HOUSE AMENDMENT

    dhs-21                Bill No. CS for CS for SB 1270, 2nd Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) K. Smith offered the following:

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13         Amendment 

14         On page 11, line 17, through page 12, line 25,

15  remove from the bill:  all of said lines

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17  and insert in lieu thereof:

18         Section 6.  Section 316.211, Florida Statutes, is

19  amended to read:

20         316.211  Equipment for motorcycle and moped riders.--

21         (1)  A No person may not shall operate or ride upon a

22  motorcycle unless the person is properly wearing protective

23  headgear securely fastened upon his or her head which complies

24  with Federal Motorcycle Vehicle Safety Standard 218

25  promulgated by the United States Department of Transportation.

26  The Department of Highway Safety and Motor Vehicles shall

27  adopt this standard by agency rule standards established by

28  the department.

29         (2)  A No person may not shall operate a motorcycle

30  unless the person is wearing an eye-protective device over his

31  or her eyes of a type approved by the department.

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    File original & 9 copies    04/26/99
    hbd0002                     05:12 pm         01270-0021-422131




                                                   HOUSE AMENDMENT

    dhs-21                Bill No. CS for CS for SB 1270, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         (3)  This section does shall not apply to persons

 2  riding within an enclosed cab or to any person 16 years of age

 3  or older who is operating or riding upon a motorcycle powered

 4  by a motor with a displacement of 50 cubic centimeters or less

 5  or is rated not in excess of 2 brake horsepower and which is

 6  not capable of propelling such motorcycle at a speed greater

 7  than 30 miles per hour on level ground.

 8         (4)  A No person under 16 years of age may not shall

 9  operate or ride upon a moped unless the person is properly

10  wearing protective headgear securely fastened upon his or her

11  head which complies with Federal Motorcycle Vehicle Safety

12  Standard 218 promulgated by the United States Department of

13  Transportation standards established by the department.

14         (5)  The department shall make available a list of

15  protective headgear approved in this section, and the list

16  shall be provided on request. The department is authorized to

17  approve protective headgear made to specifications drawn and

18  devised by, or approved by, the American National Standards

19  Institute, the United States Department of Transportation, the

20  United States Consumer Products Safety Commission, the United

21  States Department of Defense, or any other entity which can

22  provide equally effective equipment specifications.  The

23  department shall publish lists of protective equipment, and

24  such lists shall be made available by request to all users of

25  such equipment.

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    File original & 9 copies    04/26/99
    hbd0002                     05:12 pm         01270-0021-422131