Florida Senate - 2022                       CS for CS for SB 876
       
       
        
       By the Committees on Criminal Justice; and Transportation; and
       Senators Pizzo and Rodrigues
       
       
       
       
       591-02598-22                                           2022876c2
    1                        A bill to be entitled                      
    2         An act relating to stunt driving on highways; amending
    3         s. 316.191, F.S.; defining terms; revising the
    4         definition of the term “spectator”; prohibiting
    5         specified acts relating to street takeovers or stunt
    6         driving on highways, roadways, or parking lots;
    7         prohibiting the operation of a vehicle for specified
    8         purposes; providing an exception; prohibiting the
    9         operation of a vehicle in a manner that would
   10         constitute a street takeover; prohibiting a person
   11         from being a spectator at a street takeover; providing
   12         applicability of specified criminal penalties;
   13         amending s. 316.2397, F.S.; providing criminal
   14         penalties for unlawful use of certain lights; amending
   15         s. 318.18, F.S.; providing applicability of a certain
   16         civil penalty; amending s. 843.08, F.S.; prohibiting a
   17         person from falsely assuming or pretending to be
   18         specified persons by the unlawful use of certain
   19         lights; providing criminal penalties; amending s.
   20         901.15, F.S.; conforming a provision to changes made
   21         by the act; reenacting ss. 316.027(2)(c) and
   22         322.0261(4)(a) and (b), F.S., relating to crashes
   23         involving death or personal injuries and driver
   24         improvement courses, respectively, to incorporate the
   25         amendment made to s. 316.191, F.S., in references
   26         thereto; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 316.191, Florida Statutes, is amended to
   31  read:
   32         316.191 Racing on highways, street takeovers, and stunt
   33  driving on highways.—
   34         (1) As used in this section, the term:
   35         (a) “Burnout” means a maneuver performed while operating a
   36  motor vehicle whereby the vehicle is kept stationary, or is in
   37  motion, while the wheels are spun, the resulting friction
   38  causing the vehicle’s tires to heat up and emit smoke.
   39         (b) “Conviction” means a determination of guilt that is the
   40  result of a plea or trial, regardless of whether adjudication is
   41  withheld.
   42         (c)“Doughnut” means a maneuver performed while operating a
   43  motor vehicle whereby the front or rear of the vehicle is
   44  rotated around the opposite set of wheels in a continuous motion
   45  which may cause a circular skid-mark pattern of rubber on the
   46  driving surface or the tires to heat up and emit smoke from
   47  friction, or both.
   48         (d)(b) “Drag race” means the operation of two or more motor
   49  vehicles from a point side by side at accelerating speeds in a
   50  competitive attempt to outdistance each other, or the operation
   51  of one or more motor vehicles over a common selected course,
   52  from the same point to the same point, for the purpose of
   53  comparing the relative speeds or power of acceleration of such
   54  motor vehicle or motor vehicles within a certain distance or
   55  time limit.
   56         (e)“Drifting” means a maneuver performed while operating a
   57  motor vehicle whereby the vehicle is steered so that it makes a
   58  controlled skid sideways through a turn with the front wheels
   59  pointed in a direction opposite to that of the turn.
   60         (f)(c) “Race” means the use of one or more motor vehicles
   61  in competition, arising from a challenge to demonstrate
   62  superiority of a motor vehicle or driver and the acceptance or
   63  competitive response to that challenge, either through a prior
   64  arrangement or in immediate response, in which the competitor
   65  attempts to outgain or outdistance another motor vehicle, to
   66  prevent another motor vehicle from passing, to arrive at a given
   67  destination ahead of another motor vehicle or motor vehicles, or
   68  to test the physical stamina or endurance of drivers over long
   69  distance driving routes. A race may be prearranged or may occur
   70  through a competitive response to conduct on the part of one or
   71  more drivers which, under the totality of the circumstances, can
   72  reasonably be interpreted as a challenge to race.
   73         (g)(d) “Spectator” means any person who is knowingly
   74  present at and views a drag race or street takeover, when such
   75  presence is the result of an affirmative choice to attend or
   76  participate in the event race. For purposes of determining
   77  whether or not an individual is a spectator, finders of fact
   78  shall consider the relationship between the motor vehicle
   79  operator racer and the individual, evidence of gambling or
   80  betting on the outcome of the event race, filming or recording
   81  the event, or posting the event on social media, and any other
   82  factor that would tend to show knowing attendance or
   83  participation.
   84         (h)“Street takeover” means the taking over of a portion of
   85  a highway or roadway by blocking or impeding the regular flow of
   86  traffic to perform burnouts, doughnuts, drifting, wheelies, or
   87  other stunt driving.
   88         (i)“Stunt driving” means to perform or engage in any
   89  burnouts, doughnuts, drifting, wheelies, or other activity on a
   90  roadway or highway which is likely to delay, distract, startle,
   91  or interfere with other users of the roadway or highway.
   92         (j)“Wheelie” means a maneuver performed while operating a
   93  motor vehicle whereby a motorcycle or other motor vehicle is
   94  ridden for a distance with the front wheel or wheels raised off
   95  the ground.
   96         (2) A person may not:
   97         (a) Drive any motor vehicle, including any motorcycle,
   98  autocycle, moped, all-terrain vehicle, off-road vehicle, or
   99  vehicle not licensed to operate on a highway or roadway, in any
  100  street takeover, stunt driving, race, speed competition or
  101  contest, drag race or acceleration contest, test of physical
  102  endurance, or exhibition of speed or acceleration or for the
  103  purpose of making a speed record or exhibiting the vehicle’s
  104  performance capabilities and driver’s abilities on any highway,
  105  roadway, or parking lot;
  106         (b) In any manner participate in, coordinate through social
  107  media or otherwise, facilitate, or collect moneys at any
  108  location for any such race, drag race, street takeover, stunt
  109  driving, competition, contest, test, or exhibition;
  110         (c) Knowingly ride as a passenger in any such race, drag
  111  race, street takeover, stunt driving, competition, contest,
  112  test, or exhibition; or
  113         (d) Purposefully cause the movement of traffic, including
  114  pedestrian traffic, to slow, or stop, or be impeded in any way
  115  for any such race, drag race, street takeover, stunt driving,
  116  competition, contest, test, or exhibition;
  117         (e) Operate a vehicle for the purpose of filming or
  118  recording the activities of participants in any such race, drag
  119  race, street takeover, stunt driving, competition, contest,
  120  test, or exhibition. This paragraph does not apply to bona fide
  121  members of the news media;
  122         (f) Operate a vehicle carrying any amount of fuel for the
  123  purposes of fueling a vehicle involved in any such race, drag
  124  race, street takeover, stunt driving, competition, contest,
  125  test, or exhibition; or
  126         (g) Operate a vehicle in a manner that would constitute
  127  participation in a street takeover.
  128         (3)(a) Any person who violates subsection (2) commits a
  129  misdemeanor of the first degree, punishable as provided in s.
  130  775.082 or s. 775.083. Any person who violates subsection (2)
  131  shall pay a fine of not less than $500 and not more than $1,000,
  132  and the department shall revoke the driver license of a person
  133  so convicted for 1 year. A hearing may be requested pursuant to
  134  s. 322.271.
  135         (b) Any person who commits a second violation of subsection
  136  (2) within 5 years after the date of a prior violation that
  137  resulted in a conviction for a violation of subsection (2)
  138  commits a misdemeanor of the first degree, punishable as
  139  provided in s. 775.082 or s. 775.083, and shall pay a fine of
  140  not less than $1,000 and not more than $3,000. The department
  141  shall also revoke the driver license of that person for 2 years.
  142  A hearing may be requested pursuant to s. 322.271.
  143         (c) Any person who commits a third or subsequent violation
  144  of subsection (2) within 5 years after the date of a prior
  145  violation that resulted in a conviction for a violation of
  146  subsection (2) commits a misdemeanor of the first degree,
  147  punishable as provided in s. 775.082 or s. 775.083, and shall
  148  pay a fine of not less than $2,000 and not more than $5,000. The
  149  department shall also revoke the driver license of that person
  150  for 4 years. A hearing may be requested pursuant to s. 322.271.
  151         (d) In any case charging a violation of subsection (2), the
  152  court shall be provided a copy of the driving record of the
  153  person charged and may obtain any records from any other source
  154  to determine if one or more prior convictions of the person for
  155  a violation of subsection (2) have occurred within 5 years prior
  156  to the charged offense.
  157         (4)(a) A person may not be a spectator at any race, drag
  158  race, or street takeover prohibited under subsection (2).
  159         (b) A person who violates paragraph (a) commits a
  160  noncriminal traffic infraction, punishable as a moving violation
  161  as provided in chapter 318.
  162         (5) Whenever a law enforcement officer has probable cause
  163  to believe that a person violated subsection (2), the officer
  164  may arrest and take such person into custody without a warrant.
  165  The court may enter an order of impoundment or immobilization as
  166  a condition of incarceration or probation. Within 7 business
  167  days after the date the court issues the order of impoundment or
  168  immobilization, the clerk of the court must send notice by
  169  certified mail, return receipt requested, to the registered
  170  owner of the motor vehicle, if the registered owner is a person
  171  other than the defendant, and to each person of record claiming
  172  a lien against the motor vehicle.
  173         (a) Notwithstanding any provision of law to the contrary,
  174  the impounding agency shall release a motor vehicle under the
  175  conditions provided in s. 316.193(6)(e), (f), (g), and (h), if
  176  the owner or agent presents a valid driver license at the time
  177  of pickup of the motor vehicle.
  178         (b) All costs and fees for the impoundment or
  179  immobilization, including the cost of notification, must be paid
  180  by the owner of the motor vehicle or, if the motor vehicle is
  181  leased or rented, by the person leasing or renting the motor
  182  vehicle, unless the impoundment or immobilization order is
  183  dismissed. All provisions of s. 713.78 shall apply.
  184         (c) Any motor vehicle used in violation of subsection (2)
  185  may be impounded for a period of 30 business days if a law
  186  enforcement officer has arrested and taken a person into custody
  187  pursuant to this subsection and the person being arrested is the
  188  registered owner or co-owner of the motor vehicle. If the
  189  arresting officer finds that the criteria of this paragraph are
  190  met, the officer may immediately impound the motor vehicle. The
  191  law enforcement officer shall notify the Department of Highway
  192  Safety and Motor Vehicles of any impoundment for violation of
  193  this subsection in accordance with procedures established by the
  194  department. Paragraphs (a) and (b) shall be applicable to such
  195  impoundment.
  196         (6) Any motor vehicle used in violation of subsection (2)
  197  by any person within 5 years after the date of a prior
  198  conviction of that person for a violation under subsection (2)
  199  may be seized and forfeited as provided by the Florida
  200  Contraband Forfeiture Act. This subsection shall only be
  201  applicable if the owner of the motor vehicle is the person
  202  charged with violating subsection (2).
  203         (7) This section does not apply to licensed or duly
  204  authorized racetracks, drag strips, or other designated areas
  205  set aside by proper authorities for such purposes.
  206         Section 2. Subsection (10) of section 316.2397, Florida
  207  Statutes, is amended to read:
  208         316.2397 Certain lights prohibited; exceptions.—
  209         (10) A person who violates violation of this section
  210  commits a misdemeanor of the first degree is a noncriminal
  211  traffic infraction, punishable as a nonmoving violation as
  212  provided in s. 775.082 or s. 775.083 chapter 318.
  213         Section 3. Subsection (20) of section 318.18, Florida
  214  Statutes, is amended to read:
  215         318.18 Amount of penalties.—The penalties required for a
  216  noncriminal disposition pursuant to s. 318.14 or a criminal
  217  offense listed in s. 318.17 are as follows:
  218         (20) In addition to any other penalty, $65 for a violation
  219  of s. 316.191, prohibiting racing on highways, street takeovers,
  220  and stunt driving on highways, or s. 316.192, prohibiting
  221  reckless driving. The additional $65 collected under this
  222  subsection shall be remitted to the Department of Revenue for
  223  deposit into the Emergency Medical Services Trust Fund of the
  224  Department of Health to be used as provided in s. 395.4036.
  225         Section 4. Section 843.08, Florida Statutes, is amended to
  226  read:
  227         843.08 False personation.—A person who falsely assumes or
  228  pretends to be a firefighter, a sheriff, an officer of the
  229  Florida Highway Patrol, an officer of the Fish and Wildlife
  230  Conservation Commission, an officer of the Department of
  231  Environmental Protection, an officer of the Department of
  232  Financial Services, any personnel or representative of the
  233  Division of Investigative and Forensic Services, an officer of
  234  the Department of Corrections, a correctional probation officer,
  235  a deputy sheriff, a state attorney or an assistant state
  236  attorney, a statewide prosecutor or an assistant statewide
  237  prosecutor, a state attorney investigator, a coroner, a police
  238  officer, a lottery special agent or lottery investigator, a
  239  beverage enforcement agent, a school guardian as described in s.
  240  30.15(1)(k), a security officer licensed under chapter 493, any
  241  member of the Florida Commission on Offender Review or any
  242  administrative aide or supervisor employed by the commission,
  243  any personnel or representative of the Department of Law
  244  Enforcement, or a federal law enforcement officer as defined in
  245  s. 901.1505, and takes upon himself or herself to act as such,
  246  including by using lights in violation of s. 316.2397 or s.
  247  843.081, or to require any other person to aid or assist him or
  248  her in a matter pertaining to the duty of any such officer,
  249  commits a felony of the third degree, punishable as provided in
  250  s. 775.082, s. 775.083, or s. 775.084. However, a person who
  251  falsely personates any such officer during the course of the
  252  commission of a felony commits a felony of the second degree,
  253  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  254  If the commission of the felony results in the death or personal
  255  injury of another human being, the person commits a felony of
  256  the first degree, punishable as provided in s. 775.082, s.
  257  775.083, or s. 775.084.
  258         Section 5. Paragraph (d) of subsection (9) of section
  259  901.15, Florida Statutes, is amended to read:
  260         901.15 When arrest by officer without warrant is lawful.—A
  261  law enforcement officer may arrest a person without a warrant
  262  when:
  263         (9) There is probable cause to believe that the person has
  264  committed:
  265         (d) A racing, street takeover, or stunt driving violation
  266  as described in s. 316.191(2).
  267         Section 6. For the purpose of incorporating the amendment
  268  made by this act to section 316.191, Florida Statutes, in a
  269  reference thereto, paragraph (c) of subsection (2) of section
  270  316.027, Florida Statutes, is reenacted to read:
  271         316.027 Crash involving death or personal injuries.—
  272         (2)
  273         (c) The driver of a vehicle involved in a crash occurring
  274  on public or private property which results in the death of a
  275  person shall immediately stop the vehicle at the scene of the
  276  crash, or as close thereto as possible, and shall remain at the
  277  scene of the crash until he or she has fulfilled the
  278  requirements of s. 316.062. A person who is arrested for a
  279  violation of this paragraph and who has previously been
  280  convicted of a violation of this section, s. 316.061, s.
  281  316.191, or s. 316.193, or a felony violation of s. 322.34,
  282  shall be held in custody until brought before the court for
  283  admittance to bail in accordance with chapter 903. A person who
  284  willfully violates this paragraph commits a felony of the first
  285  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  286  775.084, and shall be sentenced to a mandatory minimum term of
  287  imprisonment of 4 years. A person who willfully commits such a
  288  violation while driving under the influence as set forth in s.
  289  316.193(1) shall be sentenced to a mandatory minimum term of
  290  imprisonment of 4 years.
  291         Section 7. For the purpose of incorporating the amendment
  292  made by this act to section 316.191, Florida Statutes, in
  293  references thereto, paragraphs (a) and (b) of subsection (4) of
  294  section 322.0261, Florida Statutes, are reenacted to read:
  295         322.0261 Driver improvement course; requirement to maintain
  296  driving privileges; failure to complete; department approval of
  297  course.—
  298         (4)(a) The department shall identify any operator convicted
  299  of, or who pleaded nolo contendere to, a violation of s.
  300  316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s.
  301  316.192 and shall require that operator, in addition to other
  302  applicable penalties, to attend a department-approved driver
  303  improvement course in order to maintain driving privileges. The
  304  department shall, within 10 days after receiving a notice of
  305  judicial disposition, send notice to the operator of the
  306  requirement to attend a driver improvement course. If the
  307  operator fails to complete the course within 90 days after
  308  receiving notice from the department, the operator’s driver
  309  license shall be canceled by the department until the course is
  310  successfully completed.
  311         (b) Any operator who receives a traffic citation for a
  312  violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or
  313  s. 316.192, for which the court withholds adjudication, is not
  314  required to attend a driver improvement course, unless the court
  315  finds that the nature or severity of the violation is such that
  316  attendance to a driver improvement course is necessary. The
  317  department shall, within 10 days after receiving a notice of
  318  judicial disposition, send notice to the operator of the
  319  requirement to attend a driver improvement course. If the
  320  operator fails to complete the course within 90 days after
  321  receiving notice from the department, the operator’s driver
  322  license shall be canceled by the department until the course is
  323  successfully completed.
  324         Section 8. This act shall take effect October 1, 2022.