House Bill hb1225e1

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                                       CS/HB 1225, First Engrossed



  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         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 316.191, Florida Statutes, is

14  amended to read:

15         316.191  Racing on highways.--

16         (1)  As used in this section:

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

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

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

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

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

22  of comparing the relative speeds or power of acceleration of

23  such vehicle or vehicles within a certain distance or time

24  limit.

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

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

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

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

29  stamina or endurance of drivers over long-distance driving

30  routes.

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                                       CS/HB 1225, First Engrossed



  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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                                       CS/HB 1225, First Engrossed



  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         (3)  Whenever a law enforcement officer determines that

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

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

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

11  impoundment or immobilization as a condition of incarceration

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

13  issues the order of impoundment or immobilization, the clerk

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

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

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

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

18         (a)  Notwithstanding any provision of law to the

19  contrary, the impounding agency shall release a motor vehicle

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

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

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

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

24  immobilization, including the cost of notification, must be

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

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

27  unless the impoundment or immobilization order is dismissed.

28  All provisions of s. 713.78 shall apply.

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

30  authorized racetracks, drag strips, or other designated areas

31  set aside by proper authorities for such purposes.


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                                       CS/HB 1225, First Engrossed



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

  2  traffic infraction, punishable pursuant to chapter 318 as

  3  either a pedestrian violation or, if the infraction resulted

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

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

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