House Bill hb1225c1

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    Florida House of Representatives - 2002             CS/HB 1225

        By the Council for Healthy Communities and Representatives
    Arza, Garcia and Slosberg





  1                      A bill to be entitled

  2         An act relating to motor vehicle racing

  3         contests; amending s. 316.191, F.S.; revising

  4         provisions prohibiting specified contests and

  5         competitions in a motor vehicle; revising

  6         penalties for violation; providing penalties

  7         for certain participation in such contests or

  8         competitions; providing for impounding vehicle;

  9         specifying penalties for violations by minors;

10         providing an effective date.

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

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14         Section 1.  Section 316.191, Florida Statutes, is

15  amended to read:

16         316.191  Racing on highways.--

17         (1)  As used in this section:

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

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

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

21  the 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         (b)(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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  1         (2)(a)(1)  No person shall drive any vehicle, including

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

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

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

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

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

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

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

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

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

11  paragraph constitutes a misdemeanor of the second degree,

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

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

14  $250 and not more than $500, and the department shall revoke

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

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

17  322.271.

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

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

20  conviction for a violation of this subsection commits a

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

22  775.082 or s. 775.083, and shall pay a fine of not less than

23  $500 and not more than $1,000. The department shall also

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

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

26  322.271.

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

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

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

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

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

  2  years prior to the charged offense.

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

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

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

  6  assembly, punishable as provided in s. 870.02.

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

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

  9  age who violates paragraph (a) by:

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

11  driver license or driving privilege, directing the department

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

13  privilege for up to 1 year;

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

15  is under suspension or revocation for any reason, directing

16  the department to extend the period of suspension or

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

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

19  driver license or driving privilege, directing the department

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

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

22  would otherwise have become eligible.

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24  The minor is eligible to petition the department for

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

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

27  initial suspension has passed.

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

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

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

31  conviction for violation of this subsection by:

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

  2  driver license or driving privilege, directing the department

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

  4  privilege for up to 2 years;

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

  6  is under suspension or revocation for any reason, directing

  7  the department to extend the period of suspension or

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

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

10  driver license or driving privilege, directing the department

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

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

13  would otherwise have become eligible.

14         (3)  Whenever a law enforcement officer determines that

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

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

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

18  impoundment or immobilization as a condition of incarceration

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

20  issues the order of impoundment or immobilization, the clerk

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

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

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

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

25         (a)  Notwithstanding any provision of law to the

26  contrary, the impounding agency shall release a motor vehicle

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

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

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

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

31  immobilization, including the cost of notification, must be

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

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

  3  unless the impoundment or immobilization order is dismissed.

  4  All provisions of s. 713.78 shall apply.

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

  6  authorized racetracks, drag strips, or other designated areas

  7  set aside by proper authorities for such purposes.

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

  9  traffic infraction, punishable pursuant to chapter 318 as

10  either a pedestrian violation or, if the infraction resulted

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

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

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