2 | A bill to be entitled |
3 | An act relating to motor vehicle speed competitions; |
4 | amending s. 316.191, F.S.; defining "conviction"; revising |
5 | penalties for violation of prohibitions against described |
6 | motor vehicle speed competitions; providing for |
7 | application of the Florida Contraband Forfeiture Act; |
8 | providing an effective date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
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12 | Section 1. Section 316.191, Florida Statutes, is amended |
13 | to read: |
14 | 316.191 Racing on highways.-- |
15 | (1) As used in this section, the term: |
16 | (a) "Conviction" means a determination of guilt that is |
17 | the result of a plea or trial, regardless of whether |
18 | adjudication is withheld. |
19 | (b)(a) "Drag race" means is defined as the operation of |
20 | two or more motor vehicles from a point side by side at |
21 | accelerating speeds in a competitive attempt to outdistance each |
22 | other, or the operation of one or more motor vehicles over a |
23 | common selected course, from the same point to the same point, |
24 | for the purpose of comparing the relative speeds or power of |
25 | acceleration of such motor vehicle or motor vehicles within a |
26 | certain distance or time limit. |
27 | (c)(b) "Racing" means is defined as the use of one or more |
28 | motor vehicles in an attempt to outgain or, outdistance another |
29 | motor vehicle, to or prevent another motor vehicle from passing, |
30 | to arrive at a given destination ahead of another motor vehicle |
31 | or motor vehicles, or to test the physical stamina or endurance |
32 | of drivers over long-distance driving routes. |
33 | (2)(a) A person may not drive any motor vehicle, including |
34 | any motorcycle, in any race; speed competition or contest; drag |
35 | race or acceleration contest; test of physical endurance; |
36 | exhibition of speed or acceleration; or for the purpose of |
37 | making a speed record on any highway, roadway, or parking lot, |
38 | and a person may not in any manner participate in, coordinate, |
39 | facilitate, or collect moneys at any location for any such race; |
40 | ride as a passenger in; or purposefully cause the movement of |
41 | traffic to slow or stop for, any such race, competition, |
42 | contest, test, or exhibition. Any person who violates this |
43 | paragraph commits a misdemeanor of the first second degree, |
44 | punishable as provided in s. 775.082 or s. 775.083. Any person |
45 | who violates this paragraph shall pay a fine of not less than |
46 | $500 $250 and not more than $1,000 $500, and the department |
47 | shall revoke the driver license of a person so convicted for 1 |
48 | year. A hearing may be requested pursuant to s. 322.271. |
49 | (b) Any person who violates paragraph (a) within 5 years |
50 | after the date of a prior violation that resulted in a |
51 | conviction for a violation of this subsection commits a felony |
52 | misdemeanor of the third first degree, punishable as provided in |
53 | s. 775.082, or s. 775.083, or s. 775.084, and shall pay a fine |
54 | of not less than $1,000 $500 and not more than $5,000 $1,000. |
55 | The department shall also revoke the driver license of that |
56 | person for 2 years. A hearing may be requested pursuant to s. |
57 | 322.271. |
58 | (c) In any case charging a violation of paragraph (a), the |
59 | court shall be provided a copy of the driving record of the |
60 | person charged and may obtain any records from any other source |
61 | to determine if one or more prior convictions of the person for |
62 | violation of paragraph (a) have occurred within 5 years prior to |
63 | the charged offense. |
64 | (3) Whenever a law enforcement officer determines that a |
65 | person was engaged in a drag race or race, as described in |
66 | subsection (1), the officer may immediately arrest and take such |
67 | person into custody. The court may enter an order of impoundment |
68 | or immobilization as a condition of incarceration or probation. |
69 | Within 7 business days after the date the court issues the order |
70 | of impoundment or immobilization, the clerk of the court must |
71 | send notice by certified mail, return receipt requested, to the |
72 | registered owner of the motor vehicle, if the registered owner |
73 | is a person other than the defendant, and to each person of |
74 | record claiming a lien against the motor vehicle. |
75 | (a) Notwithstanding any provision of law to the contrary, |
76 | the impounding agency shall release a motor vehicle under the |
77 | conditions provided in s. 316.193(6)(e), (f), (g), and (h), if |
78 | the owner or agent presents a valid driver license at the time |
79 | of pickup of the motor vehicle. |
80 | (b) All costs and fees for the impoundment or |
81 | immobilization, including the cost of notification, must be paid |
82 | by the owner of the motor vehicle or, if the motor vehicle is |
83 | leased or rented, by the person leasing or renting the motor |
84 | vehicle, unless the impoundment or immobilization order is |
85 | dismissed. All provisions of s. 713.78 shall apply. |
86 | (4) Any motor vehicle used in violation of subsection (2) |
87 | may be seized and forfeited as provided by the Florida |
88 | Contraband Forfeiture Act. |
89 | (5)(4) This section does not apply to licensed or duly |
90 | authorized racetracks, drag strips, or other designated areas |
91 | set aside by proper authorities for such purposes. |
92 | Section 2. This act shall take effect October 1, 2004. |