Florida Senate - 2017 SB 266 By Senator Book 32-00300-17 2017266__ 1 A bill to be entitled 2 An act relating to skateboard and scooter regulations; 3 providing a short title; creating s. 316.2066, F.S.; 4 requiring a child under 16 years of age to wear a 5 helmet while riding a skateboard, scooter, or other 6 similar foot-propelled wheeled vehicle; providing 7 helmet requirements and standards; authorizing a law 8 enforcement officer or school crossing guard to issue 9 a safety brochure and a verbal warning to a child 10 under a certain age for a specified violation; 11 authorizing the issuance of a citation by a law 12 enforcement officer to the child and the assessment of 13 a certain fine for a specified violation; requiring 14 the court to dismiss the charge against the child 15 under certain circumstances; prohibiting a person 16 riding a skateboard, scooter, or other similar foot 17 propelled wheeled vehicle from attaching the same or 18 himself or herself to any vehicle upon a roadway; 19 prohibiting a parent or guardian from authorizing or 20 knowingly permitting a child to violate certain 21 provisions; providing a noncriminal traffic infraction 22 for a specified violation; prohibiting a person from 23 knowingly renting or leasing a skateboard, scooter, or 24 other similar foot-propelled wheeled vehicle to be 25 ridden by a child unless specified requirements are 26 met; providing a nonmoving violation for a specified 27 violation; authorizing the court to waive, reduce, or 28 suspend payment of certain fines and to impose any 29 other conditions on the waiver, reduction, or 30 suspension; authorizing the court to require the 31 performance of community service or attendance at a 32 safety seminar under certain circumstances; providing 33 for the disposition of fines; providing for 34 construction; amending s. 318.18, F.S.; conforming 35 provisions to changes made by this act; providing an 36 effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. This act may be cited as “Max’s Helmet Law.” 41 Section 2. Section 316.2066, Florida Statutes, is created 42 to read: 43 316.2066 Skateboards and foot-propelled scooters; 44 regulations.— 45 (1)(a) A child who is under 16 years of age must wear a 46 helmet while riding a skateboard, scooter, or other similar 47 foot-propelled wheeled vehicle, including a longboard, Penny 48 skateboard, or kick scooter. The helmet must be properly fitted 49 and fastened securely upon the child’s head by a strap and must 50 meet the federal safety standard for bicycle helmets, final 51 rule, 16 C.F.R. part 1203. A helmet purchased before October 1, 52 2017, which meets the standards of the American National 53 Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the 54 standards of the Snell Memorial Foundation (1984 Standard for 55 Protective Headgear for Use in Bicycling), or any other 56 nationally recognized standards for bicycle helmets adopted by 57 the department shall be deemed to meet the requirements of this 58 paragraph until January 1, 2021. 59 (b) A law enforcement officer or school crossing guard may 60 issue a safety brochure and a verbal warning to a child under 16 61 years of age who violates this subsection. A child under 16 62 years of age who violates this subsection may be issued a 63 citation by a law enforcement officer and assessed a fine for a 64 pedestrian violation as provided in s. 318.18. The court shall 65 dismiss the charge against a child under 16 years of age for a 66 first violation of paragraph (a) upon proof of purchase of a 67 helmet that conforms to this subsection. 68 (2)(a) A person riding a skateboard, scooter, or other 69 similar foot-propelled wheeled vehicle, including a longboard, 70 Penny skateboard, or kick scooter, may not attach the same or 71 himself or herself to any vehicle upon a roadway. 72 (b) A child’s parent or guardian may not authorize or 73 knowingly permit the child to violate this section. 74 (c) A violation of this subsection is a noncriminal traffic 75 infraction, punishable as a pedestrian violation as provided in 76 chapter 318. 77 (3)(a) A person may not knowingly rent or lease a 78 skateboard, scooter, or other similar foot-propelled wheeled 79 vehicle, including a longboard, Penny skateboard, or kick 80 scooter, to be ridden by a child who is under 16 years of age 81 unless: 82 1. The child possesses a helmet; or 83 2. The person provides a helmet for the child to wear. 84 (b) A violation of this subsection is a nonmoving 85 violation, punishable as provided in s. 318.18. 86 (4) The court may waive, reduce, or suspend payment of any 87 fine imposed under subsection (1) or subsection (3) and may 88 impose any other conditions on the waiver, reduction, or 89 suspension. If the court finds that a person does not have 90 sufficient funds to pay the fine, the court may require the 91 performance of a specified number of hours of community service 92 or attendance at a safety seminar. 93 (5) Notwithstanding s. 318.21, all proceeds collected 94 pursuant to s. 318.18 for violations under paragraphs (1)(b) and 95 (3)(b) shall be deposited into the State Transportation Trust 96 Fund. 97 (6) The failure of a child to wear a helmet, or the failure 98 of a parent or guardian to prevent a child from riding a 99 skateboard or foot-propelled scooter without wearing a helmet, 100 as required by this section, may not be considered evidence of 101 negligence or contributory negligence. 102 Section 3. Paragraph (b) of subsection (1) of section 103 318.18, Florida Statutes, is amended to read: 104 318.18 Amount of penalties.—The penalties required for a 105 noncriminal disposition pursuant to s. 318.14 or a criminal 106 offense listed in s. 318.17 are as follows: 107 (1) Fifteen dollars for: 108 (b) All infractions of ss.
s.316.2065 and 316.2066, unless 109 otherwise specified. 110 Section 4. This act shall take effect October 1, 2017.