Florida House Bill 137

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As reprinted from www.abateflorida.com

Effective June 16, 2009

The Govenor has signed the Reversal of the "Horizontal Tag" Bill that previously restricted vertical license plates on motorcycles. 

The Unlawful Speeding Violations Are Still Present In The Law.

CS/CS/SB 1100 Department of Highway Safety & Motor Vehicles {CPSC}: The Bill that removes the "horizontal" wording of the motrocycle tag was signed by Officers and presented to the Govenor on 06/08/09.  Following is the wording as it applies to motorcycles;

"Section 4. Subsection (3) of section 316.2085, Florida Statutes, is amended to read:

316.2085  Riding on motorcycles or mopeds.

The license tag of a motorcycle or moped must be permanently affixed to the vehicle and may not be adjusted or capable of being flipped up.  No device for or metod of concealing or obscuring the legibility of the license tag of a motrocycle shall be installed or used."

Click the following link for the same information presented by the Florida Dept. of Highway & Motorcycle Vehicles (4th item down, F.S.S  316.2085(3))

http://www.flhsmv.gov/Leg2009.htm

 

 

 

Effective October 1, 2008

 

Florida has enacted a new law effective October 1, 2008, that has SEVERE penalties for the following:

 

Ø      Front wheel losing contact with the ground

Ø      50 mph over the speed limit

Ø      License Plates mounted in any way other than horizontal and on the fender.

Ø      First offense       =  $1,000.00 fine

Ø      Second offense =  $2,500.00 fine (1 yr. loss of license)

Ø      Third offense      =  $5,000.00, Third degree felony, (10yr. loss of license.)

 

 

CHAPTER 2008-117

 

Council Substitute for House Bill No. 137

 

An act relating to operating a motor vehicle; creating s. 316.1926, F.S.;

creating additional offenses regarding motor vehicle operation;

amending s. 316.2085, F.S.; 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;

amending s. 318.14, F.S.; providing additional penalties for certain

offenses; providing for a specified fine and revocation of the person’s

privilege to operate a motor vehicle; providing an effective date.

 

Be It Enacted by the Legislature of the State of Florida:

 

Section 1. Section 316.1926, Florida Statutes, is created to read:

 

316.1926 Additional offenses.—

 

(1) A person who violates the provisions of s. 316.2085(2) or (3) shall be

cited for a moving violation, punishable as provided in chapter 318.

 

(2) A person who exceeds the speed limit in excess of 50 miles per hour

or more in violation of s. 316.183(2), s. 316.187, or s. 316.189 shall be cited

for a moving violation, punishable as provided in chapter 318.

 

Section 2. Subsection (2) of section 316.2085, Florida Statutes, is

amended, subsections (3) through (6) of that section are renumbered as

subsections (4) through (7), respectively, and a new subsection (3) is added

to that section, to read:

 

316.2085 Riding on motorcycles or mopeds.—

 

(2) A person shall ride upon a motorcycle or moped only while sitting

astride the seat, with both wheels on the ground at all times, facing forward,

and with one leg on each side of the motorcycle or moped. However, it is not

a violation of this subsection if the wheels of a motorcycle or moped lose

contact with the ground briefly due to the condition of the road surface or

other circumstances beyond the control of the operator.

 

(3) The license tag of a motorcycle or moped must be permanently affixed

horizontally to the ground and may not be adjusted or capable of being

flipped up.

 

Section 3. Subsection (13) is added to section 318.14, Florida Statutes, to

read:

 

318.14 Noncriminal traffic infractions; exception; procedures.—

 

(13)(a) A person cited for a violation of s. 316.1926 shall, in addition to

any other requirements provided in this section, pay a fine of $1,000. This

fine is in lieu of the fine required under s. 318.18(3)(b), if the person was

cited for violation of s. 316.1926(2).

 

(b) A person cited for a second violation of s. 316.1926 shall, in addition

to any other requirements provided in this section, pay a fine of $2,500. This

fine is in lieu of the fine required under s. 318.18(3)(b), if the person was

cited for violation of s. 316.1926(2). In addition, the court shall revoke the

person’s authorization and privilege to operate a motor vehicle for a period

of 1 year and order the person to surrender his or her driver’s license.

 

(c) A person cited for a third violation of s. 316.1926 commits a felony of

the third degree, punishable as provided in s. 775.082, s. 775.083, or s.

775.084. Upon conviction, the court shall impose a fine of $5,000, revoke the

person’s authorization and privilege to operate a motor vehicle for a period

of 10 years, and order the person to surrender his or her driver’s license.

 

Section 4. This act shall take effect October 1, 2008.

 

Approved by the Governor June 10, 2008.

 

Filed in Office Secretary of State June 10, 2008.

 

Ch. 2008-117 LAWS OF FLORIDA Ch. 2008-117

 

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

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