Florida Passes HB 137, Speeders Face Vehicle Confiscation,
Prison Time
Jalopnik
Thursday, May 15, 2008
As of October 1st, anyone caught doing 30mph over the speed
limit in Florida faces vehicle confiscation, five to ten years
in prison and a ten-year license suspension. Bill HB 137,
which was signed into law earlier today, was originally
targeted at motorcyclists, but was amended at the last minute
to include all vehicles. The full text of the bill follows the
jump.
Photography credit: Roger Jones
Originally introduced by State Rep. Carlos Lopez-Cantera, who
developed an irrational fear of bikers after he witnessed some
pulling wheelies and driving dangerously during a ride-along
with Miami police, HB 137 has become known as the Anti-Biker
Bill due to its discriminatory nature.
Defending motorcyclists during hearings at the state
legislature, a representative of ABATE, a motorcycle lobby
group, argued that the motorcycle specific penalties far
outweighed those for motorists who violate a rider's right of
way, killing or injuring them.
(Article continues below)
While the bill was modified to include all vehicles before
being passed into law, the anti-motorcycle language remains,
specifically that referring to the revocation of a motorcycle
endorsement, leading to some confusion. It's not known if car
drivers will face the same license suspension as bike riders.
Jalopnik does not endorse dangerous driving, but its our
belief that the best way to make roads safer is through
education, not draconian enforcement. After all, isn't anyone
with only a week or less of Driver's Ed and very little idea
of how to control their vehicle in an emergency driving
dangerously? [Via Hell For Leather]
Update: It looks like we spoke too soon folks. While this bill
has passed committee in the Florida House of Representatives,
it hasn't yet been voted into law. Let's hope it isn't.
Florida Bill HB 137, pre all-vehicles amendment:
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
A bill to be entitled
An act relating to offenses committed while operating a
motorcycle; creating s. 316.1926, F.S.; providing
additional penalties for certain offenses committed by a
person operating or in actual physical control of a
motorcycle; requiring that the person be taken into
custody; providing for seizure and forfeiture of the
motorcycle; providing for revocation of the person's
privilege to operate a motorcycle; providing an effective
date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 316.1926, Florida Statutes, is created
to read:
316.1926 Motorcycle offenses.—
(1) When a law enforcement officer charges a person with
reckless driving in violation of s. 316.192 or exceeding the
speed limit by 30 miles per hour or more in violation of s.
316.183(2), s. 316.187, or s. 316.189 while operating or in
actual physical control of a motorcycle, the officer shall
arrest the person, take him or her into custody, and seize the
motorcycle, which shall be subject to forfeiture under the
Florida Contraband Forfeiture Act.
(2) Upon conviction, in addition to any other penalty provided
by law, the court shall revoke the person's
authorization and privilege to operate a motorcycle for a
period of 10 years and order the person to surrender his or
herdriver's license.
(a) If the person holds a Class A, Class B, or Class C
driver's license, the department shall issue a replacement
license, valid for the remainder of the person's unexpired
license period, without the endorsement to operate a
motorcycle.
(b) If the person holds a Class E driver's license that is not
restricted to motorcycle operation only, the department shall
issue a replacement license, valid for the remainder of the
person's unexpired license period, without the authorization
to operate a motorcycle.
(3) Revocation of the privilege to operate a motorcycle under
this section shall not prohibit or restrict the issuance or
renewal of a driver's license for purposes other than the
operation of a motorcycle.
Section 2. This act shall take effect October 1, 2008.
http://jalopnik.com/368868/florida-passes-hb-137-speeders-
face-vehicle-confiscation-prison-time
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