Florida Senate - 2026 SB 382
By Senator Truenow
13-00743-26 2026382__
1 A bill to be entitled
2 An act relating to electric bicycles, scooters, and
3 motorcycles; amending s. 316.003, F.S.; defining the
4 term “electric motorcycle”; revising the definition of
5 the term “motorcycle”; amending ss. 316.066 and
6 316.068, F.S.; requiring certain crash reports to
7 include specified information; amending s. 316.069,
8 F.S.; requiring the state to maintain certain
9 statistics; amending s. 316.20655, F.S.; providing
10 penalties for knowingly modifying an electric bicycle;
11 prohibiting a person from operating a class 3 electric
12 bicycle without a certain license; providing
13 requirements for such operation; providing penalties;
14 amending s. 316.2085, F.S.; prohibiting certain
15 persons from operating certain motorcycles; amending
16 ss. 320.01 and 322.01, F.S.; revising the definition
17 of the term “motorcycle”; amending s. 322.12, F.S.;
18 requiring a minimum number of questions in the test
19 bank for a Class E driver license to cover safe
20 electric bicycle and motorized scooter operation;
21 amending s. 322.1615, F.S.; revising requirements for
22 a certain learner’s driver license education course;
23 amending ss. 316.306 and 655.960, F.S.; conforming
24 cross-references; providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsections (24) through (112) of section
29 316.003, Florida Statutes, are renumbered as subsections (25)
30 through (113), respectively, present subsections (47) and (65)
31 are amended, and a new subsection (24) is added to that section,
32 to read:
33 316.003 Definitions.—The following words and phrases, when
34 used in this chapter, shall have the meanings respectively
35 ascribed to them in this section, except where the context
36 otherwise requires:
37 (24) ELECTRIC MOTORCYCLE.—Any motorcycle powered by an
38 electric motor of 750 watts or more that is capable of a speed
39 greater than 28 miles per hour.
40 (48)(47) MOTORCYCLE.—Any motor vehicle having a seat or
41 saddle for the use of the rider and designed to travel on not
42 more than three wheels in contact with the ground. The term
43 includes an electric motorcycle and an autocycle, but does not
44 include a tractor, a moped, an electric bicycle, or any vehicle
45 in which the operator is enclosed by a cabin unless it meets the
46 requirements set forth by the National Highway Traffic Safety
47 Administration for a motorcycle.
48 (66)(65) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
49 provided in paragraph (91)(b) (90)(b), any privately owned way
50 or place used for vehicular travel by the owner and those having
51 express or implied permission from the owner, but not by other
52 persons.
53 Section 2. Paragraphs (b) and (c) of subsection (1) of
54 section 316.066, Florida Statutes, are amended to read:
55 316.066 Written reports of crashes.—
56 (1)
57 (b) The Florida Traffic Crash Report, Long Form must
58 include:
59 1. The date, time, and location of the crash.
60 2. A description of the vehicles involved, including
61 whether the crash involved a motorized scooter, an electric
62 bicycle, or an electric motorcycle.
63 3. The names and addresses of the parties involved,
64 including all drivers and passengers, and the identification of
65 the vehicle in which each was a driver or a passenger.
66 4. The names and addresses of witnesses.
67 5. The name, badge number, and law enforcement agency of
68 the officer investigating the crash.
69 6. The names of the insurance companies for the respective
70 parties involved in the crash.
71 (c) In any crash for which a Florida Traffic Crash Report,
72 Long Form is not required by this section and which occurs on
73 the public roadways of this state, the law enforcement officer
74 shall complete a short-form crash report or provide a driver
75 exchange-of-information form, to be completed by all drivers and
76 passengers involved in the crash, which requires the
77 identification of each vehicle that the drivers and passengers
78 were in. The short-form report must include:
79 1. The date, time, and location of the crash.
80 2. A description of the vehicles involved, including
81 whether the crash involved a motorized scooter, an electric
82 bicycle, or an electric motorcycle.
83 3. The names and addresses of the parties involved,
84 including all drivers and passengers, and the identification of
85 the vehicle in which each was a driver or a passenger.
86 4. The names and addresses of witnesses.
87 5. The name, badge number, and law enforcement agency of
88 the officer investigating the crash.
89 6. The names of the insurance companies for the respective
90 parties involved in the crash.
91 Section 3. Subsection (2) of section 316.068, Florida
92 Statutes, is amended to read:
93 316.068 Crash report forms.—
94 (2) Every crash report required to be made in writing must
95 be made on the appropriate form approved by the department and
96 must contain all the information required therein, including:
97 (a) The date, time, and location of the crash;
98 (b) A description of the vehicles involved, including
99 whether the crash involved a motorized scooter, an electric
100 bicycle, or an electric motorcycle;
101 (c) The names and addresses of the parties involved;
102 however, in the event of a crash involving a railroad train,
103 including crashes covered by s. 316.027, s. 316.061, s. 316.065,
104 or s. 316.066, the collection of the information specified in
105 this paragraph shall be at the discretion of the law enforcement
106 officer having jurisdiction to investigate the crash;
107 (d) The names and addresses of all drivers and passengers
108 in the motor vehicles involved; however, in the event of a crash
109 involving a railroad train, including crashes covered by s.
110 316.027, s. 316.061, s. 316.065, or s. 316.066, the collection
111 of the information specified in this paragraph shall be at the
112 discretion of the law enforcement officer having jurisdiction to
113 investigate the crash;
114 (e) The names and addresses of witnesses;
115 (f) The name, badge number, and law enforcement agency of
116 the officer investigating the crash; and
117 (g) The names of the insurance companies of the motor
118 vehicles involved in the crash,
119
120 unless not available. A member of a railroad train crew or a
121 passenger on a railroad train is not a passenger for purposes of
122 this section. In the event of a crash involving a railroad
123 train, a member of the railroad train crew must furnish the
124 information in paragraphs (a), (b), (c), and (e) and, upon
125 request of the law enforcement officer having jurisdiction to
126 investigate the crash, the railroad train engineer’s or
127 conductor’s federal certification pursuant to 49 C.F.R. part 240
128 or part 242. The absence of information in such written crash
129 reports regarding the existence of passengers in the motor
130 vehicles involved in the crash constitutes a rebuttable
131 presumption that no such passengers were involved in the
132 reported crash. Notwithstanding any other provisions of this
133 section, a crash report produced electronically by a law
134 enforcement officer must, at a minimum, contain the same
135 information as is called for on those forms approved by the
136 department.
137 Section 4. Section 316.069, Florida Statutes, is amended to
138 read:
139 316.069 State to tabulate and analyze crash reports.—The
140 state shall tabulate and may analyze all crash reports and shall
141 publish, annually, or at more frequent intervals, statistical
142 information based thereon as to the number and circumstances of
143 traffic crashes. The state shall maintain separate statistics on
144 the number and location of crashes involving tandem trailer
145 trucks, motorized scooters, electric bicycles, and electric
146 motorcycles.
147 Section 5. Subsections (3) and (4) of section 316.20655,
148 Florida Statutes, are amended, and subsections (10) and (11) are
149 added to that section, to read:
150 316.20655 Electric bicycle regulations.—
151 (3) Beginning January 1, 2021, Manufacturers and
152 distributors of electric bicycles shall apply a label that is
153 permanently affixed in a prominent location to each electric
154 bicycle. The label must contain the classification number, top
155 assisted speed, and motor wattage of the electric bicycle.
156 (4) A person may not tamper with or modify an electric
157 bicycle so as to change the motor-powered speed capability or
158 engagement of an electric bicycle. Any person who knowingly
159 modifies an electric bicycle as provided in this subsection
160 commits a noncriminal traffic infraction, punishable by a fine
161 of $100. Any person who commits a second or subsequent violation
162 of this subsection within 3 years after a previous violation
163 commits a noncriminal traffic infraction, punishable by a fine
164 of $250, unless the label indicating the classification number
165 required in subsection (3) is replaced after such modification.
166 (10)(a) A person may not operate or rent a class 3 electric
167 bicycle unless he or she possesses a valid learner’s driver
168 license or driver license. An operator of a class 3 electric
169 bicycle must have his or her learner’s driver license or driver
170 license in his or her immediate possession at all times when
171 operating a class 3 electric bicycle and must present or submit
172 the same upon demand of a law enforcement officer or an
173 authorized representative of the department.
174 (b) A person who fails to comply with paragraph (a) must
175 first receive a verbal warning. Following the verbal warning, a
176 person who fails to comply with paragraph (a) commits a
177 noncriminal traffic infraction, punishable as a nonmoving
178 violation as provided in chapter 318.
179 (11) A person operating an electric bicycle on a shared
180 pathway that is not located adjacent to a roadway, including a
181 shared pathway located in a park or recreational area, must
182 yield to pedestrians and must give an audible signal before
183 overtaking and passing a pedestrian.
184 Section 6. Paragraph (a) of subsection (6) of section
185 316.2085, Florida Statutes, is amended to read:
186 316.2085 Riding on motorcycles or mopeds.—
187 (6) A person under 16 years of age may not:
188 (a) Operate a motorcycle that has a motor with more than
189 150 cubic centimeters displacement or an electric motor of 750
190 watts or more.
191 Section 7. Subsection (26) of section 320.01, Florida
192 Statutes, is amended to read:
193 320.01 Definitions, general.—As used in the Florida
194 Statutes, except as otherwise provided, the term:
195 (26) “Motorcycle” means any motor vehicle having a seat or
196 saddle for the use of the rider and designed to travel on not
197 more than three wheels in contact with the ground. The term
198 includes an electric motorcycle and an autocycle, as those terms
199 are defined in s. 316.003, but excludes a tractor, a moped, or
200 any vehicle in which the operator is enclosed by a cabin unless
201 it meets the requirements set forth by the National Highway
202 Traffic Safety Administration for a motorcycle.
203 Section 8. Subsection (28) of section 322.01, Florida
204 Statutes, is amended to read:
205 322.01 Definitions.—As used in this chapter:
206 (28) “Motorcycle” means a motor vehicle powered by a motor
207 with a displacement of more than 50 cubic centimeters, having a
208 seat or saddle for the use of the rider, and designed to travel
209 on not more than three wheels in contact with the ground, but
210 excluding a tractor, tri-vehicle, or moped. The term includes an
211 electric motorcycle as defined in s. 316.003.
212 Section 9. Paragraph (c) of subsection (3) of section
213 322.12, Florida Statutes, is amended to read:
214 322.12 Examination of applicants.—
215 (3) For an applicant for a Class E driver license, such
216 examination shall include all of the following:
217 (c) A test of the applicant’s ability to read and
218 understand highway signs regulating, warning, and directing
219 traffic; his or her knowledge of the traffic laws of this state,
220 including laws regulating driving under the influence of alcohol
221 or controlled substances, driving with an unlawful blood-alcohol
222 level, and driving while intoxicated; and his or her knowledge
223 of the effects of alcohol and controlled substances upon persons
224 and the dangers of driving a motor vehicle while under the
225 influence of alcohol or controlled substances. At least 25
226 questions within the bank of test questions must address bicycle
227 and pedestrian safety. At least 5 of the 25 questions addressing
228 bicycle and pedestrian safety must specifically cover safe
229 electric bicycle and motorized scooter operation for all road
230 users.
231 Section 10. Subsection (1) of section 322.1615, Florida
232 Statutes, is amended to read:
233 322.1615 Learner’s driver license.—
234 (1) The department may issue a learner’s driver license to
235 a person who is at least 15 years of age and who:
236 (a) Has passed the written examination for a learner’s
237 driver license;
238 (b) Has passed the vision and hearing examination
239 administered under s. 322.12;
240 (c) Has satisfactorily completed a driver education course
241 approved by the department which meets or exceeds the Department
242 of Education Driver Education/Traffic Safety-Classroom 1900300
243 course version description and which includes content on sharing
244 the road with bicycles, including electric bicycles, motorized
245 scooters, and other vulnerable road users; and
246 (d) Meets all other requirements set forth in law and by
247 rule of the department.
248 Section 11. Paragraph (a) of subsection (3) of section
249 316.306, Florida Statutes, is amended to read:
250 316.306 School and work zones; prohibition on the use of a
251 wireless communications device in a handheld manner.—
252 (3)(a)1. A person may not operate a motor vehicle while
253 using a wireless communications device in a handheld manner in a
254 designated school crossing, school zone, or work zone area as
255 defined in s. 316.003 s. 316.003(112). This subparagraph applies
256 shall only be applicable to work zone areas if construction
257 personnel are present or are operating equipment on the road or
258 immediately adjacent to the work zone area. For the purposes of
259 this paragraph, a motor vehicle that is stationary is not being
260 operated and is not subject to the prohibition in this
261 paragraph.
262 2. Effective January 1, 2020, A law enforcement officer may
263 stop motor vehicles and issue citations to persons who are
264 driving while using a wireless communications device in a
265 handheld manner in violation of subparagraph 1.
266 Section 12. Subsection (1) of section 655.960, Florida
267 Statutes, is amended to read:
268 655.960 Definitions; ss. 655.960-655.965.—As used in this
269 section and ss. 655.961-655.965, unless the context otherwise
270 requires:
271 (1) “Access area” means any paved walkway or sidewalk which
272 is within 50 feet of any automated teller machine. The term does
273 not include any street or highway open to the use of the public,
274 as defined in s. 316.003(91)(a) or (b) s. 316.003(90)(a) or (b),
275 including any adjacent sidewalk, as defined in s. 316.003.
276 Section 13. This act shall take effect July 1, 2027.