Florida Village Makes Ebike Ban Permanent 

@pedrofernandez8729 I agree with you, but it is going to take that. 1 person that wants to stand up to the chief of police. And push this to a lawsuit. It would not have to be a lot of people, It just needs to be the correct one. That is willing to follow through

Good Afternoon, I would like to ask a "basic" question. Does an "emergency ordinance" have to be in written form or can it be instituted verbally? If it can only be instituted via written them it must on file somewhere. Do have a good day.

​

​@@gregfruchtman1404Ima not a lawyer but temporary ordinances must be temporary with a definite time limit well up for Key Biscayne IMHO.

@GarysE-BikeAdventures Absolutely. I know. This is just a small town and I just spoke with one of their council members. But this is the area where precedent get started. It was a productive conversation, I will say. Thank you for watching

You are correct. Stay tune because I did just today. Speak with one of the council members and someone with representative Lopez’s office. I will be discussing our conversations in a video probably going out next week. Thanks much for watching.

Florida lawmakers are arguing that anything with a motor should be treated as a “motor vehicle” regardless of pedals. Florida law also requires that all motorcyclist must pass a msf training course before a motorcycle endorsement/license can be issued. This has opened up a pandora's box of issues, and the easy way out would be to adopt ebikes to the same regulations. Retailers are complaining that this will endanger future ebike sales, while residents are demanding that they ban them outright. It's a tough call here in Key Biscayne after the death of a well known resident.. They believe that licensing will educate the operator to the dangers associated with them and the ability to issue citations. Just like what happened to the atv industry back in the day may be coming to the ebike industry as well.

@@lisashiela9137 This was in the Miami Herald behind a paywall so I copied it so everyone could read it. After Key Biscayne tragedy, lawmakers advance bill to help cities restrict e-bike use BY ANA CEBALLOS AND ANA CLAUDIA CHACIN UPDATED FEBRUARY 22, 2024 3:10 PM A week after a Key Biscayne woman died in a head-on collision with a 12-year-old boy riding an electric bicycle, state lawmakers are seeking to give local governments more power to regulate the use of e-bikes in their communities. The death of Megan Andrews - a 66-year-old who many described as a shining light in the community - has rattled the small village of Key Biscayne and revived longstanding concerns from many who have worried about the impact on pedestrian safety amid the rising popularity of e-bikes. “Her riding her bike around is a quintessential Key Biscayne image seared in my mind,” Jennifer Buttrick, a village resident, said during Friday’s emergency meeting, while lamenting that she won’t be able to greet her again. “I can’t believe we won’t be doing that anymore.” In response to the fatal collision, Key Biscayne officials voted late last week on an emergency basis to ban electric bikes and electric scooters from the island for 60 days. But they said state law prevented them from passing more long-term restrictions. Now, state lawmakers are advancing legislation that would give local governments the ability to require one or more minimum age requirements for the use of electric bicycles and mandate government-issued photo identification cards for riders. The proposal - sponsored by state Rep. Vicki Lopez, R-Miami - was backed by a House panel on Thursday. “We have to do whatever we can do at the state now as an immediate response to the tragedy that occurred last week,” Lopez said. Lopez said on Thursday that village officials have been looking at doing something about e-bikes for at least 18 months. Specifically, they were looking to do minimum age requirements. Her proposal would allow them to do so, Lopez said. “Unfortunately, a terrible tragedy occurred and I am hopeful that this will help them regulate,” Lopez said. Village officials and Miami-Dade County commissioner Raquel Regalado said during Friday’s emergency council meeting that a 2020 state law has prevented them from passing such restrictions. Florida law requires local governments to regulate electric bikes, which can be operated without a motor, the same way as normal bikes. So while they could ban e-bikes altogether, or different classes of electric bikes, they could not restrict their use based on age or add other requirements without also affecting the use of regular bicycles, they said. “We have tried to address these issues at the state level, but we have not been successful,” Key Biscayne village attorney Chad Friedman said at the Friday meeting. “The state has preempted us. Our hands are tied in a lot of different ways when it comes to the regulation of these vehicles.” “In particular, if we regulate we need to treat these as bicycles. That’s what the law says.” In other parts of the state, municipalities including St. Petersburg, St. Pete Beach and Madeira Beach have passed ordinances that require people to be at least 16 years old to ride an electric bike. When asked about restrictions placed in other municipalities, the communications director for the village said in an email that it was unable to do so because Crandon Boulevard, which is the main street in Key Biscayne, is under Miami-Dade county’s jurisdiction and not the village’s. “Working at the county level, we are seeking ways to gain authority to develop and enforce rules that will suit Key Biscayne on the busy County owned Crandon Blvd,” reads the statement sent by Communications Director Jessica Drouet. Local officials are now working with the county to fix that. “Combining both of these new authorities and community input with our existing jurisdictional authorities will enable the village to emplace [sic] reasonable regulations that cover the entire village and are acceptable for our residents as we all ensure we maintain a safe and secure environment.” ANDREWS STORY SPURS CHANGE At Friday’s emergency meeting, Key Biscayne residents expressed frustration at how some local governments are being blocked from acting on issues that directly impact them. Buttrick, one of those residents, said what happened to Andrews is an example of why local governments should have the ability to have more control over their rules. “We need to use our collective voices to demand change so that local municipalities have the ability to take control of these issues,” she said. When the state first began regulating electric bicycles in 2020, some lawmakers expressed concern about pedestrian safety but were reassured that local governments would have the ability to regulate them in their neighborhood. The conversation mostly revolved around the idea of speed limits - not age restrictions. “If a local community wanted to put up a speed limit for bicycles, whether they were peddled bicycles or electric bicycles, they would be free to do that,” former state Rep. Michael Grant, R-Port Charlotte, who sponsored the slate of regulations, said at the time. At the time, Florida lawmakers wanted to “modernize” the state’s laws so that people who wanted to ride electric bikes would not need a license or insurance to operate them. They would be treated just like a regular bike - not a vehicle. While the state law says local governments are not prevented from regulating the use of electric bicycles on their sidewalks, the language did set limits on what they were able to do in terms of age requirements.

More sad news, I ride my ebike safely and all this because of one mishap? Proposed e-bike, motorized scooter ban in Key Biscayne passes first reading. This story was originally published in the Key Biscayne Independent, a WLRN News partner. WLRN Public Media | By Tony Winton | Key Biscayne Independent Published May 15, 2024 at 9:45 AM EDT Story updated at 9:45 a.m., May 15. UPDATE: The ordinance passed on first reading Tuesday, 6-1. Council Member Ed London cast the lone ‘no’ vote, arguing for an exception for Class 1 e-bikes. Stopping short of a permanent ban on e-bikes and motorized scooters, Key Biscayne Village Manager Steve Williamson is recommending restrictions that would expire next year in the hope state law will give a future Council different - and more nuanced - regulatory options. The draft ordinance up for consideration Tuesday - for the first time - would allow the Village to impound the battery-powered “micromobility” devices if they are used in violation of the restrictions. READ MORE: Is there a compromise over Key Biscayne's E-bike & scooter law? The draft document circulated by the Village administration says restrictions will “sunset” on Aug. 30, 2025, which means the devices would become legal again on that date unless the ordinance is modified or extended. Several council members have said that if the Florida Legislature makes changes to micromobility laws, the Village could consider age restrictions instead of an outright ban. A measure to grant municipalities the power to do that passed the Florida House of Representatives, but died in the state Senate. A survey conducted by the Independent found some support for a relaxation of the ban if the devices could be better regulated. State Rep. Vicki Lopez, who represents Key Biscayne, said she will introduce the measure again in the next Legislative session that starts in March 2025. A temporary ban on battery-powered devices has been in place since Feb. 16. It was adopted after the death of resident Megan Andrews, a tutor who was killed in a collision with an e-bike. Authorities ruled the crash an accident. The ordinance spells out fines of $250 rising to $500 for subsequent offenses, which would be carried through to the semi-permanent ban. New in the proposed ordinance is a reference to the island’s main thoroughfare, Crandon Boulevard. The section cites a new County code, sought by the Village, that bans sidewalk operation but lets the device operators use bicycle lanes on Crandon. In an unprecedented grant of authority, the new County law also allows Key Biscayne to craft its own rules for Crandon, subject to County approval. Williamson has said based on Council input, he will come back with ideas for additional rules covering Crandon, but he did not offer specifics.

@@lisashiela9137 thank you for watching Lisa. The problem you’re having in key Biscayne actually is not with ebikes. At least, with ebikes in the legal definition. I spoke with one of your council members via the telephone. The video of our discussion will come out on Thursday. From what I understand the problem is with throttle ebikes, and the ones that he mentioned are capable of over 20 mph. That would mean they do not fit the legal definition of an E bike, and so any regulations can be placed on them. But they also do not need to be regulating what does fall under that definition of an E bike. Please take a look at some of the other videos that I have done on this. I am definitely not saying it should be the wild west, but I believe wholeheartedly that key. Biscayne is throwing a blanket over a lot of people that it should not be throwing it over. they can very easily go after the ones that they were having problem with as they are not considered ebikes

@@davesskillet9235 Thank you for watching dave. Let's face it. There are many laws that make no sense. This is just one of many. I am trying to do what I can to see if this can be changed again. Thank you for watching

@garywillhoit I talked to several and they are not a bit concerned with it. I am going to call senator Lopez's office today. And I have a very provocative question that she will be asked. Thanks for watching

I am right there with you. I'm still trying to contact this town. Officials, along with senator lopez's office in florida. I have a few tough questions for them. Thanks much for watching. Friend

I'm with you Jack! Many of those "spandex riders" often come flying past me on the trails which are 15 mph here. allot of them don't even warn you when they're flying by and often startle me. Those "spandex riders" are cheating too. Put them on a bicycle like we had as kids and see how well they do. Next time one of them yell "your a cheater" yell back "so are you!" 🚴‍♀💥💨💨💨

Same, but I'm over 66. I live in a small isolated desert town in nw Arizona. All ebikes are considered bicycles here. I have a class 2 and 3 ebikes. 😃

@lanabreeze I agree. I believe they have aimed that's something that they are having a problem with and hit the wrong mark. I am willing to bet the vast majority of Ebikes that they are having a problem with. Are undefined. But when they shot at them, they hit all of them. I am trying to work best I can to remedy this. Thanks for watching

Ya, seems when someone (usually a Democrat) is hurt by something the options to BAN that thing always comes to the forefront....

Thank you for watching John. And thank you very much for voicing your opinion to our servants. I have to wonder how well it would work to have a note from a doctor that is telling you to ride an e bike. Maybe something I will investigate for the type of band that is going on in this town. I did speak to 1 of the council members and him, and I had a very good conversation. I will be talking about that conversation in an upcoming video. Enjoy your fourth of july. While we still have the freedom too. Lol

@@southernebiking Dont know about a docs note, I DO have a handicap placard (have had it for years) for my vehicle.

@pedrofernandez8729 That is the thing, They are working closely with senator lopez to try to change the state laws. If this is the case, it will change throughout the entire state. As it stands right now, electric bicycles as defined by florida have these same rights As regular bicycles. So this ordinance it's completely unlawful. That word, rights, Is a very important and powerful legal word. If lopez manages to get that changed two, the word similar, Than any town in florida Can ban all ebikes from public roads.

@@southernebiking I will contact my local congressman

Thanks Steve. Believe it or not this is a Republican representative that is backing this up. I will be doing another update on this very soon. At least talking about my conversations with several of these folks.

They're not "leftists". They have requested that the "law & order" people ban ebikes. That's "RIGHT". Rightists have requested this. Don't you know your left and right?

@AllDogsAreGoodDogs The only left and right in this country is the left cheek And the right cheek of the same a**. Don't let them divide and conquer because they win that way.

@@danootto6382 What is being reviewed right now? Is the florida state law. They are looking to be able to garner more enforcement of ebikes. This is why I say contact your representation. I do have a call in two senator lopez's office

@@user-eh5cr4or6k thank you for watching. And I do agree with you in that they should be looking at speed limit not type of bikes. After all Lamborghini is allowed in a school zone. That being said, when they are talking about or when you are talking about ebikes. we have to decide if we are talking about the legal definition of one or what the industry defines as one. Because there is no state that I am aware of that an E bike is capable of 40 mph. 28 is the fastest that any legally defined ebike is capable of going. And that would be with pedal assist only and there would not be a throttle on the bike at all. That would be my understanding of the majority of the states that I have looked into. Again, thank you for watching.

@@edteach3r that will depend on which state you are in. The correct question would be what is legally considered an E bike when it comes to this type of an issue. The answer depends much on what state you are in. Thanks much for watching.

@@southernebiking Thanks for the quick response. Much appreciated.

@@josephking7021 thank you for watching Joseph. I would not be afraid to buy one as I think this is going to take several years before anything really significant changes. But I would like to get ahead of this and have enough people get involved that it does not change against us.

@pathart2080 I absolutely thank you for watching pat. I just had a very productive conversation with one of the councilman In key biscayne. I wish I had to have had this conversation before I got this video out. If you watched one of my updates that I showed some of the council meeting minutes, This was the gentleman that I said. I believe I could have a conversation with. He was very receptive and said they were unaware. Now, these bikes, such as a super seventy three that goes over twenty miles per hour, is not a defined ebike. He was speaking of bringing this up at a later date To the council. I am very hopeful that I have had a positive impact on this. By the way, this ban is not just for sidewalks and bike paths. It also includes public roads within their jurisdiction. This is where I think they have the legal issue. They have every right to restrict them on bike paths. And in parks. Public roads are. I believe a completely separate issue and because Florida gives the same rights to ebikes. As two bicycles, I believe they have a big legal problem. That word rights, that is in the state statute, is very powerful. I will be doing another update about our conversation, hopefully later this week. Again thank you for watching.

​@@southernebikingGood follow up & educating lawmakers is a big help. Federal Law trumps State Law on motor vehicles but bicycles are not motor vehicles & neither are eBikes as defined by Federal Law. Bicycles can be banned on sidewalks & hiking trails only. That is within a local government's jurisdiction.

@joesimo11 Thank you for watching joe. I believe this is more about a problem. They are having with the very fast undefined Ebikes. A blanket has been mouth thrown all over all Evikes and this is the result. I am still trying to stay on top of this.

@stevetaylor8446 Thank you very much for watching from england steve. What needs to happen is someone needs to take a ticket and fight it and beat it. And then come back and sue the Village. This is a long drawn out process. I am hoping that it would not have to be a long drawn out process and can get resolved in a more productive way.

@@southernebiking I do hope so buddy, I for one would be lost without mine due to health reasons...and even then, it's when I'm well enough to ride. I love to get out in the woods with the hammock and tarp during the hot weather and the Himiway and the trailer...wouldn't be able to hike in and out now, but the ebike has given me a bit of freedom again before anything else happens. Stay positive dude.

@@stevetaylor8446 you stay positive as well friend

If only that would apply to cars, which kill thousands of people every day, and maim even more.

If only that applied to anything...but it's not because the world doesn't work that way.

Thank you for watching James. You are correct.

@@carlkma2037 first off, thank you for watching. I hear this all the time. I’m just not seeing it in the thousands of miles that I have a ebike all over the East Coast. The vast majority of people that I have seen in our travels have been people like myself and my wife. we are older and cannot because of physical problems pedal a regular bike. We do not use a throttle at all. And we travel in the 10 to 15 mile an hour range. The vast majority of bikes passing us is road cyclist. I do not ride an E bike because I’m lazy. I still work my business 60 hours per week, and I am on my feet every one of them hours. I believe there are many more in a very similar situation to myself. The vast majority of my life, with the exception of the past decade, I made a living as a working cowboy. That does have consequences of arthritis, etc. This town has made this ban. Permanent for all E bikes, even on public street. And I’m not arguing for the wild west to take over. I am arguing for some common sense. That seems to be pretty uncommon lately. And yes I can paddle just about any bike to 30 mph. I just could not do that for a long period because of my back and knees.

@@southernebiking Riiiiight. Whatever you say.

@carlkma2037 You are correct. It is what I say, because I back up what I say with my videos. And yet you hide behind the keyboard with what you say.

@@southernebiking Keep riding your throttled e-bike, your video, at least the one that I watched, supports my statement. You can pedal 30 mph with a bad back and bad knees? Of course you can, and then you wake up.

@@carlkma2037 As I stated, my video's back up what I have to say.And You nothing

@@CaptConfusion71 I really never use a throttle so I would not have much of a problem with us. I do understand that some people need that to get going because of health issues but they can take over peddling. I think a better solution would be that the throttle cuts out after a period of time four seconds, something along those lines. But according to your statement. Class three ebikes would be considered a bicycle as well. Class three is legally defined in every state that I am aware of does not have a throttle. If you do a Google search you’ll find plenty of bike manufacturers that say you can throttle up to 20 and pedal up to 28. But that’s not in line with any laws that I am familiar with. Thank you for watching.

@@WandersonRC3 thank you for watching. It’s not just the out of shape. I’ve had some pretty significant injuries throughout my life and there’s no way I would be able to go out and continue moving on a regular bike.

You are correct. But there are already laws in place that address this. It would be the class system that the industry is not abiding by. The majority of these bikes are not in a define class, and so they could ban an undefined ebike. However, that puts the burden of enforcement and knowing the difference on them and they’re not going to vote for that. I did speak to one councilman from this town, and he is the only one that had a reasonable demeanor about him. His position was to leave class one alone. He was voted down two times. That’s a shame and I’m keeping in contact with him to see if this can be changed, even though I am not from Florida right now. Thanks for watching.

I believe this is wrong. It doesn't matter how fast it can go, throttle doesn't matter either nor power. That 400hp mustang is required to follow the laws and same as other vehicles. For those who have disabilities we need more power to climb hills and get out of the way when necessary. I can barely get up some of the hills around my area and I have a throttle and it helps me get rolling, if I didn't have one I would be forced off my bike. I also use my PAS but more as a cruise control because I just don't have the strength to peddle with much force anymore. Keep the shiny side up and wear a helmet 🚴‍♀💥💨💨💨

@@ciliciaann3504 thanks for watching and I do understand your position. You and I would be very close on our idea of what should be done. However, that would involve changing the current state statute in almost all 50 states. At this point of the game, that would be a losing battle for ebikes. That is why I am pushing to not change the laws and keep them where they are, because they are trying to change them to a more controlling law. On the first video I did on this particular town, we have had almost 4000 comments. They are from ebikers and non ebikers alike. I can tell you from these comments, ebikes would lose if they change the laws. The first thing that Has to be done is to change the public perception of ebikes. The vast majority of the public only knows an E bike as something that is flying around almost like an electric motorcycle. People on multiuse paths that are walking Do not realize how many times an ebikers come by them because it did so respectfully. Gave an audible warning, and slowed down. Most walkers only take note of an E bike when it flew past them too fast and too close. My guess would be that would be about 5% at the most. Be that as it may, it is still the reality. I am looking for ways that this can be changed.

@@dand3975 I’m not really seeing your point. But I will tell you this. I actually was at the very first race held at High Point raceway in Mount Morris, Pennsylvania. It was built on a golf course and yes it was a blast. So thanks for the memories.

Golf isn't a real sport, as established by George Carlin.

@@brucekeegan5433 I appreciate you watching Bruce. You might wanna check state statute.

@@southernebiking You are correct, however this applies to surface streets with automobiles. County parks and the rails to trails identify E-bicycles as motorized vehicles and are restricted.

The government makes more than they do on the sale of petroleum. You gotta be a libtard