Bill Text: FL S0460 | 2017 | Regular Session | Introduced
Bill Title: Personal Delivery Devices
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-05-05 - Died in Rules, companion bill(s) passed, see CS/HB 1027 (Ch. 2017-150) [S0460 Detail]
Download: Florida-2017-S0460-Introduced.html
Florida Senate - 2017 SB 460 By Senator Brandes 24-00306B-17 2017460__ 1 A bill to be entitled 2 An act relating to personal delivery devices; amending 3 s. 316.003, F.S.; defining the terms “personal 4 delivery device,” “personal delivery device operator,” 5 and “agent”; conforming a cross-reference; amending s. 6 316.008, F.S.; authorizing the operation of personal 7 delivery devices within county or municipal 8 jurisdictions under certain circumstances; providing 9 for construction; prohibiting the operation of 10 personal delivery devices on the Florida Shared-Use 11 Nonmotorized Trail Network; creating s. 316.82, F.S.; 12 requiring a personal delivery device operator to 13 maintain an insurance policy that provides general 14 liability coverage of at least a specified amount for 15 damages arising from the operation of a personal 16 delivery device; amending s. 320.02, F.S.; exempting 17 personal delivery devices from certain registration 18 and insurance requirements; requiring a personal 19 delivery device operator to maintain a specified 20 insurance policy; amending ss. 316.2128, 316.545, 21 316.613, and 655.960, F.S.; conforming provisions to 22 changes made by the act; conforming cross-references; 23 providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Present subsections (51) through (97) of section 28 316.003, Florida Statutes, are renumbered as subsections (53) 29 through (99), respectively, present subsection (55) of that 30 section is amended, and new subsections (51) and (52) are added 31 to that section, to read: 32 316.003 Definitions.—The following words and phrases, when 33 used in this chapter, shall have the meanings respectively 34 ascribed to them in this section, except where the context 35 otherwise requires: 36 (51) PERSONAL DELIVERY DEVICE.—A motorized device for use 37 primarily on sidewalks and crosswalks at a maximum speed of 10 38 miles per hour, which weighs 50 pounds or less excluding cargo, 39 and which is capable of all of the following: 40 (a) Transporting items with or without a personal delivery 41 device operator directly controlling the device. 42 (b) Identifying and yielding to pedestrians, bicyclists, 43 and other lawful users of public space. 44 (c) Identifying and yielding to property. 45 (d) Navigating public thoroughfares. 46 (e) Interpreting traffic signals and signs at crosswalks. 47 (f) Directing a personal delivery device operator to assume 48 actual physical control over the navigation and control of the 49 device, and coming to an off-roadway controlled stop in the 50 event an operator is unable to assume actual physical control of 51 the device. A personal delivery device must include a plate or 52 marker that identifies the name and contact information of the 53 personal delivery device operator. 54 (52) PERSONAL DELIVERY DEVICE OPERATOR.—An entity or its 55 agent that exercises direct physical control over the navigation 56 system and operation of a personal delivery device. The personal 57 delivery device operator is legally responsible for the 58 navigation and operation of a personal delivery device. For the 59 purposes of this subsection, the term “agent” means a person 60 charged by the entity with the responsibility of navigating and 61 operating the device. The term “personal delivery device 62 operator” does not include any person or entity that requests, 63 or contracts for, the services of a personal delivery device for 64 the purpose of transporting property. 65 (57)(55)PRIVATE ROAD OR DRIVEWAY.—Except as otherwise 66 provided in paragraph (79)(b)(77)(b), any privately owned way 67 or place used for vehicular travel by the owner and those having 68 express or implied permission from the owner, but not by other 69 persons. 70 Section 2. Subsection (7) of section 316.008, Florida 71 Statutes, is amended to read: 72 316.008 Powers of local authorities.— 73 (7)(a) A county or municipality may enact an ordinance to 74 permit, control, or regulate the operation of vehicles, golf 75 carts, mopeds, motorized scooters, and electric personal 76 assistive mobility devices on sidewalks or sidewalk areas when 77 such use is permissible under federal law. The ordinance must 78 restrict such vehicles or devices to a maximum speed of 15 miles 79 per hour in such areas. 80 (b)1. Except as provided in subparagraph 2., the operation 81 of personal delivery devices within county or municipal 82 jurisdictions is authorized when such use is permissible under 83 federal law, unless a county or municipality enacts an ordinance 84 to prohibit such operation. This paragraph does not restrict a 85 county or municipality from otherwise adopting regulations for 86 the safe operation of personal delivery devices. 87 2. The operation of personal delivery devices on the 88 Florida Shared-Use Nonmotorized Trail Network created under s. 89 339.81 is prohibited. 90 Section 3. Section 316.82, Florida Statutes, is created to 91 read: 92 316.82 Personal delivery device operators; insurance 93 requirement.—A personal delivery device operator as defined in 94 s. 316.003 shall maintain an insurance policy that provides 95 general liability coverage of at least $100,000 for damages 96 arising from the operation of a personal delivery device. 97 Section 4. Subsection (19) is added to section 320.02, 98 Florida Statutes, to read: 99 320.02 Registration required; application for registration; 100 forms.— 101 (19) A personal delivery device as defined in s. 316.003 is 102 not required to satisfy the registration and insurance 103 requirements of this section, except that a personal delivery 104 device operator must maintain an insurance policy as provided in 105 s. 316.82. 106 Section 5. Subsection (1) of section 316.2128, Florida 107 Statutes, is amended to read: 108 316.2128 Operation of motorized scooters and miniature 109 motorcycles; requirements for sales.— 110 (1) A person who engages in the business of, serves in the 111 capacity of, or acts as a commercial seller of motorized 112 scooters or miniature motorcycles in this state must prominently 113 display at his or her place of business a notice that such 114 vehicles are not legal to operate on public roads, may not be 115 registered as motor vehicles, and may not be operated on 116 sidewalks unless authorized by an ordinance enacted pursuant to 117 s. 316.008(7)(a) or s. 316.212(8). The required notice must also 118 appear in all forms of advertising offering motorized scooters 119 or miniature motorcycles for sale. The notice and a copy of this 120 section must also be provided to a consumer prior to the 121 consumer’s purchasing or becoming obligated to purchase a 122 motorized scooter or a miniature motorcycle. 123 Section 6. Paragraph (b) of subsection (2) of section 124 316.545, Florida Statutes, is amended to read: 125 316.545 Weight and load unlawful; special fuel and motor 126 fuel tax enforcement; inspection; penalty; review.— 127 (2) 128 (b) The officer or inspector shall inspect the license 129 plate or registration certificate of the commercial vehicle to 130 determine whether its gross weight is in compliance with the 131 declared gross vehicle weight. If its gross weight exceeds the 132 declared weight, the penalty shall be 5 cents per pound on the 133 difference between such weights. In those cases when the 134 commercial vehicle is being operated over the highways of the 135 state with an expired registration or with no registration from 136 this or any other jurisdiction or is not registered under the 137 applicable provisions of chapter 320, the penalty herein shall 138 apply on the basis of 5 cents per pound on that scaled weight 139 which exceeds 35,000 pounds on laden truck tractor-semitrailer 140 combinations or tandem trailer truck combinations, 10,000 pounds 141 on laden straight trucks or straight truck-trailer combinations, 142 or 10,000 pounds on any unladen commercial motor vehicle. A 143 driver of a commercial motor vehicle entering the state at a 144 designated port-of-entry location, as defined in s. 316.003s.145316.003(54), or operating on designated routes to a port-of 146 entry location, who obtains a temporary registration permit 147 shall be assessed a penalty limited to the difference between 148 its gross weight and the declared gross vehicle weight at 5 149 cents per pound. If the license plate or registration has not 150 been expired for more than 90 days, the penalty imposed under 151 this paragraph may not exceed $1,000. In the case of special 152 mobile equipment, which qualifies for the license tax provided 153 for in s. 320.08(5)(b), being operated on the highways of the 154 state with an expired registration or otherwise not properly 155 registered under the applicable provisions of chapter 320, a 156 penalty of $75 shall apply in addition to any other penalty 157 which may apply in accordance with this chapter. A vehicle found 158 in violation of this section may be detained until the owner or 159 operator produces evidence that the vehicle has been properly 160 registered. Any costs incurred by the retention of the vehicle 161 shall be the sole responsibility of the owner. A person who has 162 been assessed a penalty pursuant to this paragraph for failure 163 to have a valid vehicle registration certificate pursuant to the 164 provisions of chapter 320 is not subject to the delinquent fee 165 authorized in s. 320.07 if such person obtains a valid 166 registration certificate within 10 working days after such 167 penalty was assessed. 168 Section 7. Paragraph (a) of subsection (2) of section 169 316.613, Florida Statutes, is amended to read: 170 316.613 Child restraint requirements.— 171 (2) As used in this section, the term “motor vehicle” means 172 a motor vehicle as defined in s. 316.003 that is operated on the 173 roadways, streets, and highways of the state. The term does not 174 include: 175 (a) A school bus as defined in s. 316.003s. 316.003(68). 176 Section 8. Subsection (1) of section 655.960, Florida 177 Statutes, is amended to read: 178 655.960 Definitions; ss. 655.960-655.965.—As used in this 179 section and ss. 655.961-655.965, unless the context otherwise 180 requires: 181 (1) “Access area” means any paved walkway or sidewalk which 182 is within 50 feet of any automated teller machine. The term does 183 not include any street or highway open to the use of the public, 184 as defined in s. 316.003(79)(a)s. 316.003(77)(a)or (b), 185 including any adjacent sidewalk, as defined in s. 316.003. 186 Section 9. This act shall take effect July 1, 2017.