Florida Members - Florida Passes HB 137, Speeders Face Vehicle Confiscation, Prison Time

THIS LAW IS ONLY PERTAINS TO BIKES
Mods can lock this down if they want.



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.
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]
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.

I forsee some high speed getaways if the riders are facing that kind of punishment.

^^ +1

This is one reason why strict punishment wasn't manditory before. This law will not only put a careless rider in danger, but now will increase the risk of danger to bystanders and enforcement officers.

I don't think we will be seeing any bikers stopping- not that they do anyhow. this just may push them to go a little faster.

I don't see this bill helping at all- if anything it will cause more problems.

+1 on that.... I would assume write a ticket or two than to confiscate a vehicle and put the driver through the Criminal Justice system.

i agree with you guys. i have a class-A cdl and i am already unable to take any sort of class to avoid points as it is. i see a bunch of people hauling ass as they feel they have nothing to loose. i think they should have done something about people talking on cels while driving before doing this.

This is getting ridiculous. Punishments for crimes are getting worse. Granted speeding isn't exactly safe, but this law is just going to cause more people to run.

It is now going to jeopordize the lives of everyone on the road, because if a bike or car zips by you and over the next hill is a law enforcement officer running laser or radar then guess what the bike or car is not stopping now. Why because they know they are screwed now so they will push it, and risk running a family, a mother, a dad, you, your family, or anyone off the road just so they can get away so they don't lose there license and there ride. AND they also go to jail as well. Think about it this law should have went to a vote, instead the state is making things the way THEY want it.


:mad: I think you guys get my point and you guys probably feel the same way.

wow, this is crazy

prison time for 30 over and lose you licence for 10 years!??

I don't see how anyone will stop after they realize they have been caught..

wow, this is crazy

prison time for 30 over and lose you licence for 10 years!??

I don't see how anyone will stop after they realize they have been caught..

Might as well run now and just see how well you can drive lol. I don't drive that fast alot of the times on roads but I know if I was that risking running from the cops ain't gonna add that much more of a penalty than whats all ready gonna be coming my way.

I'm glad I'm not the only one who thought this way when I read about this

Might as well run now and just see how well you can drive lol. I don't drive that fast alot of the times on roads but I know if I was that risking running from the cops ain't gonna add that much more of a penalty than whats all ready gonna be coming my way.

exaclty, how many people do they think won't run when they realize how fucked they will be anyway..

this is amazing..

wow, this can only be the doings of gov. fuckstick. Why not just do what Virginia is doing and just fine people thousands of dollars if they are going 30mph. 10 year suspension on license, 5-10 years in prison, that's a little harsh. Drug dealers might get a less harsh punishment than that. How about pedophiles and shit who still get to walk the streets. What the fuck is wrong with politicians?

There has to be some sort of constitutional right as people to abolish this law since we deem is as unsafe and to extreme.

I guess the people dont get a say in this democracy anymore ey

Shit i guess im going to have to put a brick or block of wood under my accelerator, cause i sometimes get the need for speed. But i agree bikes don't stop anyways, and the cops aren't allowed to chase them. Two of my brothers are Miami-Dade firefighters and one of them told me the other day how alot of firefighters used to be police officers. And how guys on bikes would get next to them and flick them off, or even moon them, then just speed away. He told me they would get frustrated because they aren't allowed to go after bikes, and the guys on bikes know this too.
-Joel

Yeah like Im going to stop now... My view has always been, if I get caught going that fast, just pull over and take my licks and move on with life but now that Im screwed no matter what, Id rather take my chances and bolt. Or not speed...

while im not sure about this new deal, guys let not forget that this is a criminal issue now...running would simply turn it into felony evasion, no one wants a beat down if you got caught or possible time in raiford...that used to not be the case but apparantley it is now...30 and over has always been a mandatory court date and if you are doing 30 over you obviously know the consequences...cmon guys seriously...take your chance deal with it...everyone speeds but 30+ is a whole different ball game

I know you may not get raped as bad if you are just speeding 30 over, but the chance is now there to have your whole life fucked up.

You can get into a lot less trouble for alot worse things with a law like this..

I just thought about it.... prison time for speeding on a motorcycle, but fines for the first three DUIs?

im sure that will be addressed soon as people will see that conflict...^^^

id like to see more tracks...giving less of a reason to get out on the streets and haul ass...while i know people are going to do it anyway...to have more tracks there would be no excuse when you get caught....jacksonville doesnt have a track anymore???!!!

Cruel and unusual?

5-10 years for 30+?! So are they going to put about 200 people a day in jail, lets be real here, anyone who is on a interstate daily can't deny they don't witness someone doing 90 for instance in I-275's 55 zones........

Yep I love to haul ass, on curves too, so unless there is a mandate with this law for about 10 more dragstrips, 5 roadcourses, and a top speed track, this states lawmakers need to fuck off. I don't seem to be able to vote against this or even vote for it in the first place, what a load of shit.

This state can have its old farts and pansy ass people, I'm a move back North. If the whole country ever gets this bad I'm moving to Germany, where I can haul ass all I want.Better start working on a degree that can land me a job in Europe, cause the states are starting to look like you have ZERO rights.

I only do about 5 over in my everyday driving, thats not a issue. But if I'm out on a curvy road at 3am and it has some straights and I was to get busted, this would be a bunch of bullshit. I'm with most everyone else, running wouldn't seem like a bad idea at that point.......

I was a law abiding citizen until today. I'm runnin'. They say you can't outrun a radio ... maybe not in a car (in most cases) ... buying a KZ1400 to 'go boldly where no car has gone before' ... crazy shit ... just gotta' know all the good trails and get to them quick.

i better trade my busa in for a moped, cuz i dont want to be considered a criminal for goosin it once in a while. if im get caught doin 30 over though, theres no way im stopping. id love to see em catch me. probably be illegal to own a dang crotch rocket in like 5 years anyway

I forsee some high speed getaways if the riders are facing that kind of punishment.

Yeup, now no one will stop if they know this is their fate.

I guess the people dont get a say in this democracy anymore ey

Its funny that people think we live in a democracy...far from it in actuality...

Oh well- better than N. Korea I guess!

E

Happy it wasn't like this a few months ago. I lost my license for a month and $550.00 in fines for doing "125" in a 55 winding out my Busa on 471 (like 20 miles of straight road through the swamp for those who don't know) here outside lakeland. I was clocked at 108 and the officer chased me as I ran my bike at between 100-186 for 14 miles. He lost sight of me many times but got me after I had stopped(not knowing I was being chased). In that time I passed maybe 3 cars. As the FHP patrol car could only go 125 that is what I was ticketed for. But guess I am running from now on with nothing to lose. This has to be one of the dumbest laws ever.

This is the first of me hearing about this new law. The question i have is can the police chase you at an excessive rate of speed? I think i heard on the news that they are cracking down on high speed police chases because too many innocent people are being killed, unless they are in pursuit of a violent felon. Is this correct or did i hear wrong?

Last I knew no chasing past 100 or 120 and no chasing after losing sight but not sure after what I went through.

I think they said OPD cannot chase, but Orange County Sheriffs and FHP can.:confused:

FHP doesnt chase...unless its an outstanding circumstance...lets be real fellas...their not going to throw EVERYONE in jail for speed, its not logical they will lean more on stiffer fines

The thing is I'm not even sure this applies to cars. If you read the law it strictly states all of these factors apply to motorcylces.

My favorite part of this was: 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. Haha, what a bitch.

while im not sure about this new deal, guys let not forget that this is a criminal issue now...running would simply turn it into felony evasion, no one wants a beat down if you got caught or possible time in raiford...that used to not be the case but apparantley it is now...30 and over has always been a mandatory court date and if you are doing 30 over you obviously know the consequences...cmon guys seriously...take your chance deal with it...everyone speeds but 30+ is a whole different ball game

Imagine getting put in jail for cruising over that little speed trap they have at the end of JTB. It goes from 65 to 25 within a few hundred feet. That's not a whole different ball game and cops sit there for a few days at the end of every month.

thats right OPD cant pursue and orange county is some of the chillest cops i've ever seen. i had one pull up mid donut and asked what i had under the hood and do it somewhere more private next time hahaha. FHP is the worst ones, they are so strict. but i agree w/ jeb up there... im runnin' too if they try to pull me over after i got caught doin 30+

why not just fine people very harshly- the state gets more money and doesn't screw up peoples lives.

And to think I was about to buy one. Everyone likes to get on it everyonce and a while on open road.

So this bill is only specific to motorcycles so far?

So this bill is only specific to motorcycles so far?

Not according to what the OP posted..

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.

:bang:

All I am gonna say is watch my rear end become simply an illusion that was never there. HAha. I hate Cops and the dumbass Florida Governor!

I don't see where the last minute amendment made this for all vehicles but it did tier the penalties and up the speeding to 50 mph over. They can only seize your vehicle aand suspend your license for 10 years after the third offense. Below is from the House of Representative Summary Analysis. Read the amendment at the bottom

SUMMARY ANALYSIS

The bill provides additional penalties for certain offenses committed by a motorcyclist. These penalties include
seizure and forfeiture of the vehicle for reckless driving or exceeding the speed limit beyond 30 miles per hour,
and, upon conviction, revocation of motorcycle licensure for a period of 10 years. The bill may generate an
indeterminate amount of revenue based on property forfeiture, and will have a minimal fiscal impact to the
Department of Highway Safety and Motor Vehicles.

The bill takes effect October 1, 2008.

Note: A strike-all amendment was adopted for HB 137. Please see Section IV for a summary of the
strike-all.

IV. AMENDMENTS/COUNCIL SUBSTITUTE CHANGES

On March 13, 2008, the Committee on Infrastructure favorably reported the bill with a strike-all amendment,
and an amendment to the strike-all amendment. The amendment creates a new s. 316.1926, F.S., which
provides that violations of s. 316.2085(2) or (3), F.S., regarding motorcycle operation, or violations of the
speeding laws in s. 316.183(2), 316.187, and 316.189, F.S., in excess of 50 miles per hour over the limit, are
moving violations punishable as provided in Chapter 318.

The amendment subsequently amends 318.14, F.S., to provided “tiered” penalties for violations of the newly
created s. 316.1926, F.S. A first violation is subject to a fine of $1,000; a second violation is subject to a fine of
$2,500 and a one-year suspension of the offender’s driver’s license; and a third violation is a third degree
felony resulting in forfeiture of the vehicle and license suspension for ten years.

The amendment clarifies that both wheels must be on the ground at all times when operating a motorcycle, but
it is not a violation if a wheel loses contact with the ground briefly as a result of the road’s surface or other
circumstance beyond the control of the operator.

The amendment to the strike-all amendment removes the phrase “horizontally to the ground” in the statute
requiring license tags to be permanently affixed to the motorcycle or moped.

I think they said OPD cannot chase, but Orange County Sheriffs and FHP can.:confused:

I had this discussion with my cousin. He's the senior FHP in the area, here. FHP cannot chase unless a felony has been clearly committed.

I had this discussion with my cousin. He's the senior FHP in the area, here. FHP cannot chase unless a felony has been clearly committed.

With a punishment of over a year....this new law is indeed a felony.

I forsee some high speed getaways if the riders are facing that kind of punishment.



werd.

I never have stopped on my bike, and I never will. this new law changes nothing for me. If I still had my f-body it would though. I remember spirited runs down onramps to 120 or so....probably woulda stopped back then.

we all need to step up and put a stop to the stupidity in government, florida or otherwise! Yes, 30+ is not a safe thing but what they can do to you and others for some that really petty compared to other "criminal problems" that are not addressed. We are losing are liberties everyday and we are not doing anything about it! Time for a change! Can you imagine doing 45mph in 15 mph (and the normal speed limit is 45)school zone and you could go to "prison"? Yeah, lets start building more prisons! Jeez! crap like this just PO's me!

With a punishment of over a year....this new law is indeed a felony.

That's why I'm runnin', brother. :devil:

LOL.. Just came back from buzzin at 140 on I75. Guess that means they get the car, wife and the pugs.:thinker:

The amendment still doesn't mention anything about cars. The only mention of cars was the OP. The law from what has been posted strictly addresses motorcycles.

I think it would be biased for 'motorcycles only' and very well could have been amended to apply to other types of vehicles, as well ... out of fairness soas not to target bikers.

Well its all retarded, the guy that started the law witnessed wheelies, where does the speed come in? Those things pull wheelies at the first stab of the throttle. I like how it was also amended due to motorcyclists complaining it was biased, when the people who complained probably can't pull a wheelie. Hell and how did they complain, obviously this is the first we heard about it, or a shit ton of people would have complained about the whole damn thing.

This whole thing is BS. After October 1st ill be running. Hell how many people do 85-90 on the highway in a 70? This is completely rediculous. People should call their local reps and tell them how they feel, maybe thatll get something done so this jackass govenor doesnt fuck too many peoples lives up.

I'll start runnin' now to practice.

amen to that, WTF. Speeding 30 over sober and u still have better reaction time than drunk and doing the speed limit.

I just thought about it.... prison time for speeding on a motorcycle, but fines for the first three DUIs?

this wasn't made public at all!!!

i am pretty good at keeping up with the news... i didn't hear about this at all.

we have so many 60mph areas. if you do 90 on the pike... you're done???

wtf? they should crack down on all those pigs that cruise next to you doin' 90+ while you're goin the limit.

this is a bill right??? the general public can change it... cuz this is all bullshit.

if you go to myflorida.com

it's listed under offenses under motorcycles

Here... be heard!!!

speaker@myfloridahouse.gov

Write to Mr. Marco Rubio. Speaker of our House of Representatives.

if you go to myflorida.com

it's listed under offenses under motorcycles

So is it only applicable to bikes then?

^ i sent an email. asking for verification. we'll see.

Like I've continually said so far the only mention of cars was the OP. The whole thing only mentions motorcycles. I wouldn't be suprised if that's the response The_Wretched receives.

Like I've continually said so far the only mention of cars was the OP. The whole thing only mentions motorcycles. I wouldn't be suprised if that's the response The_Wretched receives.

Nobody is actually reading your posts or mine. If you are actually reading this then go back and check out my post #39. I took the time to go find the amendment, copy it and post it there.

This law deals with motorcycles only, the 30 mph over was raised to 50 and they can't seize your bike until your third offense.

I have heard of this law before. It does indeed apply to motorcyclists. I stopped once for 15 over. Now if im at 5 or 6+ and a cop even remotely looks like they are coming after me, i break away, plain and simple, hit 140 before they even turn on the lights, hehe.
A friend of mine got busted 110 in a 45, and almost got away. He got 10 days in jail before bail, and suspended lisence for a year. So, id rather run and get caught, then take the new penalty for speed. But, i guess if you dont have a bike then dont worry about it too much. and 50 over, what cop in his right mind is gonna chase you when your already at 50+ the speed limit?!?!?

I have heard of this law before. It does indeed apply to motorcyclists. I stopped once for 15 over. Now if im at 5 or 6+ and a cop even remotely looks like they are coming after me, i break away, plain and simple, hit 140 before they even turn on the lights, hehe.
A friend of mine got busted 110 in a 45, and almost got away. He got 10 days in jail before bail, and suspended lisence for a year. So, id rather run and get caught, then take the new penalty for speed. But, i guess if you dont have a bike then dont worry about it too much. and 50 over, what cop in his right mind is gonna chase you when your already at 50+ the speed limit?!?!?.

HAHA.. Youll be road kill, besides FHP will use air support and that you cant run from.:nod:

Nobody is actually reading your posts or mine. If you are actually reading this then go back and check out my post #39. I took the time to go find the amendment, copy it and post it there.

This law deals with motorcycles only, the 30 mph over was raised to 50 and they can't seize your bike until your third offense.

That's what I'm basing most of my argument off of. People just don't want to take the time and read it.

I edited the first pose so thet people see that it only pertains to bikes.

I just got some bad information. Sorry guys.

.

HAHA.. Youll be road kill, besides FHP will use air support and that you cant run from.:nod:

The chances of a helicopter being right over you when a cop sees you is very slim.

The chances of a helicopter being right over you when a cop sees you is very slim.


You Hope!:D

That's what I'm basing most of my argument off of. People just don't want to take the time and read it.

Thats b/c most ppl in FL can't read.:secret2: