Bill Summary – FastDemocracy

HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 353 Bicycle Operation Regulations
SPONSOR(S): Hage
TIED BILLS:       IDEN./SIM. BILLS: SB 738
    REFERENCE                                                        ACTION                   ANALYST              STAFF DIRECTOR or
                                                                                                                   BUDGET/POLICY CHIEF
    1) Tourism, Infrastructure & Energy Subcommittee                 18 Y, 0 N                Johnson              Keating
    2) Commerce Committee                                            24 Y, 0 N                Johnson              Hamon
                                                         SUMMARY ANALYSIS
Florida law requires that a person riding a bicycle must ride upon or astride a permanent and regular seat
attached to the bicycle. A violation of this provision is a noncriminal traffic infraction, punishable as a
pedestrian violation. However, manufacturers are now offering bicycles designed to be operated without seats,
which, under Florida law, are unlawful and subject their riders to pedestrian citations.
The bill authorizes a bicycle to be operated without a seat if it was designed by the manufacturer to be
operated without one.
State and local governments may see a reduction in revenues associated with no longer issuing citations for
riding a bicycle without a seat.
The bill has an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0353c.COM
DATE: 3/2/2021
                                                    FULL ANALYSIS
                                             I. SUBSTANTIVE ANALYSIS
    A. EFFECT OF PROPOSED CHANGES:
        Current Situation
        Florida law defines the term “bicycle” to mean every vehicle 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. The term does not include a scooter or similar device.1
        Section 316.2065, F.S., provides the state’s bicycle regulations. Included in those regulations is a
        provision prohibiting a person from operating a bicycle other than upon or astride a permanent and
        regular seat attached to the bicycle.2 A violation is a noncriminal traffic infraction, punishable as a
        pedestrian violation as provided in ch. 318, F.S.3 The base fine is $15;4 however, with various
        additional fees the total fine is up to $56.50.5
        Manufacturers are now offering self-propelled vehicles that meet the definition of a bicycle, but are
        designed to be operated without a seat. Manufacturers emphasize that these vehicles provide a low
        impact and full body workout.6 However, with the statutory requirement that bicycles have a seat, it is
        unlawful to ride one of these vehicles in Florida, and riders are subject to citations.
        Effect of the Bill
        The bill amends s. 316.2065, F.S., authorizing a bicycle to be operated without a seat if the bicycle was
        designed by the manufacturer to be operated without one.
        The bill has an effective date of July 1, 2021.
    B. SECTION DIRECTORY:
        Section 1 Amends s. 316.2065, F.S., relating to bicycle regulations.
        Section 2 Provides for an effective date of July 1, 2021.
                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
    A. FISCAL IMPACT ON STATE GOVERNMENT:
        1. Revenues:
            To the extent there is a decrease in the number of citations issued for operating bicycles without
            seats, the state may realize a reduction in revenue. However, the fiscal impact cannot be quantified
            and is indeterminate.
        2. Expenditures:
            None.
1
  S. 316.003(4), F.S.
2
  S. 316.2065(2), F.S.
3
  S. 316.2065(19), F.S.
4
  S. 318.18(1), F.S.
5
  Florida Association of Clerks of Court, 2020 Distribution Schedule, p. 21. Available at:
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/advisories/advisories_2021/21bull005_Attach_2_2020_Dist.pdf (last
visited February 4, 2021).
6
  See for example the Elliptigo, https://www.elliptigo.com/ (last visited February 4, 2021).
STORAGE NAME: h0353c.COM                                                                                              PAGE: 2
DATE: 3/2/2021
   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
       1. Revenues:
           To the extent there is a decrease in the number of citations issued for operating bicycles without
           seats, local governments may realize a reduction in revenue. However, the fiscal impact cannot be
           quantified and is indeterminate.
       2. Expenditures:
           None.
   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       Bicycle riders will no longer be subject to citations associated with operating bicycles without seats, if
       the bicycle is designed to be operated without a seat.
   D. FISCAL COMMENTS:
       None.
                                                III. COMMENTS
   A. CONSTITUTIONAL ISSUES:
       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
          raise revenue in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.
       2. Other:
          None.
   B. RULE-MAKING AUTHORITY:
       The bill does not provide a grant of rulemaking, nor does it require rulemaking.
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.
                           IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
   Not applicable.
STORAGE NAME: h0353c.COM                                                                                    PAGE: 3
DATE: 3/2/2021
Statutes affected: 
H 353 Filed: 316.2065
H 353 e1: 316.2065, 316.20655
H 353 er: 316.2065, 316.20655