HB 31

A bill to be entitled
2An act relating to bicycle safety; amending s. 316.2065,
3F.S.; revising safety standard requirements for bicycle
4helmets that must be worn by certain riders and
5passengers; providing for enforcement of certain bicycle
6equipment requirements; providing penalties for
7violations; providing for dismissal of a first offense;
8providing an effective date.
10Be It Enacted by the Legislature of the State of Florida:
12     Section 1.  Paragraph (d) of subsection (3) and subsection
13(8) of section 316.2065, Florida Statutes, are amended to read:
14     316.2065  Bicycle regulations.--
15     (3)
16     (d)  A bicycle rider or passenger who is under 16 years of
17age must wear a bicycle helmet that is properly fitted and is
18fastened securely upon the passenger's head by a strap, and that
19meets the federal safety standard for bicycle helmets, final
20rule, 16 C.F.R. part 1203. Helmets purchased before October 1,
212007, and meeting standards of the American National Standards
22Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards
23of the Snell Memorial Foundation (1984 Standard for Protective
24Headgear for Use in Bicycling), or any other nationally
25recognized standards for bicycle helmets adopted by the
26department may continue to be worn by riders or passengers until
27January 1, 2011. As used in this subsection, the term
28"passenger" includes a child who is riding in a trailer or
29semitrailer attached to a bicycle.
30     (8)  Every bicycle in use between sunset and sunrise shall
31be equipped with a lamp on the front exhibiting a white light
32visible from a distance of at least 500 feet to the front and a
33lamp and reflector on the rear each exhibiting a red light
34visible from a distance of 600 feet to the rear. A bicycle or
35its rider may be equipped with lights or reflectors in addition
36to those required by this section. Law enforcement officers may
37issue a bicycle safety brochure and a verbal warning to a
38bicycle rider who violates this subsection. A bicycle rider who
39violates this subsection may be issued a citation by a law
40enforcement officer and assessed a fine for a pedestrian
41violation, as provided in s. 318.18. The court shall dismiss the
42charge against a bicycle rider for a first violation of this
43subsection upon proof of purchase and installation of the proper
44lighting equipment.
45     Section 2.  This act shall take effect October 1, 2007.

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