Bill Text: FL S0768 | 2010 | Regular Session | Enrolled

---

Bill Title: Luis Rivera Ortega Street Racing Act [CPSC]

Spectrum: Bipartisan Bill

Status: (Passed) 2010-06-03 - Approved by Governor; Chapter No. 2010-189 [S0768 Detail]

Download: Florida-2010-S0768-Enrolled.html

---

 
ENROLLED 
2010 Legislature                                   CS for SB 768 
2010768er 
1 
2         An act relating to street racing; creating the “Luis 
3         Rivera Ortega Street Racing Act”; amending s. 316.191, 
4         F.S.; revising penalties for violating provisions 
5         prohibiting certain speed competitions and 
6         exhibitions; providing an effective date. 
7 
8  Be It Enacted by the Legislature of the State of Florida: 
9 
10         Section 1. This act may be cited as the “Luis Rivera Ortega 
11  Street Racing Act.” 
12         Section 2. Section 316.191, Florida Statutes, is amended to 
13  read: 
14         316.191 Racing on highways.— 
15         (1) As used in this section, the term: 
16         (a) “Conviction” means a determination of guilt that is the 
17  result of a plea or trial, regardless of whether adjudication is 
18  withheld. 
19         (b) “Drag race” means the operation of two or more motor 
20  vehicles from a point side by side at accelerating speeds in a 
21  competitive attempt to outdistance each other, or the operation 
22  of one or more motor vehicles over a common selected course, 
23  from the same point to the same point, for the purpose of 
24  comparing the relative speeds or power of acceleration of such 
25  motor vehicle or motor vehicles within a certain distance or 
26  time limit. 
27         (c) “Race” means the use of one or more motor vehicles in 
28  competition, arising from a challenge to demonstrate superiority 
29  of a motor vehicle or driver and the acceptance or competitive 
30  response to that challenge, either through a prior arrangement 
31  or in immediate response, in which the competitor attempts to 
32  outgain or outdistance another motor vehicle, to prevent another 
33  motor vehicle from passing, to arrive at a given destination 
34  ahead of another motor vehicle or motor vehicles, or to test the 
35  physical stamina or endurance of drivers over long-distance 
36  driving routes. A race may be prearranged or may occur through a 
37  competitive response to conduct on the part of one or more 
38  drivers which, under the totality of the circumstances, can 
39  reasonably be interpreted as a challenge to race. 
40         (d) “Spectator” means any person who is knowingly present 
41  at and views a drag race, when such presence is the result of an 
42  affirmative choice to attend or participate in the race. For 
43  purposes of determining whether or not an individual is a 
44  spectator, finders of fact shall consider the relationship 
45  between the racer and the individual, evidence of gambling or 
46  betting on the outcome of the race, and any other factor that 
47  would tend to show knowing attendance or participation. 
48         (2)(a) A person may not: 
49         (a)1. Drive any motor vehicle, including any motorcycle, in 
50  any race, speed competition or contest, drag race or 
51  acceleration contest, test of physical endurance, or exhibition 
52  of speed or acceleration or for the purpose of making a speed 
53  record on any highway, roadway, or parking lot; 
54         (b)2. In any manner participate in, coordinate, facilitate, 
55  or collect moneys at any location for any such race, 
56  competition, contest, test, or exhibition; 
57         (c)3. Knowingly ride as a passenger in any such race, 
58  competition, contest, test, or exhibition; or 
59         (d)4. Purposefully cause the movement of traffic to slow or 
60  stop for any such race, competition, contest, test, or 
61  exhibition. 
62         (3)(a) Any person who violates subsection (2) any provision 
63  of this paragraph commits a misdemeanor of the first degree, 
64  punishable as provided in s. 775.082 or s. 775.083. Any person 
65  who violates subsection (2) any provision of this paragraph 
66  shall pay a fine of not less than $500 and not more than $1,000, 
67  and the department shall revoke the driver license of a person 
68  so convicted for 1 year. A hearing may be requested pursuant to 
69  s. 322.271. 
70         (b) Any person who commits a second violation of subsection 
71  (2) violates paragraph (a) within 5 years after the date of a 
72  prior violation that resulted in a conviction for a violation of 
73  subsection (2) this subsection commits a misdemeanor of the 
74  first degree, punishable as provided in s. 775.082 or s. 
75  775.083, and shall pay a fine of not less than $1,000 $500 and 
76  not more than $3,000 $1,000. The department shall also revoke 
77  the driver license of that person for 2 years. A hearing may be 
78  requested pursuant to s. 322.271. 
79         (c) Any person who commits a third or subsequent violation 
80  of subsection (2) within 5 years after the date of a prior 
81  violation that resulted in a conviction for a violation of 
82  subsection (2) commits a misdemeanor of the first degree, 
83  punishable as provided in s. 775.082 or s. 775.083, and shall 
84  pay a fine of not less than $2,000 and not more than $5,000. The 
85  department shall also revoke the driver license of that person 
86  for 4 years. A hearing may be requested pursuant to s. 322.271. 
87         (d)(c) In any case charging a violation of subsection (2) 
88  paragraph (a), the court shall be provided a copy of the driving 
89  record of the person charged and may obtain any records from any 
90  other source to determine if one or more prior convictions of 
91  the person for a violation of subsection (2) paragraph (a) have 
92  occurred within 5 years prior to the charged offense. 
93         (4)(3)(a) A person may not be a spectator at any drag race 
94  prohibited under subsection (2). 
95         (b) A person who violates the provisions of paragraph (a) 
96  commits a noncriminal traffic infraction, punishable as a moving 
97  violation as provided in chapter 318. 
98         (5)(4) Whenever a law enforcement officer determines that a 
99  person was engaged in a drag race or race, as described in 
100  subsection (1), the officer may immediately arrest and take such 
101  person into custody. The court may enter an order of impoundment 
102  or immobilization as a condition of incarceration or probation. 
103  Within 7 business days after the date the court issues the order 
104  of impoundment or immobilization, the clerk of the court must 
105  send notice by certified mail, return receipt requested, to the 
106  registered owner of the motor vehicle, if the registered owner 
107  is a person other than the defendant, and to each person of 
108  record claiming a lien against the motor vehicle. 
109         (a) Notwithstanding any provision of law to the contrary, 
110  the impounding agency shall release a motor vehicle under the 
111  conditions provided in s. 316.193(6)(e), (f), (g), and (h), if 
112  the owner or agent presents a valid driver license at the time 
113  of pickup of the motor vehicle. 
114         (b) All costs and fees for the impoundment or 
115  immobilization, including the cost of notification, must be paid 
116  by the owner of the motor vehicle or, if the motor vehicle is 
117  leased or rented, by the person leasing or renting the motor 
118  vehicle, unless the impoundment or immobilization order is 
119  dismissed. All provisions of s. 713.78 shall apply. 
120         (c) Any motor vehicle used in violation of subsection (2) 
121  may be impounded for a period of 30 business days if a law 
122  enforcement officer has arrested and taken a person into custody 
123  pursuant to this subsection and the person being arrested is the 
124  registered owner or coowner of the motor vehicle. If the 
125  arresting officer finds that the criteria of this paragraph are 
126  met, the officer may immediately impound the motor vehicle. The 
127  law enforcement officer shall notify the Department of Highway 
128  Safety and Motor Vehicles of any impoundment for violation of 
129  this subsection in accordance with procedures established by the 
130  department. The provisions of Paragraphs (a) and (b) shall be 
131  applicable to such impoundment. 
132         (6)(5) Any motor vehicle used in violation of subsection 
133  (2) by any person within 5 years after the date of a prior 
134  conviction of that person for a violation under subsection (2) 
135  may be seized and forfeited as provided by the Florida 
136  Contraband Forfeiture Act. This subsection shall only be 
137  applicable if the owner of the motor vehicle is the person 
138  charged with violating violation of subsection (2). 
139         (7)(6) This section does not apply to licensed or duly 
140  authorized racetracks, drag strips, or other designated areas 
141  set aside by proper authorities for such purposes. 
142         Section 3. This act shall take effect October 1, 2010.