HomeMy WebLinkAboutDocumentation_Workshop_Tab 03_8/31/2020Agenda Item #3.
Workshop
STAFF MEMO a
Meeting: Workshop - Aug 31 2020
Staff Contact: Jeremy Allen, Village Manager Department: Manager
Discussion on E-Bike Ordinance
Teguesta - E-Bikes Memo KWD Final
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Agenda Item p3.
DAVIS &
ASHirON. P.A.
Keith W. Davis, Esq.
Florida Bar Board Certified Attorney
City, County and Local Government Law
Email: keith@davisashtoniaw.com
MEMORANDUM
TO: Mayor and Village Council; Village Manager Allen
FROM: Keith Davis, Esq.
DATE: July 24, 2020
RE: HB 971 and Municipal Regulation of E-Bikes
Summary of HB 971
House Bill 971, titled `Electric Bicycles' was signed into law by Governor DeSantis on June 20,
2020 and became effective on July 1, 20201. The Electric Bicycle law provides regulations for
the operation of electric bicycles ("e-bikes") which will be codified in Chapter 316, Florida
Statutes (the uniform state traffic control chapter). Specifically, the Electric Bicycle law does the
following:
1. Creates a `Three-tier' classification system for e-bikes — The statutory definition for
`electric bicycles' provides three separate classes, of e-bikes based on top assisted
speed, and whether the motor requires rider pedaling assistance:
Class 1: E-bikes with motors that operate only when the rider is pedaling, and which
have a top assisted speed of 20 miles per hour.
Class 2: E-bikes with motors that operate without rider pedaling assistance, and
which have a top assisted speed of 20 miles per hour.
Class 3: E-bikes with motors that operate only when the rider is pedaling, and which
have a top assisted speed of 28 miles per hour.
Beginning January 1, 2021, e-bike manufacturers and distributors are required to affix a
permanent label on any e-bike sold in Florida that contains the e-bike's class number,
top assisted speed, and motor wattage .2
2. Gives e-bike operators the same rights and duties as those applied by law to traditional
bicycles and operators - The new law provides that an a -bike or its operator "shall be
See Laws of Florida Ch. 2020-69, which creates Sec. 316.20655, Fla. Stat.
2 Id. at Section 8.
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LEADING ATTORNEYS IN LOCAL GOVERNMENT LAW AND ETHICS
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afforded all the rights and privileges, and be subject to all of the duties, of a bicycle or the
operator of a bicycle." 3
The rights and duties imposed by law on a traditional bicycle or the operator of a traditional
bicycle are codified at Sec. 316.2065, Florida Statutes. Importantly, this section of state
law defines bicycles as "vehicles" under Chapter 316, Florida Statutes. Therefore, bicyclists
(now including e-bicyclists) generally have the same rights to the roadways, and must obey
the same traffic laws (including, among others, DUI laws4), as the drivers of other vehicles
such as cars, trucks, and motorcycles.5
Sec. 316.2065, Florida Statutes contains other requirements for bicycles and their
operators (now including e-bicyclists), including: (i) a helmet requirement for riders or
passengers under 16 years old; (ii) a requirement for riders to stay in bicycle lane or "as
close as practicable" to the right-hand curb; and (iii) the use of a lighted lamp during
nighttime riding.6
3. Allows for local regulation of e-bikes — Local governments are granted express authority
to regulate a -bikes within their jurisdictions by the new law.
Local Regulation of E-Bikes in the Village of Tequesta
As mentioned above in the Bill Summary section of this Memorandum, Local governments are
granted express authority to regulate e-bikes within their jurisdictions by the new law. The broad
parameters within which local regulation should fall are as follows:
1. Permissible regulations - The Village of Tequesta may adopt ordinances "governing the
operation of electric bicycles on streets, highways, sidewalks, and sidewalk areas" within
the Village;' and may adopt ordinances that restrict or completely prohibit "the operation
of an electric bicycle on a bicycle path, multiuse path, or trail network."8
2. General home rule authority - The regulation of e-bikes by the Village is also generally
permissible within the parameters of Sec. 316.008, Florida Statutes,9 which grants a
local government the general power to (i) regulate the operation of bicycles; (ii) regulate
or prohibit the stopping, standing, or parking of all vehicles; and (iii) restrict the use of
streets.10
3. Blanket prohibition of e-bike use on a Village -wide basis is not permissible - A blanket
prohibition against a -bikes on all public rights -of -way within the Village would arguably
be determined to be an overbroad infringement on the rights of e-bike operators to
general use of the public roadways as granted by the new law which applies the rights of
bicycle operators contained in Sec. 316.2065, Florida Statutes, to e-bike operators.
Additionally, Sec. 316.008(1)(h), Florida Statutes specifically authorizes local
governments to "regulate," (not prohibit), the operation of bicycles and a -bikes on its
"streets, highways, sidewalks, and sidewalk areas."
3 Id. at Section 8.
4 See Sec. 316.193, Fla. Stat.
5 See also Overview of Florida Laws for Cyclists (last visited July 20, 2020), https://floridabicycle.org/bicycle-traffic-law/.
6 See generally § 316.2065, Fla. Stat.
Id. at Section 8.
8 Id.
9 Id.
10 See generally § 316.008, Fla. Stat.
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HB 971 and Municipal Regulation of E-Bikes
4. Targeted prohibition of a -bike use on certain roadways is permissible — The above analysis
suggests that the Village could prohibit e-bikes on certain, but not all, public roadways. For
example, the Village could prohibit e-bikes on all sidewalks in its jurisdiction or prohibit e-
bikes on certain rights -of -way known to have higher pedestrian traffic." Also, as mentioned
above in the Bill Summary section of this Memorandum, the new law specifically authorizes
the Village to prohibit a -bikes on those rights -of way that are shared with pedestrians,
including bicycle paths, multiuse paths, or trail networks within its jurisdiction, thereby
segregating the higher speed, more dangerous vehicles from pedestrians, joggers and
traditional bicyclists.12 Note that different regulations for state and federal parks may apply.
For example, some Florida state parks, including Jonathon Dickinson State Park, allow e-
bikes on their trails.73
5. Regulation of commercial e-bike operations — While the new law is silent on the ability of
the Village to regulate or prohibit commercial a -bike rental companies within its jurisdiction,
it is our opinion that such action is permissible, in accordance with general zoning and
home rule authority.14
Steps Forward
The Village Council may discuss this matter and determine what, if any, regulation it believes
will best serve the health, safety and welfare of the Village, its residents, visitors, and
businesses. Any new code should consider the following items:
1. Conformance to general state law parameters and definitions, including those traditional
bicycle operator rules that now apply to e-bikes.
2. Determination of the appropriate rights -of -way to allow, and conversely to restrict or
prohibit, the use of e-bikes within the Village. Law enforcement and traffic enforcement
guidance will be important in making this determination.
3. Determine how, or whether, to regulate commercial uses (e-bike rentals) within the
Village. Community development guidance will be important in making this determination.
4. Determine the appropriate penalties for violations. E-bike violations that also violate one
of the statutory requirements for traditional bicycle operators under Sec. 316.2065,
Florida Statutes should be enforced through the statutory fine system under the Uniform
Traffic Citation system in Chapter 318, Florida Statutes. E-bike violations that only violate
a Village Code requirement for e-bikes should be enforced through an administrative fine
of an amount determined by the Village.
5. Direct Village Staff to prepare the appropriate ordinances, citation forms, etc. for adoption
and implementation of Village Council direction.
11 Id; see also Fort Myers Beach Municipal Code, Sec. 28-84 (banning electric bicycles from "any public sidewalk, path,
or beach.").
92 Florida Proposal Could Mean More Access for E-Bikes, GOV'T TECHNOLOGY (last visited July 20, 2020),
https://www.govtech.com/fs/transportation/Florida-Proposal-Could-Mean-More-Access-for-E-Bikes. html.
93 Chris Burns, E-Bikes and Florida Law, FLA. CYCLING L. BLOG (May 25, 2018),
https://floridacyclinglaw.com/blog/archives/e-bikes-and-florida-law.
14 Winter Park recently passed an ordinance banning commercially operated electric bicycles and scooters, which
effectively prevent rental companies from operating within its city limits. Lisa Maria Garza, Winter Park to ban commercial
electric scooters, bikes, ORLANDO SENTINEL (June 24, 2020), https://www.oriandosentinel.com/news/orange-county/os-ne-
winter-park-micromobility-device-ban-20200624-g34ionxlgjbsxpefh5hxj3nx2u-story. html.
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