Miami-Dade Legislative Item
File Number: 063614
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File Number: 063614 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1469-06 Control: Board of County Commissioners
File Name: REINSTATE THE MOTORCYCLE HELMET LAW Introduced: 12/14/2006
Requester: NONE Cost: Final Action: 12/19/2006
Agenda Date: 12/19/2006 Agenda Item Number: 14A29
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO REINSTATE THE MOTORCYCLE HELMET LAW OR ALTERNATIVELY TO PASS LEGISLATION INCREASING THE PERSONAL INJURY INSURANCE REQUIREMENTS FOR THOSE RIDERS WHO CHOOSE NOT TO WEAR HELMETS [SEE ORIGINAL ITEM UNDER FILE NO. 063453]
Indexes: HELMENT REQUIREMENT
Sponsors: Barbara J. Jordan, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Carlos A. Gimenez, 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 12/19/2006 14A29 Adopted P

County Manager 12/18/2006 Additions 12/19/2006

County Attorney 12/14/2006 Assigned Jess M. McCarty

Intergov., Recreation & Cultural Affairs Cmte. 12/13/2006 2S Amended Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: The foregoing resolution was forwarded with a favorable recommendation, with Committee amendment(s) to insert the following language: “or alternatively to pass legislation increasing the personal injury insurance requirements for those riders who choose not to wear helmets.” Assistant County Attorney Maldonado read the foregoing resolution into the record. Commissioners Gimenez and Edmonson requested to be listed as co-sponsors of the foregoing resolution. Commissioner Jordan asked if this resolution could be amended to include “or increase PIP rates if motorcyclists choose not to wear their helmets.” There being no further discussion or comments, the Committee proceeded to vote.

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO REINSTATE THE MOTORCYCLE HELMET LAW OR ALTERNATIVELY TO PASS LEGISLATION INCREASING THE PERSONAL INJURY INSURANCE REQUIREMENTS FOR THOSE RIDERS WHO CHOOSE NOT TO WEAR HELMETS

BODY
WHEREAS, prior to October 1, 2000, Florida law required any person who operated or road on a motorcycle to wear a protective helmet that met federal standards; and
WHEREAS, during the 2000 state legislative session, the Florida Legislature passed a bill that repealed the motorcycle helmet law and allowed any person over the age of 21 to operate or ride on a motorcycle without a helmet provided such person had an insurance policy of $10,000 or more for medical benefits; and
WHEREAS, a National Highway Traffic Safety Administration study found that in the first three years after Florida repealed its motorcycle helmet law, motorcycle deaths increased by more than 81 percent compared to the three years before the law was repealed; and,
WHEREAS, the report also found that motorcycle injuries became more expensive to treat, with the average hospital cost to treat a hear injury $45,602, more than four times the $10,000 in insurance that riders without helmets are required to carry; and,
WHEREAS, even though helmets still are required for motorcycle riders under the age of 21, evidence suggests that helmet use among youth has declined substantially; and
WHEREAS, of the 101 riders younger than 21 who were killed in the first three years after the repeal, 45 percent were not wearing a helmet even though they still were required to wear one; and
WHEREAS, the Florida Legislature now should reinstate the motorcycle helmet law,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to enact legislation that reinstates the motorcycle helmet law repealed in 2000; or alternatively to pass legislation increasing the personal injury insurance requirements for those riders who choose not to wear helmets.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, and the Chair and members of the Miami-Dade County State Legislative Delegation.
Section 3. 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 issue in the 2007 state legislative package.



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