SENATE AMENDMENT
    Bill No. CS/CS/HB 807, 2nd Eng.
    Amendment No. ___   Barcode 355492
                            CHAMBER ACTION
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11  Senator Wasserman Schultz moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 145, between lines 20 and 21,
15  
16  insert:  
17         Section 80.  Subsection (21) of section 316.003,
18  Florida Statutes, is amended and subsection (82) is added to
19  that section to read:
20         316.003  Definitions.--The following words and phrases,
21  when used in this chapter, shall have the meanings
22  respectively ascribed to them in this section, except where
23  the context otherwise requires:
24         (21)  MOTOR VEHICLE.--Any self-propelled vehicle not
25  operated upon rails or guideway, but not including any
26  bicycle, motorized scooter, or moped.
27         (82)  MOTORIZED SCOOTER.--Any vehicle not having a seat
28  or saddle for the use of the rider and designed to travel on
29  not more than three wheels, and not capable of propelling the
30  vehicle of a speed greater than 30 miles per hour on level
31  ground.
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    8:35 AM   05/03/01                              h0807c2c-32e6y

SENATE AMENDMENT Bill No. CS/CS/HB 807, 2nd Eng. Amendment No. ___ Barcode 355492 1 Section 81. Section 316.2065, Florida Statutes, is 2 amended to read: 3 316.2065 Bicycle and motorized scooter regulations.-- 4 (1) Every person propelling a vehicle by human power, 5 or operating a motorized scooter as defined in s. 316.003, has 6 all of the rights and all of the duties applicable to the 7 driver of any other vehicle under this chapter, except as to 8 special regulations in this chapter, and except as to 9 provisions of this chapter which by their nature can have no 10 application. 11 (2) A person operating a bicycle may not ride other 12 than upon or astride a permanent and regular seat attached 13 thereto. 14 (3)(a) A bicycle may not be used to carry more persons 15 at one time than the number for which it is designed or 16 equipped, except that an adult rider may carry a child 17 securely attached to his or her person in a backpack or sling. 18 (b) Except as provided in paragraph (a), a bicycle 19 rider must carry any passenger who is a child under 4 years of 20 age, or who weighs 40 pounds or less, in a seat or carrier 21 that is designed to carry a child of that age or size and that 22 secures and protects the child from the moving parts of the 23 bicycle. 24 (c) A bicycle rider may not allow a passenger to 25 remain in a child seat or carrier on a bicycle when the rider 26 is not in immediate control of the bicycle. 27 (d) A bicycle rider or passenger or motorized scooter 28 rider who is under 16 years of age must wear a bicycle helmet 29 that is properly fitted and is fastened securely upon the 30 rider's or passenger's head by a strap, and that meets the 31 standards of the American National Standards Institute (ANSI Z 2 8:35 AM 05/03/01 h0807c2c-32e6y
SENATE AMENDMENT Bill No. CS/CS/HB 807, 2nd Eng. Amendment No. ___ Barcode 355492 1 90.4 Bicycle Helmet Standards), the standards of the Snell 2 Memorial Foundation (1984 Standard for Protective Headgear for 3 Use in Bicycling), or any other nationally recognized 4 standards for bicycle helmets adopted by the department. As 5 used in this subsection, the term "passenger" includes a child 6 who is riding in a trailer or semitrailer attached to a 7 bicycle. 8 (e) Law enforcement officers and school crossing 9 guards may issue a bicycle safety brochure and a verbal 10 warning to a bicycle rider or passenger or a motorized scooter 11 rider who violates this subsection. A bicycle rider or 12 passenger or a motorized scooter rider who violates this 13 subsection may be issued a citation by a law enforcement 14 officer and assessed a fine for a pedestrian violation, as 15 provided in s. 318.18. The court shall dismiss the charge 16 against a bicycle rider or passenger or a motorized scooter 17 rider for a first violation of paragraph (d) upon proof of 18 purchase of a bicycle helmet that complies with this 19 subsection. 20 (f) A person operating a motorized scooter may not 21 carry passengers. 22 (4) No person riding upon any bicycle, coaster, roller 23 skates, sled, or motorized scooter, or toy vehicle may attach 24 the same or himself or herself to any vehicle upon a roadway. 25 This subsection does not prohibit attaching a bicycle trailer 26 or bicycle semitrailer to a bicycle if that trailer or 27 semitrailer is commercially available and has been designed 28 for such attachment. 29 (5)(a) Any person operating a bicycle upon a roadway 30 at less than the normal speed of traffic at the time and place 31 and under the conditions then existing shall ride as close as 3 8:35 AM 05/03/01 h0807c2c-32e6y
SENATE AMENDMENT Bill No. CS/CS/HB 807, 2nd Eng. Amendment No. ___ Barcode 355492 1 practicable to the right-hand curb or edge of the roadway 2 except under any of the following situations: 3 1. When overtaking and passing another bicycle or 4 vehicle proceeding in the same direction. 5 2. When preparing for a left turn at an intersection 6 or into a private road or driveway. 7 3. When reasonably necessary to avoid any condition, 8 including, but not limited to, a fixed or moving object, 9 parked or moving vehicle, bicycle, pedestrian, animal, surface 10 hazard, or substandard-width lane, that makes it unsafe to 11 continue along the right-hand curb or edge. For the purposes 12 of this subsection, a "substandard-width lane" is a lane that 13 is too narrow for a bicycle and another vehicle to travel 14 safely side by side within the lane. 15 (b) Any person operating a bicycle upon a one-way 16 highway with two or more marked traffic lanes may ride as near 17 the left-hand curb or edge of such roadway as practicable. 18 (6) Persons riding bicycles upon a roadway may not 19 ride more than two abreast except on paths or parts of 20 roadways set aside for the exclusive use of bicycles. Persons 21 riding two abreast may not impede traffic when traveling at 22 less than the normal speed of traffic at the time and place 23 and under the conditions then existing and shall ride within a 24 single lane. 25 (7) Any person operating a bicycle or motorized 26 scooter shall keep at least one hand upon the handlebars. 27 (8) Every bicycle or motorized scooter in use between 28 sunset and sunrise shall be equipped with a lamp on the front 29 exhibiting a white light visible from a distance of at least 30 500 feet to the front and a lamp and reflector on the rear 31 each exhibiting a red light visible from a distance of 600 4 8:35 AM 05/03/01 h0807c2c-32e6y
SENATE AMENDMENT Bill No. CS/CS/HB 807, 2nd Eng. Amendment No. ___ Barcode 355492 1 feet to the rear. A bicycle or motorized scooter its rider 2 may be equipped with lights or reflectors in addition to those 3 required by this section. 4 (9) No parent of any minor child and no guardian of 5 any minor ward may authorize or knowingly permit any such 6 minor child or ward to violate any of the provisions of this 7 section. 8 (10) A person propelling a vehicle by human power upon 9 and along a sidewalk, or across a roadway upon and along a 10 crosswalk, has all the rights and duties applicable to a 11 pedestrian under the same circumstances. 12 (11)(a) A person propelling a bicycle upon and along a 13 sidewalk, or across a roadway upon and along a crosswalk, 14 shall yield the right-of-way to any pedestrian and shall give 15 an audible signal before overtaking and passing such 16 pedestrian. 17 (b) A motorized scooter may not be operated upon or 18 along a sidewalk. 19 (12) No person upon roller skates, or riding in or by 20 means of any motorized scooter, coaster, toy vehicle, or 21 similar device, may go upon any roadway except while crossing 22 a street on a crosswalk; and, when so crossing, such person 23 shall be granted all rights and shall be subject to all of the 24 duties applicable to pedestrians. 25 (13) This section shall not apply upon any street 26 while set aside as a play street authorized herein or as 27 designated by state, county, or municipal authority. 28 (14) Every bicycle or motorized scooter, shall be 29 equipped with a brake or brakes which will enable its rider to 30 stop the bicycle within 25 feet from a speed of 10 miles per 31 hour on dry, level, clean pavement. 5 8:35 AM 05/03/01 h0807c2c-32e6y
SENATE AMENDMENT Bill No. CS/CS/HB 807, 2nd Eng. Amendment No. ___ Barcode 355492 1 (15) A person engaged in the business of selling 2 bicycles at retail shall not sell any bicycle unless the 3 bicycle has an identifying number permanently stamped or cast 4 on its frame. 5 (16)(a) A person may not knowingly rent or lease any 6 bicycle or motorized scooter to be ridden by a child who is 7 under the age of 16 years unless: 8 1. The child possesses a bicycle helmet; or 9 2. The lessor provides a bicycle helmet for the child 10 to wear. 11 (b) A violation of this subsection is a nonmoving 12 violation, punishable as provided in s. 318.18. 13 (17) The court may waive, reduce, or suspend payment 14 of any fine imposed under subsection (3) or subsection (16) 15 and may impose any other conditions on the waiver, reduction, 16 or suspension. If the court finds that a person does not have 17 sufficient funds to pay the fine, the court may require the 18 performance of a specified number of hours of community 19 service or attendance at a safety seminar. 20 (18) Notwithstanding s. 318.21, all proceeds collected 21 pursuant to s. 318.18 for violations under paragraphs (3)(e) 22 and (16)(b) shall be deposited into the State Transportation 23 Trust Fund. 24 (19) The failure of a person to wear a required 25 bicycle helmet or the failure of a parent or guardian to 26 prevent a child from riding a bicycle or motorized scooter 27 without a required bicycle helmet may not be considered 28 evidence of negligence or contributory negligence. 29 (20) Except as otherwise provided in this section, a 30 violation of this section is a noncriminal traffic infraction, 31 punishable as a pedestrian violation as provided in chapter 6 8:35 AM 05/03/01 h0807c2c-32e6y
SENATE AMENDMENT Bill No. CS/CS/HB 807, 2nd Eng. Amendment No. ___ Barcode 355492 1 318. A law enforcement officer may issue traffic citations for 2 a violation of subsection (3) or subsection (16) only if the 3 violation occurs on a bicycle path or road, as defined in s. 4 334.03. However, they may not issue citations to persons on 5 private property, except any part thereof which is open to the 6 use of the public for purposes of vehicular traffic. 7 (21) A county or municipality may adopt an ordinance 8 that authorizes persons to operate a motorized scooter on a 9 roadway or sidewalk, notwithstanding any prohibitions in this 10 section. 11 12 (Redesignate subsequent sections.) 13 14 15 ================ T I T L E A M E N D M E N T =============== 16 And the title is amended as follows: 17 On page 10, line 24, after the semicolon, 18 19 insert: 20 amending s. 316.003; defining the term 21 "motorized scooter"; amending s. 316.2065, 22 F.S.; providing motorized scooter operating 23 regulations; 24 25 26 27 28 29 30 31 7 8:35 AM 05/03/01 h0807c2c-32e6y