s. 316.212(8). The required notice must also
   69  appear in all forms of advertising offering motorized scooters
   70  or miniature motorcycles for sale. The notice and a copy of this
   71  section must also be provided to a consumer prior to the
   72  consumer’s purchasing or becoming obligated to purchase a
   73  motorized scooter or a miniature motorcycle.
   74         (6)(2) Any person selling or offering a motorized scooter
   75  or a miniature motorcycle for sale in violation of this section
   76  commits an unfair and deceptive trade practice as defined in
   77  part II of chapter 501.
   78         Section 4. Subsection (7) of section 316.2225, Florida
   79  Statutes, is amended to read:
   80         316.2225 Additional equipment required on certain
   81  vehicles.—In addition to other equipment required in this
   82  chapter, the following vehicles shall be equipped as herein
   83  stated under the conditions stated in s. 316.217.
   84         (7) On every slow-moving vehicle or equipment, animal-drawn
   85  vehicle, or other machinery designed for use and speeds less
   86  than 25 miles per hour, excluding electric personal assistive
   87  mobility devices and motorized scooters, but including all road
   88  construction and maintenance machinery except when engaged in
   89  actual construction or maintenance work either guarded by a
   90  flagger or a clearly visible warning sign, which normally
   91  travels or is normally used at a speed of less than 25 miles per
   92  hour and which is operated on a public highway, there must be:
   93         (a) a triangular slow-moving vehicle emblem SMV as
   94  described in, and displayed as provided in, this subsection
   95  paragraph (b).
   96         (a) The requirement of the emblem shall be in addition to
   97  any other equipment required by law. The emblem shall not be
   98  displayed on objects which are customarily stationary in use
   99  except while being transported on the roadway of any public
  100  highway of this state.
  101         (b) The Department of Highway Safety and Motor Vehicles
  102  shall adopt such rules and regulations as are required to carry
  103  out the purpose of this section. The requirements of such rules
  104  and regulations shall incorporate the current specifications for
  105  SMV emblems of the American Society of Agricultural Engineers.
  106         Section 5. Paragraph (a) of subsection (1) of section
  107  320.01, Florida Statutes, is amended to read:
  108         320.01 Definitions, general.—As used in the Florida
  109  Statutes, except as otherwise provided, the term:
  110         (1) “Motor vehicle” means:
  111         (a) An automobile, motorcycle, truck, trailer, semitrailer,
  112  truck tractor and semitrailer combination, or any other vehicle
  113  operated on the roads of this state, used to transport persons
  114  or property, and propelled by power other than muscular power,
  115  but the term does not include traction engines, road rollers,
  116  motorized scooters, micromobility devices, personal delivery
  117  devices and mobile carriers as defined in s. 316.003, special
  118  mobile equipment as defined in s. 316.003, vehicles that run
  119  only upon a track, bicycles, swamp buggies, or mopeds.
  120         Section 6. Subsection (1) of section 655.960, Florida
  121  Statutes, is amended to read:
  122         655.960 Definitions; ss. 655.960-655.965.—As used in this
  123  section and ss. 655.961-655.965, unless the context otherwise
  124  requires:
  125         (1) “Access area” means any paved walkway or sidewalk which
  126  is within 50 feet of any automated teller machine. The term does
  127  not include any street or highway open to the use of the public,
  128  as defined in s. 316.003(82)(a) or (b) s. 316.003(81)(a) or (b),
  129  including any adjacent sidewalk, as defined in s. 316.003.
  130         Section 7. This act shall take effect upon becoming a law.
  132  ================= T I T L E  A M E N D M E N T ================
  133  And the title is amended as follows:
  134         Delete everything before the enacting clause
  135  and insert:
  136                        A bill to be entitled                      
  137         An act relating to mobility devices and motorized
  138         scooters; amending s. 316.003, F.S.; defining the term
  139         “micromobility device”; revising the definition of the
  140         term “motorized scooter”; conforming a cross
  141         reference; amending s. 316.1995, F.S.; conforming a
  142         provision to changes made by the act; amending s.
  143         316.2128, F.S.; providing that the operator of a
  144         motorized scooter or micromobility device has all of
  145         the rights and duties applicable to the rider of a
  146         bicycle, except the duties imposed by specified
  147         provisions that by their nature do not apply;
  148         exempting a motorized scooter or micromobility device
  149         from certain registration, insurance, and licensing
  150         requirements; providing that a person is not required
  151         to have a driver license to operate a motorized
  152         scooter or micromobility device; requiring a person
  153         who offers motorized scooters or micromobility devices
  154         for hire to be responsible for securing all such
  155         devices located in any area of the state where a
  156         certain warning has been issued by the National
  157         Weather Service; deleting specified requirements for
  158         the sale of motorized scooters; amending s. 316.2225,
  159         F.S.; exempting electric personal assistive mobility
  160         devices and motorized scooters from certain emblem
  161         requirements; amending s. 320.01, F.S.; revising the
  162         definition of the term “motor vehicle”; amending s.
  163         655.960, F.S.; conforming a cross-reference; providing
  164         an effective date.