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