HB 97

1
A bill to be entitled
2An act relating to street racing; creating the "Luis
3Rivera Ortega Street Racing Act"; amending s. 316.191,
4F.S.; revising penalties for violating provisions
5prohibiting certain speed competitions and exhibitions;
6providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  This act may be cited as the "Luis Rivera
11Ortega Street Racing Act."
12     Section 2.  Section 316.191, Florida Statutes, is amended
13to 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
17the result of a plea or trial, regardless of whether
18adjudication is withheld.
19     (b)  "Drag race" means the operation of two or more motor
20vehicles from a point side by side at accelerating speeds in a
21competitive attempt to outdistance each other, or the operation
22of one or more motor vehicles over a common selected course,
23from the same point to the same point, for the purpose of
24comparing the relative speeds or power of acceleration of such
25motor vehicle or motor vehicles within a certain distance or
26time limit.
27     (c)  "Race" means the use of one or more motor vehicles in
28competition, arising from a challenge to demonstrate superiority
29of a motor vehicle or driver and the acceptance or competitive
30response to that challenge, either through a prior arrangement
31or in immediate response, in which the competitor attempts to
32outgain or outdistance another motor vehicle, to prevent another
33motor vehicle from passing, to arrive at a given destination
34ahead of another motor vehicle or motor vehicles, or to test the
35physical stamina or endurance of drivers over long-distance
36driving routes. A race may be prearranged or may occur through a
37competitive response to conduct on the part of one or more
38drivers which, under the totality of the circumstances, can
39reasonably be interpreted as a challenge to race.
40     (d)  "Spectator" means any person who is knowingly present
41at and views a drag race, when such presence is the result of an
42affirmative choice to attend or participate in the race. For
43purposes of determining whether or not an individual is a
44spectator, finders of fact shall consider the relationship
45between the racer and the individual, evidence of gambling or
46betting on the outcome of the race, and any other factor that
47would tend to show knowing attendance or participation.
48     (2)(a)  A person may not:
49     (a)1.  Drive any motor vehicle, including any motorcycle,
50in any race, speed competition or contest, drag race or
51acceleration contest, test of physical endurance, or exhibition
52of speed or acceleration or for the purpose of making a speed
53record on any highway, roadway, or parking lot;
54     (b)2.  In any manner participate in, coordinate,
55facilitate, or collect moneys at any location for any such race,
56competition, contest, test, or exhibition;
57     (c)3.  Knowingly ride as a passenger in any such race,
58competition, contest, test, or exhibition; or
59     (d)4.  Purposefully cause the movement of traffic to slow
60or stop for any such race, competition, contest, test, or
61exhibition.
62     (3)(a)  Any person who violates subsection (2) any
63provision of this paragraph commits a misdemeanor of the first
64degree, punishable as provided in s. 775.082 or s. 775.083. Any
65person who violates subsection (2) any provision of this
66paragraph shall pay a fine of not less than $500 and not more
67than $1,000, and the department shall revoke the driver license
68of a person so convicted for 1 year. A hearing may be requested
69pursuant to s. 322.271.
70     (b)  Any person who commits a second violation of
71subsection (2) violates paragraph (a) within 5 years after the
72date of a prior violation that resulted in a conviction for a
73violation of subsection (2) this subsection commits a
74misdemeanor of the first degree, punishable as provided in s.
75775.082 or s. 775.083, and shall pay a fine of not less than
76$1,000 $500 and not more than $3,000 $1,000. The department
77shall also revoke the driver license of that person for 2 years.
78A hearing may be requested pursuant to s. 322.271.
79     (c)  Any person who commits a third violation of subsection
80(2) within 5 years after the date of a prior violation that
81resulted in a conviction for a violation of subsection (2)
82commits a misdemeanor of the first degree, punishable as
83provided in s. 775.082 or s. 775.083, and shall pay a fine of
84not less than $2,000 and not more than $5,000. The department
85shall also revoke the driver license of that person for 4 years.
86A hearing may be requested pursuant to s. 322.271.
87     (d)(c)  In any case charging a violation of subsection (2)
88paragraph (a), the court shall be provided a copy of the driving
89record of the person charged and may obtain any records from any
90other source to determine if one or more prior convictions of
91the person for a violation of subsection (2) paragraph (a) have
92occurred within 5 years prior to the charged offense.
93     (4)(3)(a)  A person may not be a spectator at any drag race
94prohibited under subsection (2).
95     (b)  A person who violates the provisions of paragraph (a)
96commits a noncriminal traffic infraction, punishable as a moving
97violation as provided in chapter 318.
98     (5)(4)  Whenever a law enforcement officer determines that
99a person was engaged in a drag race or race, as described in
100subsection (1), the officer may immediately arrest and take such
101person into custody. The court may enter an order of impoundment
102or immobilization as a condition of incarceration or probation.
103Within 7 business days after the date the court issues the order
104of impoundment or immobilization, the clerk of the court must
105send notice by certified mail, return receipt requested, to the
106registered owner of the motor vehicle, if the registered owner
107is a person other than the defendant, and to each person of
108record claiming a lien against the motor vehicle.
109     (a)  Notwithstanding any provision of law to the contrary,
110the impounding agency shall release a motor vehicle under the
111conditions provided in s. 316.193(6)(e), (f), (g), and (h), if
112the owner or agent presents a valid driver license at the time
113of pickup of the motor vehicle.
114     (b)  All costs and fees for the impoundment or
115immobilization, including the cost of notification, must be paid
116by the owner of the motor vehicle or, if the motor vehicle is
117leased or rented, by the person leasing or renting the motor
118vehicle, unless the impoundment or immobilization order is
119dismissed. All provisions of s. 713.78 shall apply.
120     (c)  Any motor vehicle used in violation of subsection (2)
121may be impounded for a period of 30 business days if a law
122enforcement officer has arrested and taken a person into custody
123pursuant to this subsection and the person being arrested is the
124registered owner or coowner of the motor vehicle. If the
125arresting officer finds that the criteria of this paragraph are
126met, the officer may immediately impound the motor vehicle. The
127law enforcement officer shall notify the Department of Highway
128Safety and Motor Vehicles of any impoundment for violation of
129this subsection in accordance with procedures established by the
130department. The provisions of Paragraphs (a) and (b) shall be
131applicable 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
134conviction of that person for a violation under subsection (2)
135may be seized and forfeited as provided by the Florida
136Contraband Forfeiture Act. This subsection shall only be
137applicable if the owner of the motor vehicle is the person
138charged with violating violation of subsection (2).
139     (7)(6)  This section does not apply to licensed or duly
140authorized racetracks, drag strips, or other designated areas
141set aside by proper authorities for such purposes.
142     Section 3.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.