SENATE AMENDMENT

    Bill No. SB 126

    Amendment No. 1

                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Banking and Insurance recommended the

12  following amendment:

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14         Senate Amendment (with title amendment) 

15         Delete everything after the enacting clause

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17  and insert:

18         Section 1.  Section 316.211, Florida Statutes, is

19  amended to read:

20         316.211  Equipment for motorcycle and moped riders.--

21         (1)  A person may not operate or ride upon a motorcycle

22  unless the person is properly wearing protective headgear

23  securely fastened upon his or her head which complies with

24  Federal Motorcycle Vehicle Safety Standard 218 promulgated by

25  the United States Department of Transportation. The Department

26  of Highway Safety and Motor Vehicles shall adopt this standard

27  by agency rule.

28         (2)  A person may not operate a motorcycle unless the

29  person is wearing an eye-protective device over his or her

30  eyes of a type approved by the department.

31         (3)  (a)  This section does not apply to persons riding

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                                                  SENATE AMENDMENT

    Bill No. SB 126

    Amendment No. 1





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

 2  older who is operating or riding upon a motorcycle powered by

 3  a motor with a displacement of 50 cubic centimeters or less or

 4  is rated not in excess of 2 brake horsepower and which is not

 5  capable of propelling such motorcycle at a speed greater than

 6  30 miles per hour on level ground.

 7         (b)  Notwithstanding subsection (1), a person over 21

 8  years of age may operate or ride upon a motorcycle without

 9  wearing protective headgear securely fastened upon his or her

10  head if such person is covered by an insurance policy

11  providing for at least $100,000 in medical payments coverage

12  for injuries incurred as a result of a crash while operating

13  or riding on a motorcycle.

14         (4)  A person under 16 years of age may not operate or

15  ride upon a moped unless the person is properly wearing

16  protective headgear securely fastened upon his or her head

17  which complies with Federal Motorcycle Vehicle Safety Standard

18  218 promulgated by the United States Department of

19  Transportation.

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

21  protective headgear approved in this section, and the list

22  shall be provided on request.

23         (6)  (a)  A violation of this section is a noncriminal

24  traffic infraction, punishable as a nonmoving violation as

25  provided in chapter 318.

26         (b)  A person who violates subsection (1) and who does

27  not have the insurance coverage prescribed by subsection (3)

28  is subject to the same penalties as exist for operating a

29  motor vehicle without required security as provided in s.

30  627.730 through s. 627.7405.

31         Section 2.  This act shall take effect July 1, 2000.

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                                                  SENATE AMENDMENT

    Bill No. SB 126

    Amendment No. 1





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         Delete everything before the enacting clause

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 5  and insert:

 6                  A bill to be entitled

 7         An act relating to motorcycle riders; amending

 8         s. 316.211, F.S.; exempting persons of a

 9         specified age from certain safety equipment

10         requirements; revising penalties; providing an

11         effective date.

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