American Motorcycle Association issues Action Alert for SB968 and HB1161

Florida Legislation

03/02/2009 Action Alert - Important Bills Filed in Florida Legislature

Two bills in the legislature should be of interest to all motorcyclists in Florida.

Senate Bill 968, sponsored by Senator Rudy Garcia (R- Hialeah), was filed on January 26 and referred to the following Senate committees on February 5: Criminal Justice; Judiciary; Criminal and Civil Justice Appropriations; and Rules.  SB-968 provides enhanced penalties for anyone convicted of a moving violation that causes or contributes to causing serious bodily injury to, or the death of, a person riding a motorcycle.

House Bill 1161, sponsored by Representative Greg Evers (R-Baker), was filed on February 25.  HB-1161 provides criminal penalties for anyone who commits a moving violation that causes serious bodily injury to, or causes or contributes to the death of, a person operating or riding in a motor vehicle or operating or riding on a motorcycle.

The penalty provisions in SB-968 and HB-1161 are the same.

Anyone convicted of causing serious bodily injury would be subject to:
•    a fine of not less than $500,
•    a minimum of 30 days of incarceration,
•    mandatory attendance in a driver improvement course,
•    revocation of the offender’s driver’s license for not less than 30 days.

Anyone convicted of causing death would be subject to:
•    a fine of not less than $1,000,
•    a minimum of 90 days of incarceration,
•    mandatory attendance in a driver improvement course,
•    and revocation of the offender’s driver’s license for not less than one year.

Take a few minutes to contact your state representative and senator to show your support of these bills.  Use the “Find Your Legislators” feature on the Florida Senate website to obtain contact information for your elected officials.

When contacting your elected officials, consider the following talking or message points:
•    All roadway users, but especially motorcyclists, pay a significant price for the distracted, inattentive, negligent, or careless driving behaviors of other vehicle operators.
•    Current penalties are not tough enough to deter or punish violators who injure or killed other roadway users.
•    Law enforcement, prosecutors and the courts need new tools such as SB-968 and HB-1161 in their fight to reduce preventable traffic crashes.

Make your voice heard by supporting SB-968 and HB-1161 NOW – contact your elected officials TODAY.

Letter to American Motorcycle Association Re: SB 968 and HB11

Mr. Imre F. Szauter
Government Affairs Manager
American Motorcyclist Association
13515 Yarmouth Drive
Pickerington, OH 43147-8214
1 (800) AMA-JOIN
1 (614) 856-1900, ext. 1125

Mr. Szauter

Last week Florida Representative Evers office filled HB 1161 as promised. This is the companion Bill to Senator Garcias SB 968
which we discussed in a communication dated 02-10-09. Have yet to see the posting in the Florida State Watch area or an action alert
go out ?

Now that SB968 has a companion bill the task is going to be to get these bills heard and passed through their respective committee's.
Time is of the essence. Although we know that ABATE of Florida is working on these bills and B.O.L.T. (Bikers of Lessor Tolerance) supports them,
we are concerned that the General Florida Motorcycling public is still uninformed as to the the legislative status of these bills. We again request your
support in getting the word out on this important legislation.

HB1161
http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=41439&SessionId=61

by Representative Greg Evers
http://www.myfloridahouse.gov/Sections/Representatives/details.aspx?MemberId=4247&SessionId=61

SB 0968
http://www.flsenate.gov/session/index.cfm?BI_Mode=ViewBillInfo&Mode=Bills&ElementID=JumpToBox&SubMenu=1&Year=2009&billnum=968

by Senator Garcia
http://www.flsenate.gov/Legislators/index.cfm?Members=View+Page&District_Num_Link=040&Submenu=1&Tab=legislators&chamber=Senate&CFID=128004285&CFTOKEN=41509860






GENERAL BILL by Evers
Traffic Offenses: Provides criminal penalties for person convicted of moving violation that causes or contributes to causing serious injury to or death of person operating or riding in a motor vehicle or operating or riding on a motorcycle; requires offender to pay specified fine, serve minimum period of incarceration, & attend driver improvement course; requires court to revoke person's driver's license for specified period; provides that act does not prohibit offender from being charged with, convicted of, or punished for any other violation of law.
Effective Date: October 1, 2009

Last Event: Filed on Wednesday, February 25, 2009 12:59 PM




Related Bills:

Bill # Subject Relationship
SB 968 Motorcycles/Injuries or Death to Riders [SPSC] Similar
Bill Text:

Original Filed VersionAdd to Technorati Favorites

FL HB1161 by Rep Evers calling for stiffer penalties for those who injure or kill motorcyclists filed

The companion bill to Senator Garcias SB968 has now been filed. It is HB1161 filed by representative Evers and reads as follows:


HB 1161

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

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

and can be found here: http://www.flsenate.gov/session/index.cfm?Mode=Bills&Submenu=1&BI_Mode=ViewBillInfo&Billnum=1161&Year=2009

A note thanking Representative Evers office for filing the bill may be in order.
http://www.myfloridahouse.gov/Sections/Representatives/details.aspx?MemberId=4247&SessionId=61
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