Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1764
       
       
       
       
       
       
                                Ì5513560Î551356                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/07/2024           .                                
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       The Committee on Transportation (Pizzo) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 29 - 117
    4  and insert:
    5         Section 1. Present paragraphs (b) through (k) of subsection
    6  (1) of section 316.191, Florida Statutes, are redesignated as
    7  paragraphs (c) through (l), respectively, a new paragraph (b) is
    8  added to that subsection, subsection (3), paragraph (b) of
    9  subsection (4), and paragraph (c) of subsection (5) of that
   10  section are amended, and subsection (2) and paragraph (a) of
   11  subsection (4) of that section are republished, to read:
   12         316.191 Racing on highways, street takeovers, and stunt
   13  driving.—
   14         (1) As used in this section, the term:
   15         (b)“Coordinated street takeover” means 10 or more vehicles
   16  operated in an organized manner to effect a street takeover.
   17         (2) A person may not:
   18         (a) Drive any motor vehicle in any street takeover, stunt
   19  driving, race, speed competition or contest, drag race or
   20  acceleration contest, test of physical endurance, or exhibition
   21  of speed or acceleration or for the purpose of making a speed
   22  record on any highway, roadway, or parking lot;
   23         (b) In any manner participate in, coordinate through social
   24  media or otherwise, facilitate, or collect moneys at any
   25  location for any such race, drag race, street takeover, stunt
   26  driving, competition, contest, test, or exhibition;
   27         (c) Knowingly ride as a passenger in any such race, drag
   28  race, street takeover, stunt driving, competition, contest,
   29  test, or exhibition;
   30         (d) Purposefully cause the movement of traffic, including
   31  pedestrian traffic, to slow, stop, or be impeded in any way for
   32  any such race, drag race, street takeover, stunt driving,
   33  competition, contest, test, or exhibition;
   34         (e) Operate a motor vehicle for the purpose of filming or
   35  recording the activities of participants in any such race, drag
   36  race, street takeover, stunt driving, competition, contest,
   37  test, or exhibition. This paragraph does not apply to bona fide
   38  members of the news media; or
   39         (f) Operate a motor vehicle carrying any amount of fuel for
   40  the purposes of fueling a motor vehicle involved in any such
   41  race, drag race, street takeover, stunt driving, competition,
   42  contest, test, or exhibition.
   43         (3)(a) Any person who violates subsection (2) commits a
   44  misdemeanor of the first degree, punishable as provided in s.
   45  775.082 or s. 775.083. Any person who violates subsection (2)
   46  shall pay a fine of not less than $500 and not more than $2,000
   47  $1,000, and the department shall revoke the driver license of a
   48  person so convicted for 1 year. A hearing may be requested
   49  pursuant to s. 322.271.
   50         (b) Any person who commits a second violation of subsection
   51  (2) within 1 year 5 years after the date of a prior violation
   52  that resulted in a conviction for a violation of subsection (2)
   53  commits a felony of the third degree misdemeanor of the first
   54  degree, punishable as provided in s. 775.082, or s. 775.083, or
   55  s. 775.084, and shall pay a fine of not less than $2,500 $1,000
   56  and not more than $4,000 $3,000. The department shall also
   57  revoke the driver license of that person for 2 years. A hearing
   58  may be requested pursuant to s. 322.271.
   59         (c) Any person who violates subsection (2) and, in the
   60  course of committing the offense, knowingly impedes, obstructs,
   61  or interferes with an authorized emergency vehicle as defined in
   62  s. 316.003(1) which is on call and responding to an emergency
   63  other than a violation of this section, commits a felony of the
   64  third degree, punishable as provided in paragraph (b).
   65         (d)Any person who commits a second or subsequent violation
   66  of paragraph (c) commits a felony of the second degree,
   67  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   68  The department shall also revoke the driver license of that
   69  person for 4 years. A hearing may be requested pursuant to s.
   70  322.271.
   71         (e) Any person who commits a third or subsequent violation
   72  of subsection (2) within 5 years after the date of a prior
   73  violation that resulted in a conviction for a violation of
   74  subsection (2) commits a felony misdemeanor of the second first
   75  degree, punishable as provided in s. 775.082, or s. 775.083, or
   76  s. 775.084, and shall pay a fine of not less than $3,500 $2,000
   77  and not more than $7,500 $5,000. The department shall also
   78  revoke the driver license of that person for 4 years. A hearing
   79  may be requested pursuant to s. 322.271.
   80         (f)Any person who violates paragraphs (2)(a), (d), (e), or
   81  (f) while engaged in a coordinated street takeover commits a
   82  felony of the third degree, punishable as provided in s. 775.082
   83  or s. 775.083, and shall pay a fine of not less than $2,500 and
   84  not more than $4,000. Pursuant to the Florida Contraband
   85  Forfeiture Act, the arresting law enforcement agency may move to
   86  seize any vehicle used in the violation of paragraph (d). The
   87  department shall also revoke the driver license of that person
   88  for 2 years. A hearing may be requested pursuant to s. 322.271.
   89         (g)(d) In any case charging a violation of subsection (2),
   90  the court shall be provided a copy of the driving record of the
   91  person charged and may obtain any records from any other source
   92  to determine if one or more prior convictions of the person for
   93  a violation of subsection (2) have occurred within a specified
   94  period 5 years before the charged offense.
   95         (4)(a) A person may not be a spectator at any race, drag
   96  race, or street takeover prohibited under subsection (2).
   97         (b) A person who violates paragraph (a) commits a
   98  noncriminal traffic infraction, punishable by a fine of $400 as
   99  a moving violation as provided in chapter 318.
  100  ================= T I T L E  A M E N D M E N T ================
  101  And the title is amended as follows:
  102         Delete lines 3 - 21
  103  and insert:
  104         316.191, F.S.; defining the term “coordinated street
  105         takeover”; increasing the maximum fine for violations
  106         of prohibitions against drag race, street takeover,
  107         stunt driving, competition, contest, test, or
  108         exhibitions; revising applicability of the penalty for
  109         second violations of prohibitions against drag race,
  110         street takeover, stunt driving, competition, contest,
  111         test, or exhibition; increasing the fine for any such
  112         violations; providing penalties for knowingly
  113         impeding, obstructing, or interfering with an
  114         authorized emergency vehicle that is on call or
  115         responding to an emergency while participating in a
  116         drag race, street takeover, stunt driving,
  117         competition, contest, test, or exhibition; revising
  118         applicability of the penalty for third or subsequent
  119         violations of prohibitions against