SENATE AMENDMENT
Bill No. CS for CS for SB 1526, 1st Eng.
Amendment No. ___ Barcode 952960
CHAMBER ACTION
Senate House
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03/31/2004 10:22 AM .
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11 Senator Alexander moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 81, between lines 13 and 14,
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16 insert:
17 Section 62. Section 316.211, Florida Statutes, is
18 amended to read:
19 316.211 Equipment for motorcycle and moped riders.--
20 (1) A person may not operate or ride upon a motorcycle
21 unless the person is properly wearing protective headgear
22 securely fastened upon his or her head which complies with
23 Federal Motorcycle Vehicle Safety Standard 218 promulgated by
24 the United States Department of Transportation. The Department
25 of Highway Safety and Motor Vehicles shall adopt this standard
26 by agency rule.
27 (2) A person may not operate a motorcycle unless the
28 person is wearing an eye-protective device over his or her
29 eyes of a type approved by the department.
30 (3)(a) This section does not apply to persons riding
31 within an enclosed cab or to any person 16 years of age or
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4:45 PM 03/30/04 s1526c2c-17t17
SENATE AMENDMENT
Bill No. CS for CS for SB 1526, 1st Eng.
Amendment No. ___ Barcode 952960
1 older who is operating or riding upon a motorcycle powered by
2 a motor with a displacement of 50 cubic centimeters or less or
3 is rated not in excess of 2 brake horsepower and which is not
4 capable of propelling such motorcycle at a speed greater than
5 30 miles per hour on level ground.
6 (b) Notwithstanding subsection (1), a person over 21
7 years of age may operate or ride upon a motorcycle without
8 wearing protective headgear securely fastened upon his or her
9 head if such person is covered by an insurance policy
10 providing for at least $10,000 in medical benefits for
11 injuries incurred as a result of a crash while operating or
12 riding on a motorcycle. Furthermore, such person's failure to
13 wear protective headgear constitutes an act making an
14 anatomical gift under part V of chapter 765, if that person
15 dies from injuries incurred as a result of a crash while
16 operating or riding on a motorcycle without wearing protective
17 headgear.
18 (4) A person under 16 years of age may not operate or
19 ride upon a moped unless the person is properly wearing
20 protective headgear securely fastened upon his or her head
21 which complies with Federal Motorcycle Vehicle Safety Standard
22 218 promulgated by the United States Department of
23 Transportation.
24 (5) The department shall make available a list of
25 protective headgear approved in this section, and the list
26 shall be provided on request.
27 (6) A violation of this section is a noncriminal
28 traffic infraction, punishable as a nonmoving violation as
29 provided in chapter 318.
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31 (Redesignate subsequent sections.)
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4:45 PM 03/30/04 s1526c2c-17t17
SENATE AMENDMENT
Bill No. CS for CS for SB 1526, 1st Eng.
Amendment No. ___ Barcode 952960
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 7, line 15, after the semicolon,
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5 and insert:
6 amending s. 316.211, F.S.; providing that a
7 person who operates or rides on a motorcycle
8 without wearing protective headgear consents to
9 making an anatomical gift under certain
10 circumstances;
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