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ADVISORY BULLETIN
Florida Association of Court Clerks/Comptrollers
REF: HB 137 (ch. 2008-117, Laws of Florida) DATE: August 20, 2008 NO: 08-058
FILE NO. F02-008-080820-01 TELEPHONE: (850) 921-0808 CONTACT: B. Allman
Effective October 1, 2008, HB 137 revises the traffic laws to create a few more penalties. This short bill was particularly focused on unsafe motorcycle activities, but it does include a provision for excessive speed. The new law also provides penalties for the first, second, third or subsequent violations. The Distribution Chart found on the FACC website will be updated to reflect the amounts for the first and second offenses in the Traffic section. The third and subsequent offense is classified as a third degree felony with a $5,000 fine and will appear in the Criminal Traffic section of the chart.
New Violations:
316.2085(2) Motorcycle or moped, wheels losing contact with ground
This is classified as a moving violation.
First Offense: the violator must pay $1,000 plus any other costs assessed for a moving violation. Second Offense: the violator must pay a fine of $2,500, plus any other applicable costs assessed for a moving violation. The person’s driver license must be revoked for a period of one year.
Third Offense: the violator will be charged with a third degree felony, punishable as provided in ss. 775.082, 775.083, and 775.084, a mandatory fine of $5,000, and the driver license must be revoked for a period of ten years.
316.2085(3) Motorcycle or moped license tag improperly affixed
This is classified as a moving violation.
First Offense: the violator must pay $1,000 plus any other costs assessed for a moving violation. Second Offense: the violator must pay a fine of $2,500, plus any other applicable costs assessed for a moving violation. The person’s driver license must be revoked for a period of one year.
Third Offense: the violator will be charged with a third degree felony, punishable as provided in ss. 775.082, 775.083, and 775.084, a mandatory fine of $5,000, and the driver license must be revoked for a period of ten years.
316.1926 (2) A person who exceeds the speed limit in excess of 50 mph or more in violation of ss.
316.183(2) (posted speeds), 316.187(state speed zones), or 316.189 (municipal and county speeds)
This is classified as a moving violation.
First Offense: the violator must pay a fine of $1,000 plus court costs.
Second Offense: the violator must pay a fine of $2,500 plus court costs and the driver license must be revoked for a period of one year.
Third Offense: the violator will be charged with a third degree felony, punishable as provided in ss. 775.082, 775.083, and 775.084, a mandatory fine of $5,000, and the driver license must be revoked for a period of ten years
You are going to see more states go the same route because they are all losing revenue because of things like less fuel purchases etc.
It's all about revenue! Cha ching!
One of the things I really like about driving in the U.S. is your cops don't seem to really care about everyone speeding etc...The cops here(Australia) are really big on it. We have speed cameras everywhere and you will lose points from about 3mph and over....plus huge fines. And they wonder why no-one likes them.....go figure
They also have other laws called "hoon laws"....A hoon is someone who behaves in a manner dangerous like doing burnouts or street racing for example. But they also use it for loud exhausts and other things. The penalty can be confiscaton of the vehicle well as points and severe fines etc.
During public holidays, some states double the points and fines....
Driving in the U.S. always felt like a free for all and I loved it...lol
You're right Wade, it's all about revenue.....Again, here it can be so expensive to drive....The toll on the 400 in Atlanta for example is 50c from memory....The toll to go across the "gateway bridge" on the Brisbane river here is nearly $3.00....
I remember talking with you nearly 5 years ago at Douglas GA track and we were discussing the sme things and at the time all of you were a bit shocked and all said the U.S. people wouldn't put up with those type of laws, but I guess a lot has changed in the world in the last 5 years and it now looks like you'll be copping the same crap we have been putting up with for years....and the more they impose, the more they feel they can get away with it and the more they will impose on top again!!!!.....
Welcome to the world of crazy fuel prices and law enforcement that are a law unto themselves....We're used to it, but it will be a big adjustment for "ya'll"....
You are right Wade, but it is also to try to curb guys riding down the highway standing on the seat with the front wheel pointed at the stars and riding inexcess of 100 mph trying to outrun the law.The tag flipis way out of line for the crime. That has been going on forever.
Originally Posted by frank spittle
Frank,
Are you talking about those eight second bikes you can buy off the show room floor.... [img]uploads/JoeSmith/2008-10-02_195112_fun_74.gif[/img]
[img]uploads/JoeSmith/2008-10-02_195014_bottom_of_post.jpg[/img]
Yes Joe,
Those are the bikes of choice for the guys who do these stunts. You and I did crazy things on the street but these guys arenuts.Edited by: frank spittle
Greig,
I remember well, Since then there are now 7 redlight camera's within 10 miles of my house! There is a push by some entities to get them removed because they are now producing evidence that it does not curb traffic light violations, cause's more crashes because of people jamming on the brakes and are nothing more than revenue generator's. The legislator's in my opinion are going to over turn these type device's here in the USA because there is a big PUSH against them.
Iknow some states are starting to use the speed camera's you mentioned and it's probably only going tobe a matterof time before that one big wig or senator or such gets one and it will be quickly dismantled. Wait and see!
By the way the speed camera's are coming to Georgia as well.
AAA keeps up with statistics on municipalities that make more than a certain amount (%)of their revenue from traffic violations. When it exceeds this amount the AAA red flags them with "Speed trap" label and publishes this in their brochures/news releases to make the public aware of that municipalities ploys!Edited by: Wade Clark
Yes Frank I agree with that to a point as well. There always going to be knuckleheads in all avenues to make it hard on others!
They need laws like that in the DC/ Metro area!! Cha ching! is always the penalty for irresponsibility.
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