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



                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1225

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  The Committee on Crime Prevention, Corrections & Safety

12  offered the following:

13

14         Amendment (with title amendment) 

15  Remove everything after the enacting clause

16

17  and insert:

18         Section 1.  Section 316.191, Florida Statutes, is

19  amended to read:

20         316.191  Racing on highways.--

21         (1)  As used in this section:

22         (a)(2)  "Drag race" is defined as the operation of two

23  or more vehicles from a point side by side at accelerating

24  speeds in a competitive attempt to outdistance each other, or

25  the operation of one or more vehicles over a common selected

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

27  of comparing the relative speeds or power of acceleration of

28  such vehicle or vehicles within a certain distance or time

29  limit.

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

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1225

    Amendment No. 01 (for drafter's use only)





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

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

  3  stamina or endurance of drivers over long-distance driving

  4  routes.

  5         (2)(a)(1)  No person shall drive any vehicle, including

  6  any motorcycle, in any race, speed competition or contest,

  7  drag race or acceleration contest, test of physical endurance,

  8  exhibition of speed or acceleration, or for the purpose of

  9  making a speed record on any highway, roadway, or parking lot,

10  and no person shall in any manner participate in, coordinate,

11  facilitate, or collect moneys at any location for any such

12  race, or ride as a passenger in, or purposefully cause the

13  movement of traffic to slow or stop for, any such race,

14  competition, contest, test, or exhibition. A violation of this

15  paragraph constitutes a misdemeanor of the second degree,

16  punishable as provided in s. 775.082 or s. 775.083. Any person

17  who violates this paragraph shall pay a fine of not less than

18  $250 and not more than $500, and the department shall revoke

19  the driver license of a person so convicted for 1 year. A

20  hearing may be requested pursuant to the provisions of s.

21  322.271.

22         (b)  Any person who violates paragraph (a) within 5

23  years after the date of a prior violation that resulted in a

24  conviction for a violation of this subsection commits a

25  misdemeanor of the first degree, punishable as provided in s.

26  775.082 or s. 775.083, and shall pay a fine of not less than

27  $500 and not more than $1,000. The department shall also

28  revoke the driver license of that person for 2 years. A

29  hearing may be requested pursuant to the provisions of s.

30  322.271.

31         (c)  In any case charging a violation of paragraph (a),

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1225

    Amendment No. 01 (for drafter's use only)





  1  the court shall be provided a copy of the driving record of

  2  the person charged and may obtain any records from any other

  3  source to determine if one or more prior convictions of the

  4  person for violation of paragraph (a) have occurred within 5

  5  years prior to the charged offense.

  6         (d)  Any person who participates as a spectator in any

  7  drag race, race, competition, contest, or exhibition may be

  8  subject to a citation for breach of the peace or unlawful

  9  assembly, punishable as provided in s. 870.02.

10         (e)  The court may further revoke, suspend, or withhold

11  issuance of a driver license of a person less than 18 years of

12  age who violates paragraph (a) by:

13         1.  If the minor is eligible by reason of age for a

14  driver license or driving privilege, directing the department

15  to withhold issuance of the minor's driver license or

16  privilege for up to 1 year;

17         2.  If the minor's driver license or driving privilege

18  is under suspension or revocation for any reason, directing

19  the department to extend the period of suspension or

20  revocation by an additional period of up to 1 year; or

21         3.  If the minor is ineligible by reason of age for a

22  driver license or driving privilege, directing the department

23  to withhold issuance of the minor's driver license or driving

24  privilege for up to 1 year after the date on which the minor

25  would otherwise have become eligible.

26

27  The minor is eligible to petition the department for

28  restoration of the driving privilege, pursuant to s. 322.271,

29  to be issued on a restricted basis after 6 months of the

30  initial suspension has passed.

31         (f)  The court may further revoke, suspend, or withhold

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1225

    Amendment No. 01 (for drafter's use only)





  1  issuance of a driver license of a person less than 18 years of

  2  age who violates paragraph (a) within 5 years after a prior

  3  conviction for violation of this subsection by:

  4         1.  If the minor is eligible by reason of age for a

  5  driver license or driving privilege, directing the department

  6  to withhold issuance of the minor's driver license or

  7  privilege for up to 2 years;

  8         2.  If the minor's driver license or driving privilege

  9  is under suspension or revocation for any reason, directing

10  the department to extend the period of suspension or

11  revocation by an additional period of up to 2 years; or

12         3.  If the minor is ineligible by reason of age for a

13  driver license or driving privilege, directing the department

14  to withhold issuance of the minor's driver license or driving

15  privilege for up to 2 years after the date on which the minor

16  would otherwise have become eligible.

17         (3)  Whenever a law enforcement officer determines that

18  a person was engaged in a drag race or race, as described in

19  subsection (1), the officer may immediately arrest and take

20  such person into custody. The court may enter an order of

21  impoundment or immobilization as a condition of incarceration

22  or probation. Within 7 business days after the date the court

23  issues the order of impoundment or immobilization, the clerk

24  of the court must send notice by certified mail, return

25  receipt requested, to the registered owner of the vehicle, if

26  the registered owner is a person other than the defendant, and

27  to each person of record claiming a lien against the vehicle.

28         (a)  Notwithstanding any provision of law to the

29  contrary, the impounding agency shall release a motor vehicle

30  under the conditions provided in s. 316.193(6)(e), (f), (g),

31  and (h), provided that the owner or agent presents a valid

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1225

    Amendment No. 01 (for drafter's use only)





  1  driver license at the time of pickup of the vehicle.

  2         (b)  All costs and fees for the impoundment or

  3  immobilization, including the cost of notification, must be

  4  paid by the owner of the vehicle or, if the vehicle is leased

  5  or rented, by the person leasing or renting the vehicle,

  6  unless the impoundment or immobilization order is dismissed.

  7  All provisions of s. 713.78 shall apply.

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

  9  authorized racetracks, drag strips, or other designated areas

10  set aside by proper authorities for such purposes.

11         (5)  A violation of this section is a noncriminal

12  traffic infraction, punishable pursuant to chapter 318 as

13  either a pedestrian violation or, if the infraction resulted

14  from the operation of a vehicle, as a moving violation.

15         Section 2.  This act shall take effect October 1, 2002.

16

17

18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20         On page 1, line 6, after the semicolon,

21

22  insert:

23         providing penalties for certain participation

24         in such contests or competitions;

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