Florida Senate - 2019                                     SB 542
       By Senator Brandes
       24-00489A-19                                           2019542__
    1                        A bill to be entitled                      
    2         An act relating to micromobility devices and motorized
    3         scooters; amending s. 316.003, F.S.; defining the term
    4         “micromobility device”; revising the definition of the
    5         term “motorized scooter”; conforming a cross
    6         reference; amending s. 316.008, F.S.; authorizing a
    7         county or municipality to regulate the operation of
    8         micromobility devices and for-hire motorized scooters,
    9         subject to certain restrictions; authorizing a county
   10         or municipality to require that a person offering
   11         micromobility devices or for-hire motorized scooters
   12         be licensed; requiring that such license be granted if
   13         the applicant for licensure provides certain proof of
   14         insurance coverage; providing that, except for
   15         specified provisions, regulation of micromobility
   16         devices and for-hire motorized scooters is exclusively
   17         controlled by state and federal law; amending s.
   18         316.1995, F.S.; conforming a provision to changes made
   19         by the act; amending s. 316.2128, F.S.; providing that
   20         the operator of a micromobility device or motorized
   21         scooter has all of the rights and duties applicable to
   22         the rider of a bicycle, except the duties imposed by
   23         specified provisions that by their nature do not
   24         apply; exempting a micromobility device or motorized
   25         scooter from certain registration, insurance, and
   26         licensing requirements; providing that a person is not
   27         required to have a valid driver license to operate a
   28         micromobility device or motorized scooter; authorizing
   29         the parking of a micromobility device or motorized
   30         scooter on sidewalks, subject to certain requirements;
   31         deleting specified requirements for the sale of
   32         motorized scooters; amending s. 316.2225, F.S.;
   33         exempting micromobility devices and motorized scooters
   34         from certain emblem requirements; amending s. 655.960,
   35         F.S.; conforming a cross-reference; providing an
   36         effective date.
   38  Be It Enacted by the Legislature of the State of Florida:
   40         Section 1. Present subsections (38) through (101) of
   41  section 316.003, Florida Statutes, are redesignated as
   42  subsections (39) through (102), respectively, a new subsection
   43  (38) is added to that section, and present subsections (44) and
   44  (59) of that section are amended, to read:
   45         316.003 Definitions.—The following words and phrases, when
   46  used in this chapter, shall have the meanings respectively
   47  ascribed to them in this section, except where the context
   48  otherwise requires:
   49         (38) MICROMOBILITY DEVICE.—Any motorized transportation
   50  device made available for private use by reservation through an
   51  online application, website, or software for point-to-point
   52  trips, which is incapable of traveling at speeds greater than 20
   53  miles per hour on level ground. This term includes motorized
   54  scooters and bicycles as defined in this section.
   55         (45)(44) MOTORIZED SCOOTER.—Any vehicle or micromobility
   56  device that is powered by a motor with or without not having a
   57  seat or saddle for the use of the rider, designed to travel on
   58  not more than three wheels, and not capable of propelling the
   59  vehicle at a speed greater than 20 30 miles per hour on level
   60  ground.
   61         (60)(59) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   62  provided in paragraph (82)(b) (81)(b), any privately owned way
   63  or place used for vehicular travel by the owner and those having
   64  express or implied permission from the owner, but not by other
   65  persons.
   66         Section 2. Subsection (9) is added to section 316.008,
   67  Florida Statutes, to read:
   68         316.008 Powers of local authorities.—
   69         (9)(a) A county or municipality may regulate the operation
   70  of micromobility devices and for-hire motorized scooters;
   71  however, any such ordinance or regulation may not conflict with
   72  this chapter or federal law and may not be more restrictive than
   73  the county’s or municipality’s regulation of bicycles.
   74         (b) A county or municipality may require a person offering
   75  micromobility devices or for-hire motorized scooters to be
   76  licensed. The license must be granted if the applicant for
   77  licensure provides proof of:
   78         1. Commercial general liability insurance coverage with a
   79  limit of at least $1 million per occurrence and with a $5
   80  million aggregate limit; and
   81         2. If the applicant employs persons within the jurisdiction
   82  of the county or municipality, workers’ compensation coverage
   83  that meets the minimum requirements under chapter 440 and the
   84  Florida Insurance Code.
   85         (c) Except as provided in this section, regulation of
   86  micromobility devices and for-hire motorized scooters is
   87  exclusively controlled by state and federal law.
   88         Section 3. Section 316.1995, Florida Statutes, is amended
   89  to read:
   90         316.1995 Driving upon sidewalk or bicycle path.—
   91         (1) Except as provided in s. 316.008, s. 316.2128, or s.
   92  316.212(8), a person may not drive any vehicle other than by
   93  human power upon a bicycle path, sidewalk, or sidewalk area,
   94  except upon a permanent or duly authorized temporary driveway.
   95         (2) A violation of this section is a noncriminal traffic
   96  infraction, punishable as a moving violation as provided in
   97  chapter 318.
   98         (3) This section does not apply to motorized wheelchairs.
   99         Section 4. Section 316.2128, Florida Statutes, is amended
  100  to read:
  101         316.2128 Operation of micromobility devices, motorized
  102  scooters, and miniature motorcycles; requirements for sales of
  103  miniature motorcycles.—
  104         (1) The operator of a micromobility device or motorized
  105  scooter has all of the rights and duties applicable to the rider
  106  of a bicycle under s. 316.2065, except the duties imposed by s.
  107  316.2065(2) and (3)(b) and (3)(c), which by their nature do not
  108  apply.
  109         (2) A micromobility device or motorized scooter is not
  110  required to satisfy the registration and insurance requirements
  111  of s. 320.02 or the licensing requirements of s. 316.605.
  112         (3) A person is not required to have a valid driver license
  113  to operate a micromobility device or motorized scooter.
  114         (4) A person may park a micromobility device or motorized
  115  scooter on sidewalks in a manner that does not impede the normal
  116  movement of pedestrian traffic to adhere with local ordinances
  117  and state or federal laws.
  118         (5)(1) A person who engages in the business of, serves in
  119  the capacity of, or acts as a commercial seller of motorized
  120  scooters or miniature motorcycles in this state must prominently
  121  display at his or her place of business a notice that such
  122  vehicles are not legal to operate on public roads, may not be
  123  registered as motor vehicles, and may not be operated on
  124  sidewalks unless authorized by an ordinance enacted pursuant to
  125  s. 316.008(7)(a) or s. 316.212(8). The required notice must also
  126  appear in all forms of advertising offering motorized scooters
  127  or miniature motorcycles for sale. The notice and a copy of this
  128  section must also be provided to a consumer prior to the
  129  consumer’s purchasing or becoming obligated to purchase a
  130  motorized scooter or a miniature motorcycle.
  131         (6)(2) Any person selling or offering a motorized scooter
  132  or a miniature motorcycle for sale in violation of this section
  133  commits an unfair and deceptive trade practice as defined in
  134  part II of chapter 501.
  135         Section 5. Subsection (7) of section 316.2225, Florida
  136  Statutes, is amended to read:
  137         316.2225 Additional equipment required on certain
  138  vehicles.—In addition to other equipment required in this
  139  chapter, the following vehicles shall be equipped as herein
  140  stated under the conditions stated in s. 316.217.
  141         (7) On every slow-moving vehicle or equipment, animal-drawn
  142  vehicle, or other machinery designed for use and speeds less
  143  than 25 miles per hour, excluding micromobility devices and
  144  motorized scooters, but including all road construction and
  145  maintenance machinery except when engaged in actual construction
  146  or maintenance work either guarded by a flagger or a clearly
  147  visible warning sign, which normally travels or is normally used
  148  at a speed of less than 25 miles per hour and which is operated
  149  on a public highway, there must be:
  150         (a) a triangular slow-moving vehicle emblem SMV as
  151  described in, and displayed as provided in, this subsection
  152  paragraph (b).
  153         (a) The requirement of the emblem shall be in addition to
  154  any other equipment required by law. The emblem shall not be
  155  displayed on objects which are customarily stationary in use
  156  except while being transported on the roadway of any public
  157  highway of this state.
  158         (b) The Department of Highway Safety and Motor Vehicles
  159  shall adopt such rules and regulations as are required to carry
  160  out the purpose of this section. The requirements of such rules
  161  and regulations shall incorporate the current specifications for
  162  SMV emblems of the American Society of Agricultural Engineers.
  163         Section 6. Subsection (1) of section 655.960, Florida
  164  Statutes, is amended to read:
  165         655.960 Definitions; ss. 655.960-655.965.—As used in this
  166  section and ss. 655.961-655.965, unless the context otherwise
  167  requires:
  168         (1) “Access area” means any paved walkway or sidewalk which
  169  is within 50 feet of any automated teller machine. The term does
  170  not include any street or highway open to the use of the public,
  171  as defined in s. 316.003(82)(a) or (b) s. 316.003(81)(a) or (b),
  172  including any adjacent sidewalk, as defined in s. 316.003.
  173         Section 7. This act shall take effect upon becoming a law.