Florida's new motorcycle laws

[FLSTCI124"]

For those of us living in the Sunshine State or for those of you coming to visit, check out the new laws coming into affect 01 October of this year...

Have to take out a loan or something!



ADVISORY BULLETIN
Florida Association of Court Clerks/Comptrollers

REF: HB 137 (ch. 2008-117, Laws of Florida) DATE: August 20, 2008 NO: 08-058

FILE NO. F02-008-080820-01 TELEPHONE: (850) 921-0808 CONTACT: B. Allman PAGE 1 OF 1


Effective October 1, 2008, HB 137 revises the traffic laws to create a few more penalties. This short bill was particularly focused on unsafe motorcycle activities, but it does include a provision for excessive speed. The new law also provides penalties for the first, second, third or subsequent violations. The Distribution Chart found on the FACC website will be updated to reflect the amounts for the first and second offenses in the Traffic section. The third and subsequent offense is classified as a third degree felony with a $5,000 fine and will appear in the Criminal Traffic section of the chart.

New Violations:
316.2085(2) Motorcycle or moped, wheels losing contact with ground
This is classified as a moving violation.
First Offense: the violator must pay $1,000 plus any other costs assessed for a moving violation. Second Offense: the violator must pay a fine of $2,500, plus any other applicable costs assessed for a moving violation. The person’s driver license must be revoked for a period of one year.
Third Offense: the violator will be charged with a third degree felony, punishable as provided in ss. 775.082, 775.083, and 775.084, a mandatory fine of $5,000, and the driver license must be revoked for a period of ten years.
(new entries for Distribution Chart—see below)

316.2085(3) Motorcycle or moped license tag improperly affixed
This is classified as a moving violation.
First Offense: the violator must pay $1,000 plus any other costs assessed for a moving violation. Second Offense: the violator must pay a fine of $2,500, plus any other applicable costs assessed for a moving violation. The person’s driver license must be revoked for a period of one year.
Third Offense: the violator will be charged with a third degree felony, punishable as provided in ss. 775.082, 775.083, and 775.084, a mandatory fine of $5,000, and the driver license must be revoked for a period of ten years.
(new entries for Distribution Chart—see below)

316.1926 (2) A person who exceeds the speed limit in excess of 50 mph or more in violation of ss.
316.183(2) (posted speeds), 316.187(state speed zones), or 316.189 (municipal and county speeds)
This is classified as a moving violation.
First Offense: the violator must pay a fine of $1,000 plus court costs.
Second Offense: the violator must pay a fine of $2,500 plus court costs and the driver license must be revoked for a period of one year.
Third Offense: the violator will be charged with a third degree felony, punishable as provided in ss. 775.082, 775.083, and 775.084, a mandatory fine of $5,000, and the driver license must be revoked for a period of ten years.
(new entries for Distribution Chart—see below).



ADVISORY BULLETIN 08-058 PAGE 2

New entries for the Distribution Chart are as follows:

Civil Traffic
First Violation:
Motorcycle/Moped –Wheels Off Ground or Tag --First Offense 316.2085(2) or (3)
4 LIABILITY COURT FACILITIES FUND (BOCC) optional with county ordinance $15.00 C/M 318.18(13)(a)
4 LIABILITY LAW ENFORCEMENT EDU (BOCC) Optional with ordinance $ 2.00 C/M 938.15/318.18(11)(d)
3 LIABILITY ADDITIONAL COURT COST CLEAR $ 3.00 C/M 318.18(11)(d)
2 or 4 348-530 LIABILITY ADDIT’L COURT COST-CLERK or Co. if directed $ 2.50 CM 318.18(11)(d)
2 348-530 COURT COSTS $30.00 C/M 318.18(11)(a)
1 LIABILITY CLERK OF COURT T.F./DOR/GEN FUND $ 5.00 C/M 318.18(11)(a)
1 LIABILITY ADMIN FEE/CLERK OF COURT T.F./DOR./GEN FUND $ 12.50 S/M 318.18(18)
3 LIABILITY STATE RADIO SYSTEM SURCHARGE $ 3.00 S/M 318.18(7)
BASE FINE $ 60.00 P/M 318.18(3)(a)
ADDITIONAL FINE $1,000 P/M 318.14(13)(a)
$1,133
The break out, or distribution, of the $1,000 is the same as the $60.

Excessive Speed—Over 50 mph --First Offense 316.1926
4 LIABILITY COURT FACILITIES FUND (BOCC) optional with county ordinance $15.00 C/M 318.18(13)(a)
4 LIABILITY LAW ENFORCEMENT EDU (BOCC) Optional with ordinance $2.00 C/M 938.15/318.18(11)(d)
3 LIABILITY ADDITIONAL COURT COST CLEAR $3.00 C/M 318.18(11)(d)
2 or 4 348-530 LIABILITY ADDIT’L COURT COST-CLERK or Co. if directed $2.50 CM 318.18(11)(d)
2 348-530 COURT COSTS $30.00 C/M 318.18(11)(a)
1 LIABILITY CLERK OF COURT T.F./DOR/GEN FUND $5.00 C/M 318.18(11)(a)
1 LIABILITY ADMIN FEE/CLERK OF COURT T.F./DOR./GEN FUND $12.50 S/M 318.18(18)
3 LIABILITY STATE RADIO SYSTEM SURCHARGE $3.00 S/M 318.18(7)
BASE FINE $1,000 P/M 318.18(3)(a)
$1,073
The break out, or distribution, of the $1,000 is the same as the $60.

Second Violation:

Motorcycle/Moped –Wheels Off Ground or Tag –Second Offense 316.2085(2) or (3)
4 LIABILITY COURT FACILITIES FUND (BOCC) optional with county ordinance $15.00 C/M 318.18(13)(a)
4 LIABILITY LAW ENFORCEMENT EDU (BOCC) Optional with ordinance $2.00 C/M 938.15/318.18(11)(d)
3 LIABILITY ADDITIONAL COURT COST CLEAR $3.00 C/M 318.18(11)(d)
2 or 4 348-530 LIABILITY ADDIT’L COURT COST-CLERK or Co. if directed $2.50 CM 318.18(11)(d)
2 348-530 COURT COSTS $30.00 C/M 318.18(11)(a)
1 LIABILITY CLERK OF COURT T.F./DOR/GEN FUND $5.00 C/M 318.18(11)(a)
1 LIABILITY ADMIN FEE/CLERK OF COURT T.F./DOR./GEN FUND $12.50 S/M 318.18(18)
3 LIABILITY STATE RADIO SYSTEM SURCHARGE $3.00 S/M 318.18(7)
BASE FINE $60.00 P/M 318.18(3)(a)
ADDITIONAL FINE $2,500 P/M 318.14(13)(a)
$2,633
The break out, or distribution, of the $2,500 is the same as the $60.

Excessive Speed—Over 50 mph --Second Offense 316.1926
4 LIABILITY COURT FACILITIES FUND (BOCC) optional with county ordinance $15.00 C/M 318.18(13)(a)
4 LIABILITY LAW ENFORCEMENT EDU (BOCC) Optional with ordinance $2.00 C/M 938.15/318.18(11)(d)
3 LIABILITY ADDITIONAL COURT COST CLEAR $3.00 C/M 318.18(11)(d)



ADVISORY BULLETIN 08-058 PAGE 3


2 or 4 348-530 LIABILITY ADDIT’L COURT COST-CLERK or Co. if directed $2.50 CM 318.18(11)(d)
2 348-530 COURT COSTS $30.00 C/M 318.18(11)(a)
1 LIABILITY CLERK OF COURT T.F./DOR/GEN FUND $5.00 C/M 318.18(11)(a)
1 LIABILITY ADMIN FEE/CLERK OF COURT T.F./DOR./GEN FUND $12.50 S/M 318.18(18)
3 LIABILITY STATE RADIO SYSTEM SURCHARGE $3.00 S/M 318.18(7)
BASE FINE $2,500 P/M 318.18(3)(a)
$ 2,573
The break out, or distribution, of the $2,500 is the same as the $60.


Criminal Traffic

Motorcycle/Moped/Excessive Speed Over 50 mph 316.1926
2 351-500 FINE $5,000.00 P/M 318.14(13)(c)
3 LIABILITY FCCA 5% surcharge (only if fine assessed) $250.00 C/M if fine 938.04
3 LIABILITY CRIME STOPPER TRUST FUND (only if fine assessed) $17.00 C/M if fine 938.06
2 348-520 CRIME STOPPER TRUST FEE $3.00 S/M if fine 938.06
2 348-530 ADDIT’L COURT COSTS $200.00 C/M 938.05(1)(a)
1 LIABILITY ADDIT’L COURT COSTS $25.00 C/M 938.05(1)(a)
2 348-520 CRIMES COMP FEE $1.00 S/M 938.03
3 LIABILITY CRIMES COMP T.F. $49.00 C/M 938.03
3 LIABILITY ADDIT’L COURT COST CLEARING $3.00 C/M 938.01
4 LIABILITY LOCAL LAW ENF ED $2.00 C/M 938.15
4 LIABILITY CRIMES PEVENTION FUND (only if fine assessed) $50.00 C/M 775.083(2)
3 LIABILITY STATE RADIO SYSTEM SURCHARGE $3.00 S/M 318.18(17)
4 LIABILITY COURT FACILITIES FUND (optional with ordinance) $15.00 C/M 318.18(13)(a)
4 LIABILITY ADDIT’L COSTS (BOCC) - PROGRAMS (optional with ordinance) $65.00 C/M 939.185(1)(a)
$5,733

[route66paul]

This sounds like a catchall for law enforcement. If smokey does not like you, by-by bike. that stinks and is just another way that the police can be corrupted by impounding vehicles and getting a part of the sale price for their department.

[FLSTCI124"]

And I see quite a few bikes with their license plates vertically mounted. $1000 first-time offense for this???

Lunacy...

[kustom_flames]

Seems alot of it applies to crotch-rockets...so that is good! However the hanging of the lic plate thing...??? A bit harsh...

Glad I moved out of FL...well until it hits winter up here...

[stoker44]

If your tag is hidden under the fender while your riding a wheelie at 90 miles an hour you deserve a few tickets.

[03GLIDE_]

I got a ticket for doing a wheelie about 20 years ago. Rode one past a doughnut shop at break time. Wrote me up for wreckless driving and fined me $120.

Now 20 years later Florda has a law to make the third offense of doing a wheelie a felony. WTF is this world coming to.
I guees if you bounce your front wheel over a speed bump they can nail you too.

[Clint50]

$1,000 ticket for a wheelie or side-mounted license plate??? Good gawd,that is friggin ridiculous!

[Buddy Seat]

Fla is getting crazy with rules & regs.. The crotch rocket dudes started that chit..

They used to have a "Horseless Carriage" lic plate for antique cars & bikes.. I loved that. Bought it once & NEVER had to renew.
Finally they figured how much $$ they were missing on renewals & stopped that..

I hung my hat there for the past 25+ yrs. Left over 2 yrs ago & glad of it..They also went nuts on property taxes as well..
Glad we sold before the real-estate bubble burst....

[Bluzmn59]

OK, I will be the odd man out here. First, the penalty for a license plate violation is way too harsh. The other two, though, I don't mind. These idiots on sport bikes doing wheelies down the highway, stoppies, riding in excess of 50mph over the posted speed limit, deserve anything they get. They are not only dangerous, they are also leading to restrictions and attitudes that apply to ALL motorcyclists.

The license plate thing is over-the-top, though.

[arealinvestor]

Agreed!!! The penalty for the plate is ridiculious!!!!!!Who thought of that Jeb Bush?????????

[ktwillys]

Most of that crap wont survive the courts..

and then there is the politicians that have lost their minds...

you guys got a bunch of idiot nutcase down there making your laws up...

good luck,, since this has convinced me not to see Florida in my travels......

[hardluk1]

I to don't have a problem with it . That just one way to get some of the dumb asses under control. It was fun to watch the dumbies doing wheels and stoppies so that will kill some sidewalk fun. I don;t like riden with the sport bike crowd much anyhow.

[TalonChief]

Originally Posted by arealinvestor

Agreed!!! The penalty for the plate is ridiculious!!!!!!Who thought of that Jeb Bush?????????

We've had a new Gov for a couple of years now.....


This was dreamed up by Representative Carlos Lopez-Cantera (R-Miami).

[claydbal]

those laws will kill more people!!!

first offense $1000 , im haulin ass. passed a car the other day, hit third, small wheelie happened. saw a newby pull an unintentional wheelie at church. what about the dual sports? everytime you shift you get a little wheelie.

if they are gonna add $1000 for speeding, and then tweak their redneck certified radar, im haulin ass!

if a screw vibrates from my plate, im haulin ass.

now imagine the crotch rockets with a kabillion hp, they already know the law cant catch em and they have trick plates, i bet they haul ass!!!!!!!!!!!!!

ever seen a gxsr stuck through a car?

you wold think some idiot would come up with a better idea, like video the tag number as the offense is taking place and go to the perps house at 3 AM. no one gets hurt.

[Buddy Seat]

claydbal-