January 17, 2020
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Senate Bill 2320

Senate Bill sb2320

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2320

    By Senator Wasserman Schultz





    34-1406-04

  1                      A bill to be entitled

  2         An act relating to motorized scooters; amending

  3         s. 316.2065, F.S.; providing that certain

  4         bicycle safety regulations apply to motorized

  5         scooters, providing an effective date.

  6  

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

  8  

  9         Section 1.  Section 316.2065, Florida Statutes, is

10  amended to read:

11         316.2065  Bicycle and motorized scooter regulations.--

12         (1)  Every person propelling a vehicle by human power,

13  or operating a motorized scooter as defined in s. 316.003, has

14  all of the rights and all of the duties applicable to the

15  driver of any other vehicle under this chapter, except as to

16  special regulations in this chapter, and except as to

17  provisions of this chapter which by their nature can have no

18  application.

19         (2)  A person operating a bicycle may not ride other

20  than upon or astride a permanent and regular seat attached

21  thereto.

22         (3)(a)  A bicycle may not be used to carry more persons

23  at one time than the number for which it is designed or

24  equipped, except that an adult rider may carry a child

25  securely attached to his or her person in a backpack or sling.

26         (b)  Except as provided in paragraph (a), a bicycle

27  rider must carry any passenger who is a child under 4 years of

28  age, or who weighs 40 pounds or less, in a seat or carrier

29  that is designed to carry a child of that age or size and that

30  secures and protects the child from the moving parts of the

31  bicycle.

                                  1

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    Florida Senate - 2004                                  SB 2320
    34-1406-04




 1         (c)  A bicycle rider may not allow a passenger to

 2  remain in a child seat or carrier on a bicycle when the rider

 3  is not in immediate control of the bicycle.

 4         (d)  A bicycle rider or passenger or motorized scooter

 5  rider who is under 16 years of age must wear a bicycle helmet

 6  that is properly fitted and is fastened securely upon the

 7  rider's or passenger's head by a strap, and that meets the

 8  standards of the American National Standards Institute (ANSI Z

 9  90.4 Bicycle Helmet Standards), the standards of the Snell

10  Memorial Foundation (1984 Standard for Protective Headgear for

11  Use in Bicycling), or any other nationally recognized

12  standards for bicycle helmets adopted by the department. As

13  used in this subsection, the term "passenger" includes a child

14  who is riding in a trailer or semitrailer attached to a

15  bicycle.

16         (e)  Law enforcement officers and school crossing

17  guards may issue a bicycle safety brochure and a verbal

18  warning to a bicycle rider or passenger or motorized scooter

19  rider who violates this subsection. A bicycle rider or

20  passenger or motorized scooter rider who violates this

21  subsection may be issued a citation by a law enforcement

22  officer and assessed a fine for a pedestrian violation, as

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

24  against a bicycle rider or passenger or motorized scooter

25  rider for a first violation of paragraph (d) upon proof of

26  purchase of a bicycle helmet that complies with this

27  subsection.

28         (f)  A motorized scooter rider may not carry a

29  passenger.

30         (4)  A No person riding upon any motorized scooter,

31  bicycle, coaster, roller skates, sled, or toy vehicle may not

                                  2

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    Florida Senate - 2004                                  SB 2320
    34-1406-04




 1  attach the same or himself or herself to any vehicle upon a

 2  roadway. This subsection does not prohibit attaching a bicycle

 3  trailer or bicycle semitrailer to a bicycle if that trailer or

 4  semitrailer is commercially available and has been designed

 5  for such attachment.

 6         (5)(a)  Any person operating a bicycle upon a roadway

 7  at less than the normal speed of traffic at the time and place

 8  and under the conditions then existing shall ride as close as

 9  practicable to the right-hand curb or edge of the roadway

10  except under any of the following situations:

11         1.  When overtaking and passing another bicycle or

12  vehicle proceeding in the same direction.

13         2.  When preparing for a left turn at an intersection

14  or into a private road or driveway.

15         3.  When reasonably necessary to avoid any condition,

16  including, but not limited to, a fixed or moving object,

17  parked or moving vehicle, bicycle, pedestrian, animal, surface

18  hazard, or substandard-width lane, that makes it unsafe to

19  continue along the right-hand curb or edge.  For the purposes

20  of this subsection, a "substandard-width lane" is a lane that

21  is too narrow for a bicycle and another vehicle to travel

22  safely side by side within the lane.

23         (b)  Any person operating a bicycle upon a one-way

24  highway with two or more marked traffic lanes may ride as near

25  the left-hand curb or edge of such roadway as practicable.

26         (6)  Persons riding bicycles upon a roadway may not

27  ride more than two abreast except on paths or parts of

28  roadways set aside for the exclusive use of bicycles.  Persons

29  riding two abreast may not impede traffic when traveling at

30  less than the normal speed of traffic at the time and place

31  

                                  3

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    Florida Senate - 2004                                  SB 2320
    34-1406-04




 1  and under the conditions then existing and shall ride within a

 2  single lane.

 3         (7)  Any person operating a bicycle or motorized

 4  scooter shall keep at least one hand upon the handlebars.

 5         (8)  Every bicycle or motorized scooter in use between

 6  sunset and sunrise shall be equipped with a lamp on the front

 7  exhibiting a white light visible from a distance of at least

 8  500 feet to the front and a lamp and reflector on the rear

 9  each exhibiting a red light visible from a distance of 600

10  feet to the rear. A bicycle or motorized scooter its rider may

11  be equipped with lights or reflectors in addition to those

12  required by this section.

13         (9)  No parent of any minor child and no guardian of

14  any minor ward may authorize or knowingly permit any such

15  minor child or ward to violate any of the provisions of this

16  section.

17         (10)  A person propelling a vehicle by human power upon

18  and along a sidewalk, or across a roadway upon and along a

19  crosswalk, has all the rights and duties applicable to a

20  pedestrian under the same circumstances.

21         (11)(a)  A person propelling a bicycle upon and along a

22  sidewalk, or across a roadway upon and along a crosswalk,

23  shall yield the right-of-way to any pedestrian and shall give

24  an audible signal before overtaking and passing such

25  pedestrian.

26         (b)  A motorized scooter may not be operated upon or

27  along a sidewalk.

28         (12)  A No person upon roller skates, or riding in or

29  by means of any motorized scooter, coaster, toy vehicle, or

30  similar device, may not go upon any roadway except while

31  crossing a street on a crosswalk; and, when so crossing, such

                                  4

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    Florida Senate - 2004                                  SB 2320
    34-1406-04




 1  person shall be granted all rights and shall be subject to all

 2  of the duties applicable to pedestrians.

 3         (13)  This section does shall not apply upon any street

 4  while set aside as a play street authorized herein or as

 5  designated by state, county, or municipal authority.

 6         (14)  Every bicycle or motorized scooter shall be

 7  equipped with a brake or brakes which will enable its rider to

 8  stop the bicycle within 25 feet from a speed of 10 miles per

 9  hour on dry, level, clean pavement.

10         (15)  A person engaged in the business of selling

11  bicycles at retail shall not sell any bicycle unless the

12  bicycle has an identifying number permanently stamped or cast

13  on its frame.

14         (16)(a)  A person may not knowingly rent or lease any

15  bicycle or motorized scooter to be ridden by a child who is

16  under the age of 16 years unless:

17         1.  The child possesses a bicycle helmet; or

18         2.  The lessor provides a bicycle helmet for the child

19  to wear.

20         (b)  A violation of this subsection is a nonmoving

21  violation, punishable as provided in s. 318.18.

22         (17)  The court may waive, reduce, or suspend payment

23  of any fine imposed under subsection (3) or subsection (16)

24  and may impose any other conditions on the waiver, reduction,

25  or suspension. If the court finds that a person does not have

26  sufficient funds to pay the fine, the court may require the

27  performance of a specified number of hours of community

28  service or attendance at a safety seminar.

29         (18)  Notwithstanding s. 318.21, all proceeds collected

30  pursuant to s. 318.18 for violations under paragraphs (3)(e)

31  

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    Florida Senate - 2004                                  SB 2320
    34-1406-04




 1  and (16)(b) shall be deposited into the State Transportation

 2  Trust Fund.

 3         (19)  The failure of a person to wear a required

 4  bicycle helmet or the failure of a parent or guardian to

 5  prevent a child from riding a bicycle or motorized scooter

 6  without a required bicycle helmet may not be considered

 7  evidence of negligence or contributory negligence.

 8         (20)  Except as otherwise provided in this section, a

 9  violation of this section is a noncriminal traffic infraction,

10  punishable as a pedestrian violation as provided in chapter

11  318. A law enforcement officer may issue traffic citations for

12  a violation of subsection (3) or subsection (16) only if the

13  violation occurs on a bicycle path or road, as defined in s.

14  334.03. However, they may not issue citations to persons on

15  private property, except any part thereof which is open to the

16  use of the public for purposes of vehicular traffic.

17         (21)  A county or municipality may adopt an ordinance

18  that authorizes persons to operate a motorized scooter on a

19  roadway or sidewalk, notwithstanding any prohibitions in this

20  section.

21         Section 2.  This act shall take effect July 1, 2004.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Provides that certain bicycle safety regulations also
      apply to motorized scooters.
26  

27  

28  

29  

30  

31  

                                  6

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