The law is section 316.211 of the Florida Statutes. Its general rule is that a person may not operate or ride upon a motorcycle without properly wearing a helmet that meets Federal Motorcycle Vehicle Safety Standard 218, issued by the U.S. Department of Transportation.
The exception is in the same section. A person over 21 may operate or ride upon a motorcycle without a helmet if that person is covered by an insurance policy providing at least $10,000 in medical benefits for injuries from a motorcycle crash. The exception covers both the operator and a person riding on the motorcycle. Riders who do not meet both conditions must wear a helmet, unless an exemption below applies.
Eye protection is a separate rule, and the over-21 insurance exception does not cover it: a person may not operate a motorcycle without wearing an eye-protective device of a type approved by the state. The eye rule is written for the person operating the motorcycle.
Mopeds have their own rule. A person under 16 may not operate or ride upon a moped without a helmet that meets the same federal standard.
Neither the helmet rule nor the eye rule applies to riders in an enclosed cab, or to riders 16 or older on a small motorcycle with a motor of 50 cubic centimeters or less, or rated at 2 brake horsepower or less, that cannot go faster than 30 miles per hour on level ground.
A violation is a noncriminal traffic infraction, handled as a nonmoving violation. For a question about whether your policy meets the $10,000 rule, ask your insurance agent.
01What Florida driving laws should I know?
Move over: on a road with two or more lanes going your way, when you come up on a stopped emergency vehicle, sanitation truck, utility service vehicle or wrecker, or a disabled vehicle showing hazard lights, flares or signs or with people standing by it, you must leave the lane next to it.
Read the answer →02What is the seat belt law in Florida?
Florida law requires every driver, every front-seat passenger and every passenger under 18 to wear a seat belt or, for a young child, use a child seat.
Read the answer →03What car insurance does Florida require?
Every vehicle with four or more wheels registered in Florida must carry at least $10,000 of Personal Injury Protection and $10,000 of Property Damage Liability, and you must show proof of both before the state will register it.
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