The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 738
INTRODUCER: Rules Committee and Senator Baxley
SUBJECT: Bicycle Operation Regulations
DATE: March 26, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Price Vickers TR Favorable
2. Hackett Ryon CA Favorable
3. Price Phelps RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 738 amends a current prohibition against a person operating a bicycle other than upon or
astride a permanent and regular attached seat, providing that the prohibition applies unless the
bicycle was designed by the manufacturer to be ridden without a seat. Under the bill, a person
riding a bicycle manufactured without a seat would not be subject to an existing penalty for a
violation of the prohibition.
The bill also amends existing electric bicycle regulations that afford an electric bicycle or electric
bicycle operator the same rights, privileges, and duties of a bicycle or bicycle operator, providing
that such regulations do not prevent a municipality, county, or agency of the state with
jurisdiction over a beach or dune from restricting or prohibiting the operation of an electric
bicycle on such beach or dune.
The bill, with respect to riding a bicycle manufactured without a seat, is expected to present an
unknown but likely insignificant negative fiscal impact to state and local revenues, and an
insignificant positive fiscal impact to riders of bicycles manufactured to be ridden without a seat.
The fiscal impact of the provision relating to electric bicycles is unknown.
The bill takes effect July 1, 2021.
BILL: CS/SB 738 Page 2
II. Present Situation:
Bicycles
While the “traditional” bicycle that comes to mind may be of the two-tandem-wheel variety with
an attached seat, other devices generally recognized as bicycles, such as elliptical bicycles, may
be sold with two tandem wheels or with two front or two rear wheels1 and may be manufactured
without an attached seat for a rider’s use. For these, no seat is attached by the manufacturer, as
the rider stands while propelling the bicycle by human power.
Attached Bicycle Seats
Florida Bicycle Law
Section 316.003(4), F.S., defines the term “bicycle” to mean “every vehicle2 propelled solely by
human power, having two tandem wheels, and including any device generally recognized as a
bicycle though equipped with two front or two rear wheels.3 The term does not include a scooter
or similar device.” An elliptical bicycle, for example, appears to meet the definition.
Section 316.2065(2), F.S., however, prohibits a person operating a bicycle from riding other than
upon or astride a permanent and regular seat attached thereto.4 At least one rider has reportedly
been cited for a violation of this provision while riding an elliptical bicycle.5
Section 316.2065(19), F.S., provides that a violation of that section is a noncriminal traffic
infraction, which is punishable as a pedestrian violation, and subjects a violator to a $15 penalty,6
plus court costs, portions of which are distributed monthly to various entities and trust funds.7
California Bicycle Law
Research identifies one other state, California,8 with a statute that includes the same prohibition
against riding other than upon or astride a permanent and regular seat attached to the bicycle, but
also provides an exception when the bicycle was designed by the manufacturer to be ridden
without a seat.
1
See Bicycling, Take Your Low-Impact Workout Outside with an Elliptical Bike, to view examples of three differently-
configured elliptical bikes, available at https://www.bicycling.com/bikes-gear/g23895814/elliptical-bike/ (retrieved February
16, 2021).
2
The term “vehicle” is defined in s. 316.003(103), F.S., as “every device in, upon, or by which any person or property is or
may be transported or drawn upon a highway, except personal delivery devices, mobile carriers, and devices used exclusively
upon stationary rails or tracks.”
3
Emphasis added.
4
Emphasis added.
5
See email to committee staff, January 29, 2021 (on file in the Senate Community Affairs Committee).
6
Section 318.18(1)(b), F.S.
7
Revenues for a violation of the current prohibition against riding other than on or astride a seat attached to a bicycle are
distributed monthly in portions specified in s. 318.21, F.S., to various local entities (such as court clerks, and counties and
municipalities in which a violation occurs) and various state trust funds (such as the Child Welfare Training Trust Fund,
Grants and Donations Trust Fund, and Emergency Medical Services Trust Fund).
8
See California Vehicle Code, VEH s. 21204.
BILL: CS/SB 738 Page 3
While use of elliptical bicycles may not be as prevalent as use of “traditional” bicycles, elliptical
bicycles are readily available on the market. However, a person operating an elliptical bicycle is
explicitly in violation of current Florida law if the bicycle has no attached seat for the rider’s use.
Regulation of Electric Bicycles
Under current law, an electric bicycle9 or an operator of an electric bicycle is generally afforded
all the rights and privileges and is subject to all of the duties of a bicycle or a bicycle operator.10
However, current law does not prevent a local government, through the exercise of its powers
under s. 316.008, F.S.,11 from adopting an ordinance governing the operation of electric bicycles
on streets, highways, sidewalks, and sidewalk areas under the local government’s jurisdiction,
nor to prevent a municipality, county, or state agency with jurisdiction over a bicycle path,
multiuse path, or trail network from restricting or prohibiting the operation of an electric bicycle
on a bicycle path, multiuse path, or trail network.12
Beach Access and Use
Article X, Section 11 of the Florida Constitution provides that the state holds the land seaward of
the mean high-tide line (MHTL) in trust for the public, leaving the public a right of access below
the MHTL, as depicted in the graphic below.13 Known as the “Public Trust Doctrine,” the
traditionally contemplated public access for fishing, commerce, and navigation has been more
recently expanded to include recreational uses.14 Beaches are treated as essential public coastal
recreational resources, as is reflected in the State Comprehensive Plan, which expressly states
with respect to coastal and marine resources a policy of ensuring the public’s right to reasonable
access to beaches.15 Private beachfront property, however, extends to the MHTL, unless the dry
beach is owned for public use, such as in local, state, or federal parks; but private property
owners may have the ability to exclude public access to or through their property.16
9
Section 316.003(22), F.S., defines the term “electric bicycle” to mean a bicycle or tricycle equipped with fully operable
pedals, a seat or saddle for the use of the rider, and an electric motor of less than 750 watts which meets…” one of three
classifications of electric bicycles, depending upon whether a rider is pedaling, whether the motor is capable of exclusive
propulsion of the electric bicycle, and the speed at which the motor ceases to provide propulsion assistance. These bicycles
are, as indicated, motorized.
10
Section 316.20655(1), F.S.
11
Current law states that the provisions of chapter 316, F.S., relating to uniform traffic control, do not prevent local
authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police
power, from enacting a broad list of approved regulations, one of which specifically refers to regulating the operation of
bicycles. Section 316.008, F.S.,
12
Supra note 10.
13
See Sea Grant Florida, Beaches, available at https://www.flseagrant.org/wateraccess/beaches/#:~:text=Affairs%201995).-
,Beach%20Users,in%20trust%20for%20the%20public. (last visited March 24, 2021). “Florida Sea Grant is a university-
based program [at the University of Florida] that supports research, education, and extension to conserve coastal resources
and enhance economic opportunities for the people of Florida. See Sea Grant Florida, About Us, available at
https://www.flseagrant.org/about/ (last visited March 24, 2021).
14
Id.
15
Section 187.201(8)(b)(2), F.S.
16
Id.
BILL: CS/SB 738 Page 4
Definitions
The term “beach” is defined for purposes of construing the Coastal Zone Protection Act of
1985,17 to mean “the zone of unconsolidated material that extends landward from the mean low-
water line to the place where there is marked change in material or physiographic form, or to the
line of permanent vegetation, usually the effective limit of storm waves. ‘Beach’ is alternatively
termed ‘shore.’”18
The term “dune” is defined for the same purpose to mean “a mound or ridge of loose sediments,
usually sand-sized sediments, lying landward of the beach and deposited by any natural or
artificial mechanism.19
III. Effect of Proposed Changes:
The bill amends s. 316.2065(2), F.S., to require a person operating a bicycle to ride upon or
astride a permanent and regular attached seat, unless the bicycle was designed by the
manufacturer to be ridden without a seat. Thus, under the bill, persons riding a bicycle
manufactured to be ridden without a seat will no longer be subject to the $15 penalty.
The bill also amends s. 316.2065(1), F.S., providing that bicycle regulations that afford an
electric bicycle or electric bicycle operator the same rights, privileges, and duties of a bicycle or
bicycle operator do not prevent a municipality, county, or agency of the state with jurisdiction
over a beach or dune, defined as described above, from restricting or prohibiting the operation of
an electric bicycle on such beach or dune. Under the bill, a municipality, a county, or a state
agency with jurisdiction over a beach or dune may regulate the operation of electric bicycles on
such beach or dune, which would include prohibiting such operation.
17
Sections 161.52-161.58, F.S.
18
Section 161.54(3), F.S.
19
Section 161.54(4), F.S.
BILL: CS/SB 738 Page 5
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
An insignificant positive fiscal impact is expected for riders of bicycles manufactured to
be ridden without a seat, as such riders would no longer be subject to the applicable
penalty. To the extent that any municipality, county, or state agency enacts ordinances or
rules restricting or prohibiting the operation of electric bicycles on beaches or dunes,
electric bicycle riders may be subject to payment of a penalty for a violation. However,
the extent of any fiscal impact resulting from a potential penalty is unknown.
C. Government Sector Impact:
The number of citations previously issued for violations of the prohibition is unknown;
thus, the extent of any reduction to state and local revenues resulting from the exception
provided under the bill is unknown. However, any revenue reduction is likely
insignificant.
The Florida Department of Highway Safety and Motor Vehicles advises it will incur
insignificant expenses associated with updating the Florida Driver’s Handbook and
 BILL: CS/SB 738 Page 6
Uniform Traffic Infraction guide, as well as training law enforcement personnel on the
bill’s provisions.20
To the extent that any municipality, county, or state agency enacts ordinances or rules
restricting or prohibiting the operation of electric bicycles on beaches or dunes, that entity
will likely incur insignificant administrative expenses associated with enacting such
ordinances or adopting such rules, offset by collection of potential penalties. The extent
of any fiscal impact resulting from a potential penalty is unknown.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill amends s. 316.2065 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Rules on March 25, 2021:
The committee substitute provides that existing electric bicycle regulations affording an
electric bicycle or electric bicycle operator the same rights, privileges, and duties of a
bicycle or bicycle operator do not prevent a municipality, county, or agency of the state
with jurisdiction over a beach or dune from restricting or prohibiting the operation of an
electric bicycle on such beach or dune.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
20
See Department of Highway Safety and Motor Vehicles Legislative Bill Analysis for 2020 SB 738 (on file in the Senate
Transportation Committee).


Statutes affected:
S 738 Filed: 316.2065
S 738 c1: 316.2065, 316.20655