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HB 137 2008
CODING: Words stricken are deletions; words underlined are additions.
hb0137-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1 A bill to be entitled
2 An act relating to offenses committed while operating a
3 motorcycle; creating s. 316.1926, F.S.; providing
4 additional penalties for certain offenses committed by a
5 person operating or in actual physical control of a
6 motorcycle; requiring that the person be taken into
7 custody; providing for seizure and forfeiture of the
8 motorcycle; providing for revocation of the person's
9 privilege to operate a motorcycle; providing an effective
10 date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 316.1926, Florida Statutes, is created
15 to read:
16 316.1926 Motorcycle offenses.--
17 (1) When a law enforcement officer charges a person with
18 reckless driving in violation of s. 316.192 or exceeding the
19 speed limit by 30 miles per hour or more in violation of s.
20 316.183(2), s. 316.187, or s. 316.189 while operating or in
21 actual physical control of a motorcycle, the officer shall
22 arrest the person, take him or her into custody, and seize the
23 motorcycle, which shall be subject to forfeiture under the
24 Florida Contraband Forfeiture Act.
25 (2) Upon conviction, in addition to any other penalty
26 provided by law, the court shall revoke the person's
27 authorization and privilege to operate a motorcycle for a period
28 of 10 years and order the person to surrender his or her
29 driver's license.
30 (a) If the person holds a Class A, Class B, or Class C
31 driver's license, the department shall issue a replacement
32 license, valid for the remainder of the person's unexpired
33 license period, without the endorsement to operate a motorcycle.
34 (b) If the person holds a Class E driver's license that is
35 not restricted to motorcycle operation only, the department
36 shall issue a replacement license, valid for the remainder of
37 the person's unexpired license period, without the authorization
38 to operate a motorcycle.
39 (3) Revocation of the privilege to operate a motorcycle
40 under this section shall not prohibit or restrict the issuance
41 or renewal of a driver's license for purposes other than the
42 operation of a motorcycle.
43 Section 2. This act shall take effect October 1, 2008.
 

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Whats the status of this bill? Has it been just recently introduced? Who is sponsoring it? Why are they targeting motorcyclists? Just a few questions that I hope somebody has the answers to.
 

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killer sperm
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More unconstituitional double jeopardy. Seizing property in addition to other penalties.
 

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Florida Contraband Forfeiture Act

I cant beleive this. They will seize your bike under the Florida Contraband Forfeiture Act? Since when are bikes contraband. I have heard of this for street drag racing but not for speeding. I would like to know the status of this bill and see if it was signed. If this is fact I guess a lot of bikers will be avoiding Florida ( I will) and many more will run from the police. This is more political bullshit from a bunch of pompous assholes.
 

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In disguise
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Just a guess, but because it's targeting motorcyclists that speed in excess of 30 mph over the limit, it seems to me to be in response to the ever increasing sportbike crowd that routinely hit well over 100 on the Turnpike, I-95 and even heavily traveled surface streets, particularly in the greater Miami area. Also Tampa. Seems like every week there's another incident of big time speed or another death of a young guy on a sportbike.

However, the FHP was on TV a few months back talking about how many drivers of cars have been stopped on the Turnpike between Orlando and Miami traveling at over 100 mph, so it seems like they should be subject to the same stiff rules.

About the forfeiture thing--anybody know the details of the Florida Contraband Forfeiture Act?
 

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More info

Rep. Carlos Lopez-Cantera sponsored the bill. He is a Spanish Immigrant living in Miami.

It was submitted Sept 21st.

No votes as of yet.

Surprizingly this dimwit is a Republican.
 

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Yes, we know who is being targeted. Especially if you live in Florida you know. Maybe Florida should forget the forfeiture bit and simply assign them to a chain gang out in the swamp. Let the gators teach'em some manors. :gun:
 

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garyad said:
Whats the status of this bill? Has it been just recently introduced? Who is sponsoring it? Why are they targeting motorcyclists? Just a few questions that I hope somebody has the answers to.
This is in direct response to our A$$hat crotch-rocket riders that like to amuse themselves and their friends by racing up and down I-95, riding on one wheel, exceeding 100 mph, and chucking the "finger" at any and all LEOs that they may pass.

I have no sympathy whatsoever for them as they have been begging for something like this for a long time.

My .02-
 

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06FXDBI said:
This is in direct response to our A$$hat crotch-rocket riders that like to amuse themselves and their friends by racing up and down I-95, riding on one wheel, exceeding 100 mph, and chucking the "finger" at any and all LEOs that they may pass.

I have no sympathy whatsoever for them as they have been begging for something like this for a long time.

My .02-
The problem with this is that the agencies that are responsible for the enforcement will use it as a revenue generating tool, and we all know the resale of crotch rockets isn’t squat. They will be going after the big dollar bikes being Harleys and customs. This will put a new twist on bike week and biketoberfest
 

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06FXDBI said:
This is in direct response to our A$$hat crotch-rocket riders that like to amuse themselves and their friends by racing up and down I-95, riding on one wheel, exceeding 100 mph, and chucking the "finger" at any and all LEOs that they may pass.

I have no sympathy whatsoever for them as they have been begging for something like this for a long time.

My .02-
True, However, now Florida bikers who get a speeding ticket MIGHT be subject to defending just how fast they actually were going. When you start talking about a $20K fine for speeding, there is real potential for abuse, IMO.

The law reads "motorcycle", not "crotch rocket style motorcycle".
 

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If you're doing 80 in a zone marked 50... you're an idiot. I don't care what type of bike you're on.

The law states 30 OVER the posted... how many people here say they regularly do 30 over a posted speed limit?

Me? I will do 10 over on a regular basis... and occasionally 15 if that's what the traffic is doing, but unless I'm on a long stretch of road BY MYSELF... I'm not doing 100+ in a 70. I won't lie and say I've never done it, but when I did, it was just me on a back road.
 

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Road Captain
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They do the same for cars, evidently they found motorcycles wern't covered by the current law.

Source

State Representative John Quinones (R-Kissimmee) introduced the bill following drag racing accidents that claimed four lives last year. The legislation provides maximum penalties including a $1000 fine, two-year license suspension and imprisonment for violators. The police can also immediately seize a car used in a race for 10 days without due process for the first offense. On the second offense, police can seize and sell the car used, regardless of its value.

The legislation only defines drag racing as comparing the speed or power of one vehicle to another vehicle on a public road or in a parking lot, "at accelerating speeds in a competitive attempt to outdistance each other." The penalties apply regardless of whether anyone was actually harmed or threatened with harm from such a contest.
 

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Wicked!
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Bot said:
True, However, now Florida bikers who get a speeding ticket MIGHT be subject to defending just how fast they actually were going. When you start talking about a $20K fine for speeding, there is real potential for abuse, IMO.

The law reads "motorcycle", not "crotch rocket style motorcycle".
I'd change it to "crotch rocket style motorcyles" after watching this.
 

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I ain't right
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55 MPH divided highway, interstate + 30 MPH = 85 MPH not an unrealistic speed. First motorcyles, then all motor vehicles, passes in FL, what state would be next ?????????? Anyone who drives should be concerned about this.
 

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niget2002 said:
If you're doing 80 in a zone marked 50... you're an idiot. I don't care what type of bike you're on.

The law states 30 OVER the posted... how many people here say they regularly do 30 over a posted speed limit?

Me? I will do 10 over on a regular basis... and occasionally 15 if that's what the traffic is doing, but unless I'm on a long stretch of road BY MYSELF... I'm not doing 100+ in a 70. I won't lie and say I've never done it, but when I did, it was just me on a back road.
@gree: IMO if you're caught going 30MPH over the speed limit, you need to have them taken.
 

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Bot said:
True, However, now Florida bikers who get a speeding ticket MIGHT be subject to defending just how fast they actually were going. When you start talking about a $20K fine for speeding, there is real potential for abuse, IMO.
Would'a, could'a, should'a, possible, potential, might, and maybe.... All examples of, so far, unfounded speculation regarding the worst imaginable application of the proposed law.

Me, and thousands of my neighbors are willing to give it try if it will exercise ANY kind of control regarding this situation that has been allowed to get completely out of hand.

The law reads "motorcycle", not "crotch rocket style motorcycle".
IMHO the law should not be limited to motorcycles only, but applied to all vehicle drivers equally. As congested as the Interstates and Turnpike are here, there is NO JUSTIFICATION whatsoever for driving any vehicle +30 over the posted limit.

It shouldn't matter if one is driving a 350 Lb crotchrocket, a 7000 Lb SUV, or a 50,000 Lb 18 wheeler. At 100mph in a 65 zone they are all disasters waiting to happen.

Having one of our major roadways closed for 6 hours a couple of times a week to clean up the mess, has gotten very, very old!

Another .02-
 

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TERMINKNOTTER said:
55 MPH divided highway, interstate + 30 MPH = 85 MPH not an unrealistic speed. First motorcyles, then all motor vehicles, passes in FL, what state would be next ?????????? Anyone who drives should be concerned about this.
Anyone who drives without regard for the law and the safety of others should be concerned about this.
 
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