Florida Senate - 2024                             CS for SB 1764
       
       
        
       By the Committee on Transportation; and Senator Pizzo
       
       
       
       
       
       596-02956-24                                          20241764c1
    1                        A bill to be entitled                      
    2         An act relating to car racing penalties; s. 316.191,
    3         F.S.; defining the term “coordinated street takeover”;
    4         increasing the maximum fine for violations of the
    5         prohibitions against drag racing, street takeovers,
    6         stunt driving, competitions, contests, tests, or
    7         exhibitions; revising applicability of the penalty for
    8         second violations of prohibitions against drag racing,
    9         street takeovers, stunt driving, competitions,
   10         contests, tests, or exhibitions; increasing the
   11         criminal penalties and fines for any such violations;
   12         providing penalties for knowingly impeding,
   13         obstructing, or interfering with an authorized
   14         emergency vehicle that is on call and responding to an
   15         emergency while a person is participating in a drag
   16         race, street takeover, stunt driving, competition,
   17         contest, test, or exhibition; providing penalties for
   18         any person who commits certain violations while
   19         engaged in a coordinated street takeover; authorizing
   20         the arresting officer to seize a vehicle used to
   21         perform certain acts and authorizing the department to
   22         revoke the driver license of the person who committed
   23         such acts for a specified timeframe; providing a fine
   24         for a spectator at any race, drag race, or street
   25         takeover; revising circumstances under which a motor
   26         vehicle used in connection with a specified violation
   27         may be impounded at the time of a person’s arrest;
   28         providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Present paragraphs (b) through (k) of subsection
   33  (1) of section 316.191, Florida Statutes, are redesignated as
   34  paragraphs (c) through (l), respectively, a new paragraph (b) is
   35  added to that subsection, subsection (3), paragraph (b) of
   36  subsection (4), and paragraph (c) of subsection (5) of that
   37  section are amended, and subsection (2) and paragraph (a) of
   38  subsection (4) of that section are republished, to read:
   39         316.191 Racing on highways, street takeovers, and stunt
   40  driving.—
   41         (1) As used in this section, the term:
   42         (b)“Coordinated street takeover” means 10 or more vehicles
   43  operated in an organized manner to effect a street takeover.
   44         (2) A person may not:
   45         (a) Drive any motor vehicle in any street takeover, stunt
   46  driving, race, speed competition or contest, drag race or
   47  acceleration contest, test of physical endurance, or exhibition
   48  of speed or acceleration or for the purpose of making a speed
   49  record on any highway, roadway, or parking lot;
   50         (b) In any manner participate in, coordinate through social
   51  media or otherwise, facilitate, or collect moneys at any
   52  location for any such race, drag race, street takeover, stunt
   53  driving, competition, contest, test, or exhibition;
   54         (c) Knowingly ride as a passenger in any such race, drag
   55  race, street takeover, stunt driving, competition, contest,
   56  test, or exhibition;
   57         (d) Purposefully cause the movement of traffic, including
   58  pedestrian traffic, to slow, stop, or be impeded in any way for
   59  any such race, drag race, street takeover, stunt driving,
   60  competition, contest, test, or exhibition;
   61         (e) Operate a motor vehicle for the purpose of filming or
   62  recording the activities of participants in any such race, drag
   63  race, street takeover, stunt driving, competition, contest,
   64  test, or exhibition. This paragraph does not apply to bona fide
   65  members of the news media; or
   66         (f) Operate a motor vehicle carrying any amount of fuel for
   67  the purposes of fueling a motor vehicle involved in any such
   68  race, drag race, street takeover, stunt driving, competition,
   69  contest, test, or exhibition.
   70         (3)(a) Any person who violates subsection (2) commits a
   71  misdemeanor of the first degree, punishable as provided in s.
   72  775.082 or s. 775.083. Any person who violates subsection (2)
   73  shall pay a fine of not less than $500 and not more than $2,000
   74  $1,000, and the department shall revoke the driver license of a
   75  person so convicted for 1 year. A hearing may be requested
   76  pursuant to s. 322.271.
   77         (b) Any person who commits a second violation of subsection
   78  (2) within 1 year 5 years after the date of a prior violation
   79  that resulted in a conviction for a violation of subsection (2)
   80  commits a felony of the third degree misdemeanor of the first
   81  degree, punishable as provided in s. 775.082, or s. 775.083, or
   82  s. 775.084, and shall pay a fine of not less than $2,500 $1,000
   83  and not more than $4,000 $3,000. The department shall also
   84  revoke the driver license of that person for 2 years. A hearing
   85  may be requested pursuant to s. 322.271.
   86         (c) Any person who violates subsection (2) and, in the
   87  course of committing the offense, knowingly impedes, obstructs,
   88  or interferes with an authorized emergency vehicle as defined in
   89  s. 316.003(1) which is on call and responding to an emergency
   90  other than a violation of this section, commits a felony of the
   91  third degree, punishable as provided in paragraph (b).
   92         (d)Any person who commits a second or subsequent violation
   93  of paragraph (c) commits a felony of the second degree,
   94  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   95  The department shall also revoke the driver license of that
   96  person for 4 years. A hearing may be requested pursuant to s.
   97  322.271.
   98         (e) Any person who commits a third or subsequent violation
   99  of subsection (2) within 5 years after the date of a prior
  100  violation that resulted in a conviction for a violation of
  101  subsection (2) commits a felony misdemeanor of the second first
  102  degree, punishable as provided in s. 775.082, or s. 775.083, or
  103  s. 775.084, and shall pay a fine of not less than $3,500 $2,000
  104  and not more than $7,500 $5,000. The department shall also
  105  revoke the driver license of that person for 4 years. A hearing
  106  may be requested pursuant to s. 322.271.
  107         (f)Any person who violates paragraphs (2)(a), (d), (e), or
  108  (f) while engaged in a coordinated street takeover commits a
  109  felony of the third degree, punishable as provided in s. 775.082
  110  or s. 775.083, and shall pay a fine of not less than $2,500 and
  111  not more than $4,000. Pursuant to the Florida Contraband
  112  Forfeiture Act, the arresting law enforcement agency may move to
  113  seize any vehicle used in the violation of paragraph (d). The
  114  department shall also revoke the driver license of that person
  115  for 2 years. A hearing may be requested pursuant to s. 322.271.
  116         (g)(d) In any case charging a violation of subsection (2),
  117  the court shall be provided a copy of the driving record of the
  118  person charged and may obtain any records from any other source
  119  to determine if one or more prior convictions of the person for
  120  a violation of subsection (2) have occurred within a specified
  121  period 5 years before the charged offense.
  122         (4)(a) A person may not be a spectator at any race, drag
  123  race, or street takeover prohibited under subsection (2).
  124         (b) A person who violates paragraph (a) commits a
  125  noncriminal traffic infraction, punishable by a fine of $400 as
  126  a moving violation as provided in chapter 318.
  127         (5) Whenever a law enforcement officer has probable cause
  128  to believe that a person violated subsection (2), the officer
  129  may arrest and take such person into custody without a warrant.
  130  The court may enter an order of impoundment or immobilization as
  131  a condition of incarceration or probation. Within 7 business
  132  days after the date the court issues the order of impoundment or
  133  immobilization, the clerk of the court must send notice by
  134  certified mail, return receipt requested, to the registered
  135  owner of the motor vehicle, if the registered owner is a person
  136  other than the defendant, and to each person of record claiming
  137  a lien against the motor vehicle.
  138         (c) Any motor vehicle used in violation of subsection (2)
  139  may be impounded for a period of 30 business days if a law
  140  enforcement officer has arrested and taken a person into custody
  141  pursuant to this subsection and the person being arrested is the
  142  registered owner or co-owner of the motor vehicle. If the
  143  arresting officer finds that the criteria of this paragraph are
  144  met, the officer may immediately impound the motor vehicle. The
  145  law enforcement officer shall notify the Department of Highway
  146  Safety and Motor Vehicles of any impoundment for violation of
  147  this subsection in accordance with procedures established by the
  148  department. Paragraphs (a) and (b) shall be applicable to such
  149  impoundment.
  150         Section 2. This act shall take effect July 1, 2024.