Bill Text: FL S0266 | 2017 | Regular Session | Introduced

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Bill Title: Skateboard and Scooter Regulations

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2017-05-05 - Died in Transportation [S0266 Detail]

Download: Florida-2017-S0266-Introduced.html

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       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.