HB 4113

A bill to be entitled
2An act relating to bicycle regulations; amending s.
3316.2065, F.S.; removing a requirement to keep one hand on
4the handlebars while operating a bicycle; amending s.
5322.27, F.S.; conforming a cross-reference to changes made
6by the act; providing an effective date.
8Be It Enacted by the Legislature of the State of Florida:
10     Section 1.  Subsections (7) through (20) of section
11316.2065, Florida Statutes, are amended to read:
12     316.2065  Bicycle regulations.-
13     (7)  Any person operating a bicycle shall keep at least one
14hand upon the handlebars.
15     (7)(8)  Every bicycle in use between sunset and sunrise
16shall be equipped with a lamp on the front exhibiting a white
17light visible from a distance of at least 500 feet to the front
18and a lamp and reflector on the rear each exhibiting a red light
19visible from a distance of 600 feet to the rear. A bicycle or
20its rider may be equipped with lights or reflectors in addition
21to those required by this section.
22     (8)(9)  No parent of any minor child and no guardian of any
23minor ward may authorize or knowingly permit any such minor
24child or ward to violate any of the provisions of this section.
25     (9)(10)  A person propelling a vehicle by human power upon
26and along a sidewalk, or across a roadway upon and along a
27crosswalk, has all the rights and duties applicable to a
28pedestrian under the same circumstances.
29     (10)(11)  A person propelling a bicycle upon and along a
30sidewalk, or across a roadway upon and along a crosswalk, shall
31yield the right-of-way to any pedestrian and shall give an
32audible signal before overtaking and passing such pedestrian.
33     (11)(12)  No person upon roller skates, or riding in or by
34means of any coaster, toy vehicle, or similar device, may go
35upon any roadway except while crossing a street on a crosswalk;
36and, when so crossing, such person shall be granted all rights
37and shall be subject to all of the duties applicable to
39     (12)(13)  This section shall not apply upon any street
40while set aside as a play street authorized herein or as
41designated by state, county, or municipal authority.
42     (13)(14)  Every bicycle shall be equipped with a brake or
43brakes which will enable its rider to stop the bicycle within 25
44feet from a speed of 10 miles per hour on dry, level, clean
46     (14)(15)  A person engaged in the business of selling
47bicycles at retail shall not sell any bicycle unless the bicycle
48has an identifying number permanently stamped or cast on its
50     (15)(16)(a)  A person may not knowingly rent or lease any
51bicycle to be ridden by a child who is under the age of 16 years
53     1.  The child possesses a bicycle helmet; or
54     2.  The lessor provides a bicycle helmet for the child to
56     (b)  A violation of this subsection is a nonmoving
57violation, punishable as provided in s. 318.18.
58     (16)(17)  The court may waive, reduce, or suspend payment
59of any fine imposed under subsection (3) or subsection (15) (16)
60and may impose any other conditions on the waiver, reduction, or
61suspension. If the court finds that a person does not have
62sufficient funds to pay the fine, the court may require the
63performance of a specified number of hours of community service
64or attendance at a safety seminar.
65     (17)(18)  Notwithstanding s. 318.21, all proceeds collected
66pursuant to s. 318.18 for violations under paragraphs (3)(e) and
67(15)(b) (16)(b) shall be deposited into the State Transportation
68Trust Fund.
69     (18)(19)  The failure of a person to wear a bicycle helmet
70or the failure of a parent or guardian to prevent a child from
71riding a bicycle without a bicycle helmet may not be considered
72evidence of negligence or contributory negligence.
73     (19)(20)  Except as otherwise provided in this section, a
74violation of this section is a noncriminal traffic infraction,
75punishable as a pedestrian violation as provided in chapter 318.
76A law enforcement officer may issue traffic citations for a
77violation of subsection (3) or subsection (15) (16) only if the
78violation occurs on a bicycle path or road, as defined in s.
79334.03. However, a law enforcement officer may not issue
80citations to persons on private property, except any part
81thereof which is open to the use of the public for purposes of
82vehicular traffic.
83     Section 2.  Paragraph (d) of subsection (3) of section
84322.27, Florida Statutes, is amended to read:
85     322.27  Authority of department to suspend or revoke
87     (3)  There is established a point system for evaluation of
88convictions of violations of motor vehicle laws or ordinances,
89and violations of applicable provisions of s. 403.413(6)(b) when
90such violations involve the use of motor vehicles, for the
91determination of the continuing qualification of any person to
92operate a motor vehicle. The department is authorized to suspend
93the license of any person upon showing of its records or other
94good and sufficient evidence that the licensee has been
95convicted of violation of motor vehicle laws or ordinances, or
96applicable provisions of s. 403.413(6)(b), amounting to 12 or
97more points as determined by the point system. The suspension
98shall be for a period of not more than 1 year.
99     (d)  The point system shall have as its basic element a
100graduated scale of points assigning relative values to
101convictions of the following violations:
102     1.  Reckless driving, willful and wanton-4 points.
103     2.  Leaving the scene of a crash resulting in property
104damage 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
109speed-3 points.
110     b.  In excess of 15 miles per hour of lawful or posted
111speed-4 points.
112     6.  A violation of a traffic control signal device as
113provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
114However, no points shall be imposed for a violation of s.
115316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
116stop at a traffic signal and when enforced by a traffic
117infraction enforcement officer. In addition, a violation of s.
118316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
119stop at a traffic signal and when enforced by a traffic
120infraction enforcement officer may not be used for purposes of
121setting motor vehicle insurance rates.
122     7.  All other moving violations (including parking on a
123highway outside the limits of a municipality)-3 points. However,
124no points shall be imposed for a violation of s. 316.0741 or s.
125316.2065(11)(12); and points shall be imposed for a violation of
126s. 316.1001 only when imposed by the court after a hearing
127pursuant to s. 318.14(5).
128     8.  Any moving violation covered above, excluding unlawful
129speed, 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.