In FL. 30 MPH + over limit = confiscated vehicle

[CobraO4]

Is this true???

I was out on my Harley this past weekend. While on a bike run I heard a couple of guy saying that they passed a new law in Florida that allows a cop to confiscate your motorcycle if you are caught speeding 30+ MPH over the limit. Then another guys says yeah that's correct but the ABATE went to court with it saying it was discriminitory against motorcycles and they passed the law to include all motor vehicles.

Not that I drive 30 over but that punishment doesn't fit the crime!!!

Anyone can confirm that new law..

 

[CraigsSnake]

I seen this on the news a few weeks ago, but it said they can also take your license for up to ten years and throw you in prison for a while too.

 

[PressurEngr]

this is a very good reason not to stop

 

[VirtualSVT]

I don't think it passed yet.

 

[FordSVTFan]

this is a very good reason not to stop

And when caught, get charged with a felony.

 

[Steeda30]

And when caught, get charged with a felony.

Do you think this punishment fits the crime?

I think a heavy fine and 6 points on the license would be appropriate, but confiscating the vehicle seems excessive.

I would hope the officer would take into consideration the road/traffic conditions at the time of the offense.

Traveling 30 over on a visibly empty roadway is substantially different than driving that speed in in traffic, do you agree?

 

[Midnight Venom]

s 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.

 

[03cobramanIII]

*removed by moderator - post constructively or dont waste the bandwidth*

 

[frankin]

Do you think this punishment fits the crime?

I think a heavy fine and 6 points on the license would be appropriate, but confiscating the vehicle seems excessive.

I would hope the officer would take into consideration the road/traffic conditions at the time of the offense.

Traveling 30 over on a visibly empty roadway is substantially different than driving that speed in in traffic, do you agree?

I agree. I also wonder where the money goes from the vehicle confiscation.
I understand that there needs to be punishment for breaking the law, but this does seem a bit extreme.

It would really suck if you had a loan on the vehicle.

 

[CraigsSnake]

I don't think its too bad, obviously nothing else has worked so it just makes punishments get worse. If everyone is so worried about it then don't go 30 over, thats pretty simple. Besides they will just give a few the max punishment to make an example and then thats it. Most (and I said most) people who drive crotchrockets are douchbags and need this to happen to them anyways. It seems like they are always going 30+ over. Now in cars I'm sure no one on here drives 30+ over very often, probably 1 a month if even that. So just do it out on a backroad if you have too where most of the time there is no cops.

 

[Steeda30]

5 to 10 years in prison is absolutely outrageous for the crime committed.

That is what people get for vehicular manslaughter, and some don't even get that long of a sentence.

I can't believe this law was actually passed, you can guarantee that most people tagged for 30 over will be running, especially bikes, what do they have to lose? Their punishment will not be any worse for evading police. Running will only put the driver, the officer and others in more harm. What's the pursuit procedure/law in Fla?

 

[nitemarestang]

5 to 10 years in prison is absolutely outrageous for the crime committed.

That is what people get for vehicular manslaughter, and some don't even get that long of a sentence.

I can't believe this law was actually passed, you can guarantee that most people tagged for 30 over will be running, especially bikes, what do they have to lose? Their punishment will not be any worse for evading police. Running will only put the driver, the officer and others in more harm. What's the pursuit procedure/law in Fla?

varies by department. so theres no real concrete way all fls popos abide to. but im a military cop in north west florida and i think that law is dumb as shit.

 

[FordSVTFan]

The Florida legislature got tired of complaints from their constituents that motorcycles are creating a danger on the roadways. I travel I-4 and I-75 quite often (at least three times a week) for over 50 miles at a time, and at least once or twice per trip I will catch a blurr in my mirror and as it passes me, it is a motorcycle going at least 30 over. They are a danger to themselves as well as pedestrians and other drivers.

The civil penalties given out so far has had little to no impact on these particular bikers. The point is you arent accidently or unknowingly traveling at 30+ over the limit. At those speeds on two wheels a biker cant stop in time to avoid emergencies. The law now applies the same to cars. I have no problem with it. Even in a 35 mph zone, you shouldnt be doing 65+.

 

[prostkr]

I read the staff analysis and the amendment and don't see where it includes all vehicles. It says there was one amendment, a "strike-all" amendment that creates a tiered penalty - confiscation occurs only after a third offense.
IANAL, so I could be totally reading this wrong. Found it here: [www.myfloridahouse.gov]
here's the staff analysis posted on the link:
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 mounted.


This was copied from another board....seems there is a bit more to the law then what was originaly posted. I am not a Leo, so im in no way an expert.