New Florida eBike laws proposal introduced in House
A new set of Florida eBike Laws introduced by Yvette Benarroch (R, Marco Island) would, if passed, create new rules around Electric Motorcycles, eBikes and scooters.
House Bill 243 modifies a number of existing laws and would:
- Create an “electric motorcycle” classification for e-Motos.
- Prohibit children under age 16 from riding “electric motorcycles” with motors 750w or higher.
- Require anyone riding a Class 3 eBike to have a valid driver’s license or learner’s permit.
- Require crash reports when an eBike, scooter or e-Moto is involed.
- Add questions related to eBikes to the Driver’s License test
- Create penalties for modifying an eBike to make it go faster.
- Require eBike and scooter riders to yield to pedestrians on shared paths and use audible signals when passing.
Let’s break these down.
New Florida “Electric Motorcycle” classification
The new “Electric Motorcycle” classification is defined as, “Any motorcycle powered by an electric motor of 750 watts or more that is capable of a speed greater than 28 miles per hour.” And then “motorcycle” is defined to include, “an electric motorcycle and an autocycle, but does not include a tractor, a moped, an electric bicycle …”
It appears that the new law is defining electric bikes without pedals and motors larger than 750w as electric motorcycles. This would affect e-motos such as those from Surron and Tuttio and require riders to have a license, registration and insurance, unless the motorcycle is operated on private land.
At first glance, the bill looked to prohibit children from riding 750w eBikes, but the text states that anyone under 16 years old may not: “(a) Operate a motorcycle that has a motor with more than 150 cubic centimeters displacement or an electric motor of 750 watts or more.”
The key here is the use of the word “motorcycle,” which was already defined and excludes electric bikes.
Now, where things get interesting is the requirement for a driver’s license or permit for operation of Class 3 eBikes.
Class 3 eBikes are defined by People for Bikes as:
A “class 3 electric bicycle” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and is equipped with a speedometer.
The key here is that Class 3 eBikes don’t have a throttle-only option. While a Class 2 eBike is defined a:
A “class 2 electric bicycle” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
In reality, most “Class 2” eBikes sold in the US have a throttle that limits the bike to 20mph in throttle mode, but also have pedal-assist modes that propel the bike to 28 mph under pedal power, which appears to be a gray area in the Class definitions.
So, it appears that this bill would not prohibit children from riding eBikes with 750w motors.
Florida eBike Laws already require manufacturers to add a sticker that lists the eBike Class.
If passed, these laws would go into effect in July 2027.
Check out our eBike Buyer’s guide
