In a dispute focused on a beachfront area of Northwest Florida that caters to tourists, a state appeals court Wednesday struck down local regulations on the rental of motor scooters.
A three-judge panel of the 1st District Court of Appeal ruled against Panama City Beach and surrounding Bay County, which passed ordinances requiring that people who rent scooters be outfitted with florescent green safety vests and that the rental businesses carry minimum amounts of insurance coverage.
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The 20-page ruling found that the ordinances were unconstitutional because state law governs such regulations. The legal concept, known as "preemption," generally bars local governments from going beyond state law.
The ruling said Panama City Beach and Bay County argued they should be able to impose the requirements because of "special conditions" related to tourists haphazardly operating scooters.
"Things like a road outage, a parade, a hurricane, a sporting event, a protest, a street festival, and the like would fall under the definition of special conditions," said the ruling, written by appeals-court Judge Ross Bilbrey and joined by judges M. Kemmerly Thomas and Thomas Beverly. "For better or for worse, tourists on a beach, even if misbehaving, do not meet the definition of a special condition in the state of Florida. Any solution to the local governments' concerns with tourists on rented motor vehicles not wearing safety vests or having insurance lies with the Legislature."
The appeals court sided with Classy Cycles, Inc., which the ruling said operated several businesses in Panama City Beach and Bay County that rented vehicles. A circuit judge upheld the ordinances, leading to the appeal.