Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 236
       
       
       
       
       
       
                                Ì544944>Î544944                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  03/16/2023           .                                
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       The Committee on Fiscal Policy (Osgood) recommended the
       following:
       
    1         Senate Amendment to Substitute Amendment (344956) (with
    2  directory and title amendments)
    3  
    4         Between lines 678 and 679
    5  insert:
    6         (7) MOTORCYCLES.—In an action involving a motorcycle and
    7  alleging injuries received by a claimant, and where the claimant
    8  was at the time of the injury in compliance with s. 316.211,
    9  whether the claimant was or was not wearing protective headgear
   10  is not admissible as evidence and shall not be considered in the
   11  apportionment of fault or causation, and the trier of fact shall
   12  not consider whether the claimant was or was not wearing
   13  protective headgear. The trial judge shall appropriately
   14  instruct the jury that the lack of protective headgear may not
   15  be considered in the apportionment of fault or causation.
   16  
   17  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   18  And the directory clause is amended as follows:
   19         Delete line 664
   20  and insert:
   21  Statutes, is amended, and subsections (6) and (7) are added to
   22  that
   23  
   24  ================= T I T L E  A M E N D M E N T ================
   25  And the title is amended as follows:
   26         Delete line 955
   27  and insert:
   28         applicability; specifying restrictions on the
   29         admissibility and consideration of evidence relating
   30         to protective headgear in an action involving a
   31         motorcycle and alleging injuries received by a
   32         claimant; requiring a trial judge to provide certain
   33         instructions to the jury; repealing ss. 626.9373 and
   34         627.428,