LAWRENCE HAMM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Right To Refuse Medical Treatment cases and more on FLexlaw
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. Eitel, 227 So. 2d 489 (Fla.1969), finding that the statute had a rational, valid purpose, and could withstand attacks of both vagueness and unconstitutional delegation. Appellant contends that our recent decision in Satz v. Perlmutter, 379 So. 2d 359 (Fla.1980), indicates a departure from the Eitel decision. The Perlmutter decision, which allowed a competent adult patient to discontinue extraordinary medical treatment, was specifically limited to the facts of that case and clearly has no application to the legitimate exercise of state police power in the instant case. We reaffirm our decision in Eitel and uphold the appellant’s conviction.
It is so ordered.
SUNDBERG, C. J., and ADKINS, BOYD, ENGLAND, ALDERMAN and MCDONALD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Picou v. Gillum, 874 F.2d 1519 (11th Cir. 1989)…onal,1 each of these cases has been reversed or overruled. Courts in subsequent cases have uniformly upheld the provisions.2 Indeed, various constitutional challenges to Florida’s statute have been rejected both by Florida courts, see Hamm v. State, 387 So. 2d 946 (Fla.1980); Cesin v. State, 288 So. 2d 473 (Fla.1974); State v. Eitel, 227 So. 2d 489 (1969), and by a three-judge federal district court, see Bogue v. Faircloth, 316 F.Supp. 486 (S.D.Fla.1970). A. Appellant first relies on Supreme Court cases rec…
Authorities Cited
- Satz v. Abe Perlmutter, 379 So. 2d 359 (Fla. 1980)
- State v. Eitel, 227 So. 2d 489 (Fla. 1969)