Photo: Naples Real Estate
Bad news for Florida riders: As of October 1, anyone caught going over 30 face confiscation of their vehicle, five to 10 years in prison and a 10-year license suspension. We say “anyone” because bill HB 137, originally targeted at motorcyclists, was amended to apply to all vehicles.
the bill has created an uproar in the motorcycle community but has experienced little opposition from the motorcycle industry and lobby groups.
A lobbyist representing ABATE did express concerns that the bill unfairly targeted motorcyclists, arguing that penalties for motorists who violate motorcycle riders’ right of way, injuring or killing them, are substantially lower.
While the bill was altered to include all vehicles, the anti-motorcycle language remains, specifically that which discusses the revocation of the motorcycle endorsement.
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
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 316.1926, Florida Statutes, is created
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.