SB 542 — Mobility Devices and Motorized Scooters

Florida Senate - 2019 CS for SB 542 By Senatorthe BrandesCommittee 24-00489A-19on 2019542__Infrastructure A bill to be entitled An act relating to micromobility devices and motorizedSecurity; scooters;

and Senator Brandes 596-03530-19 2019542c1 A bill to be entitled An act relating to mobility devices and motorized scooters;

316.008, F.S.;

authorizing a county or municipality to regulate the operation of micromobility devices and for-hire motorized scooters, subject to certain restrictions;

authorizing a county or municipality to require that a person offering micromobility devices or for-hire motorized scooters be licensed;

requiring that such license be granted if the applicant for licensure provides certain proof of insurance coverage;

providing that, except for specified provisions, regulation of micromobility devices and for-hire motorized scooters is exclusively controlled by state and federal law;

amending s.

providing that the operator of a micromobilitymotorized devicescooter or motorizedmicromobility scooterdevice has all of the rights and duties applicable to the rider of a bicycle, except the duties imposed by specified provisions that by their nature do not apply;

exemptingproviding afor micromobilityconstruction; device or motorized scooter from certain registration, insurance, and licensing requirements;

providingexempting that a personmotorized isscooter notor requiredmicromobility todevice havefrom acertain validregistration, driverinsurance, licenseand tolicensing operaterequirements; a micromobility device or motorized scooter;

authorizingproviding thethat parking of a micromobilityperson deviceis ornot motorizedrequired scooterto onhave sidewalks,a subjectdriver license to certainoperate requirements;a motorized scooter or micromobility device;

requiring a person who offers motorized scooters or micromobility devices for hire to be responsible for securing all such devices located in any area of the state where a certain warning has been issued by the National Weather Service;

exempting micromobilityelectric personal assistive mobility devices and motorized scooters from certain emblem requirements;

320.01, F.S.;

revising the definition of the term “motor vehicle”;

amending s.

3832 Be It Enacted by the Legislature of the State of Florida:

4034 Section 1. Present subsections (38) through (101) of section 316.003, Florida Statutes, are redesignated as subsections (39) through (102), respectively, a new subsection (38) is added to that section, and present subsections (44) and (59) of that section are amended, to read:

(38) MICROMOBILITY DEVICE.—Any motorized transportation device made available for private use by reservation through an online application, website, or software for point-to-point trips,trips and which is incapablenot capable of traveling at speedsa speed greater than 20 miles per hour on level ground.

This term includes motorized scooters and bicycles as defined in this section.chapter.

(45)(44) MOTORIZED SCOOTER.—Any vehicle or micromobility device that is powered by a motor with or without not having a seat or saddle for the use of the rider, which is designed to travel on not more than three wheels, and which is not capable of propelling the vehicle at a speed greater than 20 30 miles per hour on level ground.

Section 2. Subsection2. Section (9)316.1995, is added to section 316.008, Florida Statutes, is amended to read:

316.008 Powers of local authorities.— (9)(a) A county or municipality may regulate the operation of micromobility devices and for-hire motorized scooters;

however, any such ordinance or regulation may not conflict with this chapter or federal law and may not be more restrictive than the county’s or municipality’s regulation of bicycles.

(b) A county or municipality may require a person offering micromobility devices or for-hire motorized scooters to be licensed.

The license must be granted if the applicant for licensure provides proof of:

1. Commercial general liability insurance coverage with a limit of at least $1 million per occurrence and with a $5 million aggregate limit;

and 2. If the applicant employs persons within the jurisdiction of the county or municipality, workers’ compensation coverage that meets the minimum requirements under chapter 440 and the Florida Insurance Code.

(c) Except as provided in this section, regulation of micromobility devices and for-hire motorized scooters is exclusively controlled by state and federal law.

Section 3. Section 316.1995, Florida Statutes, is amended to read:

316.008, or s.

316.2128,316.212(8), or s.

316.212(8),316.2128, a person may not drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway.

Section 4. Section3. Section 316.2128, Florida Statutes, is amended to read:

316.2128 Operation of micromobilityMicromobility devices, motorized scooters, and miniature motorcycles;

requirements for salessales.— of miniature motorcycles.— (1) The operator of a micromobilitymotorized devicescooter or motorizedmicromobility scooterdevice has all of the rights and duties applicable to the rider of a bicycle under s.

316.2065(2)316.2065(2), and(3)(b), (3)(b) and (3)(c), which by their nature do not apply.

(2) AHowever, micromobilitythis devicesection ormay motorizednot scooterbe isconstrued notto requiredprevent toa satisfylocal government, through the registrationexercise andof insuranceits requirementspowers ofunder s.

316.008, from adopting an ordinance governing the operation of micromobility devices and motorized scooters on streets, highways, sidewalks, and sidewalk areas under the local government’s jurisdiction.