Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS for CS for SB 1150 Barcode 459312 LEGISLATIVE ACTION Senate . House . . . Floor: 11/AD/2R . 04/27/2011 03:17 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Storms moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 346 - 371 4 and insert: 5 Section 4. Subsections (2), (21), and (83) of section 6 316.003, Florida Statutes, are amended, and subsections (89), 7 (90), and (91) are added to that section, to read: 8 316.003 Definitions.—The following words and phrases, when 9 used in this chapter, shall have the meanings respectively 10 ascribed to them in this section, except where the context 11 otherwise requires: 12 (2) BICYCLE.—Every vehicle propelled solely by human power, 13 and every motorized bicycle propelled by a combination of human 14 power and an electric helper motor capable of propelling the 15 vehicle at a speed of not more than 20 miles per hour on level 16 ground upon which any person may ride, having two tandem wheels 17 or three wheels, and including any device generally recognized 18 as a bicycle though equipped with two front or two rear wheels. 19 The term does not include such a vehicle with a seat height of 20 no more than 25 inches from the ground when the seat is adjusted 21 to its highest position or a scooter or similar device. No 22 person under the age of 16 may operate or ride upon a motorized 23 bicycle. 24 (21) MOTOR VEHICLE.—Any self-propelled vehicle not operated 25 upon rails or guideway, but not including any bicycle, motorized 26 scooter, electric personal assistive mobility device, durable 27 medical equipment, swamp buggy, or moped. 28 (83) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.—Any self 29 balancing, two-nontandem-wheeled device, commonly known as a 30 Segway, designed to transport only one person, with an electric 31 propulsion system with average power of 750 watts (1 32 horsepower), the maximum speed of which, on a paved level 33 surface when powered solely by such a propulsion system while 34 being ridden by an operator who weighs 170 pounds, is less than 35 20 miles per hour. Electric personal assistive mobility devices 36 are not vehicles as defined in this section. 37 (89) SWAMP BUGGY.—A motorized off-road vehicle designed to 38 travel over swampy terrain, which may utilize large tires or 39 tracks operated from an elevated platform, and may be used on 40 varied terrain. A swamp buggy does not include any vehicle 41 defined in chapter 261 or otherwise defined or classified in 42 this chapter. A swamp buggy may not be operated upon the public 43 roads, streets, or highways of this state, except to the extent 44 specifically authorized by a state or federal agency to be used 45 exclusively upon lands, managed, owned, or leased by that 46 agency. 47 (90) ROAD RAGE.—The act of a driver or passenger to 48 intentionally or unintentionally, due to a loss of emotional 49 control, injure or kill another driver, passenger, or 50 pedestrian, or to attempt or threaten to injure or kill another 51 driver, passenger, or pedestrian. 52 (91) DURABLE MEDICAL EQUIPMENT.—Any three- or four-wheeled 53 mobility device, including a manually propelled or powered 54 wheelchair or motorized scooter, which is designed to provide 55 transportation for mobility-impaired persons. 56 Section 5. Subsection (7) of section 316.008, Florida 57 Statutes, is amended to read: 58 316.008 Powers of local authorities.— 59 (7) A county or municipality may enact an ordinance to 60 permit, control, or regulate the operation of vehicles, golf 61 carts, mopeds, motorized scooters, and electric personal 62
assistivemobility devices on sidewalks or sidewalk areas when 63 such use is permissible under federal law. The ordinance must 64 restrict such vehicles or devices to a maximum speed of 15 miles 65 per hour in such areas. 66 Section 6. Mobility-impaired persons have the same rights, 67 responsibilities, and restrictions as provided for pedestrians 68 in s. 316.130, Florida Statutes, including persons who: 69 (1) Are legally blind; 70 (2) Are unable to walk without assistance from another 71 person or the use of a brace, cane, crutch, prosthetic device, 72 wheelchair, or other assistive device; 73 (3) Are restricted by lung disease to the extent that their 74 forced expiratory volume for 1 second, when measured by 75 spirometry, is less than 1 liter, their arterial oxygen is less 76 than 60mm/hg on room air at rest, or they require the use of 77 portable oxygen; 78 (4) Are restricted by a cardiac condition to the extent 79 that their functional limitations are classified as Class III or 80 Class IV in severity, by American Heart Association standards; 81 or 82 (5) Are restricted in their ability to walk due to an 83 arthritic, neurological, or orthopedic condition. 84 85 ================= T I T L E A M E N D M E N T ================ 86 And the title is amended as follows: 87 Delete lines 12 - 14 88 and insert: 89 316.003, F.S.; revising the definition of the term 90 “motor vehicle” to include durable medical equipment 91 and swamp buggies; revising the definition of the term 92 “electric personal assistive mobility device”; 93 defining the terms “swamp buggy,” “road rage,” and 94 “durable medical equipment”; amending s. 316.008, 95 F.S.; deleting the powers of local authorities to 96 regulate assistive mobility devices on sidewalks; 97 providing theat mobility-impaired persons have the 98 rights and responsibilites provided to pedestrians in 99 s. 316.130, F.S., with respect to traffic regulations; 100 amending s.