Florida HB 971: Electric Bicycles

Bill Text

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An act relating to electric bicycles; amending s. 2
261.03, F.S.; revising the definition of the term 3
"OHM" or "off-highway motorcycle"; amending s. 4
316.003, F.S.; revising definitions relating to the 5
Florida Uniform Traffic Control Law; defining the term 6
"electric bicycle"; amending s. 316.008, F.S.; 7
authorizing local authorities to regulate the 8
operation of electric bicycles; amending s. 316.027, 9
F.S.; revising the definition of the term "vulnerable 10
road user"; amending s. 316.083, F.S.; requiring the 11
driver of a vehicle overtaking an electric bicycle to 12
pass the electric bicycle at a certain distance; 13
amending s. 316.1995, F.S.; expanding exceptions to a 14
prohibition on persons driving certain vehicles on 15
sidewalks and bicycle paths; amending s. 316.2065, 16
F.S.; deleting obsolete language; creating s. 17
316.20655, F.S.; providing electric bicycle 18
regulations; providing for rights and privileges of 19
electric bicycles and operators of electric bicycles; 20
providing that electric bicycles are vehicles to the 21
same extent as bicycles; providing construction; 22
providing that electric bicycles and operators of 23
electric bicycles are not subject to specified 24
provisions; requiring manufacturers and distributers, 25

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beginning on a specified date, to apply a label 26
containing certain information to each electric 27
bicycle; prohibiting persons from tampering with or 28
modifying electric bicycles for certain purposes; 29
providing an exception; requiring electric bicycles to 30
comply with specified provisions of law; requiring 31
electric bicycles to operate in a manner that meets 32
certain requirements; authorizing operators to ride 33
electric bicycles where bicycles are allowed; amending 34
ss. 316.613, 316.614, and 320.01, F.S.; revising the 35
definition of the term "motor vehicle"; amending s. 36
322.01, F.S.; revising the definitions of the terms 37
"motor vehicle" and "vehicle"; amending ss. 324.021, 38
403.717, and 681.102, F.S.; revising the definition of 39
the term "motor vehicle"; amending s. 320.08, F.S.; 40
conforming a provision to changes made by the act; 41
amending ss. 316.306 and 655.960, F.S.; conforming 42
cross-references; providing an effective date. 43
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Be It Enacted by the Legislature of the State of Florida: 45
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Section 1. Subsection (4) of section 261.03, Florida 47
Statutes, is amended to read: 48
261.03 Definitions.—As used in this chapter, the term: 49
(4) "OHM" or "off-highway motorcycle" means any motor 50

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vehicle used off the roads or highways of this state that has a 51
seat or saddle for the use of the rider and is designed to 52
travel with not more than two wheels in contact with the ground, 53
but excludes a tractor, an electric bicycle, or a moped. 54
Section 2. Present subsections (22) through (104) of 55
section 316.003, Florida Statutes, are redesignated as 56
subsections (23) through (105), respectively, a new subsection 57
(22) is added to that section, and subsection (4) and present 58
subsections (41), (43), (44), (45), and (61) of that section are 59
amended, to read: 60
316.003 Definitions.—The following words and phrases, when 61
used in this chapter, shall have the meanings respectively 62
ascribed to them in this section, except where the context 63
otherwise requires: 64
(4) BICYCLE.—Every vehicle propelled solely by human 65
power, and every motorized bicycle propelled by a combination of 66
human power and an electric helper motor capable of propelling 67
the vehicle at a speed of not more than 20 miles per hour on 68
level ground upon which any person may ride, having two tandem 69
wheels, and including any device generally recognized as a 70
bicycle though equipped with two front or two rear wheels. The 71
term does not include such a vehicle with a seat height of no 72
more than 25 inches from the ground when the seat is adjusted to 73
its highest position or a scooter or similar device. A person 74
under the age of 16 may not operate or ride upon a motorized 75

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bicycle. 76
(22) ELECTRIC BICYCLE.—A bicycle or tricycle equipped with 77
fully operable pedals, a seat or saddle for the use of the 78
rider, and an electric motor of less