Florida Senate - 2011                                     SB 118
       By Senator Bullard
       39-00102-11                                            2011118__
    1                        A bill to be entitled                      
    2         An act relating to bicycle safety; amending s.
    3         316.2065, F.S.; revising safety standard requirements
    4         for bicycle helmets that must be worn by certain
    5         riders and passengers; providing for enforcement of
    6         requirements for bicycle lighting equipment; providing
    7         penalties for violations; providing for dismissal of
    8         the charge following a first offense under certain
    9         circumstances; providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Paragraph (d) of subsection (3) and subsection
   14  (8) of section 316.2065, Florida Statutes, are amended to read:
   15         316.2065 Bicycle regulations.—
   16         (3)
   17         (d) A bicycle rider or passenger who is under 16 years of
   18  age must wear a bicycle helmet that is properly fitted and is
   19  fastened securely upon the passenger’s head by a strap, and that
   20  meets the federal safety standard for bicycle helmets, final
   21  rule, 16 C.F.R. part 1203. Helmets purchased before October 1,
   22  2011, and meeting standards of the American National Standards
   23  Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards
   24  of the Snell Memorial Foundation (1984 Standard for Protective
   25  Headgear for Use in Bicycling), or any other nationally
   26  recognized standards for bicycle helmets adopted by the
   27  department may continue to be worn by riders or passengers until
   28  January 1, 2015. As used in this subsection, the term
   29  “passenger” includes a child who is riding in a trailer or
   30  semitrailer attached to a bicycle.
   31         (8) Every bicycle in use between sunset and sunrise shall
   32  be equipped with a lamp on the front exhibiting a white light
   33  visible from a distance of at least 500 feet to the front and a
   34  lamp and reflector on the rear each exhibiting a red light
   35  visible from a distance of 600 feet to the rear. A bicycle or
   36  its rider may be equipped with lights or reflectors in addition
   37  to those required by this section. A law enforcement officer may
   38  issue a bicycle safety brochure and a verbal warning to a
   39  bicycle rider who violates this subsection. A bicycle rider who
   40  violates this subsection may be issued a citation by a law
   41  enforcement officer and assessed a fine for a pedestrian
   42  violation, as provided in s. 318.18. The court shall dismiss the
   43  charge against a bicycle rider for a first violation of this
   44  subsection upon proof of purchase and installation of the proper
   45  lighting equipment.
   46         Section 2. This act shall take effect October 1, 2011.