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A bill to be entitled

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An act relating to bicycle safety; amending s. 316.2065,

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F.S.; revising safety standard requirements for bicycle

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helmets that must be worn by certain riders and

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passengers; providing for enforcement of requirements for

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bicycle lighting equipment; providing penalties for

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violations; providing for dismissal of the charge

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following a first offense; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (d) of subsection (3) and subsection

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(8) of section 316.2065, Florida Statutes, are amended to read:

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     316.2065  Bicycle regulations.--

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     (3)

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     (d)  A bicycle rider or passenger who is under 16 years of

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age must wear a bicycle helmet that is properly fitted and is

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fastened securely upon the passenger's head by a strap, and that

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meets the federal safety standard for bicycle helmets, final

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rule, 16 C.F.R. part 1203. Helmets purchased before October 1,

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2008, and meeting standards of the American National Standards

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Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards

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of the Snell Memorial Foundation (1984 Standard for Protective

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Headgear for Use in Bicycling), or any other nationally

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recognized standards for bicycle helmets adopted by the

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department may continue to be worn by riders or passengers until

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January 1, 2012. As used in this subsection, the term "passenger"

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includes a child who is riding in a trailer or semitrailer

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attached to a bicycle.

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     (8)  Every bicycle in use between sunset and sunrise shall

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be equipped with a lamp on the front exhibiting a white light

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visible from a distance of at least 500 feet to the front and a

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lamp and reflector on the rear each exhibiting a red light

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visible from a distance of 600 feet to the rear. A bicycle or its

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rider may be equipped with lights or reflectors in addition to

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those required by this section. Law enforcement officers may

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issue a bicycle safety brochure and a verbal warning to a bicycle

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rider who violates this subsection. A bicycle rider who violates

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this subsection may be issued a citation by a law enforcement

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officer and assessed a fine for a pedestrian violation, as

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provided in s. 318.18. The court shall dismiss the charge against

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a bicycle rider for a first violation of this subsection upon

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proof of purchase and installation of the proper lighting

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equipment.

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     Section 2.  This act shall take effect October 1, 2008.