| 1 | Representative Soto offered the following: |
| 2 |
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| 3 | Amendment to Amendment (615905) (with title amendment) |
| 4 | Between lines 119 and 120, insert: |
| 5 | Section 4. Section 316.191, Florida Statutes, is amended |
| 6 | to read: |
| 7 | 316.191 Racing on highways.-- |
| 8 | (1) As used in this section, the term: |
| 9 | (a) "Conviction" means a determination of guilt that is |
| 10 | the result of a plea or trial, regardless of whether or not |
| 11 | adjudication is withheld. |
| 12 | (b) "Drag race" means the operation of two or more motor |
| 13 | vehicles in competition, arising from a challenge to demonstrate |
| 14 | superiority of a motor vehicle or driver and the acceptance or |
| 15 | competitive response to that challenge, either through a prior |
| 16 | arrangement or in immediate response, from a point side by side |
| 17 | at accelerating speeds in a competitive attempt to outdistance |
| 18 | each other, or the operation of one or more motor vehicles over |
| 19 | a common selected course, from the same point to the same point, |
| 20 | for the purpose of comparing the relative speeds or power of |
| 21 | acceleration of such motor vehicle or motor vehicles within a |
| 22 | certain distance or time limit. A drag race may be prearranged |
| 23 | or may occur through a competitive response to conduct on the |
| 24 | part of one or more drivers which, under the totality of the |
| 25 | circumstances, can reasonably be interpreted as a challenge to |
| 26 | participate in a drag race. |
| 27 | (c) "Exhibition of acceleration" means the use of a motor |
| 28 | vehicle in a demonstration to another person or persons, |
| 29 | including, but not limited to, any passenger of such motor |
| 30 | vehicle or the driver or passenger of another motor vehicle, of |
| 31 | the motor vehicle's ability to accelerate by a sudden increase |
| 32 | in speed causing a tire to lose firm traction with, or burn, |
| 33 | smoke, or squeal against, the road surface which results in the |
| 34 | vehicle's continuous acceleration to a final speed that exceeds |
| 35 | the posted or lawful speed limit. |
| 36 | (d) "Exhibition of speed" means the use of a motor vehicle |
| 37 | in a demonstration to another person or persons, including, but |
| 38 | not limited to, any passenger of such motor vehicle or the |
| 39 | driver or passenger of another motor vehicle, of the motor |
| 40 | vehicle's speed or handling capabilities at a speed of at least |
| 41 | double the posted or lawful speed limit or 100 miles per hour, |
| 42 | whichever is less. |
| 43 | (e)(c) "Race Racing" means the use of one or more motor |
| 44 | vehicles in competition, arising from a challenge to demonstrate |
| 45 | superiority of a motor vehicle or driver and the acceptance or |
| 46 | competitive response to that challenge, either through a prior |
| 47 | arrangement or in immediate response, in which the competitor |
| 48 | attempts an attempt to outgain or outdistance another motor |
| 49 | vehicle, to prevent another motor vehicle from passing, to |
| 50 | arrive at a given destination ahead of another motor vehicle or |
| 51 | motor vehicles, or to test the physical stamina or endurance of |
| 52 | drivers over long-distance driving routes. A race may be |
| 53 | prearranged or may occur through a competitive response to |
| 54 | conduct on the part of one or more drivers which, under the |
| 55 | totality of the circumstances, can reasonably be interpreted as |
| 56 | a challenge to race. |
| 57 | (f) "Spectator" means any person who is knowingly present |
| 58 | at and views an illegal race, drag race, or exhibition when such |
| 59 | presence is the result of an affirmative choice to attend or |
| 60 | participate in the race or exhibition. For purposes of |
| 61 | determining whether or not an individual is a spectator, finders |
| 62 | of fact shall consider the relationship between the racer and |
| 63 | the individual, evidence of gambling or betting on the outcome |
| 64 | of the race, and any other factor that would tend to show |
| 65 | knowing attendance or participation. |
| 66 | (2)(a) A person operating or in actual physical control of |
| 67 | a motor vehicle, including any motorcycle, on any street or |
| 68 | highway or publicly accessible parking lot may not: |
| 69 | 1. Drive any motor vehicle, including any motorcycle, in |
| 70 | any race;, |
| 71 | 2. Drive in any speed competition or contest, drag race; |
| 72 | or acceleration contest, test of physical endurance, or |
| 73 | 3. Drive in any exhibition of speed; or |
| 74 | 4. Drive in any exhibition of acceleration. or for the |
| 75 | purpose of making a speed record on any highway, roadway, or |
| 76 | parking lot; |
| 77 | (b) A person may not: |
| 78 | 1.2. In any manner knowingly participate in, coordinate, |
| 79 | facilitate, or collect moneys at any location for any such race, |
| 80 | drag race competition, contest, test, or exhibition prohibited |
| 81 | under paragraph (a); |
| 82 | 2.3. Knowingly ride as a passenger in any such race, drag |
| 83 | race competition, contest, test, or exhibition prohibited under |
| 84 | paragraph (a); or |
| 85 | 3.4. Knowingly Purposefully cause the movement of traffic |
| 86 | to slow or stop for any such race, drag race competition, |
| 87 | contest, test, or exhibition prohibited under paragraph (a). |
| 88 | (c) A person may not be a spectator at any such race, drag |
| 89 | race, or exhibition prohibited under paragraph (a). |
| 90 | (3)(a) Any person who violates any provision of this |
| 91 | paragraph (2)(a) or paragraph (2)(b) commits a misdemeanor of |
| 92 | the second first degree, punishable as provided in s. 775.082 or |
| 93 | s. 775.083. Any person who violates any provision of this |
| 94 | paragraph (2)(a) or paragraph (2)(b) shall pay a fine of not |
| 95 | less than $250 $500 and not more than $500 $1,000, and the court |
| 96 | shall revoke the driver's license of a person so convicted for 2 |
| 97 | years regardless of whether or not adjudication is withheld and |
| 98 | the department shall revoke the driver license of a person so |
| 99 | convicted for 1 year. A hearing may be requested pursuant to s. |
| 100 | 322.271. |
| 101 | (b) Any person who violates the provisions of paragraph |
| 102 | (2)(c) commits a noncriminal traffic violation, punishable as a |
| 103 | moving violation as provided in chapter 318. |
| 104 | (c)(b) Any person who violates any provision of paragraph |
| 105 | (2)(a) or paragraph (2)(b) within 5 years after the date of a |
| 106 | prior violation that resulted in a conviction for a violation of |
| 107 | paragraph (2)(a) or paragraph (2)(b) this subsection commits a |
| 108 | misdemeanor of the first degree, punishable as provided in s. |
| 109 | 775.082 or s. 775.083, and shall pay a fine of not less than |
| 110 | $500 and not more than $1,000. In any second or subsequent |
| 111 | conviction, the court may not withhold adjudication of guilt and |
| 112 | shall revoke the driver's license of that person for 5 years. |
| 113 | The department shall also revoke the driver license of that |
| 114 | person for 2 years. A hearing may be requested pursuant to s. |
| 115 | 322.271. |
| 116 | (d) Any person who violates any provision of paragraph |
| 117 | (2)(a) or paragraph (2)(b) and by reason of such violation |
| 118 | causes or in any way contributes to causing damage to the |
| 119 | property or person of another commits a misdemeanor of the first |
| 120 | degree, punishable as provided in s. 775.082 or s. 775.083, and |
| 121 | shall pay a fine of not less than $500 and not more than $1,000, |
| 122 | and the court shall revoke the driver's license of a person so |
| 123 | convicted for 2 years regardless of whether or not adjudication |
| 124 | is withheld. A hearing may be requested pursuant to s. 322.271. |
| 125 | (e) Any person who violates any provision of paragraph |
| 126 | (2)(a) or paragraph (2)(b) and by reason of such violation |
| 127 | causes or in any way contributes to causing serious bodily |
| 128 | injury to another, as defined in s. 316.1933, commits a felony |
| 129 | of the third degree, punishable as provided in s. 775.082, s. |
| 130 | 775.083, or s. 775.084, and shall pay a fine of not less than |
| 131 | $1,000. |
| 132 | (f) Any person who violates any provision of paragraph |
| 133 | (2)(a) or paragraph (2)(b) and by reason of such violation |
| 134 | causes or in any way contributes to causing the death of any |
| 135 | human being or unborn quick child commits the crime of |
| 136 | manslaughter resulting from the operation of a motor vehicle. In |
| 137 | any conviction under this paragraph, the court may not withhold |
| 138 | adjudication of guilt and shall permanently revoke the driver's |
| 139 | license of a person so convicted. A hearing may be requested |
| 140 | pursuant to s. 322.271. A person so convicted commits: |
| 141 | 1. A felony of the second degree, punishable as provided |
| 142 | in s. 775.082, s. 775.083, or s. 775.084, and shall pay a fine |
| 143 | of not less than $5,000; or |
| 144 | 2. A felony of the first degree, punishable as provided in |
| 145 | s. 775.082, s. 775.083, or s. 775.084, and shall pay a fine of |
| 146 | not less than $5,000, if: |
| 147 | a. At the time of the crash, the person knew, or should |
| 148 | have known, that the crash occurred; and |
| 149 | b. The person failed to give information and render aid as |
| 150 | required by s. 316.062. |
| 151 |
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| 152 | For purposes of this paragraph, the definition of the term |
| 153 | "unborn quick child" shall be determined in accordance with the |
| 154 | definition of viable fetus as set forth in s. 782.071. A person |
| 155 | who is convicted of manslaughter resulting from the operation of |
| 156 | a motor vehicle shall be sentenced to a mandatory minimum term |
| 157 | of imprisonment of 4 years. |
| 158 | (4)(c) In any case charging a violation of paragraph |
| 159 | (2)(a) or paragraph (2)(b), the court shall be provided a copy |
| 160 | of the driving record of the person charged and may obtain any |
| 161 | records from any other source to determine if one or more prior |
| 162 | convictions of the person for violation of paragraph (2)(a) or |
| 163 | paragraph (2)(b) have occurred within 5 years prior to the |
| 164 | charged offense; however, at trial, proof of such prior |
| 165 | conviction must be made by a certified copy of any prior |
| 166 | judgment of conviction or judgment withholding adjudication of |
| 167 | guilt. |
| 168 | (5)(a)(3) Whenever a law enforcement officer determines |
| 169 | that a person has committed a violation of paragraph (2)(a) or |
| 170 | paragraph (2)(b) was engaged in a drag race or race, as |
| 171 | described in subsection (1), the officer may immediately arrest |
| 172 | and take such person into custody, consistent with |
| 173 | constitutional requirements, regardless of whether or not the |
| 174 | offense was committed in the presence of the officer or whether |
| 175 | the officer's determination is based upon information provided |
| 176 | by anonymous tipsters, citizen informants, or any other source. |
| 177 | The court may enter an order of impoundment or immobilization as |
| 178 | a condition of incarceration or probation. Within 7 business |
| 179 | days after the date the court issues the order of impoundment or |
| 180 | immobilization, the clerk of the court must send notice by |
| 181 | certified mail, return receipt requested, to the registered |
| 182 | owner of the motor vehicle, if the registered owner is a person |
| 183 | other than the defendant, and to each person of record claiming |
| 184 | a lien against the motor vehicle. |
| 185 | (b)(a) Notwithstanding any provision of law to the |
| 186 | contrary, the impounding agency shall release a motor vehicle |
| 187 | under the conditions provided in s. 316.193(6)(e) and, (f), (g), |
| 188 | and (h), if the owner or agent presents a valid driver license |
| 189 | at the time of pickup of the motor vehicle. |
| 190 | (c)(b) All costs and fees for the impoundment or |
| 191 | immobilization, including the cost of notification, must be paid |
| 192 | by the owner of the motor vehicle or, if the motor vehicle is |
| 193 | leased or rented, by the person leasing or renting the motor |
| 194 | vehicle, unless the impoundment or immobilization order is |
| 195 | dismissed. All provisions of s. 713.78 shall apply. |
| 196 | (d)(c) Any motor vehicle used in violation of subsection |
| 197 | (2) may be impounded for a period of 30 10 business days if a |
| 198 | law enforcement officer has arrested and taken a person into |
| 199 | custody pursuant to this subsection and the person being |
| 200 | arrested is the registered owner or coowner of the motor |
| 201 | vehicle. If the arresting officer finds that the criteria of |
| 202 | this paragraph are met, the officer may immediately impound the |
| 203 | motor vehicle. The law enforcement officer shall notify the |
| 204 | Department of Highway Safety and Motor Vehicles of any |
| 205 | impoundment for violation of this subsection in accordance with |
| 206 | procedures established by the department. The provisions of |
| 207 | paragraphs (b) (a) and (c) (b) shall be applicable to such |
| 208 | impoundment. |
| 209 | (4) Any motor vehicle used in violation of subsection (2) |
| 210 | by any person within 5 years after the date of a prior |
| 211 | conviction of that person for a violation under subsection (2) |
| 212 | may be seized and forfeited as provided by the Florida |
| 213 | Contraband Forfeiture Act. This subsection shall only be |
| 214 | applicable if the owner of the motor vehicle is the person |
| 215 | charged with violation of subsection (2). |
| 216 | (6)(5) This section does not apply to licensed or duly |
| 217 | authorized racetracks, drag strips, or other designated areas |
| 218 | set aside by proper authorities for such purposes. |
| 219 | (7) If any provision of this section is deemed |
| 220 | unconstitutional by any court, such unconstitutional provision |
| 221 | shall be deemed severable and such determination shall not |
| 222 | affect the enforceability of all remaining constitutional |
| 223 | provisions of this section. |
| 224 |
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| 225 | ----------------------------------------------------- |
| 226 | T I T L E A M E N D M E N T |
| 227 | Remove line 2014 and insert: |
| 228 | zone; amending s. 316.191, F.S.; revising provisions prohibiting |
| 229 | certain speed competitions and exhibitions; revising the |
| 230 | definition of the terms "conviction," "drag race," and "race"; |
| 231 | defining the terms "exhibition of acceleration," "exhibition of |
| 232 | speed," and "spectator"; prohibiting driving in any race, drag |
| 233 | race, exhibition of speed, or exhibition of acceleration; |
| 234 | prohibiting certain acts in association with a race, drag race, |
| 235 | exhibition of speed, or exhibition of acceleration; prohibiting |
| 236 | being a spectator at any such race, drag race, or exhibition; |
| 237 | providing criminal and noncriminal penalties; providing for |
| 238 | revocation of the offender's driver's license upon conviction; |
| 239 | providing for disposition of citation for being a spectator; |
| 240 | providing penalties for a second or subsequent offense; |
| 241 | providing that a violation that causes or contributes to causing |
| 242 | serious bodily injury to another is a felony of the third |
| 243 | degree; providing that a violation that causes or contributes to |
| 244 | causing the death of any human being or unborn quick child is |
| 245 | the crime of manslaughter resulting from the operation of a |
| 246 | motor vehicle; providing penalties; providing for a |
| 247 | determination of the definition of the term "unborn quick |
| 248 | child"; requiring that the driving record of a person charged be |
| 249 | provided to the court; providing criteria for arrest; providing |
| 250 | procedures for impoundment or immobilization of a motor vehicle |
| 251 | under a court order; providing for release from impoundment |
| 252 | under specified exceptions; requiring that costs and fees of |
| 253 | impoundment to be paid by the owner or lessee of the motor |
| 254 | vehicle; providing procedures for an arresting officer to |
| 255 | immediately impound a motor vehicle used in a violation; |
| 256 | providing for the period of impoundment; removing a requirement |
| 257 | for impoundment that the person being arrested is the registered |
| 258 | owner or coowner of the motor vehicle; providing for |
| 259 | satisfaction of the element of negligent entrustment; providing |
| 260 | for severability; amending s. 316.193, F.S.; lowering the blood- |