30 over law gets maybe a killer.

[Suicide King]

This one's only for bikes but if it passes sports cars will be next.

I don't think it will pass but look out if it does.



HB 137 2008
CODING: Words stricken are deletions; words underlined are additions.
hb0137-00
Page 1 of 2
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 1
An act relating to offenses committed while operating a 2
motorcycle; creating s. 316.1926, F.S.; providing 3
additional penalties for certain offenses committed by a 4
person operating or in actual physical control of a 5
motorcycle; requiring that the person be taken into 6
custody; providing for seizure and forfeiture of the 7
motorcycle; providing for revocation of the person's 8
privilege to operate a motorcycle; providing an effective 9
date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
13
Section 1. Section 316.1926, Florida Statutes, is created 14
to read: 15
316.1926 Motorcycle offenses.-- 16
(1) When a law enforcement officer charges a person with 17
reckless driving in violation of s. 316.192 or exceeding the 18
speed limit by 30 miles per hour or more in violation of s. 19
316.183(2), s. 316.187, or s. 316.189 while operating or in 20
actual physical control of a motorcycle, the officer shall 21
arrest the person, take him or her into custody, and seize the 22
motorcycle, which shall be subject to forfeiture under the 23
Florida Contraband Forfeiture Act. 24
(2) Upon conviction, in addition to any other penalty 25
provided by law, the court shall revoke the person's 26
authorization and privilege to operate a motorcycle for a period 27
HB 137 2008
CODING: Words stricken are deletions; words underlined are additions.
hb0137-00
Page 2 of 2
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
of 10 years and order the person to surrender his or her 28
driver's license. 29
(a) If the person holds a Class A, Class B, or Class C 30
driver's license, the department shall issue a replacement 31
license, valid for the remainder of the person's unexpired 32
license period, without the endorsement to operate a motorcycle. 33
(b) If the person holds a Class E driver's license that is 34
not restricted to motorcycle operation only, the department 35
shall issue a replacement license, valid for the remainder of 36
the person's unexpired license period, without the authorization 37
to operate a motorcycle. 38
(3) Revocation of the privilege to operate a motorcycle 39
under this section shall not prohibit or restrict the issuance 40
or renewal of a driver's license for purposes other than the 41
operation of a motorcycle. 42
Section 2. This act shall take effect October 1, 2008. 43

[coolassbrad]

did this law pass? looks like we'll see more high speed chasesi love a good chase as much as the next guy unfortunately they will be at the expense of some kids life.but hey the state will have bikes to auction off and with the money they can vote themselves a raise and get a pat on the back

i love my country but fear my government

[Rich Z]

I'm not real fond of forfeiture clauses in laws. It tends to turn law enforcement into the appearance of being mercenaries, able to reap the "rewards" of the booty they can confiscate in the performance of their duties. In a perfect world, this would be no problem, since we ALL want to see the bad guys caught and punished, but it certainly raises the possibility of abuses and corruption. The picture becomes blurred when the definition of "bad guy" just might include YOU.

And it certainly does twist the Fourth Amendment quite a bit in order to put that foot into the shoe....

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Who decides what is "reasonable"? Is an arbitrarily chosen speed limit really grounds to forcibly take someone's personal property from them (you will have to go to court and WIN in order to get it BACK), then auction it off to use the proceeds towards the enforcement agency that made the arrest? Will promotions then be made (further monetary incentive) based on the officers who were able to bring in the most loot, er confiscations? Is putting a monetary incentive towards law enforcement in this manner really a good idea? Do we really want to turn law enforcement into a financial incentive based business? Would anyone REALLY want to live in an area where a substantial portion of the law enforcement budget is paid for mostly by goods confiscated from the population?

Hell, if you are going 35 mph over the speed limit and find a cop on your tail, are YOU going to pull over knowing you will be going to jail and your vehicle will be forcibly taken from you? Yeah, high speed chases will be the rule rather than the exception. The cost of voluntarily surrendering will be WAY too high. Getting a hefty ticket and fine is one thing, but if the stakes are too high, the rules of engagement will change.

IMHO, of course.

[Shadow]

Originally Posted by coolassbrad

did this law pass? looks like we'll see more high speed chasesi love a good chase as much as the next guy unfortunately they will be at the expense of some kids life.but hey the state will have bikes to auction off and with the money they can vote themselves a raise and get a pat on the back

i love my country but fear my government

We've gotten stupid with our laws! We need to vote or throw these kneejerk knuckleheads out of office and get a new crop

I agree that sport bikes are becoming a problem, and that they are thier own worse enemy, but this little piece of legislation sets a terrible precedent.
1st, the term "shall" removes all discretion from the officer. It also allows the officer to blame his/her unreasonable actions on the state

And where did this arbitrary "30" come from? What makes it so much more deadly than 25 or 28?

If this legislation is allowed to pass and enter statute, it's only a matter of time before you and I feel the pinch of big brother in the drivers seat.

This is just where other bad legislation came from.

And yes, with the threat of jail, impoundment and siezure, there will be more unnecessary pursuits for "traffic" offenses which unduly endanger the public

Of course, they'll now be pursuing for "criminal" charges, which will make it ok

[Shadow]

I'm not real fond of forfeiture clauses in laws. It tends to turn law enforcement into the appearance of being mercenaries, able to reap the "rewards" of the booty they can confiscate in the performance of their duties.

Look at the "DARE" cars and some of the other LE vehicles on the road. It's long been the case that in many jurisdictions, if an officers "snagged" a specifically interesting vehicle that could be used on the street, it went to them, marked and the works.

[85vette]

Our "Dare" car is a Cadillac Escalade. And it says on the rear fenders " This vehicle was seized from a drug dealer". Also, some years ago the Florida Highway Patrol had a C4 that was seized from a car dealership (for rolling back the mileage) and painted the traditional black and yellow FHP colors. The investigator in that case was awarded use of the Vette to patrol I-75. Now that had to be a blast! (Although I wouldn't want to do thirty or forty traffic stops a day in one) I can just see the look on some guys face when he looks in the rearview and sees an LED lightbar lit up on top of what he thought was a black Corvette!

[SteveK]

This is exactly why OJ drove him White Bronco at a slow pace. It didn't want to have to surrender it.

[vett boy]

Originally Posted by SteveK

This is exactly why OJ drove him White Bronco at a slow pace. It didn't want to have to surrender it.

Ya know I watched OJ live on CNN ,he was driving in the direction of his home at 55 mph (actually he was in the back seat ) by the time CNN reported it on the eve news it was a high speed get-away.I'm no fan of OJ's for the record.

As far as the new potential law,I agree it'll increase high speed chases and will not solve the problem.

[Suicide King]

Right now it is only a House Bill, so don't bother writing to the state senator, just write your state representative. If your representative is Lopez-Cantera assure him you plan to vote against him in the next election.

http://www.flsenate.gov/Legislators/...TOKEN=28914917

I’ve already seen a blue Yamaha R1 race bike cop on the road pulling other riders over. They never knew what hit them.
I don’t know how they got it but they have a few cool looking cop bikes now.

I also think an SUV doing 30 over will do more damage then a bike but then again, you don’t see that many SUV’s out running the cops with the exception of O.J.

If this law passes you WILL see more deaths just because they WILL run for the fear of losing their ride, jail time and maybe their job.

[Rich Z]

I think the real sticking point is that the difference in just 5 mph based on what an officer says and what the driver says can make such a substantial difference in the penalty. Can a pissed off cop who WANTS your vehicle stretch the truth and there will be NOTHING you can do about it? Hmmm....

Does Florida want to get the reputation of Louisiana? -> http://www.usmarshals.gov/district/l...ets/index.html

A website solely to auction off confiscated assets? A LE forfeiture style Ebay? Anyone else get an acrid taste in their mouth thinking about this? Maybe even hints of the USA national anthem being played in the background way off key?

I've heard a bunch of horror stories about that state and I REFUSE to drive through it.

Interestingly enough, there is a website dedicated to the forfeiture laws -> http://www.fear.org/