[Ducati] Florida Representative Carlos Lopez-Cantera wants your motorbike and drivers license

Sun Oct 7 13:26:27 EDT 2007

Thanks Scott.

I agree with you that existing laws provide penalties for these offenses.
What is truly scary is how harsh he wants to punish this group. I agree that
this should be perused to expose these political tactics. In a democracy
discussion of laws and issues that impact us is essential. The benefit from
less active members of the motorcycle community is to see democracy in
action related to an issue they are concerned with. Regardless of the
outcome

ABATE is against it while the Florida Motorcycle Dealers Association is
helping to rewrite it. Here is a copy of an email from FMDA and then a
summary of my response. 

Diego 

Re: Fwd: New Florida Proposed Motorcycle Law Posted by: "Joe McGuire"
Fri Oct 5, 2007 6:42 am (PST)
Hello Florida Rat group,

Below is a well written alert to the members of your group. However, the
Florida Motorcycle Dealers Association has already discussed the matter with
the sponsor of the Bill. The sponsor understands that the language of the
bill is unnecessarily discriminatory against motorcyclists. He has agreed to
withdraw the bill and draft a new bill with the assistance of our
professional lobbyist, Winn Peeples.

Unfortunately, there is pressure to introduce some form of legislation this
year aimed at riders doing stunts and riding recklessly on the street. The
FMDA is watching the process and will fight to keep the language reasonable
or try to kill the bill if necessary. The FMDA has been working behind the
scenes for years to protect the rights of motorcyclists in Florida.

I would recommend that the members hold the letter writing until we have a
final form of the bill and the bill is in a position to actually go some
where. Then we, as riders, can work proactively to guide the process. But,
for right now, the bill has been withdrawn and we do not need to do
anything.

Additionally, Winn has been working full time to protect Motorcycle riders
from having to carry very expensive liability insurance and or PIP. He is
earning his money this year!

Thanks for your vigilant support. I may call on you later to help with
letters.

Joe MacGuire

My Position

While I can appreciate FMDA's participation in the rewrite. To me the idea
of HB137 seems to be targeting motorcyclists in the same way the now
unconstitutional Florida Drag Racing Statue targeted auto drivers without a
clear way to determine when the offense in question was taking place. I
suppose my objection is to singling out motorcyclists. This appears to be a
campaign against motorcyclists who are perceived as a menace. Not
legislation to address a specific criminal activity and not one that broadly
address highway safety or even motorcycle safety. While law enforcement and
the public insist on tools to prevent crime, a punitive approach to
motorcycle safety does not address our concerns, but only those of law
enforcement. 

I suppose we will know more once the bill is rewritten. In the meanwhile I
think it is important to continue to monitor and discuss legislation that
has the potential to impact us. I am wondering what peoples feelings are on
HB 137 and a rewrite. Please email me directly if you do not wish to post it
to the group.

Diego

-----Original Message-----
From: ducati-bounces at ducati.net [mailto:ducati-bounces at ducati.net] On Behalf
Of Scott Cloninger
Sent: Thursday, October 04, 2007 10:30 AM
To: Ducati Owners Group
Subject: RE: [Ducati] Florida Representative Carlos Lopez-Cantera wants
yourmotorbike and drivers license

This seems like the kind of law that will stand until someone with the
financial resources to press a suit based upon the unconstitutionality
of it steps forward.  Narrowly targeted enforcement is bogus and
illegal.  It'd be one thing if the law was written to affect all
citizens, but when it's written to affect only a narrow portion of
motorists it becomes unconstitutional and simply wrong.  I hope someone
in Florida has the intestinal fortitude to stand up to the Man on this
issue.

I'll agree that stunters and other scoff-laws ("not me" he says as he
adjusts his halo) put a bad face on Motorcycling, but their activities
are already illegal when performed on public streets.  Maybe if our Law
Enforcement Officers would simply enforce the laws already in place and
force politicians to stop whining about them we'd have fewer stupid
proposals like Mr. Lopez-Cantera's.

By the way...this puts me back on my soap box about personal
responsibility.  Any law passed to "reduce fatalities from single
vehicle accidents" is simply a law to protect us from ourselves and
should be abolished immediately.  I'm all for safety, if we chose to be
safe.  If we chose to be idiots and ride without gear at high rates of
speed and harm only ourselves, then whose business is it to stop us?
(I'd never do this, but I'll vehemently protect my right to do it!!)
The only purpose of Mr. Lopez-Cantera's proposal is to appease a very
few constituents who complain about motorcycles, not to protect
motorcyclists.  That means that he has lied about the purpose of the law
and should be flogged in public for lying to his constituents and the
public at large.  Politicians should be truthful if nothing else.

I hate politicians.

My 2 cents,

Scott Cloninger, P.E., MBA
Engineering Manager
CEI Enterprises, Inc.

-----Original Message-----
From: Diego [mailto:tampabaydesmo at earthlink.net] 
Sent: Wednesday, October 03, 2007 11:18 PM
To: ducati at ducati.net
Subject: [Ducati] Florida Representative Carlos Lopez-Cantera wants
yourmotorbike and drivers license

Florida Representative Carlos Lopez-Cantera wants your motorbike and
drivers
license, so he can appear tough on crime. 

Rep Carlos Lopez-Cantera is sponsoring a bill to target bikers.

http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=372
39&S
essionId=57

This bill provides for seizure and forfeiture of a motorcycle under the
Florida Contraband Forfeiture Act, loss of driving privileges for 10
years,
and possible prison time if you exceeded 30 miles over the speed limit
or
are reckless in an officers judgment. There is far less consequence for
a
second DUI in Florida.

It is more then a matter of who obeys speed limits and who does not. It
is a
matter of civil liberties when exceptional penalties can be enforced
without
due process. In this case when an officer determines one is reckless.
You
could be going 5 over at speed and deemed reckless in certain
circumstances.

I turn right on my street where there is a school. The flashing lights
saying slow to 20 are 300 feet to the left of my right turn and round a
bend. Not visible at the corner. The speed limit is 45. In first gear I
exit
the stop and proceed towards the school. No traffic. No kids. A crossing
guard emerges from her chair waving her arms. A deputy Turns form what
he is
doing towards the crossing guard. I see my speed: 30mph in a 45. I look
ahead and see an auto slowing down at the other flashing light (not
visible
from this side) on the other side of the school zone. I immediately
throttle
off. The crossing guards arms cease their motion, but the deputy stares
me
down.  Was that error worth loosing my motorbike, license, and possibly
jail
time? 

This bill does not address other motor vehicles and unfairly targets
motorcyclists. This legislation is discriminatory and may provide law
enforcement with incentive to increase profile and crack down on
motorcycles. In Pinellas Park we have seen a rash of police blockades
stopping motorcyclists in search of law violations. If this proposed
bill
becomes a law it may only serve to increase the danger by encouraging
young
riders to run and evade law enforcement out of fear. Mandatory prison
time
for those who kill motorcyclists might be a more effective way to reduce
fatalities. 

Venting is one thing, but serves little then ourselves if we do nothing.
Existing laws are applicable to the problems a small number of
motorcyclists
create. Targeting all motorcyclists is unjustifiable. 

AMA is not in favor of bill. Follow their link to contact your state
representative. 

http://capwiz.com/amacycle/issues/bills/?bill=10350451

If you are aware of a Florida State Representative who rides and would
support a petition please help get the petition going. If you have the
resources to start a web site to collect and post information relevant
to
this bill please contact me. This is our time as riders citizens, and
voters
to be heard. 

I welcome your thoughts and participation. 

Respectfully

Diego

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