Senate Bill 382 (2026) — Electric bicycles, scooters, and motorcycles
SB 382
Florida Bills
Florida Senate - 2026 SB 382 By Senator Truenow 13-00743-26 2026382__ Page 1 of 10 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to electric bicycles, scooters, and 2 motorcycles; amending s. 316.003, F.S.; defining the 3 term “electric motorcycle”; revising the definition of 4 the term “motorcycle”; amending ss. 316.066 and 5 316.068, F.S.; requiring certain crash reports to 6 include specified information; amending s. 316.069, 7 F.S.; requiring the state to maintain certain 8 statistics; amending s. 316.20655, F.S.; providing 9 penalties for knowingly modifying an electric bicycle; 10 prohibiting a person from operating a class 3 electric 11 bicycle without a certain license; providing 12 requirements for such operation; providing penalties; 13 amending s. 316.2085, F.S.; prohibiting certain 14 persons from operating certain motorcycles; amending 15 ss. 320.01 and 322.01, F.S.; revising the definition 16 of the term “motorcycle”; amending s. 322.12, F.S.; 17 requiring a minimum number of questions in the test 18 bank for a Class E driver license to cover safe 19 electric bicycle and motorized scooter operation; 20 amending s. 322.1615, F.S.; revising requirements for 21 a certain learner’s driver license education course; 22 amending ss. 316.306 and 655.960, F.S.; conforming 23 cross-references; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27
Section 1. Subsections (24) through (112) of
section 28 316.003, Florida Statutes, are renumbered as subsections (25) 29
Florida Senate - 2026 SB 382 13-00743-26 2026382__ Page 2 of 10 CODING: Words stricken are deletions; words underlined are additions. through (113), respectively, present subsections (47) and (65) 30 are amended, and a new subsection (24) is added to that section, 31 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
(24) ELECTRIC MOTORCYCLE.—Any motorcycle powered by an 37 electric motor of 750 watts or more that is capable of a speed 38 greater than 28 miles per hour. 39 (48)
(47) MOTORCYCLE.—Any motor vehicle having a seat or 40 saddle for the use of the rider and designed to travel on not 41 more than three wheels in contact with the ground. The term 42 includes an electric motorcycle and an autocycle, but does not 43 include a tractor, a moped, an electric bicycle, or any vehicle 44 in which the operator is enclosed by a cabin unless it meets the 45 requirements set forth by the National Highway Traffic Safety 46 Administration for a motorcycle. 47 (66)
(65) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise 48 provided in paragraph (91)(b) (90)(b), any privately owned way 49 or place used for vehicular travel by the owner and those having 50 express or implied permission from the owner, but not by other 51 persons. 52
Section 2. Paragraphs (
b) and (
c) of subsection (1) of 53
section 316.066, Florida Statutes, are amended to read: 54 316.066 Written reports of crashes.— 55 (1) 56 (
b) The Florida Traffic Crash Report, Long Form must 57 include: 58
Florida Senate - 2026 SB 382 13-00743-26 2026382__ Page 3 of 10 CODING: Words stricken are deletions; words underlined are additions. 1. The date, time, and location of the crash. 59 2. A description of the vehicles involved, including 60 whether the crash involved a motorized scooter, an electric 61 bicycle, or an electric motorcycle. 62 3. The names and addresses of the parties involved, 63 including all drivers and passengers, and the identification of 64 the vehicle in which each was a driver or a passenger. 65 4. The names and addresses of witnesses. 66 5.
The name, badge number, and law enforcement agency of 67 the officer investigating the crash. 68 6. The names of the insurance companies for the respective 69 parties involved in the crash. 70 (
c) In any crash for which a Florida Traffic Crash Report, 71 Long Form is not required by this
section and which occurs on 72 the public roadways of this state, the law enforcement officer 73 shall complete a short-form crash report or provide a driver 74 exchange-of-information form, to be completed by all drivers and 75 passengers involved in the crash, which requires the 76 identification of each vehicle that the drivers and passengers 77 were in. The short-form report must include: 78 1. The date, time, and location of the crash. 79 2. A description of the vehicles involved, including 80 whether the crash involved a motorized scooter, an electric 81 bicycle, or an electric motorcycle. 82 3.
The names and addresses of the parties involved, 83 including all drivers and passengers, and the identification of 84 the vehicle in which each was a driver or a passenger. 85 4. The names and addresses of witnesses. 86 5. The name, badge number, and law enforcement agency of 87
Florida Senate - 2026 SB 382 13-00743-26 2026382__ Page 4 of 10 CODING: Words stricken are deletions; words underlined are additions. the officer investigating the crash. 88 6. The names of the insurance companies for the respective 89 parties involved in the crash. 90
Section 3. Subsection (2) of
section 316.068, Florida 91 Statutes, is amended to read: 92 316.068 Crash report forms.— 93
(2) Every crash report required to be made in writing must 94 be made on the appropriate form approved by the department and 95 must contain all the information required therein, including: 96 (
a) The date, time, and location of the crash; 97 (
b) A description of the vehicles involved, including 98 whether the crash involved a motorized scooter, an electric 99 bicycle, or an electric motorcycle; 100 (
c) The names and addresses of the parties involved; 101 however, in the event of a crash involving a railroad train, 102 including crashes covered by s. 316.027, s. 316.061, s. 316.065, 103 or s. 316.066, the collection of the information specified in 104 this paragraph shall be at the discretion of the law enforcement 105 officer having jurisdiction to investigate the crash; 106 (
d) The names and addresses of all drivers and passengers 107 in the motor vehicles involved; however, in the event of a crash 108 involving a railroad train, including crashes covered by s. 109 316.027, s. 316.061, s. 316.065, or s. 316.066, the collection 110 of the information specified in this paragraph shall be at the 111 discretion of the law enforcement officer having jurisdiction to 112 investigate the crash; 113 (
e) The names and addresses of witnesses; 114 (
f) The name, badge number, and law enforcement agency of 115 the officer investigating the crash; and 116
Florida Senate - 2026 SB 382 13-00743-26 2026382__ Page 5 of 10 CODING: Words stricken are deletions; words underlined are additions. (
g) The names of the insurance companies of the motor 117 vehicles involved in the crash, 118 119 unless not available. A member of a railroad train crew or a 120 passenger on a railroad train is not a passenger for purposes of 121 this section. In the event of a crash involving a railroad 122 train, a member of the railroad train crew must furnish the 123 information in paragraphs (a), (b), (c), and (
e) and, upon 124 request of the law enforcement officer having jurisdiction to 125 investigate the crash, the railroad train engineer’s or 126 conductor’s federal certification pursuant to 49 C.F.R.
part 240 127 or
part 242. The absence of information in such written crash 128 reports regarding the existence of passengers in the motor 129 vehicles involved in the crash constitutes a rebuttable 130 presumption that no such passengers were involved in the 131 reported crash. Notwithstanding any other provisions of this 132 section, a crash report produced electronically by a law 133 enforcement officer must, at a minimum, contain the same 134 information as is called for on those forms approved by the 135 department. 136
Section
Section 316.069, Florida Statutes, is amended to 137 read: 138 316.069 State to tabulate and analyze crash reports.—The 139 state shall tabulate and may analyze all crash reports and shall 140 publish, annually, or at more frequent intervals, statistical 141 information based thereon as to the number and circumstances of 142 traffic crashes. The state shall maintain separate statistics on 143 the number and location of crashes involving tandem trailer 144 trucks, motorized scooters, electric bicycles, and electric 145
Florida Senate - 2026 SB 382 13-00743-26 2026382__ Page 6 of 10 CODING: Words stricken are deletions; words underlined are additions. motorcycles. 146
Section 5. Subsections (3) and (4) of
section 316.20655, 147 Florida Statutes, are amended, and subsections (10) and (11) are 148 added to that section, to read: 149 316.20655 Electric bicycle regulations.— 150
(3) Beginning January 1, 2021, Manufacturers and 151 distributors of electric bicycles shall apply a label that is 152 permanently affixed in a prominent location to each electric 153 bicycle. The label must contain the classification number, top 154 assisted speed, and motor wattage of the electric bicycle. 155
(4) A person may not tamper with or modify an electric 156 bicycle so as to change the motor-powered speed capability or 157 engagement of an electric bicycle. Any person who knowingly 158 modifies an electric bicycle as provided in this subsection 159 commits a noncriminal traffic infraction, punishable by a fine 160 of $100. Any person who commits a second or subsequent violation 161 of this subsection within 3 years after a previous violation 162 commits a noncriminal traffic infraction, punishable by a fine 163 of $250, unless the label indicating the classification number 164 required in subsection (3) is replaced after such modification. 165 (10)(
a) A person may not operate or rent a class 3 electric 166 bicycle unless he or she possesses a valid learner’s driver 167 license or driver license. An operator of a class 3 electric 168 bicycle must have his or her learner’s driver license or driver 169 license in his or her immediate possession at all times when 170 operating a class 3 electric bicycle and must present or submit 171 the same upon demand of a law enforcement officer or an 172 authorized representative of the department. 173 (
b) A person who fails to comply with paragraph (
a) must 174
Florida Senate - 2026 SB 382 13-00743-26 2026382__ Page 7 of 10 CODING: Words stricken are deletions; words underlined are additions. first receive a verbal warning. Following the verbal warning, a 175 person who fails to comply with paragraph (
a) commits a 176 noncriminal traffic infraction, punishable as a nonmoving 177 violation as provided in
chapter 318. 178
(11) A person operating an electric bicycle on a shared 179 pathway that is not located adjacent to a roadway, including a 180 shared pathway located in a park or recreational area, must 181 yield to pedestrians and must give an audible signal before 182 overtaking and passing a pedestrian. 183
Section 6. Paragraph (
a) of subsection (6) of
section 184 316.2085, Florida Statutes, is amended to read: 185 316.2085 Riding on motorcycles or mopeds.— 186
(6) A person under 16 years of age may not: 187 (
a) Operate a motorcycle that has a motor with more than 188 150 cubic centimeters displacement or an electric motor of 750 189 watts or more. 190
Section 7. Subsection (26) of
section 320.01, Florida 191 Statutes, is amended to read: 192 320.01
Definitions, general.—As used in the Florida 193 Statutes, except as otherwise provided, the term: 194 (26) “Motorcycle” means any motor vehicle having a seat or 195 saddle for the use of the rider and designed to travel on not 196 more than three wheels in contact with the ground. The term 197 includes an electric motorcycle and an autocycle, as those terms 198 are defined in s. 316.003, but excludes a tractor, a moped, or 199 any vehicle in which the operator is enclosed by a cabin unless 200 it meets the requirements set forth by the National Highway 201 Traffic Safety Administration for a motorcycle. 202
Section 8. Subsection (28) of
section 322.01, Florida 203
Florida Senate - 2026 SB 382 13-00743-26 2026382__ Page 8 of 10 CODING: Words stricken are deletions; words underlined are additions. Statutes, is amended to read: 204 322.01
Definitions.—As used in this chapter: 205 (28) “Motorcycle” means a motor vehicle powered by a motor 206 with a displacement of more than 50 cubic centimeters, having a 207 seat or saddle for the use of the rider, and designed to travel 208 on not more than three wheels in contact with the ground, but 209 excluding a tractor, tri-vehicle, or moped. The term includes an 210 electric motorcycle as defined in s. 316.003. 211
Section 9. Paragraph (
c) of subsection (3) of
section 212 322.12, Florida Statutes, is amended to read: 213 322.12 Examination of applicants.— 214
(3) For an applicant for a Class E driver license, such 215 examination shall include all of the following: 216 (
c) A test of the applicant’s ability to read and 217 understand highway signs regulating, warning, and directing 218 traffic; his or her knowledge of the traffic laws of this state, 219 including laws regulating driving under the influence of alcohol 220 or controlled substances, driving with an unlawful blood-alcohol 221 level, and driving while intoxicated; and his or her knowledge 222 of the effects of alcohol and controlled substances upon persons 223 and the dangers of driving a motor vehicle while under the 224 influence of alcohol or controlled substances.
At least 25 225 questions within the bank of test questions must address bicycle 226 and pedestrian safety. At least 5 of the 25 questions addressing 227 bicycle and pedestrian safety must specifically cover safe 228 electric bicycle and motorized scooter operation for all road 229 users. 230
Section 10. Subsection (1) of
section 322.1615, Florida 231 Statutes, is amended to read: 232
Florida Senate - 2026 SB 382 13-00743-26 2026382__ Page 9 of 10 CODING: Words stricken are deletions; words underlined are additions. 322.1615 Learner’s driver license.— 233
(1) The department may issue a learner’s driver license to 234 a person who is at least 15 years of age and who: 235 (
a) Has passed the written examination for a learner’s 236 driver license; 237 (
b) Has passed the vision and hearing examination 238 administered under s. 322.12; 239 (
c) Has satisfactorily completed a driver education course 240 approved by the department which meets or exceeds the Department 241 of Education Driver Education/Traffic Safety-Classroom 1900300 242 course version description and which includes content on sharing 243 the road with bicycles, including electric bicycles, motorized 244 scooters, and other vulnerable road users; and 245 (
d) Meets all other requirements set forth in law and by 246 rule of the department. 247
Section 11. Paragraph (
a) of subsection (3) of
section 248 316.306, Florida Statutes, is amended to read: 249 316.306 School and work zones; prohibition on the use of a 250 wireless communications device in a handheld manner.— 251 (3)(a)1. A person may not operate a motor vehicle while 252 using a wireless communications device in a handheld manner in a 253 designated school crossing, school zone, or work zone area as 254 defined in s. 316.003 s. 316.003(112).
This subparagraph applies 255 shall only be applicable to work zone areas if construction 256 personnel are present or are operating equipment on the road or 257 immediately adjacent to the work zone area. For the purposes of 258 this paragraph, a motor vehicle that is stationary is not being 259 operated and is not subject to the prohibition in this 260 paragraph. 261
Florida Senate - 2026 SB 382 13-00743-26 2026382__ Page 10 of 10 CODING: Words stricken are deletions; words underlined are additions. 2. Effective January 1, 2020, A law enforcement officer may 262 stop motor vehicles and issue citations to persons who are 263 driving while using a wireless communications device in a 264 handheld manner in violation of subparagraph 1. 265
Section 12. Subsection (1) of
section 655.960, Florida 266 Statutes, is amended to read: 267 655.960
Definitions; ss. 655.960-655.965.—As used in this 268
section and ss. 655.961-655.965, unless the context otherwise 269 requires: 270 (1) “Access area” means any paved walkway or sidewalk which 271 is within 50 feet of any automated teller machine. The term does 272 not include any street or highway open to the use of the public, 273 as defined in s. 316.003(91)(
a) or (
b) s. 316.003(90)(
a) or (b), 274 including any adjacent sidewalk, as defined in s. 316.003. 275