Florida Senate - 2019                              CS for SB 542
       By the Committee on Infrastructure and Security; and Senator
       596-03530-19                                           2019542c1
    1                        A bill to be entitled                      
    2         An act relating to mobility 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. 316.1995, F.S.; conforming a
    7         provision to changes made by the act; amending s.
    8         316.2128, F.S.; providing that the operator of a
    9         motorized scooter or micromobility device has all of
   10         the rights and duties applicable to the rider of a
   11         bicycle, except the duties imposed by specified
   12         provisions that by their nature do not apply;
   13         providing for construction; exempting a motorized
   14         scooter or micromobility device from certain
   15         registration, insurance, and licensing requirements;
   16         providing that a person is not required to have a
   17         driver license to operate a motorized scooter or
   18         micromobility device; requiring a person who offers
   19         motorized scooters or micromobility devices for hire
   20         to be responsible for securing all such devices
   21         located in any area of the state where a certain
   22         warning has been issued by the National Weather
   23         Service; deleting specified requirements for the sale
   24         of motorized scooters; amending s. 316.2225, F.S.;
   25         exempting electric personal assistive mobility devices
   26         and motorized scooters from certain emblem
   27         requirements; amending s. 320.01, F.S.; revising the
   28         definition of the term “motor vehicle”; amending s.
   29         655.960, F.S.; conforming a cross-reference; providing
   30         an effective date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Present subsections (38) through (101) of
   35  section 316.003, Florida Statutes, are redesignated as
   36  subsections (39) through (102), respectively, a new subsection
   37  (38) is added to that section, and present subsections (44) and
   38  (59) of that section are amended, to read:
   39         316.003 Definitions.—The following words and phrases, when
   40  used in this chapter, shall have the meanings respectively
   41  ascribed to them in this section, except where the context
   42  otherwise requires:
   43         (38) MICROMOBILITY DEVICE.—Any motorized transportation
   44  device made available for private use by reservation through an
   45  online application, website, or software for point-to-point
   46  trips and which is not capable of traveling at a speed greater
   47  than 20 miles per hour on level ground. This term includes
   48  motorized scooters and bicycles as defined in this chapter.
   49         (45)(44) MOTORIZED SCOOTER.—Any vehicle or micromobility
   50  device that is powered by a motor with or without not having a
   51  seat or saddle for the use of the rider, which is designed to
   52  travel on not more than three wheels, and which is not capable
   53  of propelling the vehicle at a speed greater than 20 30 miles
   54  per hour on level ground.
   55         (60)(59) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   56  provided in paragraph (82)(b) (81)(b), any privately owned way
   57  or place used for vehicular travel by the owner and those having
   58  express or implied permission from the owner, but not by other
   59  persons.
   60         Section 2. Section 316.1995, Florida Statutes, is amended
   61  to read:
   62         316.1995 Driving upon sidewalk or bicycle path.—
   63         (1) Except as provided in s. 316.008, or s. 316.212(8), or
   64  s. 316.2128, a person may not drive any vehicle other than by
   65  human power upon a bicycle path, sidewalk, or sidewalk area,
   66  except upon a permanent or duly authorized temporary driveway.
   67         (2) A violation of this section is a noncriminal traffic
   68  infraction, punishable as a moving violation as provided in
   69  chapter 318.
   70         (3) This section does not apply to motorized wheelchairs.
   71         Section 3. Section 316.2128, Florida Statutes, is amended
   72  to read:
   73         316.2128 Operation of Micromobility devices, motorized
   74  scooters, and miniature motorcycles; requirements for sales.—
   75         (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, except 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 may not be construed to prevent a
   80  local government, through the exercise of its powers under s.
   81  316.008, from adopting an ordinance governing the operation of
   82  micromobility devices and motorized scooters on streets,
   83  highways, sidewalks, and sidewalk areas under the local
   84  government’s jurisdiction.
   85         (2) A motorized scooter or micromobility device is not
   86  required to satisfy the registration and insurance requirements
   87  of s. 320.02 or the licensing requirements of s. 316.605.
   88         (3) A person is not required to have a driver license to
   89  operate a motorized scooter or micromobility device.
   90         (4) A person who offers motorized scooters or micromobility
   91  devices for hire is responsible for securing all such devices
   92  located in any area of the state where an active tropical storm
   93  or hurricane warning has been issued by the National Weather
   94  Service.
   95         (5)(1) A person who engages in the business of, serves in
   96  the capacity of, or acts as a commercial seller of motorized
   97  scooters or miniature motorcycles in this state must prominently
   98  display at his or her place of business a notice that such
   99  vehicles are not legal to operate on public roads, may not be
  100  registered as motor vehicles, and may not be operated on
  101  sidewalks unless authorized by an ordinance enacted pursuant to
  102  s. 316.008(7)(a) or s. 316.212(8). The required notice must also
  103  appear in all forms of advertising offering motorized scooters
  104  or miniature motorcycles for sale. The notice and a copy of this
  105  section must also be provided to a consumer prior to the
  106  consumer’s purchasing or becoming obligated to purchase a
  107  motorized scooter or a miniature motorcycle.
  108         (6)(2) Any person selling or offering a motorized scooter
  109  or a miniature motorcycle for sale in violation of this section
  110  commits an unfair and deceptive trade practice as defined in
  111  part II of chapter 501.
  112         Section 4. Subsection (7) of section 316.2225, Florida
  113  Statutes, is amended to read:
  114         316.2225 Additional equipment required on certain
  115  vehicles.—In addition to other equipment required in this
  116  chapter, the following vehicles shall be equipped as herein
  117  stated under the conditions stated in s. 316.217.
  118         (7) On every slow-moving vehicle or equipment, animal-drawn
  119  vehicle, or other machinery designed for use and speeds less
  120  than 25 miles per hour, excluding electric personal assistive
  121  mobility devices and motorized scooters, but including all road
  122  construction and maintenance machinery except when engaged in
  123  actual construction or maintenance work either guarded by a
  124  flagger or a clearly visible warning sign, which normally
  125  travels or is normally used at a speed of less than 25 miles per
  126  hour and which is operated on a public highway, there must be:
  127         (a) a triangular slow-moving vehicle emblem SMV as
  128  described in, and displayed as provided in, this subsection
  129  paragraph (b).
  130         (a) The requirement of the emblem shall be in addition to
  131  any other equipment required by law. The emblem shall not be
  132  displayed on objects which are customarily stationary in use
  133  except while being transported on the roadway of any public
  134  highway of this state.
  135         (b) The Department of Highway Safety and Motor Vehicles
  136  shall adopt such rules and regulations as are required to carry
  137  out the purpose of this section. The requirements of such rules
  138  and regulations shall incorporate the current specifications for
  139  SMV emblems of the American Society of Agricultural Engineers.
  140         Section 5. Paragraph (a) of subsection (1) of section
  141  320.01, Florida Statutes, is amended to read:
  142         320.01 Definitions, general.—As used in the Florida
  143  Statutes, except as otherwise provided, the term:
  144         (1) “Motor vehicle” means:
  145         (a) An automobile, motorcycle, truck, trailer, semitrailer,
  146  truck tractor and semitrailer combination, or any other vehicle
  147  operated on the roads of this state, used to transport persons
  148  or property, and propelled by power other than muscular power,
  149  but the term does not include traction engines, road rollers,
  150  motorized scooters, micromobility devices, personal delivery
  151  devices and mobile carriers as defined in s. 316.003, special
  152  mobile equipment as defined in s. 316.003, vehicles that run
  153  only upon a track, bicycles, swamp buggies, or mopeds.
  154         Section 6. Subsection (1) of section 655.960, Florida
  155  Statutes, is amended to read:
  156         655.960 Definitions; ss. 655.960-655.965.—As used in this
  157  section and ss. 655.961-655.965, unless the context otherwise
  158  requires:
  159         (1) “Access area” means any paved walkway or sidewalk which
  160  is within 50 feet of any automated teller machine. The term does
  161  not include any street or highway open to the use of the public,
  162  as defined in s. 316.003(82)(a) or (b) s. 316.003(81)(a) or (b),
  163  including any adjacent sidewalk, as defined in s. 316.003.
  164         Section 7. This act shall take effect upon becoming a law.