Florida Passes HB 137, Speeders Face Vehicle Confiscation, Prison Time
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Florida Passes HB 137, Speeders Face Vehicle Confiscati... - 3/20/2008 3:00:57 PM
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Ripsnortr
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Florida Passes HB 137, Speeders Face Vehicle Confiscation, Prison Time
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 C
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/20/2008 3:12:03 PM
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rideglide
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Since Florida has decided to discriminate against bikers, I've decided to discriminate against Florida -- won't be traveling into that state in the future. Hope the rest of you do the same.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/20/2008 3:35:22 PM
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big_al
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Damn government at its best again!!!!!
I am sure glad I sold my hayabusa if not I would be in serious trouble!!
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/20/2008 4:04:35 PM
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Da Gumpmeister
Posts: 2342
Joined: 12/26/2007
From: Quamba, Mn
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Well, NO danger of that wacko "GUMBY" polluting your state down there. Guess there is a reason why it is at the "tail" end of the country. As in "bunghole". Chit in, Chit out. And you guys down there weren't camped out on your representatives doorstep? Glad you have nice weather, it MAY compensate for the rest of the state's anti-biker mentality.
I am NOT advocating speeding, don't do it myself. It is the "anti-biker" that is the subject here. So, buy a Vette, and then speed like h*ll. Geez.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/20/2008 4:30:15 PM
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Buddha4
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I have no issue with the 30mph over but when they can seize on one LEO's charge-NOT CONVICTION of reckless then that becomes a little drastic.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/20/2008 4:34:06 PM
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xor13
Posts: 306
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Can't have motorcyles scaring all the retirees.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/20/2008 4:36:41 PM
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mustasz
Posts: 87
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From: Toronto,Canada
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Man, it's insane. I thought it's bad here in Ontario,the law says /new law/ 30mph over posted limit suspension of the licence for a week /I think/ and confiscation of the vehicle also for a week,plus fine up to $10.000. But it doesn't distinguish between car and bike. Everybody's equal.Mat
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/20/2008 4:48:01 PM
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rustyrun
Posts: 344
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From: Florida
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Now I guess this will give riders a reason to try and outrun the fuzz. Watch the fatalities rise. Typical Florida statute. Half a mind goes into developing it and they are normally old minds.
Tennessee or Arizona is looking better and better. Been here since '78.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/20/2008 5:17:31 PM
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skltr
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From: SoCal
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quote:
ORIGINAL: rustyrun
Now I guess this will give riders a reason to try and outrun the fuzz. Watch the fatalities rise.
Good point, may cause some kid to bolt...........prison
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/20/2008 5:35:30 PM
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klminer70
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From: Anderson, Indiana
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Just shows you can easily pass laws as that carry rediculous punishments. As long as it only effects a small segment of the population, it will manage to get plenty of support from people that it will not impact. Especially if you can pass it off as a safety issue.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/20/2008 5:38:19 PM
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xcelr8
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the kids on the rice rockets are totally out of control here in So Florida. It's nothing to be cruising at 70MPH in a 65 zone and have 4 or 5 blast by so fast you never see them coming, and they are gone in a matter of seconds. 130-150 MPH is not uncommon. Laying down on the tank, t-shirt blowing up around the neck exposing a bare back, sneakers or flip flops, and the boys are even worse. The worst part is the cops can't catch them.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/20/2008 5:38:52 PM
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SA315B
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I have a problem with all confiscation laws but then, unlike the members of the Supreme Court, I’ve read the US Constitution.
On the other hand I have no problem with taking anyone exceeding the speed limit by 30 MPH and making their life very difficult.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/20/2008 5:46:15 PM
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klminer70
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From: Anderson, Indiana
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quote:
ORIGINAL: SA315B
I have a problem with all confiscation laws but then, unlike the members of the Supreme Court, I’ve read the US Constitution.
Most of members of the Supreme Court think the U.S. Constitution is just the name of an old Navy ship.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/20/2008 7:32:43 PM
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Jumpman
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What are the pursuit laws?
Here in MO, LEO's cannot pursue unless there is cause to believe a felony has been committed (or something like that)... What that means here is...If some one is running 100+mph, LEO's cannot chase for that reason alone.
Anyway, as many are discussing the Stuntriding video thread posted in the 'Touring' section... Sportbikes are Way Fast, Way Nimble & Pretty Damn Cheap. you have someone out riding hard - and they risk all that this law indicates... Why would anyone even pull over? Not condoning speeding, but I'll tell you for fact - If I still had a sportbike I would run it hard sometimes...and if I were at risk of jailtime or confiscation...I prolly wouldn't stop if the 'lights were behind me'.
---- On a side note...how many of you have ever tested the throttle on your HD... I know for certain mine will hit 90 - apparently if you have not done that yet in Fla, you may never know...how sad.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/20/2008 7:35:09 PM
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57springer57
Posts: 523
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I am all for it, no need to go 30 over the speed limit 
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/20/2008 7:47:11 PM
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macatak39
Posts: 52
Joined: 9/2/2007
From: Pratt, Ks
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Guess ill stay out of Florida
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/20/2008 7:51:14 PM
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sharkeydude
Posts: 763
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From: The Deep South
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When I lived in Destin, there were times that late at night that Highway 98 turned into the Rocketeer Road Race! Those crotch rocket dudes get out of control. I can see how this came about. I was surprised they amended it to include all vehicles. Might make it a bit safer though.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/20/2008 8:40:13 PM
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Rockport
Posts: 56
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From: Rockport, Texas
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The way the bill reads, your bike can be forfeited upon arrest, not conviction.
So, an officer can claim that he clocked you at 30+ over the speed limit and guess what, Florida has a bike to sell at auction. Great way to raise funds for the state.
Even if you are not convicted, you may still lose your bike.
Bulls**t.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/20/2008 9:15:18 PM
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pete913
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Dont' see a thing wrong with that. People who are either too dumb to read a speedometer or who think the laws were passed for someone else deserve what they get.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/20/2008 9:33:20 PM
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xcelr8
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quote:
---- On a side note...how many of you have ever tested the throttle on your HD... I know for certain mine will hit 90 - apparently if you have not done that yet in Fla, you may never know...how sad.
Never underestimate us Florida boys......
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/21/2008 1:08:43 AM
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arnold
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From: Irving-Texas
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I try to do 100 or better at least once a day if possible-what a bunch of dick wads.
How many cars you see doing 90 or 100 every day? How many BIG trucks are out there running 90 or 100 full of cows in west Texas? We need autobahns or something like it, all the snails can ride/drive the regular roads.
"The recommended speed of the German autobahn is 130 km/h (81 mph), but there is no speed limit"
We have improved motor transportation to the extent that speeds of 100 or better can be accomplished in relative safety, why are we still running on highways with speeds posted in most cases at 1970's or prior speed limits? Because it generates huge financial rewards for towns and cities, they are stealing our money. Every little "speed trap" out in BF America pays its way by screwing the crap out of passing motorists. Make the speed limits reasonable and up to today’s technology, and a lot of folks would be more inclined to drive/ride responsibly. If the posted speed limits were 90 on the open road, I could hear my motor running like it should and probly wouldn’t feel the need to break 100 all the time, there will always be complete idiots out there and that won’t change no matter what the speed limit or the consequences.
Here in Texas, they have given constables the rights to do "traffic" while thousands of warrants and stuff that constables REALLY need to do fall to the wayside. Bunch of money hungry ****s.
(ask me how I REALLY feel)
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/21/2008 2:52:37 AM
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whaap
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For sure it won't cause me any hearburn.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/21/2008 3:18:03 AM
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dog155
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This is an example of what the whiners should take notice of.Get the Zealots and politicians involved and we all pay the price.Florida is now off my vacation list,for that matter retirement list.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/21/2008 3:47:58 AM
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SA315B
Posts: 142
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quote:
ORIGINAL: Tinkermc
this might keep some of them alive a little longer
Again, I have a problem with all confiscation laws because, unlike the members of the Supreme Court, I’ve read the US Constitution. But I have no problem with jail time for guys on crotch rockets doing 130+ on the Florida Turnpike.
And I don’t care about their safety, I’m thinking about me and the road rage I have to put up with from some cage driver because he is pissed that a group of motorcycles just blew by him startling him so bad he dumped his morning coffee or afternoon beer in his lap.
This happens two or three times a day in the Miami area.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/21/2008 4:25:40 AM
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casique
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So the drug dealers get off and the family's get separated on the highway when their Dad is arrested for driving 85 in a 55! Sounds like another infringement on our freedom and cruel and unusual punishemnt. I don't think this law will hold up in court if challenged. What's next road side executions if speeding? Our focus is all wrong......... Maybe the anarchyst have a point.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/21/2008 4:36:31 AM
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EasternSP
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And once again, ABATE is there to make a showing as though they were really trying to defend the rights of bikers. They get paid whether they win or loose, so take the easier path.
Lets see now, how long has ABATE been around, but this Florida Rep suddenly decides to throw out a new law and whamo, six months later, its a done deal and ABATE doesn't even register as a speed bump in his path. ABATE needs to hire some abortion lawyers to fight the fights instead of these limp wrist, non-homework doin wanna bees.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/21/2008 4:44:47 AM
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SA315B
Posts: 142
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quote:
ORIGINAL: casique
So the drug dealers get off and the family's get separated on the highway when their Dad is arrested for driving 85 in a 55! Sounds like another infringement on our freedom and cruel and unusual punishemnt. I don't think this law will hold up in court if challenged. What's next road side executions if speeding? Our focus is all wrong......... Maybe the anarchyst have a point.
You bet, 55 in Florida is a two lane road and 85 on a two lane road is way over the top.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/21/2008 4:55:50 AM
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xcelr8
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quote:
ORIGINAL: arnold
"The recommended speed of the German autobahn is 130 km/h (81 mph), but there is no speed limit
"No speed limit" is only on 5% of the Autobahn. Trucks and buses are limited to 100 km/h (62 mph). Getting a German drivers license is very difficult and expensive, and the drivers there are far superior to us not only in their ability, but in their road courtesy.
Driving across WY (speed limit is 80 mph) and driving in South Florida (speed limits range from 55 to 70) are 2 totally differant scenarios. Traveling on I-95 in Dade County, where the limit is 55, it's not uncommon for traffic to move at 75 and the rice rockets to blast by at a buck twenty. Something had to be done........it's out of control.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/21/2008 5:11:38 AM
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ken01976
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It gives the scumsucking Cops to much power.
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RE: Florida Passes HB 137, Speeders Face Vehicle Confis... - 3/21/2008 5:13:14 AM
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RDM
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