| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to bicycle safety; amending s. 316.2065, |
| 7 | F.S.; revising safety standard requirements for bicycle |
| 8 | helmets that must be worn by certain riders and |
| 9 | passengers; providing for enforcement of certain bicycle |
| 10 | equipment requirements; providing penalties for |
| 11 | violations; providing for dismissal of a first offense; |
| 12 | providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Paragraph (d) of subsection (3) and subsection |
| 17 | (8) of section 316.2065, Florida Statutes, are amended to read: |
| 18 | 316.2065 Bicycle regulations.-- |
| 19 | (3) |
| 20 | (d) A bicycle rider or passenger who is under 16 years of |
| 21 | age must wear a bicycle helmet that is properly fitted and is |
| 22 | fastened securely upon the passenger's head by a strap, and that |
| 23 | meets the federal safety standard for bicycle helmets, final |
| 24 | rule, 16 C.F.R. part 1203. Helmets purchased prior to October 1, |
| 25 | 2006, and meeting standards of the American National Standards |
| 26 | Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards |
| 27 | of the Snell Memorial Foundation (1984 Standard for Protective |
| 28 | Headgear for Use in Bicycling), or any other nationally |
| 29 | recognized standards for bicycle helmets adopted by the |
| 30 | department may continue to be worn by riders or passengers until |
| 31 | January 1, 2010. As used in this subsection, the term |
| 32 | "passenger" includes a child who is riding in a trailer or |
| 33 | semitrailer attached to a bicycle. |
| 34 | (8) Every bicycle in use between sunset and sunrise shall |
| 35 | be equipped with a lamp on the front exhibiting a white light |
| 36 | visible from a distance of at least 500 feet to the front and a |
| 37 | lamp and reflector on the rear each exhibiting a red light |
| 38 | visible from a distance of 600 feet to the rear. A bicycle or |
| 39 | its rider may be equipped with lights or reflectors in addition |
| 40 | to those required by this section. Law enforcement officers may |
| 41 | issue a bicycle safety brochure and a verbal warning to a |
| 42 | bicycle rider who violates this subsection. A bicycle rider who |
| 43 | violates this subsection may be issued a citation by a law |
| 44 | enforcement officer and assessed a fine for a pedestrian |
| 45 | violation, as provided in s. 318.18. The court shall dismiss the |
| 46 | charge against a bicycle rider for a first violation of this |
| 47 | subsection upon proof of purchase and installation of the proper |
| 48 | lighting equipment. |
| 49 | Section 2. This act shall take effect October 1, 2006. |