HB 4113

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 hand on
4	the handlebars while operating a bicycle; amending s.
5	322.27, F.S.; conforming a cross-reference to changes made
6	by the act; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.  Subsections (7) through (20) of section
11	316.2065, Florida Statutes, are amended to read:
12	316.2065  Bicycle regulations.-
13	(7)  Any person operating a bicycle shall keep at least one
14	hand upon the handlebars.
15	(7)(8)  Every bicycle in use between sunset and sunrise
16	shall be equipped with a lamp on the front exhibiting a white
17	light visible from a distance of at least 500 feet to the front
18	and a lamp and reflector on the rear each exhibiting a red light
19	visible from a distance of 600 feet to the rear. A bicycle or
20	its rider may be equipped with lights or reflectors in addition
21	to those required by this section.
22	(8)(9)  No parent of any minor child and no guardian of any
23	minor ward may authorize or knowingly permit any such minor
24	child or ward to violate any of the provisions of this section.
25	(9)(10)  A person propelling a vehicle by human power upon
26	and along a sidewalk, or across a roadway upon and along a
27	crosswalk, has all the rights and duties applicable to a
28	pedestrian under the same circumstances.
29	(10)(11)  A person propelling a bicycle upon and along a
30	sidewalk, or across a roadway upon and along a crosswalk, shall
31	yield the right-of-way to any pedestrian and shall give an
32	audible signal before overtaking and passing such pedestrian.
33	(11)(12)  No person upon roller skates, or riding in or by
34	means of any coaster, toy vehicle, or similar device, may go
35	upon any roadway except while crossing a street on a crosswalk;
36	and, when so crossing, such person shall be granted all rights
37	and shall be subject to all of the duties applicable to
38	pedestrians.
39	(12)(13)  This section shall not apply upon any street
40	while set aside as a play street authorized herein or as
41	designated by state, county, or municipal authority.
42	(13)(14)  Every bicycle shall be equipped with a brake or
43	brakes which will enable its rider to stop the bicycle within 25
44	feet from a speed of 10 miles per hour on dry, level, clean
45	pavement.
46	(14)(15)  A person engaged in the business of selling
47	bicycles at retail shall not sell any bicycle unless the bicycle
48	has an identifying number permanently stamped or cast on its
49	frame.
50	(15)(16)(a)  A person may not knowingly rent or lease any
51	bicycle to be ridden by a child who is under the age of 16 years
52	unless:
53	1.  The child possesses a bicycle helmet; or
54	2.  The lessor provides a bicycle helmet for the child to
55	wear.
56	(b)  A violation of this subsection is a nonmoving
57	violation, punishable as provided in s. 318.18.
58	(16)(17)  The court may waive, reduce, or suspend payment
59	of any fine imposed under subsection (3) or subsection (15) (16)
60	and may impose any other conditions on the waiver, reduction, or
61	suspension. If the court finds that a person does not have
62	sufficient funds to pay the fine, the court may require the
63	performance of a specified number of hours of community service
64	or attendance at a safety seminar.
65	(17)(18)  Notwithstanding s. 318.21, all proceeds collected
66	pursuant to s. 318.18 for violations under paragraphs (3)(e) and
67	(15)(b) (16)(b) shall be deposited into the State Transportation
68	Trust Fund.
69	(18)(19)  The failure of a person to wear a bicycle helmet
70	or the failure of a parent or guardian to prevent a child from
71	riding a bicycle without a bicycle helmet may not be considered
72	evidence of negligence or contributory negligence.
73	(19)(20)  Except as otherwise provided in this section, a
74	violation of this section is a noncriminal traffic infraction,
75	punishable as a pedestrian violation as provided in chapter 318.
76	A law enforcement officer may issue traffic citations for a
77	violation of subsection (3) or subsection (15) (16) only if the
78	violation occurs on a bicycle path or road, as defined in s.
79	334.03. However, a law enforcement officer may not issue
80	citations to persons on private property, except any part
81	thereof which is open to the use of the public for purposes of
82	vehicular traffic.
83	Section 2.  Paragraph (d) of subsection (3) of section
84	322.27, Florida Statutes, is amended to read:
85	322.27  Authority of department to suspend or revoke
86	license.-
87	(3)  There is established a point system for evaluation of
88	convictions of violations of motor vehicle laws or ordinances,
89	and violations of applicable provisions of s. 403.413(6)(b) when
90	such violations involve the use of motor vehicles, for the
91	determination of the continuing qualification of any person to
92	operate a motor vehicle. The department is authorized to suspend
93	the license of any person upon showing of its records or other
94	good and sufficient evidence that the licensee has been
95	convicted of violation of motor vehicle laws or ordinances, or
96	applicable provisions of s. 403.413(6)(b), amounting to 12 or
97	more points as determined by the point system. The suspension
98	shall be for a period of not more than 1 year.
99	(d)  The point system shall have as its basic element a
100	graduated scale of points assigning relative values to
101	convictions of the following violations:
102	1.  Reckless driving, willful and wanton-4 points.
103	2.  Leaving the scene of a crash resulting in property
104	damage of more than $50-6 points.
105	3.  Unlawful speed resulting in a crash-6 points.
106	4.  Passing a stopped school bus-4 points.
107	5.  Unlawful speed:
108	a.  Not in excess of 15 miles per hour of lawful or posted
109	speed-3 points.
110	b.  In excess of 15 miles per hour of lawful or posted
111	speed-4 points.
112	6.  A violation of a traffic control signal device as
113	provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
114	However, no points shall be imposed for a violation of s.
115	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
116	stop at a traffic signal and when enforced by a traffic
117	infraction enforcement officer. In addition, a violation of s.
118	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
119	stop at a traffic signal and when enforced by a traffic
120	infraction enforcement officer may not be used for purposes of
121	setting motor vehicle insurance rates.
122	7.  All other moving violations (including parking on a
123	highway outside the limits of a municipality)-3 points. However,
124	no points shall be imposed for a violation of s. 316.0741 or s.
125	316.2065(11)(12); and points shall be imposed for a violation of
126	s. 316.1001 only when imposed by the court after a hearing
127	pursuant to s. 318.14(5).
128	8.  Any moving violation covered above, excluding unlawful
129	speed, resulting in a crash-4 points.
130	9.  Any conviction under s. 403.413(6)(b)-3 points.
131	10.  Any conviction under s. 316.0775(2)-4 points.
132	Section 3.  This act shall take effect July 1, 2011.

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