Miami-Dade Legislative Item
File Number: 053353
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File Number: 053353 File Type: Resolution Status: Adopted
Version: 0 Reference: R-177-06 Control: County Commission
File Name: URGE FL LEG TO AMEND 316.211 & REQUIRE MOTORCYCLE HEADGEAR Introduced: 12/22/2005
Requester: NONE Cost: Final Action: 2/7/2006
Agenda Date: 2/7/2006 Agenda Item Number: 11A2
Notes: Title: RESOLUTION ENCOURAGING THE FLORIDA LEGISLATURE TO AMEND FLORIDA STATUTE 316.211 TO REQUIRE THE USE OF PROTECTIVE HEADGEAR FOR ALL OPERATORS AND RIDERS OF MOTORCYCLES
Indexes: HEADGEAR
  LEGISLATURE
  MOTORCYCLE
Sponsors: Barbara J. Jordan, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
  Katy Sorenson, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 2/7/2006 11A2 Adopted P
REPORT: Commissioner Edmonson asked that she be listed as a co-sponsor. Discussion ensued among the members of the Board regarding the foregoing proposed resolution, and various Commissioners gave directions to staff. Commissioner Edmonson requested a report from Jackson Health System (JHS) and the Public Health Trust regarding the financial impact on JHS of treating underinsured and uninsured motorcycle head trauma cases since the repeal of the statute requiring mandatory helmet use. Commissioner Barreiro asked that the foregoing report Commissioner Edmonson requested from JHS include statistics regarding the number of additional motorcycles on the roads in recent years and compare the increased number of motorcycles to the number of injuries reported. Commissioner Rolle requested County Attorney Greenberg prepare a proposed resolution urging the Florida legislature to require the mandatory use of a helmet for people who ride scooters. Commissioner Sorenson requested County Attorney Greenberg include all terrain vehicles in the foregoing requested resolution. Commissioner Jordan stated the National Highway Traffic Safety Administration reported recently that in the three years following the repeal of the mandatory helmet law, 933 bikers were killed, and in the 30 months after the law changed, the cost of hospital care related to motorcycle injuries increased from $21 million to $44 million. She asked the Board to adopt the foregoing proposed resolution.

Intergov., Recreation & Cultural Affairs Cmte. 1/18/2006 2B Forwarded to the BCC by the BCC Chairperson with a favorable recommendation P
REPORT: At the request of Commissioner Jordan, Chairwoman Heyman asked staff to prepare the appropriate memorandum requesting that the County Commission’s Chairman Joe A. Martinez waive the Committee’s rules and allow the foregoing resolution to be heard at the January 24, 2006 BCC meeting.

County Attorney 12/15/2005 Assigned Intergov., Recreation & Cultural Affairs Cmte. 1/18/2006

Intergov., Recreation & Cultural Affairs Cmte. 12/14/2005 2L Deferred to next committee meeting P
REPORT: Chairwoman Heyman stated Commissioner Jordan requested deferral of the foregoing proposed resolution to the next committee meeting. The Committee deferred the foregoing proposed resolution to the next scheduled meeting on January 18, 2006 as requested by Commissioner Jordan.

County Attorney 11/30/2005 Assigned Intergov., Recreation & Cultural Affairs Cmte. 12/14/2005

County Attorney 11/30/2005 Assigned Bruce Libhaber 12/6/2005

Legislative Text


TITLE
RESOLUTION ENCOURAGING THE FLORIDA LEGISLATURE TO AMEND FLORIDA STATUTE 316.211 TO REQUIRE THE USE OF PROTECTIVE HEADGEAR FOR ALL OPERATORS AND RIDERS OF MOTORCYCLES

BODY
WHEREAS, the use of protective headgear is a critical safety precaution for operators and riders of motorcycles; and
WHEREAS, Florida Statute 316.211 exempts the requirement of the use of protective headgear for those motorcycle operators and riders over 21 years of age, if covered by an insurance policy providing at least $10,000 in medical benefits for injuries resulting from a crash; and
WHEREAS, $10,000 is inadequate to cover the costs of serious injuries that may occur as a result of individuals operating or riding a motorcycle without protective headgear; and
WHEREAS, hospitals throughout Miami-Dade County suffer from having to absorb the costs of medical care for those uninsured or underinsured motorcycle riders; and
WHEREAS, requiring the use of protective headgear could result in the prevention of numerous avoidable deaths and injuries,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. This Board encourages the Florida Legislature to amend Florida Statute 316.211 to require the use of protective headgear for all operators and riders of motorcycles.
Section 2. The Clerk of the Board is directed to transmit a certified copy of this resolution to the Chair and members of the Miami-Dade County State Legislative Delegation.
Section 3. This Board directs the County’s state lobbyists to advocate for the passage of the legislation set forth in section 1 above, and directs the Office of Intergovernmental Affairs to include this item in the state legislative package.



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