Bill Text: FL S0116 | 2019 | Regular Session | Comm Sub
Bill Title: Motor Vehicle Racing
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-04-25 - Laid on Table, companion bill(s) passed, see CS/HB 611 (Ch. 2019-125) [S0116 Detail]
Download: Florida-2019-S0116-Comm_Sub.html
Florida Senate - 2019 CS for SB 116 By the Committee on Rules; and Senator Stewart 595-04818-19 2019116c1 1 A bill to be entitled 2 An act relating to motor vehicle racing; amending s. 3 316.191, F.S.; authorizing a law enforcement officer 4 to arrest a person without a warrant upon probable 5 cause that the person committed a criminal racing 6 violation; amending s. 901.15, F.S.; authorizing a law 7 enforcement officer to arrest a person without a 8 warrant upon probable cause that the person committed 9 a criminal racing violation; providing an effective 10 date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsection (5) of section 316.191, Florida 15 Statutes, is amended to read: 16 316.191 Racing on highways.— 17 (5) Whenever a law enforcement officer has probable cause 18 to believedeterminesthat a person violated subsection (2)was19engaged in a drag race or race, as described in subsection (1), 20 the officer mayimmediatelyarrest and take such person into 21 custody, without a warrant. The court may enter an order of 22 impoundment or immobilization as a condition of incarceration or 23 probation. Within 7 business days after the date the court 24 issues the order of impoundment or immobilization, the clerk of 25 the court must send notice by certified mail, return receipt 26 requested, to the registered owner of the motor vehicle, if the 27 registered owner is a person other than the defendant, and to 28 each person of record claiming a lien against the motor vehicle. 29 (a) Notwithstanding any provision of law to the contrary, 30 the impounding agency shall release a motor vehicle under the 31 conditions provided in s. 316.193(6)(e), (f), (g), and (h), if 32 the owner or agent presents a valid driver license at the time 33 of pickup of the motor vehicle. 34 (b) All costs and fees for the impoundment or 35 immobilization, including the cost of notification, must be paid 36 by the owner of the motor vehicle or, if the motor vehicle is 37 leased or rented, by the person leasing or renting the motor 38 vehicle, unless the impoundment or immobilization order is 39 dismissed. All provisions of s. 713.78 shall apply. 40 (c) Any motor vehicle used in violation of subsection (2) 41 may be impounded for a period of 30 business days if a law 42 enforcement officer has arrested and taken a person into custody 43 pursuant to this subsection and the person being arrested is the 44 registered owner or coowner of the motor vehicle. If the 45 arresting officer finds that the criteria of this paragraph are 46 met, the officer may immediately impound the motor vehicle. The 47 law enforcement officer shall notify the Department of Highway 48 Safety and Motor Vehicles of any impoundment for violation of 49 this subsection in accordance with procedures established by the 50 department. Paragraphs (a) and (b) shall be applicable to such 51 impoundment. 52 Section 2. Paragraph (d) is added to subsection (9) of 53 section 901.15, Florida Statutes, to read: 54 901.15 When arrest by officer without warrant is lawful.—A 55 law enforcement officer may arrest a person without a warrant 56 when: 57 (9) There is probable cause to believe that the person has 58 committed: 59 (d) A racing violation as described in s. 316.191(2). 60 Section 3. This act shall take effect July 1, 2019.