01/10/2008 - JEB1

HB-137 Chairman

 

To the Honorable Richard Glorioso;

Greetings Mr. Chairman,

Please vote against HB137 if for no other reason than the staff report
clearly indicates there are already more than enough existing laws on
our books addressing that scope.

Please allow me to offer some of my thoughts in regard to HB137 under
consideration at the committee meeting on January 10.  I have serious
concern to HB137 and take extreme exception that the legislation
unfairly targets only motorcycles.  This legislation is not personal to
me in that I have no concerns about being personally cited under a
resulting statute, but I do personally object with the incorrect message
being sent in this bill.  It is not acceptable to single out
motorcycles.

I do not believe our government has been an effective authority or role
model in holding individuals responsible for their actions or behavior,
so it is not that I object to holding someone accountable.  Since I live
in the woods in the extreme NW corner of Marion County, I travel I-75 a
minimum of 5 times per week just to get to work.  I travel fairly
extensively as well and regardless of what interstate I am on or what
city I am traveling in, there is not a doubt in my mind that
exponentially more automobiles exceed the speed limit.  Moreover, on my
way to work every morning, I am passed many times like I am sitting
still, seldom ever by a motorcycle but consistently by automobiles and
even large trucks.  In addition to emphasizing that I am routinely
passed like I am sitting still by automobiles, not motorcycles, I want
you to know that it is seldom by a motorcycle and that exponentially
more automobiles and trucks are actually closer to or exceeding the
speed limit by 30mph.  I am thinking you would have to agree or that if
you start paying attention in your travels, you will eventually agree.
Please do not pass duplicative legislation, but when legislation is
necessary, please do not single out or target only motorcycles.  People
can tolerate a lot of things that are fair, this HB137 is not.

This legislation is only palatable if it goes beyond the scope of laws
already on our books, and moreover, addresses every vehicle and operator
on the road - not just motorcycles.

For the benefit some of the younger and sometimes more stupid
population, regardless of whether they are driving mom's car or a bike,
perhaps it is a little steep in terms of confiscation on a first offense
- unless they are evading law enforcement.  I could condone confiscation
based on willful and wanton excessive speed and public endangerment,
particularly if someone chooses to evade law enforcement but I do think
our statues already address this.  I am also of the opinion that
punishment should be fitting of the crime.  I am certainly not defending
anyone breaking the law, whether they are in a car or on a motorcycle.
Anyone recklessly endangering others deserves to be held accountable but
I also think it might be different to grossly exceed the speed limit in
a populated area or where and how it is endangering others, as opposed
to being in isolated conditions or out on the interstate but not weaving
in, out and recklessly around other traffic. 

As a motorcyclist, I do find the aggressiveness of traffic continuing to
be more startling and all too often resulting in the death of someone
riding a motorcycle.  I happen to know a lot of people who do ride
motorcycles so I also happen to know that more often than not, they are
victims of a crash, not the cause of one.  I think people being held
responsible for their behavior when they hurt and kill people would be
helpful.  These are not accidents.  These are crashes resulting from
driver distractions and simply failing to pay attention to what is going
on, including right in front of them.  I personally know of more than a
dozen people who were run over from behind, some of them sitting
absolutely still at a red light or stop sign.  In addition to people
being held accountable, I firmly believe we are in dire need of a much
more serious emphasis on driver training and licensing requirements.  I
am sharing these last thoughts as unlike HB137, there are things the
legislature could do to truly help make a difference.

Thank you for your consideration and continued service in the Florida
House. 

Be well,