Florida Senate - 2025                                     SB 410
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00428-25                                            2025410__
    1                        A bill to be entitled                      
    2         An act relating to personal mobility device battery
    3         safety standards; creating s. 316.2067, F.S.;
    4         providing a short title; providing legislative intent;
    5         defining the term “personal mobility device”;
    6         requiring that certain batteries be certified as
    7         meeting a specified ingress protection standard;
    8         requiring manufacturers, distributors, or operators of
    9         a personal mobility device to provide proof of such
   10         battery certification in certain circumstances;
   11         prohibiting the sale, shipment, operation, or charging
   12         of certain personal mobility devices; requiring the
   13         Department of Highway Safety and Motor Vehicles to
   14         coordinate with local governmental entities for
   15         compliance purposes; authorizing the department to
   16         take certain enforcement actions; providing for the
   17         forfeiture of noncompliant personal mobility devices;
   18         providing civil penalties; providing severability;
   19         providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 316.2067, Florida Statutes, is created
   24  to read:
   25         316.2067 Personal mobility device batteries; ingress
   26  protection requirements; civil penalties.—
   27         (1) This section may be cited as the “Florida E-Scooter and
   28  E-Bike Battery Safety Act.”
   29         (2) It is the intent of the Legislature to enhance public
   30  safety and ensure the environmental resilience of personal
   31  mobility devices in this state by establishing minimum ingress
   32  protection standards for batteries used to power personal
   33  mobility devices sold, shipped, operated, or charged in this
   34  state.
   35         (3) As used in this section, the term “personal mobility
   36  device” means an electrically powered device intended for
   37  individual transport, including, but not limited to, electric
   38  bicycles, motorized scooters, electric skateboards, and any
   39  other small, lightweight vehicle powered by a lithium battery.
   40         (4) Any battery used in a personal mobility device sold,
   41  shipped, operated, or charged in this state must be certified by
   42  a recognized certification organization as meeting an
   43  internationally accepted ingress protection standard for
   44  electrical enclosures that provide protection against the
   45  effects of temporary submersion in liquid up to a depth of 1
   46  meter. A battery that is IPX7 certified in accordance with
   47  International Electrotechnical Commission Standard No. 60529
   48  meets the requirements of this subsection.
   49         (5) A manufacturer, distributor, or operator of a personal
   50  mobility device must provide proof of certification upon request
   51  of the department or any other applicable regulatory entity of
   52  the state and in addition to any other application materials
   53  submitted for a license or permit issued by the state related to
   54  such manufacture, distribution, or operation.
   55         (6) The department shall coordinate with local governmental
   56  entities to ensure compliance with this section and may impose
   57  fines and seize noncompliant personal mobility devices to
   58  enforce this section.
   59         (7)(a) A personal mobility device powered by a battery that
   60  is not certified as required by subsection (4) may not be sold,
   61  shipped, operated, or charged in this state.
   62         (b) A person who violates this subsection is subject to the
   63  forfeiture of any noncompliant personal mobility device in their
   64  possession and the following fines:
   65         1. For a first violation, a fine of $250.
   66         2. For a second violation, a fine of $1,000.
   67         3. For a third violation, a fine of $10,000.
   68         Section 2. If any provision of this act or its application
   69  to any person or circumstance is held invalid, the invalidity
   70  does not affect other provisions or applications of the act
   71  which can be given effect without the invalid provision or
   72  application, and to this end the provisions of this act are
   73  severable.
   74         Section 3. This act shall take effect July 1, 2025.