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)
    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.
   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  assistive mobility 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.
   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.