HB 137

1
A bill to be entitled
2An act relating to offenses committed while operating a
3motorcycle; creating s. 316.1926, F.S.; providing
4additional penalties for certain offenses committed by a
5person operating or in actual physical control of a
6motorcycle; requiring that the person be taken into
7custody; providing for seizure and forfeiture of the
8motorcycle; providing for revocation of the person's
9privilege to operate a motorcycle; providing an effective
10date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 316.1926, Florida Statutes, is created
15to read:
16     316.1926  Motorcycle offenses.--
17     (1)  When a law enforcement officer charges a person with
18reckless driving in violation of s. 316.192 or exceeding the
19speed limit by 30 miles per hour or more in violation of s.
20316.183(2), s. 316.187, or s. 316.189 while operating or in
21actual physical control of a motorcycle, the officer shall
22arrest the person, take him or her into custody, and seize the
23motorcycle, which shall be subject to forfeiture under the
24Florida Contraband Forfeiture Act.
25     (2)  Upon conviction, in addition to any other penalty
26provided by law, the court shall revoke the person's
27authorization and privilege to operate a motorcycle for a period
28of 10 years and order the person to surrender his or her
29driver's license.
30     (a)  If the person holds a Class A, Class B, or Class C
31driver's license, the department shall issue a replacement
32license, valid for the remainder of the person's unexpired
33license period, without the endorsement to operate a motorcycle.
34     (b)  If the person holds a Class E driver's license that is
35not restricted to motorcycle operation only, the department
36shall issue a replacement license, valid for the remainder of
37the person's unexpired license period, without the authorization
38to operate a motorcycle.
39     (3)  Revocation of the privilege to operate a motorcycle
40under this section shall not prohibit or restrict the issuance
41or renewal of a driver's license for purposes other than the
42operation of a motorcycle.
43     Section 2.  This act shall take effect October 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.