Senate Bill sb1054

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    Florida Senate - 2001                                  SB 1054

    By Senator Silver





    38-66C-01

  1                      A bill to be entitled

  2         An act relating to minors; amending ss. 318.17,

  3         316.191, F.S.; increasing penalties for racing

  4         on highways; amending s. 318.143, F.S.;

  5         requiring the courts to order the Department of

  6         Highway Safety and Motor Vehicles to revoke the

  7         driver's license of certain persons who are

  8         convicted of certain driving offenses;

  9         providing an effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Section 318.17, Florida Statutes, is

14  amended to read:

15         318.17  Offenses excepted.--No provision of this

16  chapter is available to a person who is charged with any of

17  the following offenses:

18         (1)  Fleeing or attempting to elude a police officer,

19  in violation of s. 316.1935;

20         (2)  Leaving the scene of a crash, in violation of ss.

21  316.027 and 316.061;

22         (3)  Driving, or being in actual physical control of,

23  any vehicle while under the influence of alcoholic beverages,

24  any chemical substance set forth in s. 877.111, or any

25  substance controlled under chapter 893, in violation of s.

26  316.193, or driving with an unlawful blood-alcohol level;

27         (4)  Reckless driving, in violation of s. 316.192;

28         (5)  Making false crash reports, in violation of s.

29  316.067;

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    Florida Senate - 2001                                  SB 1054
    38-66C-01




  1         (6)  Willfully failing or refusing to comply with any

  2  lawful order or direction of any police officer or member of

  3  the fire department, in violation of s. 316.072(3);

  4         (7)  Racing on highways, in violation of s. 316.191;

  5         (8)(7)  Obstructing an officer, in violation of s.

  6  316.545(1); or

  7         (9)(8)  Any other offense in chapter 316 which is

  8  classified as a criminal violation.

  9         Section 2.  Section 316.191, Florida Statutes, is

10  amended to read:

11         316.191  Racing on highways.--

12         (1)  No person shall drive any vehicle in any race,

13  speed competition or contest, drag race or acceleration

14  contest, test of physical endurance, exhibition of speed or

15  acceleration, or for the purpose of making a speed record, and

16  no person shall in any manner participate in any such race,

17  competition, contest, test, or exhibition.

18         (2)  "Drag race" is defined as the operation of two or

19  more vehicles from a point side by side at accelerating speeds

20  in a competitive attempt to outdistance each other, or the

21  operation of one or more vehicles over a common selected

22  course, from the same point to the same point, for the purpose

23  of comparing the relative speeds or power of acceleration of

24  such vehicle or vehicles within a certain distance or time

25  limit.

26         (3)  "Racing" is defined as the use of one or more

27  vehicles in an attempt to outgain, outdistance, or prevent

28  another vehicle from passing, to arrive at a given destination

29  ahead of another vehicle or vehicles, or to test the physical

30  stamina or endurance of drivers over long-distance driving

31  routes.

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    Florida Senate - 2001                                  SB 1054
    38-66C-01




  1         (4)  This section does not apply to licensed or duly

  2  authorized racetracks, drag strips or other designated areas

  3  set aside by proper authorities for such purposes.

  4         (5)  A violation of this section is punishable as

  5  provided in s. 316.192 is a noncriminal traffic infraction,

  6  punishable pursuant to chapter 318 as either a pedestrian

  7  violation or, if the infraction resulted from the operation of

  8  a vehicle, as a moving violation.

  9         Section 3.  Present subsection (5) of section 318.143,

10  Florida Statutes, is redesignated as subsection (6) and a new

11  subsection (5) is added to that section to read:

12         318.143  Sanctions for infractions by minors.--

13         (5)  Upon a conviction for a violation of s. 316.191 or

14  s. 316.193 by a person under 21 years of age, the court shall

15  order the Department of Highway Safety and Motor Vehicles to

16  revoke the person's driver's license for a period of 5 years.

17         Section 4.  This act shall take effect July 1, 2001.

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20                          SENATE SUMMARY

21    Increases penalties for racing on highways. Requires
      courts to order the Department of Highway Safety and
22    Motor Vehicles to revoke the driver's license of a minor
      who is convicted of racing on public highways, reckless
23    driving, or driving under the influence for a period of 5
      years.
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