HB 4017

1	A bill to be entitled
2	An act relating to bicycle regulations; amending s.
3	316.2065, F.S.; removing a requirement to keep one
4	hand on the handlebars while operating a bicycle;
5	amending s. 322.27, F.S.; conforming a cross-reference
6	to changes made by the act; providing an effective
7	date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Subsections (7) through (20) of section
12	316.2065, Florida Statutes, are amended to read:
13	316.2065  Bicycle regulations.-
14	(7)  Any person operating a bicycle shall keep at least one
15	hand upon the handlebars.
16	(7)(8)  Every bicycle in use between sunset and sunrise
17	shall be equipped with a lamp on the front exhibiting a white
18	light visible from a distance of at least 500 feet to the front
19	and a lamp and reflector on the rear each exhibiting a red light
20	visible from a distance of 600 feet to the rear. A bicycle or
21	its rider may be equipped with lights or reflectors in addition
22	to those required by this section.
23	(8)(9)  No parent of any minor child and no guardian of any
24	minor ward may authorize or knowingly permit any such minor
25	child or ward to violate any of the provisions of this section.
26	(9)(10)  A person propelling a vehicle by human power upon
27	and along a sidewalk, or across a roadway upon and along a
28	crosswalk, has all the rights and duties applicable to a
29	pedestrian under the same circumstances.
30	(10)(11)  A person propelling a bicycle upon and along a
31	sidewalk, or across a roadway upon and along a crosswalk, shall
32	yield the right-of-way to any pedestrian and shall give an
33	audible signal before overtaking and passing such pedestrian.
34	(11)(12)  No person upon roller skates, or riding in or by
35	means of any coaster, toy vehicle, or similar device, may go
36	upon any roadway except while crossing a street on a crosswalk;
37	and, when so crossing, such person shall be granted all rights
38	and shall be subject to all of the duties applicable to
39	pedestrians.
40	(12)(13)  This section shall not apply upon any street
41	while set aside as a play street authorized herein or as
42	designated by state, county, or municipal authority.
43	(13)(14)  Every bicycle shall be equipped with a brake or
44	brakes which will enable its rider to stop the bicycle within 25
45	feet from a speed of 10 miles per hour on dry, level, clean
46	pavement.
47	(14)(15)  A person engaged in the business of selling
48	bicycles at retail shall not sell any bicycle unless the bicycle
49	has an identifying number permanently stamped or cast on its
50	frame.
51	(15)(16)(a)  A person may not knowingly rent or lease any
52	bicycle to be ridden by a child who is under the age of 16 years
53	unless:
54	1.  The child possesses a bicycle helmet; or
55	2.  The lessor provides a bicycle helmet for the child to
56	wear.
57	(b)  A violation of this subsection is a nonmoving
58	violation, punishable as provided in s. 318.18.
59	(16)(17)  The court may waive, reduce, or suspend payment
60	of any fine imposed under subsection (3) or subsection (15) (16)
61	and may impose any other conditions on the waiver, reduction, or
62	suspension. If the court finds that a person does not have
63	sufficient funds to pay the fine, the court may require the
64	performance of a specified number of hours of community service
65	or attendance at a safety seminar.
66	(17)(18)  Notwithstanding s. 318.21, all proceeds collected
67	pursuant to s. 318.18 for violations under paragraphs (3)(e) and
68	(15)(b) (16)(b) shall be deposited into the State Transportation
69	Trust Fund.
70	(18)(19)  The failure of a person to wear a bicycle helmet
71	or the failure of a parent or guardian to prevent a child from
72	riding a bicycle without a bicycle helmet may not be considered
73	evidence of negligence or contributory negligence.
74	(19)(20)  Except as otherwise provided in this section, a
75	violation of this section is a noncriminal traffic infraction,
76	punishable as a pedestrian violation as provided in chapter 318.
77	A law enforcement officer may issue traffic citations for a
78	violation of subsection (3) or subsection (15) (16) only if the
79	violation occurs on a bicycle path or road, as defined in s.
80	334.03. However, a law enforcement officer may not issue
81	citations to persons on private property, except any part
82	thereof which is open to the use of the public for purposes of
83	vehicular traffic.
84	Section 2.  Paragraph (d) of subsection (3) of section
85	322.27, Florida Statutes, is amended to read:
86	322.27  Authority of department to suspend or revoke
87	license.-
88	(3)  There is established a point system for evaluation of
89	convictions of violations of motor vehicle laws or ordinances,
90	and violations of applicable provisions of s. 403.413(6)(b) when
91	such violations involve the use of motor vehicles, for the
92	determination of the continuing qualification of any person to
93	operate a motor vehicle. The department is authorized to suspend
94	the license of any person upon showing of its records or other
95	good and sufficient evidence that the licensee has been
96	convicted of violation of motor vehicle laws or ordinances, or
97	applicable provisions of s. 403.413(6)(b), amounting to 12 or
98	more points as determined by the point system. The suspension
99	shall be for a period of not more than 1 year.
100	(d)  The point system shall have as its basic element a
101	graduated scale of points assigning relative values to
102	convictions of the following violations:
103	1.  Reckless driving, willful and wanton-4 points.
104	2.  Leaving the scene of a crash resulting in property
105	damage of more than $50-6 points.
106	3.  Unlawful speed resulting in a crash-6 points.
107	4.  Passing a stopped school bus-4 points.
108	5.  Unlawful speed:
109	a.  Not in excess of 15 miles per hour of lawful or posted
110	speed-3 points.
111	b.  In excess of 15 miles per hour of lawful or posted
112	speed-4 points.
113	6.  A violation of a traffic control signal device as
114	provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
115	However, no points shall be imposed for a violation of s.
116	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
117	stop at a traffic signal and when enforced by a traffic
118	infraction enforcement officer. In addition, a violation of s.
119	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
120	stop at a traffic signal and when enforced by a traffic
121	infraction enforcement officer may not be used for purposes of
122	setting motor vehicle insurance rates.
123	7.  All other moving violations (including parking on a
124	highway outside the limits of a municipality)-3 points. However,
125	no points shall be imposed for a violation of s. 316.0741 or s.
126	316.2065(11) 316.2065(12); and points shall be imposed for a
127	violation of s. 316.1001 only when imposed by the court after a
128	hearing pursuant to s. 318.14(5).
129	8.  Any moving violation covered above, excluding unlawful
130	speed, resulting in a crash-4 points.
131	9.  Any conviction under s. 403.413(6)(b)-3 points.
132	10.  Any conviction under s. 316.0775(2)-4 points.
133	Section 3.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.