Florida laws regarding motorized scooters
One of the quickest and most convenient ways to get around is to use a motorized scooter. Typically, a motorized scooter is aimed at providing mobility to disabled adults but, in reality, both disabled and able-bodied adults use these devices . While there are all sorts of scooters, from inexpensive models you can pick up at your local big-box retailer to more sophisticated models, each powered by batteries and meant for riding on roadways, sidewalks and other improved surfaces, the laws about motorized scooters are not so easily accessible.
Understanding Florida’s motorized scooter laws are important for a number of reasons: But what exactly are these laws? Let’s examine Florida’s motorized scooter laws more closely.
What Florida defines as a motorized scooter
The definition of motorized scooters varies between the states. Florida Statute 320.01(28) explains it as: The term ‘Motorized Scooter’ or ‘scooter’ means a nonpedal powered device designed to transport not more than 1 person which has no seat or a seat that is not designed to be straddled by the user’s legs or with the legs of vehicle, motorcycle, motor scooter, moped, golf cart, all-terrain vehicle, or go-cart. Motorized scooters shall be exempt from the requirements of registration and licensing under the provisions of this chapter, but shall not be authorized for use on the public roads, streets, or highways of this state.
In other words, it’s a two-wheeled, non-seated, unlicensed vehicle that doesn’t fall into the category of bicycles, mopeds, motorcycles, or go-carts and pretty well leaves you to your own devices when getting involved in an accident with another vehicle.
Licensing and age restrictions for motorized scooters in the state
There are no specific age or licensing requirements under Florida law to operate a motorized scooter. In fact, under Florida Statute § 316.212(1), an individual operating a motorized scooter is not required to obtain a Class E driver’s license or to display a license tag and registration.
Because of the above, motorized scooters are somewhat in limbo in terms of Florida vehicle and traffic laws. As with all motorized vehicles, a rider is required to exercise due care in the use of a motorized scooter. Florida Statutes still define an operator as being negligent for failing to operate a scooter in the manner a reasonably prudent person would have operated the vehicle under the same or similar circumstances. However, the lack of a driver’s license or registration tag means there may not be an identifiable individual to bring a claim against. In other words, what Florida Statute § 316.212(1) gives with one hand, it takes away with the other.
Where is it permitted to operate a motorized scooter and where is it not
The law regarding the use of a scooter on sidewalks is governed by Florida Statute 316.206. This law states that these scooters must be driven on sidewalks whenever possible. The law also states that the scooter driver must give an audible signal of intent to overtake and pass a pedestrian. Basically, if you are on a sidewalk and a pedestrian is in the way, you need to indicate that you are coming through on your scooter and the pedestrian will allow you through. However, the scooter driver must yield the right-of-way to any pedestrian and must give way to the pedestrians when necessary (like at slower speeds).
A scooter cannot be driven at a greater speed than a "normal walk." If you are traveling too fast, you can be charged with a violation. While the scooter may be able to go 20 mph on flat ground, any speed over walking speed is technically illegal on a sidewalk. When riding a scooter in Florida, its speed must be exaggerated. This is why most scooter accidents occur on streets rather than sidewalks. These accidents occur because the scooter rider believes they can go much faster than the permitted speed of the scooter.
On-street limitations are defined under Florida Statute 316.2065. This statute explains how you can ride your scooter on city streets. First of all, the operator cannot be less than 16 years of age. To operate the "scooter," it must be equipped with brakes and unequipped with handlebars. Road or street conditions must be dry before the scooter is operated. So if it has been raining, you should not be using the scooter if the roads are slippery.
The scooter can be driven on bike paths, bike lanes, highway shoulders and roadways. The scooter cannot be operated on limited access highways, streets with a groove in the pavement (unless enough space is provided to operate the scooter safely), and places where you would drive a motorized scooter but for the incorrect lane.
The use of helmets and safety gear
Florida law has no statewide helmet requirements in place for motorized scooters. However, that does not mean that riders do not need to protect themselves from injury. The local laws in your given community will act as an indicator as to whether or not you are required to wear a helmet and possibly even additional protective gear while riding your scooter. Also, most scooter manufacturers recommend that people do wear a helmet and protective gear while operating their vehicles.
If there are no local laws, then it is recommended that you wear a helmet when riding a scooter for safety. While the severity of injuries can be minimized by wearing safety gear, there is no way to predict if you will actually be able to avoid a head injury simply by wearing a helmet. Helmets cannot prevent all head injuries, they can only minimize the risk. It is also recommended to wear additional safety gear such as a bright reflective vest, elbow pads, knee pads and gloves for further protection.
A strong recommendation goes out to those under the age of 16 to not ride on scooters at all. This is because children under the age of 16 do not have the general maturity to handle riding a scooter safely. These riders are also more likely to get seriously injured than those over the age of 16. Based on statistics, those who are aged 16 to 44 are at a higher risk of serious injury than any other age group.
Rules for speed and other aspects of operation
Florida Statutes do not provide any statutory speed limit for motorized scooters. However, the scooter’s operator must conform to city ordinances and the rules of the road in general, which may mean conforming to speed limits for the particular roadway the scooter is being operated upon. The aforementioned Florida statutes do make it clear that a motorized scooter should not be capable of exceeding a speed of thirty (30) miles per hour, except for the scooter being driven downhill .
Florida administrative rules [Rule 15B-1.001(7)] for motorized scooters specifically states that the scooter’s driver should not use a motorized scooter on an interstate highway or limited access highway unless the driver is a maintenance worker.
Failure of a motorized scooter operator to adhere to Florida’s laws, ordinances and administrative rules for motorized scooters could be grounds for legal liability for the operator of the motorized scooter.
Penalties for violating the rules
It is worth noting that if you are cited with a non-compliance violation, you will face penalties.
Examples of non-compliance violations include:
A. Riding an electric scooter on a sidewalk
B. Riding an electric scooter when the person driving the scooter is under 16 years of age
C. Riding an electric scooter while under the influence of drugs and/or alcohol
D. Riding an electric scooter while being reckless, careless or negligent
The penalties for violations to The Florida Motorized Scooter Ordinance are as follows:
➢ For any person cited for violation under section 2, "Personal Responsibility," there is a fine of $25.
➢ For any person cited for violation under section 3, "Penalties," fines for first violations are as follows: 1st offense is $95, 2nd offense is $270, and a 3rd offense yields a fine of $455. After the 3rd violation, the violator will be revoked of their right to operate the electric scooter within the City of Fort Lauderdale.
➢ Fines for 3rd offense includes having the scooter impounded for 30 days and repay the cost of the impoundment.
➢ If the violator fails to pay the fines and fees assessed by the Municipal Court Judge, the violator will be subject to a civil penalty not to exceed $150.
The violation of the laws associated with The Florida Motorized Scooter Ordinance will result in civil and financial responsibility. In addition, violators are liable for any damages which may arise anew to any individual, group, partnership, corporation, limited liability company, trust, governmental entity or other legal entity which results from the violators use of an electric scooter.
Comparison of state law to city law
Knowing whether it’s a state or city ordinance that applies to you is critical, especially since some ordinances provide for criminal charges and penalties, while others might just subject violators to a civil citation. That’s why the next category we cover is the differences in motorized scooter laws between the state of Florida and various cities.
For this, we’ll focus on three municipalities: Orlando, Miami, and Tampa. It’s easy to see how Orlando and Miami share common ground on many topics, with a chunk of Central Florida also included in the same metropolitan area as Orland. But, the Tampa Bay region has its own metro area and is surrounded by different counties such as Pinellas and Hillsborough, so we want to know if there are any differences.
In Florida, the statewide law for motorized scooters defines a motorized scooter as "any wheeled device that has handlebars and is designed to be stood or sat upon by a person giving its forward motion." This is found in Florida Statutes Section 316.003.1c1. In short, it includes not only e-scooters, but also electric kick scooters and electric bicycles. However, Florida Statute Section 316.2122 is where we see e-scooters and e-bicycles prohibited from sidewalks when the speed limit is over 30 miles an hour.
The orange county ordinance 2014-14 includes the same definition of scooter given in the Florida Statutes definition above. The ordinance states that it’s unlawful for anyone under the age of 17 to operate a scooter within Orange County or any of its unincorporated areas, unless that person is exempted from the requirements of Florida Statutes Section 322.161.1 which requires a person to have a valid, unexpired driver’s license or learner’s permit.
Orange County requires there to be four safety features present before a person can legally operate an e-scooter there. The front headlamp and taillight must be visible from a distance of at least 500 feet in front and behind, and the scooter must have reflectors on each side and in the rear.
If you live in one of the many neighborhoods in Miami-Dade, you must be 16 years or older to operate a scooter on sidewalks and roadways, unless the person receives permission from their parent or legal guardian. We also see similar sound and lighting requirements as in Orange County.
Miami Dade asks that speed limit signs be posted within "speed bump" zones where motorized scooters are prohibited. And finally, all motorized scooters must have bicycle bells or electric horns in good working condition, visible brakes and at least one working brake light.
The city of Tampa, while also located in the Tampa Bay region, takes a different approach from its neighbors on many fronts. Tampa does not require riders to wear helmets nor does it require users to be 16 years or older to operate within Tampa’s limits, although a parent’s consent is needed.
Tampa does not prohibit riding on sidewalks or roadways, with no restrictions on where to ride and many of the same safety features as Miami Dade and Orange County. The only difference there is that Tampa requires a light on the rear of the scooter, when Miami does not.
Changes in the laws and public perception
The ongoing debate surrounding the legality of motorized scooters in Florida has seen significant movement in the years leading up to 2022. In the last several years, public opinion has evolved, and so too has legislative action in the state legislature.
In early 2018, new legislation (SB 102) was passed which explicitly exempted motorized scooters from the definition of a "vehicle", declaring them as "low-speed electric bicycles" instead. The law went into effect in July of that year.
"Low-speed electric bicycles" are defined as bicycles equipped with two or three wheels, a saddle seat, fully operable pedals and an electric helper motor with a maximum power output of 750 watts, or 1 horsepower. A low-speed electric bicycle can be classified as "Class 1" or "Class 3", depending on its top speed and whether it is equipped with a throttle.
This legislative change led to an influx of rental scooter companies entering the Florida market, as lessors aimed to serve the for-profit scooter demand in the Sunshine State.
In September of 2019, for example, Bird launched a pilot program in Fort Lauderdale to offer 250 scooters to riders aged 16 or older. The scooters were deployed in several neighborhoods, including Downtown Fort Lauderdale and areas surrounding the Fort Lauderdale International Airport. Through the pilot program, Fort Lauderdale aimed to study resident and tourist usage of electric scooters and the need for increased regulations.
Similarly, Lime introduced its products to Broward County in September of 2019, when the company began a pilot program of its own with a fleet of 300 e-scooters for adult riders. With the pilot program, Broward County also hoped to gather data to evaluate usage across the county, including how scooters affect traffic and injuries in the area.
In January 2019, the City of Miami following an August 2018 assessment of the possible economic and environmental impacts of scooter usage in the city’s urban core, became the first municipality in South Florida to permit designated scooter companies to offer dockless scooters for rent. Following a competitive selection process, the city selected Bolt Mobility, Bird, Lime and Spin as the official e-scooter vendors. The program went into effect in March of 2019.
By comparison, the City of Miami Beach, which has been much more receptive to the concept of motorized scooters than the neighboring city of Miami, prohibited e-scooters from residential areas and across Frank Del Vecchio Bridge into South Beach. Despite this measure, several companies initiated their services citywide. Local police and the city subsequently issued warnings, then penalties, to scooter operators who deliberately broke the city’s rules.
In Fort Lauderdale, scooters were shunned up until November of 2019, when the city took a chance on a trial run with Lime as the sole provider of e-scooters service in the city. However, the rollout was quickly halted when several e-scooters were dumped into the New River, resulting in a costly cleanup.
In some areas of the state, companies are working to create a safer and less troublesome e-scooter business model. Salt Lake City-based UZOOM, for example, offers individuals riding an e-scooter the option to pick up a free helmet whenever they need it. Similarly, UZOOM has signed up local bike shops that will knock off $5 for any battery powered scooter helmet sold to people who are registered users of the company’s scooter service.
In shareable e-scooter related news, the Florida Department of Transportation announced in December 2019 that it would roll out new Safety Guide and Best Practices resource for e-scooter users across the state. The goal of the FDOT’s initiative was to elevate the road safety issue and help prevent numerous possible crashes.
Under the new law, e-scooter riders can now be fined $500 for riding without a helmet or $5,000 for riding down the sidewalk. Despite these rules, scooter-related injuries continue to be reported in the news.
According to police in Tampa Bay, 60 e-scooter accidents were reported between the months of April and August 2019. While 29 of the 60 reported accidents resulted in injuries to the rider, 28 involved motor vehicle drivers. E-scooters seem to be a polarizing issue in the state, as similar debates rage across the country.
The future of motorized scooters in Florida
The future of Florida’s motorized scooters is closely linked to the legislation that determines their use. Currently, there are no laws that apply specifically to electric scooters in Florida. Other states have begun to regulate the use of these scooters, so it’s possible that their use will also be regulated in Florida.
One potential restriction would be a minimum age. Several states restrict the use of electric scooters to people over the age of 16 or 18. Transporting an electric scooter on the sidewalk could also be restricted. For example, some municipalities prohibit riding on the sidewalk and allow scooters on motor-vehicle roadways only. Still others differentiate between suburbs and larger urban centers.
Motorized scooters have grown in popularity throughout Florida, particularly for short distance travel. Developers see them as an option for mobility within pedestrian developments and commercial areas . However, it’ll likely take more time for people to become familiar with the idea and for regulations to evolve in recognition of the new reality.
Florida transportation officials are studying how electric scooters and e-bikes are being regulated elsewhere. Using data obtained from other states, they are evaluating the pros and cons of state regulation of motorized scooters and e-bikes.
Technology could play a big part in the future of electric scooters. It may be possible to regulate them more effectively. Manufacturers are developing software that requires users to wear helmets and operate the vehicle only in designated areas. There are even helmets with built-in breathalyzers that can disable the scooter until the user passes the breath test.
In the future, perhaps people may have trouble remembering a time when electric scooters were not a common sight on Florida roads. With or without restrictions, they are likely to be part of Florida roadways for years to come.