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. 30 31 (Redesignate subsequent sections.) 2 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, 4 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; 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 4:45 PM 03/30/04 s1526c2c-17t17