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ADVISORY BULLETIN Florida Association of Court Clerks/Comptrollers REF: HB 137 (ch. 2008-117, Laws of Florida) DATE: August 20, 2008 NO: 08-058 FILE NO. F02-008-080820-01 TELEPHONE: (850) 921-0808 CONTACT: B. Allman PAGE 1 OF 1 Effective October 1, 2008, HB 137 revises the traffic laws to create a few more penalties. This short bill was particularly focused on unsafe motorcycle activities, but it does include a provision for excessive speed. The new law also provides penalties for the first, second, third or subsequent violations. The Distribution Chart found on the FACC website will be updated to reflect the amounts for the first and second offenses in the Traffic section. The third and subsequent offense is classified as a third degree felony with a $5,000 fine and will appear in the Criminal Traffic section of the chart. New Violations: 316.2085(2) Motorcycle or moped, wheels losing contact with ground This is classified as a moving violation. First Offense: the violator must pay $1,000 plus any other costs assessed for a moving violation. Second Offense: the violator must pay a fine of $2,500, plus any other applicable costs assessed for a moving violation. The person’s driver license must be revoked for a period of one year. Third Offense: the violator will be charged with a third degree felony, punishable as provided in ss. 775.082, 775.083, and 775.084, a mandatory fine of $5,000, and the driver license must be revoked for a period of ten years. (new entries for Distribution Chart—see below) 316.2085(3) Motorcycle or moped license tag improperly affixed This is classified as a moving violation. First Offense: the violator must pay $1,000 plus any other costs assessed for a moving violation. Second Offense: the violator must pay a fine of $2,500, plus any other applicable costs assessed for a moving violation. The person’s driver license must be revoked for a period of one year. Third Offense: the violator will be charged with a third degree felony, punishable as provided in ss. 775.082, 775.083, and 775.084, a mandatory fine of $5,000, and the driver license must be revoked for a period of ten years. (new entries for Distribution Chart—see below) 316.1926 (2) A person who exceeds the speed limit in excess of 50 mph or more in violation of ss. 316.183(2) (posted speeds), 316.187(state speed zones), or 316.189 (municipal and county speeds) This is classified as a moving violation. First Offense: the violator must pay a fine of $1,000 plus court costs. Second Offense: the violator must pay a fine of $2,500 plus court costs and the driver license must be revoked for a period of one year. Third Offense: the violator will be charged with a third degree felony, punishable as provided in ss. 775.082, 775.083, and 775.084, a mandatory fine of $5,000, and the driver license must be revoked for a period of ten years. (new entries for Distribution Chart—see below). ADVISORY BULLETIN 08-058 PAGE 2 New entries for the Distribution Chart are as follows: Civil Traffic First Violation: Motorcycle/Moped –Wheels Off Ground or Tag --First Offense 316.2085(2) or (3) 4 LIABILITY COURT FACILITIES FUND (BOCC) optional with county ordinance $15.00 C/M 318.18(13)(a) 4 LIABILITY LAW ENFORCEMENT EDU (BOCC) Optional with ordinance $ 2.00 C/M 938.15/318.18(11)(d) 3 LIABILITY ADDITIONAL COURT COST CLEAR $ 3.00 C/M 318.18(11)(d) 2 or 4 348-530 LIABILITY ADDIT’L COURT COST-CLERK or Co. if directed $ 2.50 CM 318.18(11)(d) 2 348-530 COURT COSTS $30.00 C/M 318.18(11)(a) 1 LIABILITY CLERK OF COURT T.F./DOR/GEN FUND $ 5.00 C/M 318.18(11)(a) 1 LIABILITY ADMIN FEE/CLERK OF COURT T.F./DOR./GEN FUND $ 12.50 S/M 318.18(18) 3 LIABILITY STATE RADIO SYSTEM SURCHARGE $ 3.00 S/M 318.18(7) BASE FINE $ 60.00 P/M 318.18(3)(a) ADDITIONAL FINE $1,000 P/M 318.14(13)(a) $1,133 The break out, or distribution, of the $1,000 is the same as the $60. Excessive Speed—Over 50 mph --First Offense 316.1926 4 LIABILITY COURT FACILITIES FUND (BOCC) optional with county ordinance $15.00 C/M 318.18(13)(a) 4 LIABILITY LAW ENFORCEMENT EDU (BOCC) Optional with ordinance $2.00 C/M 938.15/318.18(11)(d) 3 LIABILITY ADDITIONAL COURT COST CLEAR $3.00 C/M 318.18(11)(d) 2 or 4 348-530 LIABILITY ADDIT’L COURT COST-CLERK or Co. if directed $2.50 CM 318.18(11)(d) 2 348-530 COURT COSTS $30.00 C/M 318.18(11)(a) 1 LIABILITY CLERK OF COURT T.F./DOR/GEN FUND $5.00 C/M 318.18(11)(a) 1 LIABILITY ADMIN FEE/CLERK OF COURT T.F./DOR./GEN FUND $12.50 S/M 318.18(18) 3 LIABILITY STATE RADIO SYSTEM SURCHARGE $3.00 S/M 318.18(7) BASE FINE $1,000 P/M 318.18(3)(a) $1,073 The break out, or distribution, of the $1,000 is the same as the $60. Second Violation: Motorcycle/Moped –Wheels Off Ground or Tag –Second Offense 316.2085(2) or (3) 4 LIABILITY COURT FACILITIES FUND (BOCC) optional with county ordinance $15.00 C/M 318.18(13)(a) 4 LIABILITY LAW ENFORCEMENT EDU (BOCC) Optional with ordinance $2.00 C/M 938.15/318.18(11)(d) 3 LIABILITY ADDITIONAL COURT COST CLEAR $3.00 C/M 318.18(11)(d) 2 or 4 348-530 LIABILITY ADDIT’L COURT COST-CLERK or Co. if directed $2.50 CM 318.18(11)(d) 2 348-530 COURT COSTS $30.00 C/M 318.18(11)(a) 1 LIABILITY CLERK OF COURT T.F./DOR/GEN FUND $5.00 C/M 318.18(11)(a) 1 LIABILITY ADMIN FEE/CLERK OF COURT T.F./DOR./GEN FUND $12.50 S/M 318.18(18) 3 LIABILITY STATE RADIO SYSTEM SURCHARGE $3.00 S/M 318.18(7) BASE FINE $60.00 P/M 318.18(3)(a) ADDITIONAL FINE $2,500 P/M 318.14(13)(a) $2,633 The break out, or distribution, of the $2,500 is the same as the $60. Excessive Speed—Over 50 mph --Second Offense 316.1926 4 LIABILITY COURT FACILITIES FUND (BOCC) optional with county ordinance $15.00 C/M 318.18(13)(a) 4 LIABILITY LAW ENFORCEMENT EDU (BOCC) Optional with ordinance $2.00 C/M 938.15/318.18(11)(d) 3 LIABILITY ADDITIONAL COURT COST CLEAR $3.00 C/M 318.18(11)(d) ADVISORY BULLETIN 08-058 PAGE 3 2 or 4 348-530 LIABILITY ADDIT’L COURT COST-CLERK or Co. if directed $2.50 CM 318.18(11)(d) 2 348-530 COURT COSTS $30.00 C/M 318.18(11)(a) 1 LIABILITY CLERK OF COURT T.F./DOR/GEN FUND $5.00 C/M 318.18(11)(a) 1 LIABILITY ADMIN FEE/CLERK OF COURT T.F./DOR./GEN FUND $12.50 S/M 318.18(18) 3 LIABILITY STATE RADIO SYSTEM SURCHARGE $3.00 S/M 318.18(7) BASE FINE $2,500 P/M 318.18(3)(a) $ 2,573 The break out, or distribution, of the $2,500 is the same as the $60. Criminal Traffic Motorcycle/Moped/Excessive Speed Over 50 mph 316.1926 2 351-500 FINE $5,000.00 P/M 318.14(13)(c) 3 LIABILITY FCCA 5% surcharge (only if fine assessed) $250.00 C/M if fine 938.04 3 LIABILITY CRIME STOPPER TRUST FUND (only if fine assessed) $17.00 C/M if fine 938.06 2 348-520 CRIME STOPPER TRUST FEE $3.00 S/M if fine 938.06 2 348-530 ADDIT’L COURT COSTS $200.00 C/M 938.05(1)(a) 1 LIABILITY ADDIT’L COURT COSTS $25.00 C/M 938.05(1)(a) 2 348-520 CRIMES COMP FEE $1.00 S/M 938.03 3 LIABILITY CRIMES COMP T.F. $49.00 C/M 938.03 3 LIABILITY ADDIT’L COURT COST CLEARING $3.00 C/M 938.01 4 LIABILITY LOCAL LAW ENF ED $2.00 C/M 938.15 4 LIABILITY CRIMES PEVENTION FUND (only if fine assessed) $50.00 C/M 775.083(2) 3 LIABILITY STATE RADIO SYSTEM SURCHARGE $3.00 S/M 318.18(17) 4 LIABILITY COURT FACILITIES FUND (optional with ordinance) $15.00 C/M 318.18(13)(a) 4 LIABILITY ADDIT’L COSTS (BOCC) - PROGRAMS (optional with ordinance) $65.00 C/M 939.185(1)(a) $5,733

To my friends who enjoy beer,liquor or wine.. and those who don't.

As Ben Franklin said: In wine there is wisdom, in beer there is 
freedom, in
water there is bacteria. In a number of carefully controlled trials,
scientists have demonstrated that if we drink 1 liter of water each 
day, at
the end of the year we would have absorbed more than 1 kilo of 
Escherichia
coli, (E. coli) - bacteria  found in feces. In other words, we are 
consuming
1 kilo of poop.

However, we do NOT run that risk when drinking wine & beer (or 
tequila, rum,
whiskey or other liquor) because alcohol has to go through a 
purification
process of boiling, filtering and/or fermenting.

Remember: Water = Poop, Wine = Health

Therefore, it's better to drink wine and talk stupid, than to drink 
water
and be full of shit

There is no need to thank me for this valuable information: I'm doing 
it as
a public service.

A Christmas Story for people having a bad day: When four of Santa's elves
got sick, the trainee elves did not produce toys as fast as the regular
ones, and Santa began to feel the Pre-Christmas pressure.
            > >
Then Mrs Claus told Santa her Mother was coming to visit, which stressed
Santa even more.
            > >
When he went to harness the reindeer, he found that three of them were
about to give birth and two others had jumped the fence and were out,
Heaven knows where.
            > >
Then when he began to load the sleigh, one of the floorboards cracked, the
toy bag fell to the ground and all the toys were scattered.
            > >
Frustrated, Santa went in the house for a cup of apple cider and a shot of
rum. When he went to the cupboard, he discovered the elves had drank all
the cider and hidden the liquor. In his frustration, he accidentally
dropped the cider jug, and it broke into hundreds of little glass pieces
all over the kitchen floor. He went to get the broom and found the mice
had eaten all the straw off the end of the broom.
            > >
Just then the doorbell rang, and irritated Santa marched to the door,
yanked it open, and there stood a little angel with a great big Christmas
tree.  The angel said very cheerfully, "Merry Christmas, Santa. Isn't this
a lovely day? I have a beautiful tree for you. Where do you want me to
stick it?"
            > >
And so began the tradition of the little angel on top of the Christmas tree.

A billion -  the true story about a billion Dollars 
This is too true to be very funny  

The next time you hear a politician use the

 

word "billion" in a casual manner, think about whether you want the "politicians" spending YOUR tax money.

A billion is a difficult number to Comprehend,
but one advertising agency did a good job of putting that figure into some perspective in one of its releases.

A. A billion seconds ago it was 1959.

B. A billion minutes ago Jesus was alive.

C. A billion hours ago our ancestors were
living in the Stone Age. 
 

D. A billion days ago no-one walked on the earth ( GOD WAS ABOUT TO MAKE MAN)

E. A billion dollars ago was only 8 hours and 
20 minutes, at the rate our government is spending it. 
 

While this thought is still fresh in our brain, let's take a look at New Orleans It's amazing what you can learn with some simple division . .

 

Louisiana Senator, Mary Landrieu (D), is presently asking the Congress for $250 BILLION to rebuild New Orleans .  Interesting number, what does it mean? 
 

A. Well, if you are one of 484,674 residents of

 

New Orleans (every man, woman, child), you each get $516,528. 
 

B. Or, if you have one of the 188,251 homes in New Orleans , your home gets $1,329,787. 
 

C. Or, if you are a family of four, your family gets $2,066,012. 
 

Washington, D.C .. HELLO!!! ... Are all your calculators broken??

Tax his land, Tax his wage, Tax his bed in which he lays. Tax his tractor, Tax his mule, Teach him taxes is the rule. Tax his cow, Tax his goat, Tax his pants, Tax his coat. 
 

Tax his ties, Tax his shirts, Tax his work, Tax his dirt.

 

Tax his tobacco, Tax his drink, Tax him if he tries to think.

 

Tax his booze, Tax his beers, If he cries, Tax his tears.

 

Tax his bills, Tax his gas, Tax his notes, Tax his cash.

 

Tax him good and let him know That after taxes, he has no dough.

 

If he hollers, Tax him more, Tax hi m until he's good and sore.

Tax his coffin, Tax his grave, Tax the sod in which he lays. Put these words upon his tomb, "Taxes drove me to my doom!" 
 

And when he's gone, We won't relax, We'll still be after the inheritance TAX!!

 

Accounts Receivable Tax Building Permit Tax CDL License Tax Cigarette Tax Corporate Income Tax Dog License Tax Federal Income Tax Federal Unemployment Tax (FUTA) Fishing License Tax Food License Tax Fuel Perm it Tax Gasoline Tax Hunting License Tax Inheritance Tax Inventory Tax IRS Interest Charges (tax on top of tax), IRS Penalties (tax on top of tax), Liquor Tax, Luxury Tax, Marriage License Tax, Medicare Tax, Property Tax, Real Estate Tax, Service charge taxes, Social Security Tax, Road Usage Tax (Truckers), Sales Taxes, Recreational Vehicle Tax, School Tax, State Income Tax, State Unemployment Tax (SUTA), Telephone Federal Excise Tax, Telephone Federal Universal Service Fe e Tax, Telephone Federal, State and Local Surcharge Tax, Telephone Minimum Usage Surcharge Tax, Telephone Recurring and Non-recurring Charges Tax, Telephone State and Local Tax, Telephone Usage Charge Tax, Utility Tax, Vehicle License Registration Tax, Vehicle Sales Tax, Watercraft Registration Tax, Well Permit Tax, Workers Compensation Tax.

 

STILL THINK THIS IS FUNNY? Not one of these taxes existed 100 years ago, and our nation was the most prosperous in the world. We had absolutely no national debt, had the largest middle class in the world, and Mom stayed home to raise the kids.

 

What happened?  Can you spell 'politicians!'

 

And I still have to "press 1" for English. 
 

I hope this goes around THE USA at least 100 times What Happened?????

" Watching Wildlife is a Adventure "

 

Tags: HB 137 Legal

 My parents told me about Mr. Common Sense early in my life and told me I
would do well to call on him when making decisions. It seems he was
always around in my early years but less and less as time passed by. Today I
read his obituary. Please join me for a moment of silence in remembrance.
For Common Sense had served us all so well for so many generations.
 Obituary
 Common Sense

 Today we mourn the passing of a beloved old friend, Common Sense, who
has been with us for many years. No one knows for sure how old he was
since his birth records were long ago lost in bureaucratic red tape.
 He will be remembered as having cultivated such valuable lessons as  knowing
when to come in out of the rain, why the early bird gets the worm,
life isn't always fair, and maybe it was my fault.

 Common Sense lived by simple, sound financial policies (don't spend
more than you earn) and reliable parenting strategies (adults, not children
are in charge).

 His health began to deteriorate rapidly when well intentioned but
overbearing regulations were set in place. Reports of a six- year- old
boy charged with sexual harassment for kissing a classmate; teens
suspended  from school for using mouthwash after lunch; and a teacher fired for  reprimanding an unruly student, only worsened his condition.

 Common Sense lost ground when parents attacked teachers for doing the
job they themselves failed to do in disciplining their unruly children. It
declined even further when schools were required to get parental consent to
administer Aspirin, sun lotion or a sticky plaster to a student; but could not inform the parents when a student became pregnant and wanted to have an abortion.

 Common Sense lost the will to live as the Ten Commandments became contraband; churches became businesses; and criminals received better treatment than their victims. Common Sense took a beating when you couldn't legally defend yourself from a burglar in your own home and the burglar can sue you for assault.

 Common Sense finally gave up the will to live, after a woman failed to realize that a steaming cup of coffee was hot. She spilled a little in
her lap, and was promptly awarded a huge settlement.

 Common Sense was preceded in death by his parents, Truth and Trust;
his wife, Discretion; his daughter, Responsibility; and his son, Reason.
He is survived by three stepbrothers; I Know my Rights, Someone Else is to Blame, and I'm a Victim.

 Not many attended his funeral because so few realized he was gone. If
you still remember him pass this on. If not, join the majority and do
nothing.

Dear Mr. Davis:

Thank you for taking the time to contact me regarding HB 137, Offenses
Committed While Operating a Motorcycle. I realize some riders have
several concerns regarding my legislation. This bill aims to address
riders of high performance motorcycles that treat Florida's roads and
highways as their own personal stunt track. I am sure you can agree that
popping wheelies at high rates of speeds or any other kind of stunt
riding has no place on Florida's roads. That is the type of reckless
driving this bill seeks to address. The goal of this legislation is to
target stunt riding and prevent motorcycle fatalities.

Currently, it seems HB 137 has been drafted in a way that would affect
all motorcycle riders. I feel that the poor actions of a few riders
should not punish all riders. Subsequently, I am currently working on
language that will amend the bill to clearly address the problem of
motorcycle stunt riding on public roads. The amendment will clearly
define what is considered stunt riding and require a motorcycle rider to
maintain two wheels on the ground at all times. The speeding focuses of
the bill will not stand alone but will rather be in conjunction with
stunt driving.

I recently met with James Reichenbach from ABATE, and after I explained
the true intent of this legislation he told me that he would support it.
I am open to meeting with any person or group to discuss amendments to
the bill. I believe that part of the process of creating a great law is
being open to the ideas of others.

If I can be of any further assistance, please do not hesitate to contact
my office.

Sincerely,

Carlos Lopez-Cantera
State Representative, District 113 

-----Original Message-----
From: hawgbodys@yahoo.com [mailto:hawgbodys@yahoo.com]
Sent: Tuesday, October 09, 2007 7:42 PM
To: Lopez-Cantera, Carlos
Cc: hawgbodys@yahoo.com
Subject: From 'Write Your Representative' Website

Scott Davis
Panama City Beach,FL -

10/09/07 7:41 PM

To the Honorable Carlos Lopez-Cantera;

In regards to HB137
I am the Florida state moderator for motorcycle-syndicate.com I am also
a motorcycle enthusiast.
The bill you have filed, HB 137 is discriminatory and "profiles"
motorcyclists in Florida.
I am going to denounce this bill in every way possible.
It predjudicial not to include every motorist on the highway to the same
consequences.
Most of us are responsible riders and have tried hard for the last 20
years to overcome the actions of a few.
There are enough laws to deal with the offenders of these actions
without subjecting motorcyclists to an officers idea of
  what reckless driving is.
and the Idea of losing a motorcycle to an officers whim is unjust.
This bill is irresponsible.
I realize there may be a problem with some sport bike riders in your
area,and I understand the reasoning behind this, but dont use new
legislation to try to control a few when the rest of the community will
suffer.
I hope you reconsider this bill.
Every rider I have spoken with on this issue is against it, and will
contact thier representatives to voice thier concern.
Thank you for your time. and best wishes on your future.

I have never been a political person, but I cant sit back and let our elected officials ram some new legeslation down our throats. Especially laws that threaten our freedom to ride. The new bill HB137 threatens just that. Unless the sponsor of the bill changes the wording like he told me, I will fight this bill to my utmost ability. The thing is, I am only one voice, although I can make it heard, strength comes in numbers. The more of us that get off our asses and let them know that we wont stand for any more of our freedoms being taken away needlessly, the louder that voice is. So get off your ass and lets let them hear the thunder.

Tags: HB137 Laws Rights