Beware in Florida

[HavBlue]

Seems Florida has HB137 that would pretty much take away your car, bike and license for a number of offenses. It also would appear it has passed the House and need only pass in the Senate before becoming law when signed by the governor. The Bill has serious ramifications for a number of things from stunting to 30mph over the limit and so on. It reads partially as follows,

Florida Bill HB 137, pre all-vehicles amendment:

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.

 

[lazamus69]

yea...id probably walk my bike everywhere.....lol....10 year driving ban and lose your bike...yikes!!!!!!

 

[Troubl]

I believe there's a similar law in place here in Florida for folks who are caught street racing... I believe they lose their vehicles. Maybe one of our resident LEO's could confirm this?

 

[HavBlue]

I would have to do a bit of research on Florida's vehicle code to confirm the last post but in regard to California, they have long been a leader in terms of the stunt or street racing issue simply because of the frequency of incidents. They can and will impound for no tags, no license or endorsement (unless you are the governator) , no insurance documentation (rare but done) and to take this a bit further as a spectator of an illegal public event you can be cited and fined up to $1,000. Interestingly, the laws don't stop the folks that do participate.

Proposed "revamped" Racing on Highway statute key points (as of March 6, 2008) - this statute is tentatively set to become law on October 1, 2008:

* Defines the term "competition." This was a major flaw of the original statute which allowed law enforcement to arrest people on a guess.
* Unfortunately, the definitive terms of "competition" still will be allowed to be "reasonably . . . interpreted" by law enforcement under the "totality of the circumstances" standard (the most hollow standard ever created).
* Defines "exhibition of speed." Another major flaw apparently fixed. The original statute had "exhibition of speed" being interpreted as "speeding," a civil infraction.
* Adds "exhibition of acceleration" and defines same.
* Makes it an infraction to watch people street race. This seems to be overbroad allowing for registered owners of vehicles parked new a street race to be cited regardless of if they are actually there.
* Again makes a first offense a 2nd degree misdemeanor - this is good!
* Maintains the two year minimum suspension of the accused person's drivers license. A second offense requires a five year suspension.
* BIG BAD PROVISION: Allows law enforcement to arrest people based upon probable cause arising from an anonymous tipster. This seems to be an impossible leap. This can mean that a person who wants to get another person in trouble can make an anonymous call claiming that ex-friend N was racing and cause an arrest. Not only is it giving law enforcement authority to arrest on what will almost certainly be determined to be less than probable cause, even if PC is determined to exist the crime alleged could never be proven at trial. End result, people arrested without possibility of conviction absent an uninformed plea by an unrepresented person.
* Allows law enforcement to impound vehicle immediately regardless of who registered owner is. Increases minimum impoundment from 10 to 30 days.
* NEXT BIG MISTAKE: Cars may be seized upon first arrest! This means the state can take your car. If you owe money on it you will still be responsible to pay for it. This even includes cars allegedly involved in racing driven by someone other than the owner. AND the seizure can move forward regardless of outcome in the criminal case. Start saving your money, this is going to get expensive...

*This information is based on the reading of Florida Senate Bill SB 2604 as written on March 5, 2008.

 

[OkieDavid]

Perhaps they are tired of all the out of staters/tourists cruising in on their bikes??? Would work on me.....No way in heck will I consider a visit to Florida on my bike if this bill passes as the evidence standard on reckless operation is "officer judgement" and the bar is WAAAAYYY to low on that for my comfort level. Guess I'll spend my touristy dollars somewhere else where bikes are welcome (wether or not I'm on one).