Senate Bill sb1738c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                    CS for CS for SB 1738

    By the Committees on Appropriations; Transportation; and
    Senators Smith and Villalobos




    309-2279-02

  1                      A bill to be entitled

  2         An act relating to motor vehicle racing

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

  4         penalties for certain participation in such

  5         contests or competitions; providing an

  6         effective date.

  7  

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

  9  

10         Section 1.  Section 316.191, Florida Statutes, is

11  amended to read:

12         316.191  Racing on highways.--

13         (1)  As used in this section, the term: No person shall

14  drive any vehicle in any race, speed competition or contest,

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

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

17  making a speed record, and no person shall in any manner

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

19  exhibition.

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

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

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

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

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

25  of comparing the relative speeds or power of acceleration of

26  such vehicle or vehicles within a certain distance or time

27  limit.

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

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

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

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

                                  1

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






    Florida Senate - 2002                    CS for CS for SB 1738
    309-2279-02




  1  stamina or endurance of drivers over long-distance driving

  2  routes.

  3         (2)(a)  A person may not drive any vehicle, including

  4  any motorcycle, in any race; speed competition or contest;

  5  drag race or acceleration contest; test of physical endurance;

  6  exhibition of speed or acceleration; or for the purpose of

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

  8  and a person may not in any manner participate in, coordinate,

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

10  race; ride as a passenger in; or purposefully cause the

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

12  competition, contest, test, or exhibition. Any person who

13  violates this paragraph commits a misdemeanor of the second

14  degree, punishable as provided in s. 775.082 or s. 775.083.

15  Any person who violates this paragraph shall pay a fine of not

16  less than $250 and not more than $500, and the department

17  shall revoke the driver license of a person so convicted for 1

18  year. A hearing may be requested pursuant to s. 322.271.

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

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

21  conviction for a violation of this subsection commits a

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

23  775.082 or s. 775.083, and shall pay a fine of not less than

24  $500 and not more than $1,000. The department shall also

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

26  hearing may be requested pursuant to s. 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

31  

                                  2

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






    Florida Senate - 2002                    CS for CS for SB 1738
    309-2279-02




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

  2  years prior to the charged offense.

  3         (3)  Whenever a law enforcement officer determines that

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

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

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

  7  impoundment or immobilization as a condition of incarceration

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

  9  issues the order of impoundment or immobilization, the clerk

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

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

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

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

14         (a)  Notwithstanding any provision of law to the

15  contrary, the impounding agency shall release a motor vehicle

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

17  and (h), if the owner or agent presents a valid driver license

18  at the time of pickup of the vehicle.

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

20  immobilization, including the cost of notification, must be

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

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

23  unless the impoundment or immobilization order is dismissed.

24  All provisions of s. 713.78 shall apply.

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

26  authorized racetracks, drag strips, or other designated areas

27  set aside by proper authorities for such purposes.

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

29  traffic infraction, punishable pursuant to chapter 318 as

30  either a pedestrian violation or, if the infraction resulted

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

                                  3

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






    Florida Senate - 2002                    CS for CS for SB 1738
    309-2279-02




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

  2  

  3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  4                            CS/SB 1738

  5                                 

  6  Eliminates requirement to suspend, revoke, or withhold a
    drivers license of a minor for a violation s. 316.191, F.S.
  7  

  8  

  9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

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