Florida Senate - 2011                                    SB 1788
       
       
       
       By Senator Bogdanoff
       
       
       
       
       25-01547-11                                           20111788__
    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 while
   41  set aside as a play street authorized herein or as designated by
   42  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 of
   60  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)(12); and points shall be imposed for a violation of
  127  s. 316.1001 only when imposed by the court after a hearing
  128  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, 2011.