Bill Text: FL S1764 | 2024 | Regular Session | Introduced

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

---

Bill Title: Car Racing Penalties

Spectrum:

Status: (Passed) 2024-05-07 - Chapter No. 2024-146 [S1764 Detail]

Download: Florida-2024-S1764-Introduced.html

---

       Florida Senate - 2024                                    SB 1764
       
       
        
       By Senator Pizzo
       
       
       
       
       
       37-01245B-24                                          20241764__
    1                        A bill to be entitled                      
    2         An act relating to car racing penalties; amending s.
    3         316.191, F.S.; revising the definition of the term
    4         “conviction”; increasing the fine for violations of
    5         prohibitions against drag race, street takeover, stunt
    6         driving, competition, contest, test, or exhibition;
    7         revising applicability of the penalty for second
    8         violations of prohibitions against drag race, street
    9         takeover, stunt driving, competition, contest, test,
   10         or exhibition; increasing the fine for any such
   11         violations; authorizing an arresting law enforcement
   12         agency to seize any vehicle used in connection with
   13         any violation, pursuant to the Florida Contraband
   14         Forfeiture Act; providing penalties for impeding,
   15         obstructing, or interfering with an emergency vehicle
   16         while participating in a drag race, street takeover,
   17         stunt driving, competition, contest, test, or
   18         exhibition; revising applicability of the penalty for
   19         third or subsequent violations of prohibitions against
   20         drag race, street takeover, stunt driving,
   21         competition, contest, test, or exhibition; increasing
   22         the fine for any such violations; revising
   23         circumstances under which a motor vehicle used in
   24         connection with any violation may be impounded;
   25         providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Paragraph (b) of subsection (1), subsection (3),
   30  paragraph (b) of subsection (4), and paragraph (c) of subsection
   31  (5) of section 316.191, Florida Statutes, are amended, and
   32  subsection (2) and paragraph (a) of subsection (4) of that
   33  section are republished, to read:
   34         316.191 Racing on highways, street takeovers, and stunt
   35  driving.—
   36         (1) As used in this section, the term:
   37         (b) “Conviction” means a determination of guilt that is the
   38  result of a plea or trial, regardless of whether adjudication is
   39  withheld. For the purpose of determining whether a conviction is
   40  a first, second, third, or subsequent conviction for the
   41  purposes of sentencing under this section, the term “conviction”
   42  includes being convicted of a violation of this section, the
   43  completion of any diversion or other program that results in the
   44  dismissal or change of charge of a violation of this section, or
   45  the acceptance of a plea creating a change of charge of a
   46  violation of this section.
   47         (2) A person may not:
   48         (a) Drive any motor vehicle in any street takeover, stunt
   49  driving, race, speed competition or contest, drag race or
   50  acceleration contest, test of physical endurance, or exhibition
   51  of speed or acceleration or for the purpose of making a speed
   52  record on any highway, roadway, or parking lot;
   53         (b) In any manner participate in, coordinate through social
   54  media or otherwise, facilitate, or collect moneys at any
   55  location for any such race, drag race, street takeover, stunt
   56  driving, competition, contest, test, or exhibition;
   57         (c) Knowingly ride as a passenger in any such race, drag
   58  race, street takeover, stunt driving, competition, contest,
   59  test, or exhibition;
   60         (d) Purposefully cause the movement of traffic, including
   61  pedestrian traffic, to slow, stop, or be impeded in any way for
   62  any such race, drag race, street takeover, stunt driving,
   63  competition, contest, test, or exhibition;
   64         (e) Operate a motor vehicle for the purpose of filming or
   65  recording the activities of participants in any such race, drag
   66  race, street takeover, stunt driving, competition, contest,
   67  test, or exhibition. This paragraph does not apply to bona fide
   68  members of the news media; or
   69         (f) Operate a motor vehicle carrying any amount of fuel for
   70  the purposes of fueling a motor vehicle involved in any such
   71  race, drag race, street takeover, stunt driving, competition,
   72  contest, test, or exhibition.
   73         (3)(a) Any person who violates subsection (2) commits a
   74  misdemeanor of the first degree, punishable as provided in s.
   75  775.082 or s. 775.083. Any person who violates subsection (2)
   76  shall pay a fine of not less than $1,500 $500 and not more than
   77  $2,500 $1,000, and the department shall revoke the driver
   78  license of a person so convicted for 1 year. A hearing may be
   79  requested pursuant to s. 322.271.
   80         (b) Any person who commits a second violation of subsection
   81  (2) within 1 year 5 years after the date of a prior violation
   82  that resulted in a conviction for a violation of subsection (2)
   83  commits a felony of the third degree misdemeanor of the first
   84  degree, punishable as provided in s. 775.082 or s. 775.083, and
   85  shall pay a fine of not less than $5,000 $1,000 and not more
   86  than $7,500 $3,000. Pursuant to the Florida Contraband
   87  Forfeiture Act, the arresting law enforcement agency may move to
   88  seize any vehicle used in the violation of subsection (2). The
   89  department shall also revoke the driver license of that person
   90  for 2 years. A hearing may be requested pursuant to s. 322.271.
   91         (c) Any person who violates subsection (2) and, in the
   92  course of committing the offense, impedes, obstructs, or
   93  interferes with an emergency vehicle commits a felony of the
   94  third degree, punishable as provided in paragraph (3)(b).
   95         (d) Any person who commits a second or subsequent violation
   96  of paragraph (c) commits a felony of the second degree,
   97  punishable as provided in s. 775.082 or s. 775.083.
   98         (e) Any person who commits a third or subsequent violation
   99  of subsection (2) within 5 years after the date of a prior
  100  violation that resulted in a conviction for a violation of
  101  subsection (2) commits a felony misdemeanor of the second first
  102  degree, punishable as provided in s. 775.082 or s. 775.083, and
  103  shall pay a fine of not less than $7,500 $2,000 and not more
  104  than $10,000 $5,000. The department shall also revoke the driver
  105  license of that person for 4 years. A hearing may be requested
  106  pursuant to s. 322.271.
  107         (f)(d) In any case charging a violation of subsection (2),
  108  the court shall be provided a copy of the driving record of the
  109  person charged and may obtain any records from any other source
  110  to determine if one or more prior convictions of the person for
  111  a violation of subsection (2) have occurred within 5 years
  112  before the charged offense.
  113         (4)(a) A person may not be a spectator at any race, drag
  114  race, or street takeover prohibited under subsection (2).
  115         (b) A person who violates paragraph (a) commits a
  116  noncriminal traffic infraction, punishable by a fine of $500 as
  117  a moving violation as provided in chapter 318.
  118         (5) Whenever a law enforcement officer has probable cause
  119  to believe that a person violated subsection (2), the officer
  120  may arrest and take such person into custody without a warrant.
  121  The court may enter an order of impoundment or immobilization as
  122  a condition of incarceration or probation. Within 7 business
  123  days after the date the court issues the order of impoundment or
  124  immobilization, the clerk of the court must send notice by
  125  certified mail, return receipt requested, to the registered
  126  owner of the motor vehicle, if the registered owner is a person
  127  other than the defendant, and to each person of record claiming
  128  a lien against the motor vehicle.
  129         (c) Any motor vehicle used in violation of subsection (2)
  130  may be impounded for a period of 30 business days if a law
  131  enforcement officer has arrested and taken a person into custody
  132  pursuant to this subsection and the person being arrested is the
  133  registered owner or co-owner of the motor vehicle. If the
  134  arresting officer finds that the criteria of this paragraph are
  135  met, the officer may immediately impound the motor vehicle. The
  136  law enforcement officer shall notify the Department of Highway
  137  Safety and Motor Vehicles of any impoundment for violation of
  138  this subsection in accordance with procedures established by the
  139  department. Paragraphs (a) and (b) shall be applicable to such
  140  impoundment.
  141         Section 2. This act shall take effect July 1, 2024.