HomeMy WebLinkAboutDocumentation_Workshop_Tab 03_9/28/2020Agenda Item #3.
Workshop
STAFF
MEMO
Meeting: Workshop - Sep 28 2020
Staff Contact: Keith Davis, Village Attorney
Discussion on E-bike Ordinance
Teguesta - E-Bikes Memo update
Department: Legal
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Agenda Item #3.
Q� DAVIS &
ASH]` 0NI
Keith W. Davis, Esq.
Florida Bar Board Certified Attorney
City, County and Local Government Law
Email: keith@davisashtonlaw.com
MEMORANDUM
TO: Mayor and Village Council; Village Manager Allen
FROM: Keith Davis, Esq.
DATE: September 3, 2020 — September 9, 2020 Update
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 a -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 o� 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 o� 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
1 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 ridings
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 a -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.'0
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.
7 Id. at Section 8.
8 Id.
9 Id.
10 See generally § 316.008, Fla. Stat.
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4. Targeted prohibition of e-bike use on certain roadways is permissible — The above
analysis suggests that the Village could prohibit a -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 e-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 a -bikes on their trails.13
5. Regulation of commercial a -bike operations — While the new law is silent on the ability of
the Village to regulate or prohibit commercial e-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
6. Licensure requirement is impermissible — The new law states that e-bikes or e-bike
operators shall not be subject to laws relating to "financial responsibility, driver or motor
vehicle licenses, vehicle registration, title certificates, off -highway motorcycles, or off -
highway vehicles."15 Therefore, creating a driver's license or permit requirement for the
operation of e-bikes in the Village is impermissible under the new law.
7. Minimum age requirement mawpermissible, but questions remain - While the new law
is silent on the ability of the Village to implement a minimum age requirement for the
operation of e-bikes within its jurisdiction, such action may be permissible in accordance
with the broad home rule authority granted in Sec. 316.008, Florida Statutes. However,
implementation of a minimum age requirement for e-bikes brings its own issues which
should be thoroughly considered before adoption.
First, different age requirements could be considered for operation of different statutory
`classes' of e-bikes. The City of Sanibel has adopted an approach like this, generally
prohibiting the operation of all e-bikes on sidewalks and shared use paths, but specifically
allowing persons 18 years or older to operate a `Class 1' e-bike on such sidewalks and
shared use paths.
The issue of enforcement should be considered. Village police administration should be
consulted on the topic of ability to determine operator age in real-time situations. 16 As
11 Id; see also Fort Myers Beach Municipal Code, Sec. 28-84 (banning electric bicycles from "any public sidewalk, path,
or beach.").
12 Florida Proposal Could Mean More Access for E-Bikes, GOV'T TECHNOLOGY (last visited July 20, 2020)3
https://www.govtech.com/fs/transportation/Florida-Proposal-Could-Mean-More-Access-for-E-Bikes.html.
13 Chris Burns, E-Bikes and Florida Law, FLA. CYCLING L. BLOG (May 25, 2018),
https://floridacycl inglaw.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.orlandosentinel.com/news/orange-county/os-ne-
winter-park-micromobility-device-ban-20200624-g34ionxlgjbsxpefh5hxj3nx2u-story.html.
15 Laws of Florida Ch. 2020-69, at Section 8.
16 Similar to their enforcement of the Village's `Parking, Stopping, Standing' regulations, the Tequesta Police Department
is the appropriate enforcement authority for Village regulations related to a -bike usage on Village sidewalks, streets, and
rights -of -way, See Tequesta Municipal Code, Sec. 46-62(a).
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compared to enforcement of a simple `no sidewalks or shared walkways' requirement for
e-bikes in the Village, enforcing a minimum age requirement could lead to more
complicated and uncertain enforcement situations.
8. Maximum speed limits permissible and possibly required —Setting maximum speed limits
for e-bike operation pursuant to home rule authority granted in Sec. 316.008, Florida
Statutes is permissible. Sec. 316.008(7)(a), Florida Statutes expressly requires that any
local ordinance regulating a -bike operation on sidewalks or shared use paths "must
restrict [e-bikes] to a maximum speed of 15 miles per hour in such areas. "17 Similar to a
minimum age requirement, however, enforcement of maximum speed requirements for e-
bikes should be discussed with Village police administration.
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 a -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 and zoning guidance will be important in making this
determination.
4. Determine whether to implement a minimum age requirement for e-bike usage within
the Village and if so, whether the age requirement should vary depending on the `class'
of e-bike being used.
5. Determine whether to implement maximum speed limits for e-bikes within the Village
and if so, whether the speed limit should vary depending on the area where the e-bike
is being used.
6. 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.
7. Direct Village Staff to prepare the appropriate ordinances, citation forms, etc. for
adoption and implementation of Village Council direction.
17 Laws of Florida Ch. 2020-69, which amends Sec. 316.008(7)(a), Fla. Stat.
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