Senate Bill sb1738

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    Florida Senate - 2002                                  SB 1738

    By Senator Smith





    5-1712-02                                               See HB

  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 for

  7         impounding vehicle; specifying penalties for

  8         violations by minors; providing an effective

  9         date.

10

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

12

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" means is defined as the operation

18  of two or more vehicles from a point side by side at

19  accelerating speeds in a competitive attempt to outdistance

20  each other, or the operation of one or more vehicles over a

21  common selected course, from the same point to the same point,

22  for the purpose of comparing the relative speeds or power of

23  acceleration of such vehicle or vehicles within a certain

24  distance or time limit.

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

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

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

28  destination ahead of another vehicle or vehicles, or to test

29  the physical stamina or endurance of drivers over

30  long-distance driving routes.

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    Florida Senate - 2002                                  SB 1738
    5-1712-02                                               See HB




  1         (2)(a)(1)  No person shall drive any vehicle in any

  2  race, speed competition or contest, drag race or acceleration

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

  4  acceleration, or for the purpose of making a speed record on

  5  any highway, roadway, or parking lot. A violation of this

  6  paragraph constitutes a misdemeanor of the first degree,

  7  punishable as provided in s. 775.082, s. 775.083, or s.

  8  775.084. Any person who violates this paragraph shall pay a

  9  fine of not less than $250 nor more than $750, and the

10  department shall revoke the driver license of a person so

11  convicted for up to 1 year, and no person shall in any manner

12  participate in any such race, competition, contest, test, or

13  exhibition.

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

15  years after the date of a prior violation which resulted in a

16  conviction for a violation of this subsection commits a felony

17  of the third degree and shall pay a fine of not less than $500

18  nor more than $1,000. Additionally, the department shall

19  revoke the driver license of that person for 2 years.

20         1.  In any case charging a violation of paragraph (a),

21  the court shall obtain from the department a copy of the

22  driving record of the person charged and may obtain any

23  records from any other source to determine whether one or more

24  prior convictions of the person for violation of paragraph (a)

25  have occurred within 5 years prior to the charged offense.

26         2.  In any case charging a violation of this subsection

27  and when the offense occurs within 5 years after one or more

28  prior offenses which resulted in conviction of violation of

29  this subsection, the court shall not strike any prior

30  conviction of those offenses for purposes of sentencing in

31  order to avoid imposing, as part of the sentence or term of

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    Florida Senate - 2002                                  SB 1738
    5-1712-02                                               See HB




  1  the probation, the minimum time of imprisonment or for

  2  purposes of avoiding revocation, suspension, or restriction of

  3  the privilege to operate a motor vehicle, as provided in this

  4  section.

  5         (3)  Whenever a law enforcement officer determines that

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

  7  subsection (1), the law enforcement officer may immediately

  8  arrest and take into custody such person, and shall cause the

  9  vehicle used in the contest to be impounded for not less than

10  5 days in any police or towing company compound.

11         (a)  Notwithstanding any provision of law to the

12  contrary, the impounding agency shall release or have made

13  released a motor vehicle to the registered owner or his or her

14  agent prior to the conclusion of the impoundment period

15  described in this subsection, under any of the following

16  circumstances:

17         1.  If the vehicle is a stolen vehicle.

18         2.  If the person alleged to have been engaged in the

19  motor vehicle speed contest, as described in this section, was

20  not authorized by the registered owner of the motor vehicle to

21  operate the motor vehicle at the time of the commission of the

22  offense.

23         3.  If the legal owner or registered owner of the

24  vehicle is a rental car agency.

25         4.  If, prior to the conclusion of the impoundment

26  period, a citation or notice is dismissed, criminal charges

27  are not filed by the state attorney because of a lack of

28  evidence, or the charges are otherwise dismissed by the court.

29         (b)  A vehicle shall be released pursuant to this

30  subsection only if the registered owner or his or her agent

31  presents a currently valid driver license to operate the

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    Florida Senate - 2002                                  SB 1738
    5-1712-02                                               See HB




  1  vehicle and proof of current vehicle registration, or if

  2  ordered by a court.

  3         (c)  If, pursuant to subparagraph (a)4., a motor

  4  vehicle is released prior to the conclusion of the impoundment

  5  period, neither the person charged with a violation of this

  6  section nor the registered owner of the vehicle is responsible

  7  for towing and storage charges, nor shall the motor vehicle be

  8  sold to satisfy those charges.

  9         (d)  A vehicle seized and removed under this subsection

10  shall be released to the legal owner of the vehicle, or the

11  legal owner's agent, on or before the 30th day after

12  impoundment if all of the following conditions are met:

13         1.  The legal owner is a motor vehicle dealer, bank,

14  credit union, acceptance corporation, or other licensed

15  financial institution legally operating in this state, or is

16  another person, not the registered owner, holding a security

17  interest in the vehicle.

18         2.  The legal owner or the legal owner's agent pays all

19  towing and storage fees related to the impoundment of the

20  vehicle. No lien sale processing fees shall be charged to a

21  legal owner who redeems the vehicle on or before the 15th day

22  after impoundment.

23         3.  The legal owner or the legal owner's agent presents

24  foreclosure documents or an affidavit of repossession for the

25  vehicle.

26         (e)1.  The registered owner or his or her agent is

27  responsible for all towing and storage charges related to the

28  impoundment and for any administrative charges authorized

29  under this section.

30         2.  Notwithstanding subparagraph 1., if the person

31  convicted of engaging in a motor vehicle speed contest was not

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    Florida Senate - 2002                                  SB 1738
    5-1712-02                                               See HB




  1  authorized by the registered owner of the motor vehicle to

  2  operate the motor vehicle at the time of the commission of the

  3  offense, the court shall order the convicted person to

  4  reimburse the registered owner for any towing and storage

  5  charges related to the impoundment and for any administrative

  6  charges authorized under this section incurred by the

  7  registered owner to obtain possession of the vehicle, unless

  8  the court finds that the person convicted does not have the

  9  ability to pay all or part of those charges.

10         3.  If the vehicle is a rental vehicle, the rental car

11  agency may require the person to whom the vehicle was rented

12  to pay all towing and storage charges related to the

13  impoundment and any administrative charges authorized under

14  this section that were incurred by the rental car agency in

15  connection with obtaining possession of the vehicle.

16         4.  The owner shall not be liable for any towing and

17  storage charges related to the impoundment if acquittal or

18  dismissal occurs.

19         5.  The vehicle shall not be sold prior to the

20  defendant's conviction.

21         6.  The impounding agency is responsible for the actual

22  costs incurred by the towing agency as a result of the

23  impoundment should the registered owner be absolved of

24  liability for those charges pursuant to paragraph (a).

25  However, nothing shall prohibit the impounding agency from

26  making prior payment arrangements to satisfy this requirement.

27         (f)  Any period in which a vehicle is subjected to

28  storage under this section shall be included as part of the

29  period of impoundment ordered by the court.

30         (4)(a)  No person shall in any manner facilitate, aid

31  or abet, or participate or be a spectator in any drag race,

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    Florida Senate - 2002                                  SB 1738
    5-1712-02                                               See HB




  1  race, competition, contest, test, or exhibition, nor shall

  2  such person for the purpose of speed competition obstruct or

  3  cause in any manner, or place a barricade or obstruction that

  4  causes, the movement of traffic to slow or stop in any such

  5  drag race, race, competition, contest, test, or exhibition.

  6  Any person who violates this paragraph commits a misdemeanor

  7  of the second degree, punishable as provided in s. 775.082 or

  8  s. 775.083.

  9         (b)  When three or more people gather for the purpose

10  of violating paragraph (a), it shall constitute a "breach of

11  the peace" and shall be punishable as provided in s. 870.02.

12         (5)  A minor who violates subsection (2) commits a

13  misdemeanor of the second degree and, for a first offense, may

14  serve detention of up to 3 days in a secure detention facility

15  and, in addition to any other penalty provided by law, shall

16  be required to perform 100 hours of community service.

17         (a)  The court may further revoke, suspend, or withhold

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

19  age who violates subsection (2) as an alternative to

20  sentencing the person to:

21         1.  Probation as defined in s. 985.03 or commitment to

22  the Department of Juvenile Justice, if the person is

23  adjudicated delinquent for such violation and has not

24  previously been convicted of or adjudicated delinquent for any

25  criminal offense, regardless of whether adjudication was

26  withheld.

27         2.  Probation as defined in s. 985.03, commitment to

28  the Department of Juvenile Justice, probation as defined in s.

29  948.001, community control, or incarceration, if the person is

30  convicted of such violation as an adult and has not previously

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    Florida Senate - 2002                                  SB 1738
    5-1712-02                                               See HB




  1  been convicted of or adjudicated delinquent for any criminal

  2  offense, regardless of whether adjudication was withheld.

  3         (b)  A court that revokes, suspends, or withholds

  4  issuance of a driver license under paragraph (a) shall:

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

  6  driver license or driving privilege, direct the department to

  7  revoke or to withhold issuance of the minor's driver license

  8  or privilege for up to 1 year.

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

10  is under suspension or revocation for any reason, direct the

11  department to extend the period of suspension or revocation by

12  an additional period of up to 1 year.

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

14  driver license or driving privilege, direct the department to

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

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

17  would otherwise have become eligible.

18         (6)  For a second or subsequent offense, a minor who

19  violates subsection (2) commits a misdemeanor of the first

20  degree and shall serve a period of detention of up to 15 days

21  in a secure detention facility and shall be required to

22  perform not less than 100 nor more than 250 hours of community

23  service.

24         (a)  The court may further revoke, suspend, or withhold

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

26  age who violates subsection (2) as an alternative to

27  sentencing the person to:

28         1.  Probation as defined in s. 985.03 or commitment to

29  the Department of Juvenile Justice, if the person is

30  adjudicated delinquent for such violation and has not

31  previously been convicted of or adjudicated delinquent for any

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    Florida Senate - 2002                                  SB 1738
    5-1712-02                                               See HB




  1  criminal offense, regardless of whether adjudication was

  2  withheld.

  3         2.  Probation as defined in s. 985.03, commitment to

  4  the Department of Juvenile Justice, probation as defined in s.

  5  948.001, community control, or incarceration, if the person is

  6  convicted of such violation as an adult and has not previously

  7  been convicted of or adjudicated delinquent for any criminal

  8  offense, regardless of whether adjudication was withheld.

  9         (b)  A court that revokes, suspends, or withholds

10  issuance of a driver license under paragraph (a) shall:

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

12  driver license or driving privilege, direct the department to

13  revoke or to withhold issuance of the minor's driver license

14  or privilege for up to 2 years.

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

16  is under suspension or revocation for any reason, direct the

17  department to extend the period of suspension or revocation by

18  an additional period of up to 2 years.

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

20  driver license or driving privilege, direct the department to

21  withhold issuance of the minor's driver license or driving

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

23  would otherwise have become eligible.

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25  For the purpose of this subsection, community service shall be

26  performed, if possible, in a manner involving a hospital

27  emergency room or other medical environment that deals on a

28  regular basis with trauma patients and gunshot wounds.

29         (7)  A minor who violates subsection (4) shall be

30  punished for a first offense as provided in subsection (4),

31  except that, in lieu of being charged with the penalties

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    Florida Senate - 2002                                  SB 1738
    5-1712-02                                               See HB




  1  provided in such subsection, the court may impose a fine of

  2  not less than $100 nor more than $500. In lieu of such fine,

  3  the court may require the minor to perform public service as

  4  designated by the court. In no event shall any minor be

  5  required to perform fewer than the number of hours of public

  6  service necessary to satisfy the fine assessed by the court,

  7  as provided by this subsection, at the minimum wage prevailing

  8  in the state at the time of sentencing.

  9         (8)  For a second or subsequent offense, a minor who

10  violates subsection (4) commits a misdemeanor of the second

11  degree and shall be required to perform not less than 50 nor

12  more than 150 hours of community service.

13         (a)  The court may further revoke, suspend, or withhold

14  issuance of the driver license of a person less than 18 years

15  of age who violates subsection (4), as an alternative to

16  sentencing the person to:

17         1.  Probation as defined in s. 985.03 or commitment to

18  the Department of Juvenile Justice, if the person is

19  adjudicated delinquent for such violation and has not

20  previously been convicted of or adjudicated delinquent for any

21  criminal offense, regardless of whether adjudication was

22  withheld.

23         2.  Probation as defined in s. 985.03, commitment to

24  the Department of Juvenile Justice, probation as defined in s.

25  948.001, community control, or incarceration, if the person is

26  convicted of such violation as an adult and has not previously

27  been convicted of or adjudicated delinquent for any criminal

28  offense, regardless of whether adjudication was withheld.

29         (b)  A court that revokes, suspends, or withholds

30  issuance of a driver license under paragraph (a) shall:

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    Florida Senate - 2002                                  SB 1738
    5-1712-02                                               See HB




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

  2  driver license or driving privilege, direct the department to

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

  4  or privilege for up to 6 months.

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

  6  is under suspension or revocation for any reason, direct the

  7  department to extend the period of suspension or revocation by

  8  an additional period of up to 6 months.

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

10  driver license or driving privilege, direct the department to

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

12  privilege for up to 6 months after the date on which the minor

13  would otherwise have become eligible.

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15  For the purpose of this subsection, community service shall be

16  performed, if possible, in a manner involving a hospital

17  emergency room or other medical environment that deals on a

18  regular basis with trauma patients and gunshot wounds.

19         (9)(4)  This section does not apply to licensed or duly

20  authorized racetracks, drag strips, or other designated areas

21  set aside by proper authorities for such purposes.

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

23  traffic infraction, punishable pursuant to chapter 318 as

24  either a pedestrian violation or, if the infraction resulted

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

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

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    Florida Senate - 2002                                  SB 1738
    5-1712-02                                               See HB




  1            *****************************************

  2                          HOUSE SUMMARY

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      Revises provisions prohibiting specified contests and
  4    competitions in a motor vehicle. Revises penalties for
      violation. Provides for impounding vehicle. Specifies
  5    penalties for violations by minors. See bill for details.

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