Actually, Florida does have a helmet law. Most people don't know about it, or they think that when the old mandatory law was repealed in 2K, that all requirements are gone. Basically, the new law works like this: If you are riding or are a passenger on a motorcycle in Florida, and are under 21, you have to wear a helmet. If you are over 21, you are not required to wear a helmet, as long as you have atleast 10K of personal injury protection under your motorcycle insurance. This is not enforced often because it is under what some people call "seconday" enforcement, meaning that they can't pull you over to verify your age if they see you riding without a helmet, but if they pull you over for something else, they can hit you for non-compliance. Read on -
Here is more info:
This is the abstract from DOTreport number DOT HS 809 849 (2005), tittled: Evaluation of the Repeal of the All-Rider Motorcycle Helmet Law in Florida. "Effective July 1, 2000, Florida eliminated the legal requirement that all motorcycle riders wear helmets. State law now requires helmet use only by riders under the age of 21, or older riders who do not carry at least $10,000 of medical insurance. Observational surveys and crash reports indicated that helmet use dropped substantially following the law change. Motorcyclist fatalities increased by 81 percent comparing 2001-2003 to 1997-1999, compared to +48 percent nationally. Non-fatal serious injuries began increasing in the first six months of 2000, increased by 32 percent in the first year following law repeal. There was a 40 percent increase in the number of injured motorcyclists who were admitted to hospitals. Admissions for head injuries increased by 82 percent. The average head injury treatment cost increased by almost $10,000, to $45,602. In 1998 and 1999, the acute care hospital charges for head-brain-skull principal injury cases per 10,000 registered motorcycles were $311,549 and $428,347 respectively. The comparable figures for 2001 and 2002 were $605,854 and $610,386, adjusted for inflation. Time series analysis showed a statistically significant increase in fatalities while controlling for changes in motorcycle registrations. Similar analyses also showed significant increases for Kentucky, Louisiana and Texas. Florida crash reports also indicated that helmet use declined markedly among riders under age 21, who were still covered by the law. Fatalities in this age group nearly tripled in the three years after the law change. Comparing the 30 months before and after the law change, there was an increase of 55 percent in the average annual number of motorcyclists killed (181 to 280, respectively). Registrations increased an average 33.7 percent in this time period. Some of the increases in fatalities and other injuries in Florida were probably due to this increased ridership. The expected number of motorcycle fatalities as a result of the increase in registrations was 242. The actual number who died in 2002 was 301, 56 (+24 percent) more motorcycle fatalities than expected as a result of increased registrations alone. Nationally in 2001 and 2002, motorcycle miles of travel declined compared to earlier years. Given the large registration increase in Florida, it is unlikely that this national pattern held in the State."
Also, here is a FAQ section from a website regarding infor about the "new" law info was last updated in 2001 because the law hasn't been changed since then:
When will the new law take effect?
The new law went into effect July 1, 2000
What is the exact wording of the helmet modification language?
(b) Notwithstanding subsection (1), a person over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear securely fastened upon his or her head if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.
Does this repeal Florida's helmet law?
No, Florida still has a helmet law. What it does is allow a person over 21 to ride a motorcycle without a safety helmet if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.
Over 21, so this means I'm 21 and I still need to wear a helmet?
No. On your 21st birthday you are considered over 21.
What is meant by medical benefits?
This would be an insurance policy that would pay for YOUR injuries in a motorcycle crash. This could be motorcycle insurance medical benefits, health insurance benefits, medicare, veterans benefits coverage or any other medical benefits that will cover you for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.
Every insurance company I call tells me they don't offer this type of insurance coverage for motorcyclists, what do I do now?
Keep dialing. There are a handful of insurance carriers that DO offer motorcycle Medical Benefits Coverage. So far we know that Progressive, US Insurance Services/Jack West out of Jacksonville and Cover-all Insurance in Palm Bay all offer this coverage.
How much does this insurance cost?
In March 1999, Progressive Insurance Company estimated the premium for such coverage to vary from a low annual premium (a 25 year old married male operating a moderately priced motorcycle) to a higher premium (a 25 year old unmarried male operating a higher priced motorcycle). In Tallahassee, the annual premium ranges from $163 to $368 for medical benefits coverage for the operator. In Orlando, the annual premium ranges from $214 to $549, and in Miami, the annual premium ranges from $286 to $648 for medical benefits coverage. (Taken from the Florida House Insurance Committee staff analysis of HB0117)
Can my health Insurance policy from work meet the requirement of the new Law?
Yes, health insurance will meet the requirements as long as it will pay for at least the first $10,000 of your medical bills should you be injured while operating or riding on a motorcycle. However, some health insurance policies specifically exclude coverage for activities involving motorcycles, ATV’s, jet skis and other similar activities. Check you insurance policy carefully.
I am coming to Florida for vacation. How does the law apply to out of state residents?
The Florida law applies to you the same as it does to all Florida's residents. You need to be over 21 and have the required insurance coverage to ride without a helmet.
I have $10,000 in medical benefits with my auto Insurance. Will this allow me to ride without a helmet.
No. All automobile policies exclude motorcycles. You will need to obtain a policy that specifically covers a motorcycle crash.
Does my passenger need insurance to ride without a helmet?
Yes, the law specifically includes, “operating or riding upon a motorcycle.â€
Can my motorcycle insurance policy cover a passenger riding on my motorcycle?
This one is still up in the air. At first, I was told that the passenger must carry there own insurance to ride without helmet. Over the last few days I have received information that seems to say an owner/operator of a motorcycle, who has an insurance policy that specifically is intended to insure the passenger for personal injuries on the motorcycle, would meet the requirement of the new law.
How will this law be enforced?
In practice, the new helmet law should be considered a secondary enforcement issue such as those during an approved checkpoint, other citable offenses or motor vehicle crashes. A trooper or other law enforcement officer may stop a motorcycle operator or passenger riding without a helmet based on reasonable suspicion the operator or rider is under 21. A law enforcement officer should not stop someone riding a motorcycle without a helmet only to check his or her age.
What proof of insurance is required?
Law enforcement should accept a health insurance card from a HMO or Blue Cross/Blue Shield or some other recognized health provider, motorcycle insurance card, medicare card, VA card or military ID as proof of coverage. If you do not have a card, you can carry the actual policy or declarations page as proof. The card or policy must show current insurance. In addition, limited motorcycle medical coverage will also suffice. Contact your insurance carrier for more information.
PIP coverage under a personal passenger vehicle policy would be insufficient for either the operator or passenger on the motorcycle.
Who will determine if my insurance meets the standards in the new law?
It will be up to the individual officer at the scene to determine whether the operator or rider provide adequate proof of coverage.
Ok, so my passenger looked over 21 and said they had the insurance. If we get stopped, who will get the ticket?
If the passenger does not have the proper insurance or is underage, the passenger should receive the citation, not the operator.
