Florida Senate - 2010                             CS for SB 2448
       By the Committee on Community Affairs; and Senator Bennett
       578-05288-10                                          20102448c1
    1                        A bill to be entitled                      
    2         An act relating to vehicle operation; amending s.
    3         316.003, F.S.; redefining the term “electric personal
    4         assistive mobility device” to include additional
    5         devices for transporting one person; amending s.
    6         316.008, F.S.; authorizing local governments to
    7         regulate certain vehicles and other motorized devices
    8         operating on sidewalks; amending s. 316.1995, F.S.;
    9         conforming provisions to changes made by the act;
   10         exempting motorized wheelchairs from certain
   11         ordinances; amending s. 316.212, F.S.; authorizing
   12         local governments to enact ordinances permitting the
   13         use of golf carts on sidewalks; amending s. 316.2128,
   14         F.S.; conforming provisions relating to notices
   15         required to be displayed by certain sellers of
   16         motorized scooters and motorcycles; providing an
   17         effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Subsection (83) of section 316.003, Florida
   22  Statutes, is amended to read:
   23         316.003 Definitions.—The following words and phrases, when
   24  used in this chapter, shall have the meanings respectively
   25  ascribed to them in this section, except where the context
   26  otherwise requires:
   28  balancing, two-nontandem-wheeled device, designed to transport
   29  only one person, with an electric propulsion system with average
   30  power of no more than 750 watts (1 horsepower), the maximum
   31  speed of which, on a paved level surface when powered solely by
   32  such a propulsion system while being ridden by an operator who
   33  weighs 170 pounds, is less than 20 miles per hour. Electric
   34  personal assistive mobility devices are not vehicles as defined
   35  in this section.
   36         Section 2. Subsection (7) is added to section 316.008,
   37  Florida Statutes, to read:
   38         316.008 Powers of local authorities.—
   39         (7) A county or municipality may enact an ordinance to
   40  permit, control, or regulate the operation of vehicles, golf
   41  carts, mopeds, motorized scooters, and electric personal
   42  assistive mobility devices on sidewalks or sidewalk areas when
   43  such use is permissible under federal law. The ordinance must
   44  restrict such vehicles or devices to a maximum speed of 15 miles
   45  per hour in such areas.
   46         Section 3. Section 316.1995, Florida Statutes, is amended
   47  to read:
   48         316.1995 Driving upon sidewalk or bicycle path.—
   49         (1) Except as provided in s. 316.008 or s. 316.212(8), a No
   50  person may not shall drive any vehicle other than by human power
   51  upon a bicycle path, sidewalk, or sidewalk area, except upon a
   52  permanent or duly authorized temporary driveway.
   53         (2) A violation of this section is a noncriminal traffic
   54  infraction, punishable as a moving violation as provided in
   55  chapter 318.
   56         (3) This section does not apply to motorized wheelchairs.
   57         Section 4. Subsection (8) of section 316.212, Florida
   58  Statutes, is amended to read:
   59         316.212 Operation of golf carts on certain roadways.—The
   60  operation of a golf cart upon the public roads or streets of
   61  this state is prohibited except as provided herein:
   62         (8) A local governmental entity may enact an ordinance
   63  relating to:
   64         (a)Regarding Golf cart operation and equipment which is
   65  more restrictive than those enumerated in this section. Upon
   66  enactment of such ordinance, the local governmental entity shall
   67  post appropriate signs or otherwise inform the residents that
   68  such an ordinance exists and that it will be enforced within the
   69  local government’s jurisdictional territory. An ordinance
   70  referred to in this section must apply only to an unlicensed
   71  driver.
   72         (b) Golf cart operation on sidewalks adjacent to specific
   73  segments of municipal streets, county roads, or state highways
   74  within the jurisdictional territory of the local governmental
   75  entity if:
   76         1. The local governmental entity determines, after
   77  considering the condition and current use of the sidewalks, the
   78  character of the surrounding community, and the locations of
   79  authorized golf cart crossings, that golf carts, bicycles, and
   80  pedestrians may safely share the sidewalk;
   81         2. The local governmental entity consults with the
   82  Department of Transportation before adopting the ordinance;
   83         3. The ordinance restricts golf carts to a maximum speed of
   84  15 miles per hour and permits such use on sidewalks adjacent to
   85  state highways only if the sidewalks are at least 8 feet wide;
   86         4. The ordinance requires the golf carts to meet the
   87  equipment requirements in subsection (6). However, the ordinance
   88  may require additional equipment, including horns or other
   89  warning devices required by s. 316.271; and
   90         5. The local governmental entity posts appropriate signs or
   91  otherwise informs residents that the ordinance exists and
   92  applies to such sidewalks.
   93         Section 5. Section 316.2128, Florida Statutes, is amended
   94  to read:
   95         316.2128 Operation of motorized scooters and miniature
   96  motorcycles; requirements for sales.—
   97         (1) A person who engages in the business of, serves in the
   98  capacity of, or acts as a commercial seller of motorized
   99  scooters or miniature motorcycles in this state must prominently
  100  display at his or her place of business a notice that such
  101  vehicles are not legal to operate on public roads, or sidewalks
  102  and may not be registered as motor vehicles, and may not be
  103  operated on sidewalks unless authorized by an ordinance enacted
  104  pursuant to s. 316.008(7) or s. 316.212(8). The required notice
  105  must also appear in all forms of advertising offering motorized
  106  scooters or miniature motorcycles for sale. The notice and a
  107  copy of this section must also be provided to a consumer prior
  108  to the consumer’s purchasing or becoming obligated to purchase a
  109  motorized scooter or a miniature motorcycle.
  110         (2) Any person selling or offering a motorized scooter or a
  111  miniature motorcycle for sale in violation of this section
  112  commits an unfair and deceptive trade practice as defined in
  113  part II of chapter 501.
  114         Section 6. This act shall take effect July 1, 2010.