Florida Senate - 2009                                     SB 968
       
       
       
       By Senator Garcia
       
       
       
       
       40-00790-09                                            2009968__
    1                        A bill to be entitled                      
    2         An act relating to injuries to persons riding
    3         motorcycles; creating s. 318.195, F.S.; providing that
    4         a person who is convicted of a moving violation that
    5         causes or contributes to causing serious injury to or
    6         the death of a person riding a motorcycle commits a
    7         misdemeanor offense; requiring that the offender pay a
    8         specified fine, serve a minimum period of
    9         incarceration, and attend a driver improvement course;
   10         requiring the court to revoke the person's driver's
   11         license for a specified period; providing criminal
   12         penalties; providing that the act does not prohibit
   13         the offender from being charged with, convicted of, or
   14         punished for any other violation of law; providing an
   15         effective date.
   16         
   17  Be It Enacted by the Legislature of the State of Florida:
   18         
   19         Section 1. Section 318.195, Florida Statutes, is created to
   20  read:
   21         318.195 Enhanced penalties for moving violations causing
   22  injury or death to motorcyclists.—
   23         (1) A person who is convicted of a moving violation that
   24  causes serious bodily injury, as defined in s. 316.1933, to a
   25  person riding on a motorcycle commits a misdemeanor of the
   26  second degree, punishable as provided in s. 775.082 or s.
   27  775.083, and shall pay a fine of not less than $500, serve a
   28  minimum of 30 days of incarceration, and attend a driver
   29  improvement course. The court shall also revoke the person's
   30  driver's license for not less than 30 days.
   31         (2) A person who is convicted of a moving violation that
   32  causes or contributes to causing the death of a person riding on
   33  a motorcycle commits a misdemeanor of the first degree,
   34  punishable as provided in s. 775.082 or s. 775.083, and shall
   35  pay a fine of not less than $1,000, serve a minimum of 90 days
   36  of incarceration, and, in lieu of the requirements of s.
   37  322.0261, attend an advanced driver improvement course. The
   38  court shall also revoke the person's driver's license for not
   39  less than 1 year.
   40         (3) This section does not prohibit a person from being
   41  charged with, convicted of, or punished for any other violation
   42  of law.
   43         Section 2. This act shall take effect July 1, 2009.