Bill Text: FL S0876 | 2022 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Stunt Driving on Highways

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2022-03-04 - Laid on Table, refer to CS/CS/CS/HB 399 [S0876 Detail]

Download: Florida-2022-S0876-Introduced.html

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       Florida Senate - 2022                                     SB 876
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-00712-22                                            2022876__
    1                        A bill to be entitled                      
    2         An act relating to stunt driving on highways; amending
    3         s. 316.191, F.S.; defining terms; prohibiting
    4         specified acts relating to street takeovers or stunt
    5         driving on highways, roadways, or parking lots;
    6         prohibiting a person from being a spectator at a
    7         street takeover; providing applicability of specified
    8         criminal penalties; amending s. 318.18, F.S.;
    9         providing applicability of a certain civil penalty;
   10         amending s. 901.15, F.S.; conforming a provision to
   11         changes made by the act; reenacting s. 322.0261(4)(a)
   12         and (b), F.S., relating to driver improvement courses,
   13         to incorporate the amendment made to s. 316.191, F.S.,
   14         in references thereto; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 316.191, Florida Statutes, is amended to
   19  read:
   20         316.191 Racing on highways, street takeovers, and stunt
   21  driving on highways.—
   22         (1) As used in this section, the term:
   23         (a) “Burnout” means a maneuver performed while operating a
   24  motor vehicle whereby the vehicle is kept stationary while the
   25  wheels are spun, the resulting friction causing the vehicle’s
   26  tires to heat up and emit smoke.
   27         (b)“Conviction” means a determination of guilt that is the
   28  result of a plea or trial, regardless of whether adjudication is
   29  withheld.
   30         (c) “Doughnut” means a maneuver performed while operating a
   31  motor vehicle whereby the front or rear of the vehicle is
   32  rotated around the opposite set of wheels in a continuous motion
   33  which may cause a circular skid-mark pattern of rubber on the
   34  driving surface or the tires to heat up and emit smoke from
   35  friction, or both.
   36         (d)(b) “Drag race” means the operation of two or more motor
   37  vehicles from a point side by side at accelerating speeds in a
   38  competitive attempt to outdistance each other, or the operation
   39  of one or more motor vehicles over a common selected course,
   40  from the same point to the same point, for the purpose of
   41  comparing the relative speeds or power of acceleration of such
   42  motor vehicle or motor vehicles within a certain distance or
   43  time limit.
   44         (e) “Drifting” means a maneuver performed while operating a
   45  motor vehicle whereby the vehicle is steered so that it makes a
   46  controlled skid sideways through a turn with the front wheels
   47  pointed in a direction opposite to that of the turn.
   48         (f)(c) “Race” means the use of one or more motor vehicles
   49  in competition, arising from a challenge to demonstrate
   50  superiority of a motor vehicle or driver and the acceptance or
   51  competitive response to that challenge, either through a prior
   52  arrangement or in immediate response, in which the competitor
   53  attempts to outgain or outdistance another motor vehicle, to
   54  prevent another motor vehicle from passing, to arrive at a given
   55  destination ahead of another motor vehicle or motor vehicles, or
   56  to test the physical stamina or endurance of drivers over long
   57  distance driving routes. A race may be prearranged or may occur
   58  through a competitive response to conduct on the part of one or
   59  more drivers which, under the totality of the circumstances, can
   60  reasonably be interpreted as a challenge to race.
   61         (g)(d) “Spectator” means any person who is knowingly
   62  present at and views a drag race, when such presence is the
   63  result of an affirmative choice to attend or participate in the
   64  race. For purposes of determining whether or not an individual
   65  is a spectator, finders of fact shall consider the relationship
   66  between the racer and the individual, evidence of gambling or
   67  betting on the outcome of the race, and any other factor that
   68  would tend to show knowing attendance or participation.
   69         (h) “Street takeover” means the taking over of a portion of
   70  a highway or roadway by blocking or impeding the regular flow of
   71  traffic to perform burnouts, doughnuts, drifting, wheelies, or
   72  other stunt driving.
   73         (i) “Stunt driving” means to perform or engage in any
   74  burnouts, doughnuts, drifting, wheelies, or other activity on a
   75  roadway or highway which is likely to delay, distract, startle,
   76  or interfere with other users of the roadway or highway.
   77         (j) “Wheelie” means a maneuver performed while operating a
   78  motor vehicle whereby a motorcycle or other motor vehicle is
   79  ridden for a distance with the front wheel or wheels raised off
   80  the ground.
   81         (2) A person may not:
   82         (a) Drive any motor vehicle, including any motorcycle, in
   83  any street takeover, stunt driving, race, speed competition or
   84  contest, drag race or acceleration contest, test of physical
   85  endurance, or exhibition of speed or acceleration or for the
   86  purpose of making a speed record on any highway, roadway, or
   87  parking lot;
   88         (b) In any manner participate in, coordinate, facilitate,
   89  or collect moneys at any location for any such race, street
   90  takeover, stunt driving, competition, contest, test, or
   91  exhibition;
   92         (c) Knowingly ride as a passenger in any such race, street
   93  takeover, stunt driving, competition, contest, test, or
   94  exhibition; or
   95         (d) Purposefully cause the movement of traffic to slow or
   96  stop for any such race, street takeover, stunt driving,
   97  competition, contest, test, or exhibition.
   98         (3)(a) Any person who violates subsection (2) commits a
   99  misdemeanor of the first degree, punishable as provided in s.
  100  775.082 or s. 775.083. Any person who violates subsection (2)
  101  shall pay a fine of not less than $500 and not more than $1,000,
  102  and the department shall revoke the driver license of a person
  103  so convicted for 1 year. A hearing may be requested pursuant to
  104  s. 322.271.
  105         (b) Any person who commits a second violation of subsection
  106  (2) within 5 years after the date of a prior violation that
  107  resulted in a conviction for a violation of subsection (2)
  108  commits a misdemeanor of the first degree, punishable as
  109  provided in s. 775.082 or s. 775.083, and shall pay a fine of
  110  not less than $1,000 and not more than $3,000. The department
  111  shall also revoke the driver license of that person for 2 years.
  112  A hearing may be requested pursuant to s. 322.271.
  113         (c) Any person who commits a third or subsequent violation
  114  of subsection (2) within 5 years after the date of a prior
  115  violation that resulted in a conviction for a violation of
  116  subsection (2) commits a misdemeanor of the first degree,
  117  punishable as provided in s. 775.082 or s. 775.083, and shall
  118  pay a fine of not less than $2,000 and not more than $5,000. The
  119  department shall also revoke the driver license of that person
  120  for 4 years. A hearing may be requested pursuant to s. 322.271.
  121         (d) In any case charging a violation of subsection (2), the
  122  court shall be provided a copy of the driving record of the
  123  person charged and may obtain any records from any other source
  124  to determine if one or more prior convictions of the person for
  125  a violation of subsection (2) have occurred within 5 years prior
  126  to the charged offense.
  127         (4)(a) A person may not be a spectator at any drag race or
  128  street takeover prohibited under subsection (2).
  129         (b) A person who violates paragraph (a) commits a
  130  noncriminal traffic infraction, punishable as a moving violation
  131  as provided in chapter 318.
  132         (5) Whenever a law enforcement officer has probable cause
  133  to believe that a person violated subsection (2), the officer
  134  may arrest and take such person into custody without a warrant.
  135  The court may enter an order of impoundment or immobilization as
  136  a condition of incarceration or probation. Within 7 business
  137  days after the date the court issues the order of impoundment or
  138  immobilization, the clerk of the court must send notice by
  139  certified mail, return receipt requested, to the registered
  140  owner of the motor vehicle, if the registered owner is a person
  141  other than the defendant, and to each person of record claiming
  142  a lien against the motor vehicle.
  143         (a) Notwithstanding any provision of law to the contrary,
  144  the impounding agency shall release a motor vehicle under the
  145  conditions provided in s. 316.193(6)(e), (f), (g), and (h), if
  146  the owner or agent presents a valid driver license at the time
  147  of pickup of the motor vehicle.
  148         (b) All costs and fees for the impoundment or
  149  immobilization, including the cost of notification, must be paid
  150  by the owner of the motor vehicle or, if the motor vehicle is
  151  leased or rented, by the person leasing or renting the motor
  152  vehicle, unless the impoundment or immobilization order is
  153  dismissed. All provisions of s. 713.78 shall apply.
  154         (c) Any motor vehicle used in violation of subsection (2)
  155  may be impounded for a period of 30 business days if a law
  156  enforcement officer has arrested and taken a person into custody
  157  pursuant to this subsection and the person being arrested is the
  158  registered owner or co-owner of the motor vehicle. If the
  159  arresting officer finds that the criteria of this paragraph are
  160  met, the officer may immediately impound the motor vehicle. The
  161  law enforcement officer shall notify the Department of Highway
  162  Safety and Motor Vehicles of any impoundment for violation of
  163  this subsection in accordance with procedures established by the
  164  department. Paragraphs (a) and (b) shall be applicable to such
  165  impoundment.
  166         (6) Any motor vehicle used in violation of subsection (2)
  167  by any person within 5 years after the date of a prior
  168  conviction of that person for a violation under subsection (2)
  169  may be seized and forfeited as provided by the Florida
  170  Contraband Forfeiture Act. This subsection shall only be
  171  applicable if the owner of the motor vehicle is the person
  172  charged with violating subsection (2).
  173         (7) This section does not apply to licensed or duly
  174  authorized racetracks, drag strips, or other designated areas
  175  set aside by proper authorities for such purposes.
  176         Section 2. Subsection (20) of section 318.18, Florida
  177  Statutes, is amended to read:
  178         318.18 Amount of penalties.—The penalties required for a
  179  noncriminal disposition pursuant to s. 318.14 or a criminal
  180  offense listed in s. 318.17 are as follows:
  181         (20) In addition to any other penalty, $65 for a violation
  182  of s. 316.191, prohibiting racing on highways, street takeovers,
  183  and stunt driving on highways, or s. 316.192, prohibiting
  184  reckless driving. The additional $65 collected under this
  185  subsection shall be remitted to the Department of Revenue for
  186  deposit into the Emergency Medical Services Trust Fund of the
  187  Department of Health to be used as provided in s. 395.4036.
  188         Section 3. Paragraph (d) of subsection (9) of section
  189  901.15, Florida Statutes, is amended to read:
  190         901.15 When arrest by officer without warrant is lawful.—A
  191  law enforcement officer may arrest a person without a warrant
  192  when:
  193         (9) There is probable cause to believe that the person has
  194  committed:
  195         (d) A racing, street takeover, or stunt driving violation
  196  as described in s. 316.191(2).
  197         Section 4. For the purpose of incorporating the amendment
  198  made by this act to section 316.191, Florida Statutes, in
  199  references thereto, paragraphs (a) and (b) of subsection (4) of
  200  section 322.0261, Florida Statutes, are reenacted to read:
  201         322.0261 Driver improvement course; requirement to maintain
  202  driving privileges; failure to complete; department approval of
  203  course.—
  204         (4)(a) The department shall identify any operator convicted
  205  of, or who pleaded nolo contendere to, a violation of s.
  206  316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s.
  207  316.192 and shall require that operator, in addition to other
  208  applicable penalties, to attend a department-approved driver
  209  improvement course in order to maintain driving privileges. The
  210  department shall, within 10 days after receiving a notice of
  211  judicial disposition, send notice to the operator of the
  212  requirement to attend a driver improvement course. If the
  213  operator fails to complete the course within 90 days after
  214  receiving notice from the department, the operator’s driver
  215  license shall be canceled by the department until the course is
  216  successfully completed.
  217         (b) Any operator who receives a traffic citation for a
  218  violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or
  219  s. 316.192, for which the court withholds adjudication, is not
  220  required to attend a driver improvement course, unless the court
  221  finds that the nature or severity of the violation is such that
  222  attendance to a driver improvement course is necessary. The
  223  department shall, within 10 days after receiving a notice of
  224  judicial disposition, send notice to the operator of the
  225  requirement to attend a driver improvement course. If the
  226  operator fails to complete the course within 90 days after
  227  receiving notice from the department, the operator’s driver
  228  license shall be canceled by the department until the course is
  229  successfully completed.
  230         Section 5. This act shall take effect October 1, 2022.