The governing body of a municipality, or the governing board of a county with respect to an unincorporated portion of the county, may authorize the operation of a commercial megacycle on roads or streets within the respective jurisdictions if the requirements of subsections (1)-(3) are met:
(1) Prior to authorizing such operation, the responsible local governmental entity must first determine that commercial megacycles may safely travel on or cross the public road or street, considering factors including, but not limited to, the speed, volume, and character of motor vehicle traffic using the road or street. Upon such determination, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed.
(2) The authorization by the governing body must clearly identify the roads or streets under the governing body’s jurisdiction on or across which operation of commercial megacycles is permitted.
(3) The governing body’s authorization, at a minimum, must require that a commercial megacycle be:
(a) Operated at all times by its owner or lessee or an employee of the owner or lessee.
Terms Used In Florida Statutes 316.2069
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- roadway: refers to any such roadway separately, but not to all such roadways collectively. See Florida Statutes 400.9983
(b) Operated by a driver at least 18 years of age who possess a Class E driver license.
(c) Occupied by a safety monitor at least 18 years of age, who shall supervise the passengers while the commercial megacycle is in motion.
(d) Insured with minimum commercial general liability insurance of not less than $1,000,000, prior to and at all times of operation, satisfactory proof of which shall be provided to the appropriate governing body.
(4) The Department of Transportation may prohibit the operation of commercial megacycles on or across any road under its jurisdiction if it determines that such prohibition is necessary in the interest of safety.
(5) Section 316.1936 does not apply to the passengers being transported in a commercial megacycle while operating in accordance with this section.
(6) This section does not prohibit use of an auxiliary motor to move the commercial megacycle from the roadway under emergency circumstances or while no passenger is on board.