CopyCited 10 times | Published | Florida 4th District Court of Appeal
...A jury should not find the existence or nonexistence of a legal duty to use a belt based upon such traditionally legislative materials. Florida's Legislature has had two decades in which to enact a statute similar to that enacted in 1971 requiring motorcycle riders to wear helmets. See Section 316.211, Florida Statutes (1981)....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2003 WL 22400193
...violations is without merit. Bell articulated that he stopped Stone because he believed Stone to be violating Florida traffic law by not wearing a helmet or eye protection or carrying the required insurance while riding his scooter. Florida Statutes section 316.211 does provide that an individual may not ride a motorcycle without an approved helmet and eye protection, but also provides an exception to this general rule in subsection (3)(a): This section does not apply to persons riding within an...
...n requirements. Furthermore, the insurance requirement does not apply to Stone, because it applies only in cases of riders of 51cc or greater vehicles, over the age of 21, who elect to purchase insurance rather than wear a helmet. See § Fla. Stat., 316.211(3)(b)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 2738
...Therefore we reverse the jury's award of damages. In their next point, appellants challenge the trial court's order granting Vosburgh's motion for directed verdict on the issue of comparative negligence. Appellants asserted the defense of comparative negligence based on an alleged violation of Section 316.211(1), Florida Statutes (1983), which requires a person riding a motorcycle to wear protective headgear securely fastened....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 4191
passengers to wear protective helmets. Fla.Stat. § 316.-211 (1985). In addition to equal protection and due
CopyCited 3 times | Published | Supreme Court of Florida
...Bailey of Bailey & Jordan, West Palm Beach, for appellant. Jim Smith, Atty. Gen., and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, Florida, for appellee. OVERTON, Justice. This is an appeal from a decision of the County Court of Palm Beach County, which upheld the constitutionality of section 316.211, Florida Statutes. The statute requires that the operator of a motorcycle wear protective headgear. We expressly upheld the constitutionality of section 316.211 in State v....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1989 WL 54726
...Picou brought this suit against appellee Jim Gillum, Sheriff of Pasco County, Florida, and appellee James T. Russell, Florida State Attorney for Pas-co County, seeking a declaratory judgment that Florida’s mandatory motorcycle hel *1520 met law, Fla.Stat. § 316.211, is unconstitutional....
...United States,
389 U.S. 347, 350-51 ,
88 S.Ct. 507, 510-11 ,
19 L.Ed.2d 576 (1967) (citations omitted). Whatever merit may exist in appellant’s further contention that paternalistic legislation is necessarily invalid, this argument is inapplicable to Fla.Stat. §
316.211....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 16912, 2015 WL 7008164
...3d DCA 1996) (holding that a police officer’s information about a suspended license from about eleven days prior to the arrest was not stale). 1 Next, the State asserts that the officer’s attempted stop was justified because W.B. was not wearing protective eyewear, as required by section 316.211(2) of the Florida Statutes. This statute requires motorcycle operators to weai an eye-protective device approved by Florida’s Department of Highway Safety ánd Motor Vehicles. Section 316.211(3)(a) exempts from the requirement of protective eyewear those op•erators who are at least sixteen and who are operating motorcycles either powered by motors smaller than fifty cubic cehtime-ters or ratéd not in excess of two brake horsepower. § 316.211(3)(a) (2014)....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 14507
...cable to the driver of any other vehicle under chapter 316. Section
316.2085 provides regulations related to the operation of motorcycles or mopeds. Section
316.2095 concerns motorcycles, requiring footrests for passengers, and regulates handlebars. Section
316.211 lists equipment required for motorcycle and moped riders....
...or operators of four-wheeled vehicles to maintain $10,000 in security (again typically insurance) for damage to property of others. 8 There is no requirement for bodily injury coverage for most owners or operators of any motor vehicle in Florida. 9 Section 316.211(3)(b) imposes an insurance requirement for medical benefits on a motorcycle operator if the operator is at least 21 years old and wants to ride without a helmet....
CopyPublished | Florida 3rd District Court of Appeal
...3d DCA 1996) (holding that a police
officer’s information about a suspended license from about eleven days prior to the
arrest was not stale).1
Next, the State asserts that the officer’s attempted stop was justified because
W.B. was not wearing protective eyewear, as required by section 316.211(2) of the
Florida Statutes. This statute requires motorcycle operators to wear an eye-
protective device approved by Florida’s Department of Highway Safety and Motor
Vehicles. Section 316.211(3)(a) exempts from the requirement of protective
1The State concedes that, at the time of the stop, the officer was unaware that
W.B.’s driver’s license was suspended.
4
eyewear those operators who are at least sixteen and who are operating
motorcycles either powered by motors smaller than fifty cubic centimeters or rated
not in excess of two brake horsepower. § 316.211(3)(a) (2014)....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 7555, 1998 WL 336331
PER CURIAM. The State has challenged the dismissal of three cases in which motorcyclists were issúed citations for operating motorcycles while wearing improper helmets. The trial court dismissed each ease because it found section 316.211, Florida Statutes (1993), to be unconstitutionally vague. We affirm the trial court’s decision to dismiss these cases,-but unlike the trial court, we find section 316.211 constitutional....
...tment of Highway Safety and Motor Vehicles failed to comply with the statute’s command that “[t]he department shall publish lists of protective equipment, and such lists shall'be made available by réquest to all users of. such equipment.” See § 316.211(5), Fla....
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
persons operating a motorcycle or moped, or section
316.211, Florida Statutes, which prescribes the equipment
CopyPublished | Florida 4th District Court of Appeal
...20, 2020) (emphases added).
5 Even if we accepted Appellants’ argument that the order to wear facial coverings
was directed to safeguarding the mask wearer, that would make the emergency
order similar to Florida’s now discarded mandatory motorcycle helmet law,
section 316.211, Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal
...The central issue raised by this appeal is whether a defendant in a negligence action arising out of a motorcycle accident is entitled to introduce evidence and argue to the jury as a comparative negligence defense that the plaintiff was not wearing protective headgear at the time the accident occurred in violation of Section 316.211(1), Florida Statutes (1977), where the defendant establishes that: (1) the plaintiff was of *1233 the class the above statute was intended to protect [i.e., a motorcycle rider], and (2) the injury suffered by the plaintiff in the accident was of the type the statute was intended to prevent [i.e., a head injury]....
...azardous condition. At trial, the defendants sought to introduce in evidence and later argue to the jury as a comparative negligence defense that the plaintiffs' decedent was not wearing protective headgear when the accident occurred in violation of Section 316.211(1), Florida Statutes (1977)....
...negligence action to violate a statute "which establishes a duty to take precautions to protect a particular class of persons from a particular injury or type of injury." *1234 deJesus v. Seaboard Coast Line R.R. Co.,
281 So.2d 198, 201 (Fla. 1973). Section
316.211(1), Florida Statutes (1977), which requires motorcycle operators and riders to wear protective headgear, [1] clearly is such an above-stated statute as its sole purpose is "to preserve the life and health of the cyclist" against head injury, State v....
...luding the defendants from introducing evidence and later arguing to the jury that the plaintiffs' decedent was guilty of comparative negligence in this cause by failing to wear protective headgear at the time of the subject accident in violation of Section 316.211(1), Florida Statutes (1977), because no evidence was adduced below, as required by law, that the violation of the above statute was a proximate cause of the head injury sustained by the plaintiffs' decedent....
...We have carefully considered the remaining contentions urged by the defendants upon this appeal and find them to be without merit. The final judgment under review is, accordingly, Affirmed. DANIEL S. PEARSON, Judge, dissenting. The statute sought to be argued by Rex, Section 316.211(1), Florida Statutes (1977), provides: "No person shall operate or ride upon a motorcycle unless he is properly wearing protective headgear securely fastened upon his head which complies with standards established by the department."...
...ndant would be intended to prevent, and accordingly allow a certain liberality to the jury in drawing its conclusion." Id. at 242-43 (footnotes omitted). And see W. Malone, Ruminations On Cause-In-Fact, 9 Stanford L.Rev. 60 (1956). *1236 By enacting Section 316.211(1), our Legislature, in effect, determined that protective headgear "affords effective protection against a significant possibility of grave or fatal injury." State v....
...[3] I would reverse and remand for a new trial. NOTES [1] This statute provides as follows: "No person shall operate or ride upon a motorcycle unless he is properly wearing protective headgear securely fastened upon his head which complies with standards established by the department." § 316.211(1), Fla....
