Do Florida motorcyclists have one more chance for stiffer penalties?

 The previous post outlines how it is possible that HB1161 may have been rendered impotent. If that is the case then the following hearing on, April fools day no less, is a must for any and all bikers to show up and not allow the same to happen to the SB968.  It maybe the last chance for Florida Bikers to show up in the capital and let the Florida legislators know that you are tired of having your right of way violated and your loved ones killed while you ride to raise money for every charity known to man while suffering continued disrespect on the roads and in the legislature.  Failure to stand up now is akin to continuing to bend over and taking it.  YOU want RESPECT for not just you but any person you love who rides a motorcycle. Then now i s the time to demand it because they flat do not give a damn!

S968 GENERAL BILL by Garcia (Similar H 1161)
Motorcycles/Injuries or Death to Riders [SPSC]; Provides that a person
who is convicted of a moving violation that causes or contributes to
causing serious injury to or the death of a person riding a motorcycle
commits a misdemeanor offense. Requires that the offender pay a
specified fine, serve a minimum period of incarceration, and attend a
driver improvement course. Requires the court to revoke the person's
driver's license for a specified period, etc. EFFECTIVE DATE:
07/01/2009.
01/26/09 SENATE Filed
02/05/09 SENATE Referred to Criminal Justice; Judiciary; Criminal and Civil
Justice Appropriations; Rules
03/03/09 SENATE Introduced, referred to Criminal Justice; Judiciary; Criminal
and Civil Justice Appropriations; Rules -SJ 00073
03/27/09 SENATE On Committee agenda-- Criminal Justice, 04/01/09, 1:30 pm,
37-S

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Has Fl HB1161 (stiffer penalties for those who kill or injure motorcyclists) been gutted and if so HOW?

On March 23 we posted here

Updates Fl HB1161, Fl SB968 Stiffer penalties for those who injur or kill motorcyclists

the current status of the above bills.  And how they were not scheduled to be heard this week.  Here on March 17 we posted:

A morning at the capital, botched info, STIFFER PENALTIES, DNA bill, kiss 4th and fifth amendments goodbye

and how we had been given erroneous  information and told by the  Public Safety and  that these bills were not scheduled to be heard for at least two weeks. Our name and phone number was taken down by Rep. Evers office and Sen. Garcias office and the  Domestic Security Policy Committee with the promise to be contacted when these bills were to be next heard.

So imagine our surprise when we find this:

Public Safety & Domestic Security Policy Committee
		On agenda for: 03/27/09 8:00 AM		Notice
		Favorable With Committee Substitute (final action)		See Votes

Which has the stiffer penalties bill passing by 7 votes.  Great!  Wait a second, note the words "favorable with committee substitute."Well we have been searching for the committee substitute and at this time and date it appears difficult to find.  But we did find the following (NOTE the words highlighted in red)  and it can be found here,

 http://www.myfloridahouse.gov/Sections/Documents/publications.aspx?CommitteeId=2480&PublicationType=Committees&DocumentType=Action%20Packets&Session=2009&SessionId=61

Under action packet for 3-27-09

COMMITTEE MEETING REPORT
Public Safety 8r. Domestic Security Policy Committee
3/27/2009 8:00:00AM
Location: 404 HOB
HB 1161 : Traffic Offenses
o Favorable With Committee Substitute
Yea Nay No Vote Absentee Absentee
Yea Nay
Sandra Adams X
Janet Adkins X
Gwyndolen Clarke-Reed X
Chris Dorworth X
Luis Garcia X
Ari Porth X
John Tobia X
Juan-Carlos Planas (Chair) X
Total Yeas: 7 Total Nays: 0
Appearances:
HB 1161 Traffic Offenses by Evers
Michael Price, Legislative Director - Proponent
Abate of Florida, Inc.
3319 NW 24 Ave.
Gainesville Florida 32605
Phone: 352-359-3005
Committee meeting was reported out: Friday, March 27, 2009 12:46:20PM
Print Date: 3/27/2009 12:46 pm
Leagis ®
Page 11 of 15
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Amendment No.1 (for drafter's use only)
Bill No. 1161
COUNCIL/COMMITTEE ACTION
ADOPTED
ADOPTED AS AMENDED
ADOPTED W/O OBJECTION
FAILED TO ADOPT
WITHDRAWN
OTHER
~YN)
/N)
(Y/N)
(Y/N)
(Y/N)
ADOPTED-
1 Council/Committee hearing bill: Public Safety & Domestic
2 Security Policy Committee
3 Representative(s) Planas offered the following:
4
5
6
Amendment (with directory and title amendments)
Remove everything after the enacting clause and insert:
7 . Section 1. Section 316.027, Florida Statutes, is amended
8 to read:
9 (4) A person whose commission of a noncriminal traffic
10 infraction or any violation of this chapter or s. 1006.66 causes
11 or results in the death or serious bodily injury, as defined in
12 s. 316.1933(1), of another person shall may, in addition to any
13 other civil, criminal, or administrative penalty imposed, be
14 required by the court to complete an 8 hour driver improvement
15 course, and serve not less than 15 but not more than 120
16 community service hours in a trauma center or hospital that
17 regularly receives victims of vehicle accidents, under the
18 supervision of a registered nurse, an emergency room physician,
19 or an emergency medical technician pursuant to a voluntary
20 community service program operated by the trauma center or
21 hospital.
Page 1 of 3
HB 1161-Planas-Ol.doc
22
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Amendment No.1 (for drafter's use only)
Section 2. Section 318.14, Florida Statutes, is amended to
23 read:
24 318.14 Noncriminal traffic infractions; exception;
25 procedures.--
26 (1 ) Except as provided in ss. 318.17 and 320.07 (3) (c), any 'w
27 person cited for a violation of chapter 316, s. 320.0605, s.
28 320.07(3) (a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or
29 (3), s. 322.161(5), s. 322.19, or s. 1006.66(3) is charged with
30 a noncriminal infraction and must be cited for such an
31 infraction and cited to appear before an official. If another
32 person dies as a result of the noncriminal infraction, the
33 person cited may be required to perform ~ community service
34 hours under s. 316.027(4), in addition to any other penalties.
35
36 read:
37
Section 3. Section 318.19, Florida Statutes, is amended to
318.19 Infractions requiring a mandatory hearing.~-Any
38 person cited for the infractions listed in this section shall
39 not have the provisions of s. 318.14 (2), (4), and (9) available
40 to him or her but must appear before the designated official at
41 the time and location of the scheduled hearing:
42 (1) Any infraction which results in a crash that causes
43 the death of another;
44
45
46
47
48
49
(2 ) Any infraction which results in a crash that causes
"serious bodily injury" of another as defined in s. 316.1933(1) ;
(3 ) Any infraction of s. 316.172(1) (b);
(4 ) Any infraction of s. 316.520(1) or (2) ; or
(5) Any infraction of s. 316.183(2), s. 316.187, or s.
316.189 of exceeding the speed limit by 30 m.p.h. or more.
50. Victims of a crash that causes death or serious bodily injury as
51 provided in subsections (1) and (2) or their lawful
Page 2 of 3
HB 1161-Planas-01.doc
HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Amendment No.1 (for drafter's use only)
52 representatives, including the next of kin if the victim is
53 deceased, are entitled to the right to be informed, to be
54 present, and to be heard when relevant, at all crucial stages of
55 a judicial hearing, to the extent that these rights do not
56 interfere with the constitutional rights of the accused. The
57 state attorney, where applicable, shall consult the victim or
58 their lawful representatives about the disposition of any such
59 case.
60 Section 4. This act shall take effect July 1, 2009.
61
62 -----------------------------------------------------
63 TIT LEA MEN D MEN T
64 Remove the entire title and insert:
65 An act relating to traffic offenses; amending s. 316.027,
66 F.S.; providing minimum penalties for a person who commits
67 a traffic infraction resulting in death or severe bodily
68 injury; amending s. 318.14; making conforming 'changes;
69 adding 318.19(6), F.S.; providing for victim rights;
70 providing an effective date.
71
Page 3 of 3
HB 1161

Now compare that with the original bill:


HB 1161 2009
CODING: Words stricken are deletions; words underlined are additions.
hb1161-00
Page 1 of 2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1 An act relating to traffic offenses; creating s. 318.195, 2 F.S.; providing criminal penalties for a person who 3 commits a moving violation that causes serious bodily 4 injury to, or causes or contributes to the death of, a 5 person operating or riding in a motor vehicle or operating 6 or riding on a motorcycle; requiring that the person pay a 7 specified fine, serve a minimum period of incarceration, 8 and attend a driver improvement course; requiring the 9 court to revoke the person's driver's license for a 10 specified period; providing that the act does not prohibit 11 the person from being charged with, convicted of, or 12 punished for any other violation of law; providing an 13 effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 318.195, Florida Statutes, is created 18 to read: 19 318.195 Enhanced penalties for moving violations causing 20 injury or death.-- 21
(1) A person who commits a moving violation that causes 22 serious bodily injury, as defined in s. 316.1933, to a person 23 operating or riding in a motor vehicle or operating or riding on 24 a motorcycle commits a misdemeanor of the second degree, 25 punishable as provided in s. 775.082 or s. 775.083, and, upon 26 conviction, shall pay a fine of not less than $500, serve a 27 minimum of 30 days of incarceration, and attend a driver 28

HB 1161 2009
CODING: Words stricken are deletions; words underlined are additions.
hb1161-00
Page 2 of 2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
improvement course. The court shall also revoke the person's 29 driver's license for not less than 30 days. 30 (2) A person who commits a moving violation that causes or 31 contributes to the death of a person operating or riding in a 32 motor vehicle or operating or riding on a motorcycle commits a 33 misdemeanor of the first degree, punishable as provided in s. 34 775.082 or s. 775.083, and, upon conviction, shall pay a fine of 35 not less than $1,000, serve a minimum of 90 days of 36 incarceration, and, in lieu of the requirements of s. 322.0261, 37 attend an advanced driver improvement course. The court shall 38 also revoke the person's driver's license for not less than 1 39 year. 40 (3) This section shall 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 October 1, 2009.

Which can be found  here

Now it would appear, if I got this right and we will be at the capital next week asking "what the hell is going on" cause we think lying to constituents is at the very least an ethical violation, it looks like it went in as one animal in this document

PUBLIC SAFETY &
DOMESTIC SECURITY POLICY
COMMITTEE
FRIDAY, MARCH 27,2009
8:00 A.M. - 10:00 A.M.
(404 HOB)
REVISED 2
MEETING PACKET
Larry Cretul
Speaker
Juan-Carlos Planas

And came out a different animal.  Now we want to now how this happened and why we have been lied to.   Especially when we have made it clear from the get go our stance on this bill. And if that crap above is the actual end result. Then that is not a good thing.Add to Technorati Favorites