Very Important Florida Motorcycle Legislature Alert

Freedom Fighter (Member Hall Of Fame) alerts you about Florida Senate (which includes confiscation of vehicle for traffic offense).  Rogue requests that all concerned motorcycle riders Florida Legislators and request that Senate Bill 802 NOT BE ALLOWED TO BECOME LAW. There is also Senate that relates to racing on the street. Realizing that this has been a problem much of the bill is understandable. But upon close inspection, starting on line 235 and specifically on line 238 it says “Seized and Forfeited’.
We are against the state taking a person’s personal property for motor vehicle violations. We feel that this opens the door to overzealous actions by some in law enforcement for personal or departmental financial gain. Citizens should insist that any law that includes confiscation and or forfeiter also include that the agency and that agency’s personal cannot profit in Any Way for doing it.  With the budget problems that are being discussed at the capitol it appears that some legislators are trying to raise funds and or supplement some department’s income by the confiscation of personal property.  Even though the confiscation of a motorcycle in the bill has been removed, there are still many discrepancies in it.  For more information you also Rogue at: [email protected]

7 Responses to “Very Important Florida Motorcycle Legislature Alert”

  1. 1 Nicker Apr 13th, 2008 at 9:46 pm

    Just sent the following to the Florida Legislature:

    As a motorcyclist with almost 50 years of operating experience, let me suggest that requiring an operator “… to maintain both wheels on the ground at all times…” would be like requiring an automobile driver to “maintain wheel traction at all times.”

    There will be instances when, during the normal operation of such vehicles, these requirements are not within the control of the operator.

    I’m sure Florida, like most states, already has legislation to manage “extraordinary” vehicle operations. I don’t believe any additional legislation is required. Simply apply existing law.

    The precedent you set with such legislation is unwarranted.

    Thank you for your consideration.

  2. 2 Apr 14th, 2008 at 8:55 am

    Actually I reqiest that all three bills Not Become Law.
    I have had people tell me that there are groups of motorcycle people who handle that kind of thing.
    That may be so but in the case of ABATE of Florida their numbers are low and the amount of members who are actually there for legislatve and not the partying is low. I do believe that most members of ABATE are doing what they consider right.
    It is the function of the Motorcycle Rights Organizations to inform the riders what is pending and request they their elected officials. This is not always what happens.
    I and many othere are in favor of enhansement laws that would add penalties to crashe and collision offenses if certain requirements are met BUT as in the case of Senate Bill 1992 that includes a line that many might miss about seisure and forfeit of a persons property (Vehicle) this is not acceptable.There
    Many times bills are read quickly and sound good and somewhere in it is a line that makes the bill unacceptable. That should include any bill that wants to take a persons personal property for a traffic offense.
    Realize that there are people with their own agenda speaking to law makers and not necessarily saying what you want. They may be close or may be willing to accept a consfication clause to get a enhansement clause accepted.
    I personally do not think it is to much to ask that you write a letter to protect your rights.
    If you do not know who your elected officials are that information is readibly available on the internet or from the AMA.

  3. 3 Apr 14th, 2008 at 9:59 pm

    There’s a law in Californication that if you’re caught driving any vehicle without insurance will result in immediate impounding of said vehicle for a mandatory 30 days. You’ll end up with a towing and storage bill well in excess of $1000 (probably even more than $1500 now).

    It’s obvious to any clear thinking individual that this law is written poorly to say the least as it doesn’t so much as deter people from driving without insurance as it punishes those without insurance. What I mean is, if the intent (object) was to mandate insurance then they’ve failed as this is effective only after the fact. A more effective approach would be to require insurance when registering (or renewing) the vehicle’s license…MANY other states do this.

    Bottom line is that it appears that the current law is intended only as punishment and an income generator (many vehicles go unclaimed and are auctioned off with the money going to the city). Either way, they’re getting paid and society is getting screwed. So what else is new? Stop the world, I wanna get off.

  4. 4 Apr 15th, 2008 at 7:37 am

    Senate Bill 1992 also has a section in it that states all license plates must be mounted horizontally.
    I am not sure what that has to do with a bill about racing other than it is a way to sneak something by the public.
    Many of those that are for enhansement laws are willing to accept things like this to get what they want.
    If you have a vertical mounted taillight on your motorcycle you may want to consider commenting on this.
    Look at all proposed legislation to see what they try to sneak in it.

  5. 5 Apr 15th, 2008 at 8:39 am

    I just recieved this from Bruce Arnold on Florida Senate Bill 1992

    This is a long and complicated piece of legislation, but I strongly urge you to take a long and hard look at ALL of its provisions before deciding whether to support or oppose it. YES, the bill does include “… enhanced penalties for moving violations that cause injury or death to a person on a motorcycle”, specifically…

    “318.195 Enhanced penalties for moving violations causing injury or death to motorcyclists.– (1) A person who is convicted of a moving violation that causes serious bodily injury, as defined in s. 316.1933(1)(b), to another person on a motorcycle commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, shall pay a fine of not less than $500, shall serve a minimum of 30 days’ imprisonment, and shall be required to attend a driver improvement course. In addition, the court shall revoke the person’s driver’s license for at least 30 days. (2) A person who is convicted of a moving violation that causes or contributes to causing the death of another person on a motorcycle commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, shall pay a fine of at least $1,000, shall serve a minimum term of 90 days’ imprisonment, and, in lieu of s. 322.0261, shall be required to attend an advanced driver improvement c!
    ourse. In addition, the court shall revoke the driver’s license of a person so convicted for 1 year. (3) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law.”

    …BUT, also included are increased fees for motorcyclists and virtually ALL of the draconian provisions of HB-137 and SB-802 other than seizure, including “…requiring an operator of a motorcycle or moped to maintain both wheels on the ground at all times; … requiring that the license tag of a motorcycle or moped be affixed horizontally; [and] providing additional penalties for certain offenses involving the operation of a motorcycle or excessive speed.” And if that’s not enough to give you pause, TAKE A LOOK AT THIS PROVISION:

    “Section 5. Whoever willfully displays on a vehicle an obscene word, image, or device, including, but not limited to, reproductive glands, commits a noncriminal traffic violation, punishable as a moving violation as provided in chapter 318, Florida Statutes.”

    OK, so the good ole boys with “Piss on Ford/Chevy/Whoever” decals in the rear windows of their pickups will have to either break out their razor blades or risk the points. But does it end there? NOPE. The word “obscene” is not specifically defined … which means this penalty could be arbitrarily applied … based solely upon the subjective moral code of the officer making the charge:

    * What if his definition of obsene is “Offensive to morality or decency; indecent; depraved”? Does that mean scraping the F-T-W sticker off your windshield?

    * Or, what if he defines obscene as “Offensive to accepted standards of decency or modesty”? Does that mean you’ll have to lose the loose-looking lady custom-painted on your tank?

    * And what if he defines obscene more broadly as “Offensive to the senses, or to taste and refinement.” Does that mean you’ll have to wrench off all your bolt-on chrome skulls until you reach the Georgia line?

    This all may sound silly to some of you. But I urge you to recognize that this provision carries with it the serious threat of arbitrary application of a subjective standard … one which could easily be used by anti-biker LEOs and others to penalize motorcycle riders solely on the basis of our lifestyle. So I ask you once again:


    Contact your State Senator and let them know:
    Contact your State Representative and let them know:

  6. 6 Nicker Apr 15th, 2008 at 3:26 pm

    “…Section 5. Whoever willfully displays on a vehicle an obscene word, image, or device, including, but not limited to, reproductive glands, commits a noncriminal traffic violation, punishable as a moving violation a….”

    Hell, some people view my very “persona” and existence as obscene and offensive.
    In some instances, a perspective i’ll admit to instigating ….. And a response in which i always revel.

    Zat-mean i’m illegal in Florida?………….. 🙂
    (a purely rhetorical question)


  7. 7 Jan 9th, 2009 at 11:45 pm

    No longer a bill but passed into law.

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