Senate Bill sb1738c1

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    Florida Senate - 2002                           CS for SB 1738

    By the Committee on Transportation; and Senator Smith





    306-2137-02

  1                      A bill to be entitled

  2         An act relating to motor vehicle racing

  3         contests; amending s. 316.191, F.S.; providing

  4         penalties for certain participation in such

  5         contests or competitions; providing an

  6         effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Section 316.191, Florida Statutes, is

11  amended to read:

12         316.191  Racing on highways.--

13         (1)  As used in this section, the term: No person shall

14  drive any vehicle in any race, speed competition or contest,

15  drag race or acceleration contest, test of physical endurance,

16  exhibition of speed or acceleration, or for the purpose of

17  making a speed record, and no person shall in any manner

18  participate in any such race, competition, contest, test, or

19  exhibition.

20         (a)(2)  "Drag race" is defined as the operation of two

21  or more vehicles from a point side by side at accelerating

22  speeds in a competitive attempt to outdistance each other, or

23  the operation of one or more vehicles over a common selected

24  course, from the same point to the same point, for the purpose

25  of comparing the relative speeds or power of acceleration of

26  such vehicle or vehicles within a certain distance or time

27  limit.

28         (b)(3)  "Racing" is defined as the use of one or more

29  vehicles in an attempt to outgain, outdistance, or prevent

30  another vehicle from passing, to arrive at a given destination

31  ahead of another vehicle or vehicles, or to test the physical

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    Florida Senate - 2002                           CS for SB 1738
    306-2137-02




  1  stamina or endurance of drivers over long-distance driving

  2  routes.

  3         (2)(a)  A person may not drive any vehicle, including

  4  any motorcycle, in any race; speed competition or contest;

  5  drag race or acceleration contest; test of physical endurance;

  6  exhibition of speed or acceleration; or for the purpose of

  7  making a speed record on any highway, roadway, or parking lot,

  8  and a person may not in any manner participate in, coordinate,

  9  facilitate, or collect moneys at any location for any such

10  race; ride as a passenger in; or purposefully cause the

11  movement of traffic to slow or stop for, any such race,

12  competition, contest, test, or exhibition. Any person who

13  violates this paragraph commits a misdemeanor of the second

14  degree, punishable as provided in s. 775.082 or s. 775.083.

15  Any person who violates this paragraph shall pay a fine of not

16  less than $250 and not more than $500, and the department

17  shall revoke the driver license of a person so convicted for 1

18  year. A hearing may be requested pursuant to s. 322.271.

19         (b)  Any person who violates paragraph (a) within 5

20  years after the date of a prior violation that resulted in a

21  conviction for a violation of this subsection commits a

22  misdemeanor of the first degree, punishable as provided in s.

23  775.082 or s. 775.083, and shall pay a fine of not less than

24  $500 and not more than $1,000. The department shall also

25  revoke the driver license of that person for 2 years. A

26  hearing may be requested pursuant to s. 322.271.

27         (c)  In any case charging a violation of paragraph (a),

28  the court shall be provided a copy of the driving record of

29  the person charged and may obtain any records from any other

30  source to determine if one or more prior convictions of the

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    Florida Senate - 2002                           CS for SB 1738
    306-2137-02




  1  person for violation of paragraph (a) have occurred within 5

  2  years prior to the charged offense.

  3         (d)  The court may further revoke, suspend, or withhold

  4  issuance of a driver license of a person less than 18 years of

  5  age who violates paragraph (a) by:

  6         1.  If the minor is eligible by reason of age for a

  7  driver license or driving privilege, directing the department

  8  to withhold issuance of the minor's driver license or

  9  privilege for up to 1 year;

10         2.  If the minor's driver license or driving privilege

11  is under suspension or revocation for any reason, directing

12  the department to extend the period of suspension or

13  revocation by an additional period of up to 1 year; or

14         3.  If the minor is ineligible by reason of age for a

15  driver license or driving privilege, directing the department

16  to withhold issuance of the minor's driver license or driving

17  privilege for up to 1 year after the date on which the minor

18  would otherwise have become eligible.

19

20  The minor is eligible to petition the department for

21  restoration of the driving privilege, pursuant to s. 322.271,

22  to be issued on a restricted basis after 6 months of the

23  initial suspension has passed.

24         (e)  The court may further revoke, suspend, or withhold

25  issuance of a driver license of a person less than 18 years of

26  age who violates paragraph (a) within 5 years after a prior

27  conviction for violation of this subsection by:

28         1.  If the minor is eligible by reason of age for a

29  driver license or driving privilege, directing the department

30  to withhold issuance of the minor's driver license or

31  privilege for up to 2 years;

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    Florida Senate - 2002                           CS for SB 1738
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  1         2.  If the minor's driver license or driving privilege

  2  is under suspension or revocation for any reason, directing

  3  the department to extend the period of suspension or

  4  revocation by an additional period of up to 2 years; or

  5         3.  If the minor is ineligible by reason of age for a

  6  driver license or driving privilege, directing the department

  7  to withhold issuance of the minor's driver license or driving

  8  privilege for up to 2 years after the date on which the minor

  9  would otherwise have become eligible.

10         (3)  Whenever a law enforcement officer determines that

11  a person was engaged in a drag race or race, as described in

12  subsection (1), the officer may immediately arrest and take

13  such person into custody. The court may enter an order of

14  impoundment or immobilization as a condition of incarceration

15  or probation. Within 7 business days after the date the court

16  issues the order of impoundment or immobilization, the clerk

17  of the court must send notice by certified mail, return

18  receipt requested, to the registered owner of the vehicle, if

19  the registered owner is a person other than the defendant, and

20  to each person of record claiming a lien against the vehicle.

21         (a)  Notwithstanding any provision of law to the

22  contrary, the impounding agency shall release a motor vehicle

23  under the conditions provided in s. 316.193(6)(e), (f), (g),

24  and (h), if the owner or agent presents a valid driver license

25  at the time of pickup of the vehicle.

26         (b)  All costs and fees for the impoundment or

27  immobilization, including the cost of notification, must be

28  paid by the owner of the vehicle or, if the vehicle is leased

29  or rented, by the person leasing or renting the vehicle,

30  unless the impoundment or immobilization order is dismissed.

31  All provisions of s. 713.78 shall apply.

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    Florida Senate - 2002                           CS for SB 1738
    306-2137-02




  1         (4)  This section does not apply to licensed or duly

  2  authorized racetracks, drag strips, or other designated areas

  3  set aside by proper authorities for such purposes.

  4         (5)  A violation of this section is a noncriminal

  5  traffic infraction, punishable pursuant to chapter 318 as

  6  either a pedestrian violation or, if the infraction resulted

  7  from the operation of a vehicle, as a moving violation.

  8         Section 2.  This act shall take effect October 1, 2002.

  9

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                         Senate Bill 1738

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13  Provides the offense of racing and drag racing will be a
    second degree misdemeanor for a first offense and a first
14  degree misdemeanor for a second offense that occurs within
    five years (rather than a first degree misdemeanor for a first
15  violation and a third degree felony for a second violation
    under the bill).
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    Redefines the offense to include individuals who "coordinate,
17  facilitate, or collect moneys at any location for any such
    race, or ride as a passenger in, or purposefully cause the
18  movement or traffic to slow or stop" for any such race,
    competition, contest, test or exhibition".
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