DOT HS 809 854, March 2005

Section VIII. Legislative Language

B. State of Florida

1. FLORIDA 1994 LEGISLATION

HB 651

A bill to be entitled

An act relating to bicycle regulations; amending s. 316.2065, F.S.; requiring a bicycle rider who carries a child passenger to provide certain safety equipment; prohibiting a person who rides a bicycle on a highway or in a public place from allowing a child passenger to ride on the bicycle or on a bicycle trailer or bicycle semitrailer without a helmet; providing a penalty; providing for dismissal of charges under specified circumstances; prohibiting a bicycle rider from allowing a child to remain in a child carrier when the rider is not in immediate control of the bicycle; requiring a label specifying safety requirements to be affixed to boxes containing certain child carriers; providing a definition; providing requirements for the wearing of a safety helmet for the operation of a bicycle; providing for enforcement; providing penalties; providing exceptions; providing for the disposition of fines; providing for educational programs; providing for application with respect to negligence provisions; amending s. 318.18, F.S.; providing for the assessment of fines for certain violations; providing an effective date.

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

Section 1. Subsection (3) of section 316.2065, Florida Statutes, is amended, and subsection (16) is added to said section, to read:

316.2065 Bicycle regulations.

(3) (a) No bicycle may be used to carry more persons at one time than the number for which it is designed or equipped, except that an adult rider may carry a child securely attached to his person in a backpack or sling.

(b) Except as provided in paragraph (a), a bicycle rider who carries a passenger who is less than 4 years of age, or who weighs 40 pounds or less, shall carry that passenger in a seat designed to carry a child or in a child carrier which has adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle.

(c) A person who rides a bicycle upon a paved highway or in a public place may not allow any person who is less than 4 years of age, or who weighs 40 pounds or less, to ride as a passenger on such bicycle or on a bicycle trailer or bicycle semitrailer attached to that bicycle, unless that passenger is wearing a helmet which meets the standards of the American National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), or the Snell Memorial Foundation's 1984 Standard for Protective Headgear for Use in Bicycling, or other standards that supercede these standards. For purposes of this paragraph, the term “wearing a helmet” means having a helmet of good fit fastened securely upon the head with helmet straps.

(d) Until January 1, 1996, law enforcement officers shall issue written warnings to those in violation of this subsection. Effective January 1, 1996, any person found to have committed a violation of this subsection shall be assessed a fine for a nonmoving traffic violation as provided in s. 318.18. The clerk of the court shall dismiss the charges against a person for his first violation of paragraph (c) if the violator produces proof that a helmet which meets the standards prescribed in paragraph (c) has been purchased for use by the passenger. The clerk of the court may assess a fee of $5 for dismissing the case under this paragraph.

(e) The rider of a bicycle may not allow a child to remain in a child carrier on a bicycle when the rider is not in immediate control of such vehicle.

(f) Effective January 1, 1995, the manufacturer of each bicycle seat designed to carry a child as a passenger, or a child carrier, sold in this state must have a label affixed to the front of the box containing such seat or child carrier which states that a child who is less than 4 years of age, or who weighs 40 pounds or less, must wear a helmet while being transported in the carrier and may not be left on a bicycle at any time that the rider is not in immediate control of the bicycle.

(16)(a) As used in this subsection, the term “guardian” means a parent, legal guardian, or temporary guardian who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of 16 years.

(b) 1. Any person under the age of 16 operating or riding on a bicycle on a public roadway, bicycle path, or any right-of-way or publicly owned facility under the jurisdiction of the state, a county, or a municipality shall wear a properly fitted and fastened helmet designed for bicycle safety. Such helmet shall meet or exceed the requirements of the American National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), or the Snell Memorial Foundation's 1984 Standard for Protective Headgear for Use in Bicycling, or such subsequent nationally recognized standard for bicycle helmet use as the department may adopt. The helmet shall be equipped with either a neck or chin strap that shall be fastened securely while the bicycle is in motion.

2. The guardian of a person under the age of 16 years shall not knowingly allow his child or ward to operate or ride a bicycle in violation of the provisions of this subsection, nor shall he fail to take reasonable steps to prevent such operation or riding of a bicycle.

3. It is unlawful to rent or lease any bicycle to or for the use of any person under the age of 16 years unless:

a. The renter possesses a bicycle helmet; or

b. The rental agency provides a bicycle helmet.

(c) 1. Any law enforcement officer in the state charged with enforcing motor vehicle traffic safety laws may enforce the provisions of this subsection.

2. Until January 1, 1996, law enforcement officers and school crossing guards shall issue

written warnings to those in violation of this subsection. Effective January 1, 1996, any person found to have committed a violation of this subsection shall be assessed a fine for a nonmoving traffic violation as provided in s. 318.18.

3. Notwithstanding the provisions of subparagraph 2., the fine for a person's first violation of this subsection shall be waived if:

a. The person charged is a minor and produces proof to the enforcing authority that he has obtained a bicycle helmet which meets the standards prescribed in paragraph (b) for use within 10 days of the violation; or

b. The person charged is the guardian of a minor and he produces proof to the enforcing authority that he has obtained a bicycle helmet which meets the standards prescribed in paragraph (b) for the use of the minor within 10 days of the violation.

4. Notwithstanding the provisions of this subsection, the court may waive, reduce, or suspend the monetary penalties provided for in this subsection and impose such conditions on a waiver, reduction, or suspension as it deems just. If the court determines that a person has insufficient funds to pay the monetary penalty, the court may enter the performance of a specified number of hours of community service in lieu of a monetary penalty.

5. Notwithstanding the requirements of s. 318.21, all proceeds collected under the provisions of this subsection and under paragraph (3) (c) shall be deposited in the State Transportation Trust Fund. The Department of Transportation shall utilize these funds to provide educational programs devoted to bicycle safety. If it is determined that sufficient money is available, the department shall utilize a portion of the funds to assist low-income persons in purchasing helmets which meet the standards set forth in this subsection.

(d) Failure of a person to use a bicycle helmet as required by this subsection or evidence that a guardian of a minor knowingly allowed the minor to violate the bicycle helmet requirements of this subsection shall not be considered evidence of negligence or contributory negligence.

Section 2. Subsection (1) of section 318.18, Florida Statutes, is amended to read:

318.18 Amount of civil penalties.--The penalties required for a noncriminal disposition pursuant to ss. 316.2935(6) and 318.14(1), (2), and (4) are as follows:

(1) (a) Seventeen dollars for all infractions of pedestrian regulations under s. 316.130, all infractions of s. 316.2065 (12), and violations of chapter 316, except for violations of ss. 316.2065 (3) (b) and (c) and 316.2065 (16), by persons 14 years of age or under who are operating bicycles.

(b) Twenty-five dollars for all infractions of ss. 316.2065 (3) (b) and (c) and 316.2065 (16).

Section 3. This act shall take effect January 1, 1995.

2. FLORIDA 1995 LEGISLATION

HB 775

A bill to be entitled

An act relating to bicycling; amending s. 316.2065, F.S.; requiring a bicycle rider who carries a child passenger to provide certain safety equipment; prohibiting a person who rides a bicycle on a highway or in a public place from allowing a child passenger to ride on the bicycle or on a bicycle trailer or bicycle semitrailer without a helmet; providing a penalty; providing for dismissal of charges under specified circumstances; prohibiting a bicycle rider from allowing a child to remain in a child carrier when the rider is not in immediate control of the bicycle; providing a definition; providing requirements for the wearing of a safety helmet for the operation of a bicycle; providing for enforcement; providing penalties; providing exceptions; providing for the disposition of fines; providing for educational programs; providing for application with respect to negligence provisions; amending s. 318.18, F.S.; providing for the assessment of fines for certain violations; providing an effective date.

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

Section 1. Subsection (3) of section 316.2065, Florida Statutes, 1994 Supplement, is amended, and subsection (16) is added to that section, to read:

316.2065 Bicycle regulations.

( 3) (a) No bicycle may be used to carry more persons at one time than the number for which it is designed or equipped, except that an adult rider may carry a child securely attached to his person in a backpack or sling.

(d) Until January 1, 1997, law enforcement officers shall issue written warnings to those in violation of this subsection. Effective January 1, 1997, any person found to have committed a violation of this subsection shall be assessed a fine for a nonmoving traffic violation as provided in s. 318.18. The clerk of the court shall dismiss the charges against a person for his first violation of paragraph (c) if the violator produces proof that a helmet which meets the standards prescribed in paragraph (c) has been purchased for use by the passenger. The clerk of the court may assess a fee of $5 for dismissing the case under this paragraph.

(e) The rider of a bicycle may not allow a child to remain in a child carrier on a bicycle when the rider is not in immediate control of such vehicle.

(b) 1. Any person under the age of 16 years operating or riding on a bicycle on a public roadway, bicycle path, or any right-of-way or publicly owned facility under the jurisdiction of the state, a county, or a municipality shall wear a properly fitted and fastened helmet designed for bicycle safety. Such helmet shall meet or exceed the requirements of the American National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), or the Snell Memorial Foundation's 1984 Standard for Protective Headgear for Use in Bicycling, or such subsequent nationally recognized standard for bicycle helmet use as the department may adopt. The helmet shall be equipped with either a neck or chin strap that shall be fastened securely while the bicycle is in motion.

3. It is unlawful to rent or lease any bicycle to or for the use of any person under the age of 16 years unless:

a. The renter possesses a bicycle helmet; or

b. The rental agency provides a bicycle helmet.

(c) 1. Any law enforcement officer in the state charged with enforcing motor vehicle traffic safety laws may enforce the provisions of this subsection.

2. Until January 1, 1997, law enforcement officers and school crossing guards shall issue written warnings to those in violation of this subsection. Effective January 1, 1997, any person found to have committed a violation of this subsection shall be assessed a fine for a nonmoving traffic violation as provided in s. 318.18.

3. Notwithstanding the provisions of subparagraph 2., the fine for a person's first violation of this subsection shall be waived if:

Section 2. Subsection (1) of section 318.18, Florida Statutes, 1994 Supplement, is amended to read:

318.18 Amount of civil penalties.--The penalties required for a noncriminal disposition pursuant to ss. 316.2935(6) and 318.14(1), (2), and (4) are as follows:

(b) Twenty-five dollars for all infractions of ss. 316.2065 (3) (b) and (c) and 316.2065 (16).

Section 3. This act shall take effect January 1, 1996.

3. FLORIDA 1996 LEGISLATION (ADOPTED)

ENROLLED
1996 Legislature

SB 2370

An act relating to bicycling; amending s. 316.2065, F.S.; requiring a bicycle rider who carries a young or small child as a passenger to provide certain safety equipment; prohibiting a bicycle rider from allowing a passenger to remain in a child seat or carrier when the rider is not in immediate control of the bicycle; requiring a bicycle rider or passenger under the age of 16 years to wear a bicycle helmet; specifying standards for bicycle helmets; providing a penalty; providing for dismissal of charges under specified circumstances; providing requirements for parents or guardians of children pertaining to the wearing of a helmet while riding a bicycle; prohibiting renting or leasing a bicycle without a helmet; providing for enforcement; providing penalties; providing exceptions; providing for the disposition of fines; providing for evidentiary application with respect to negligence; amending s. 318.18, F.S.; providing for the assessment of fines for certain violations of bicycle safety requirements; authorizing counties not to comply with certain provisions of s. 316.2065, F.S.; providing an effective date.

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

Section 1. Subsection (3) of section 316.2065, Florida Statutes, is amended, and subsections (16), (17), (18), (19), and (20) are added to that section, to read:

316.2065 Bicycle regulations.--

( 3) (a) A bicycle may not be used to carry more persons at one time than the number for which it is designed or equipped, except that an adult rider may carry a child securely attached to his or her person in a backpack or sling.

(b) Except as provided in paragraph (a), a bicycle rider must carry any passenger who is a child under 4 years of age, or who weighs 40 pounds or less, in a seat or carrier that is designed to carry a child of that age or size and that secures and protects the child from the moving parts of the bicycle.

(c) A bicycle rider may not allow a passenger to remain in a child seat or carrier on a bicycle when the rider is not in immediate control of the bicycle.

(d) A bicycle rider or passenger who is under 16 years of age must wear a bicycle helmet that is properly fitted and is fastened securely upon the passenger's head by a strap, and that meets the standards of the American National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards of the Snell Memorial Foundation (1984 Standard for Protective Headgear for Use in Bicycling), or any other nationally recognized standards for bicycle helmets adopted by the department. As used in this subsection, the term “passenger” includes a child who is riding in a trailer or semitrailer attached to a bicycle.

(e) Law enforcement officers and school crossing guards may issue a bicycle safety brochure and a verbal warning to a bicycle rider or passenger who violates this subsection. Effective January 1, 1998, a bicycle rider or passenger who violates this subsection may be issued a citation by a law enforcement officer and assessed a fine for a nonmoving traffic violation, as provided in s. 318.18. The court shall dismiss the charge against a bicycle rider or passenger for a first violation of paragraph (d) upon proof of purchase of a bicycle helmet that complies with this subsection.

(16)(a) A person may not knowingly rent or lease any bicycle to be ridden by a child who is under the age of 16 years unless:

1. The child possesses a bicycle helmet; or

2. The lessor provides a bicycle helmet for the child to wear.

(b) A violation of this subsection is a nonmoving violation, punishable as provided in s. 318.18.

(17) The court may waive, reduce, or suspend payment of any fine imposed under subsection (3) or subsection (16) and may impose any other conditions on the waiver, reduction, or suspension. If the court finds that a person does not have sufficient funds to pay the fine, the court may require the performance of a specified number of hours of community-service or attendance at a safety seminar.

(18) Notwithstanding s. 318.21, all proceeds collected pursuant to s. 318.18 for violations under paragraphs (3) (e) and (16)(b) shall be deposited into the State Transportation Trust Fund.

(19) The failure of a person to wear a bicycle helmet or the failure of a parent or guardian to prevent a child from riding a bicycle without a bicycle helmet may not be considered evidence of negligence or contributory negligence.

(20) Effective January 1, 1998, law enforcement officers may issue traffic citations for a violation of subsection (3) or subsection (16) only if the violation occurs on a bicycle path or road, as defined in s. 334.03. However, they may not issue citations to persons on private property, except any part thereof which is open to the use of the public for purposes of vehicular traffic.

Section 2. Subsection (1) of section 318.18, Florida Statutes, is amended to read:

318.18 Amount of civil penalties.--The penalties required for a noncriminal disposition pursuant to ss. 316.2935(6) and 318.14(1), (2), and (4) are as follows:

(1) Seventeen dollars for all infractions of pedestrian regulations under s. 316.130, all infractions of s. 316.2065, and violations of chapter 316 by persons 14 years of age or under who are operating bicycles.

Section 3. A county may exempt itself from the provisions of section 316.2065(3) (d) and (16), Florida Statutes, if the board of county commissioners:

(1) Passes an ordinance to that effect before January 1, 1998; and

(2) Provides notice, holds a hearing, and takes testimony before passing the ordinance.

Section 4. This act shall take effect January 1, 1997.