[dealsgapdragon]

This Florida House Bill 137 has NOT been passed into law. Not for bikes and not for cars.

HB137 passed in a House committee, 9 votes to 1 vote against, but has been heavily modified on March 13 (no text provided). It has not been voted on by the House Legislature.

There is no equivalent Senate Bill, which only allows temporary confiscation for reckless driving on a bike. So this House Bill can never become a law without the Senate writing a similar law and voting on it.

Florida Bill HB 137, before the all-vehicles amendment on March 13:

HB 137 - Offenses Committed While Operating a Motorcycle

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.

Florida ABATE is reporting on the status of this bill, and is allegedly trying to fight it. You can bet that similar laws are secretly infiltrating all other states. Eternal vigilance is required to defend liberty.

The Florida House committee has now modified this bill on March 13, 2008 (no text provided):

HB137 HOUSE OF REPRESENTATIVES STAFF ANALYSIS

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.

Note that "accidental" wheelies are allowed...

Current 2007 Florida Statutes. MOTOR VEHICLES, CHAPTER 316

2007 Florida Statutes. 316.183 Unlawful speed.

(7) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

Proposed Florida HB 93 - Exceeding the Speed Limit in Residential Zones

For speed exceeding the limit by:..............Fine:
30 m.p.h. and above...............................$250
$500 fine on toll roads (somebody got paid a bribe)
Effective Date: October 1, 2008.

Proposed Florida HB 115 - Motor Vehicles Used to Flee From or Elude a Law Enforcement Officer

The court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 3 years imprisonment.

The court shall revoke, for a period not less than 1 year nor exceeding 5 years, the driver's license of any operator of a motor vehicle convicted of a violation.

Any motor vehicle involved in a violation of this 150 section is deemed to be contraband, which may be seized by a law 151 enforcement agency and is subject to forfeiture.

I remember driving on Florida toll roads with an 85 mph speed limit, and no speed traps, when gas was $1/gallon. I also remember driving on the German Autobahn at 130 mph with commuter traffic cruising at 130 mph to over 200 mph, for hours at a time, 100% legal, where gas is now $10/gallon.

"Mr. Speaker, my subject today is whether America is a police state. If we are, what are we going to do about it? Most police states, surprisingly, come about through the democratic process with majority support. The masses are easily led to believe that security and liberty are mutually exclusive, and demand for security far exceeds that for liberty. Our government already keeps close tabs on just about everything we do and requires official permission for nearly all of our activities. One might take a look at our Capitol for any evidence of a police state. We see: barricades, metal detectors, police, military soldiers at times, dogs, ID badges required for every move, vehicles checked at airports and throughout the Capitol. The people are totally disarmed, except for the police and the criminals. But worse yet, surveillance cameras in Washington are everywhere to ensure our safety. Like gun control, people control hurts law-abiding citizens much more than the law-breakers. Centralized control and regulations are required in a police state. Not only do we need a license to drive, but we also need special belts, bags, buzzers, seats and environmentally dictated speed limits. Or a policeman will be pulling us over to levy a fine, and he will be toting a gun for sure. Let's reject the police state."
—Congressman Dr Ron Paul MD (R-TX, GOP candidate for president in 2008, 1988 Libertarian Party candidate for President, speech in House of Representatives, United States Congress, Are We Doomed To Be a Police State? June 27, 2002

Is America a nation of slaves, or are we free to travel? Will we fight for our rights, or cower under the North American Soviet Union merger of USA with Communist Canada and Fascist Mexico? Will we waiver our constitutions in exchange for the 6th Plank of the Communist Manifesto: "Govt control of communications and transporation"?