HB 1923

2
A bill to be entitled
3An act relating to motor vehicle speed competitions;
4amending s. 316.191, F.S.; defining "conviction"; revising
5penalties for violation of prohibitions against described
6motor vehicle speed competitions; providing for
7application of the Florida Contraband Forfeiture Act;
8providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Section 316.191, Florida Statutes, is amended
13to 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
17the result of a plea or trial, regardless of whether
18adjudication is withheld.
19     (b)(a)  "Drag race" means is defined as the operation of
20two or more motor vehicles from a point side by side at
21accelerating speeds in a competitive attempt to outdistance each
22other, or the operation of one or more motor vehicles over a
23common selected course, from the same point to the same point,
24for the purpose of comparing the relative speeds or power of
25acceleration of such motor vehicle or motor vehicles within a
26certain distance or time limit.
27     (c)(b)  "Racing" means is defined as the use of one or more
28motor vehicles in an attempt to outgain or, outdistance another
29motor vehicle, to or prevent another motor vehicle from passing,
30to arrive at a given destination ahead of another motor vehicle
31or motor vehicles, or to test the physical stamina or endurance
32of drivers over long-distance driving routes.
33     (2)(a)  A person may not drive any motor vehicle, including
34any motorcycle, in any race; speed competition or contest; drag
35race or acceleration contest; test of physical endurance;
36exhibition of speed or acceleration; or for the purpose of
37making a speed record on any highway, roadway, or parking lot,
38and a person may not in any manner participate in, coordinate,
39facilitate, or collect moneys at any location for any such race;
40ride as a passenger in; or purposefully cause the movement of
41traffic to slow or stop for, any such race, competition,
42contest, test, or exhibition. Any person who violates this
43paragraph commits a misdemeanor of the first second degree,
44punishable as provided in s. 775.082 or s. 775.083. Any person
45who violates this paragraph shall pay a fine of not less than
46$500 $250 and not more than $1,000 $500, and the department
47shall revoke the driver license of a person so convicted for 1
48year. A hearing may be requested pursuant to s. 322.271.
49     (b)  Any person who violates paragraph (a) within 5 years
50after the date of a prior violation that resulted in a
51conviction for a violation of this subsection commits a felony
52misdemeanor of the third first degree, punishable as provided in
53s. 775.082, or s. 775.083, or s. 775.084, and shall pay a fine
54of not less than $1,000 $500 and not more than $5,000 $1,000.
55The department shall also revoke the driver license of that
56person for 2 years. A hearing may be requested pursuant to s.
57322.271.
58     (c)  In any case charging a violation of paragraph (a), the
59court shall be provided a copy of the driving record of the
60person charged and may obtain any records from any other source
61to determine if one or more prior convictions of the person for
62violation of paragraph (a) have occurred within 5 years prior to
63the charged offense.
64     (3)  Whenever a law enforcement officer determines that a
65person was engaged in a drag race or race, as described in
66subsection (1), the officer may immediately arrest and take such
67person into custody. The court may enter an order of impoundment
68or immobilization as a condition of incarceration or probation.
69Within 7 business days after the date the court issues the order
70of impoundment or immobilization, the clerk of the court must
71send notice by certified mail, return receipt requested, to the
72registered owner of the motor vehicle, if the registered owner
73is a person other than the defendant, and to each person of
74record claiming a lien against the motor vehicle.
75     (a)  Notwithstanding any provision of law to the contrary,
76the impounding agency shall release a motor vehicle under the
77conditions provided in s. 316.193(6)(e), (f), (g), and (h), if
78the owner or agent presents a valid driver license at the time
79of pickup of the motor vehicle.
80     (b)  All costs and fees for the impoundment or
81immobilization, including the cost of notification, must be paid
82by the owner of the motor vehicle or, if the motor vehicle is
83leased or rented, by the person leasing or renting the motor
84vehicle, unless the impoundment or immobilization order is
85dismissed. All provisions of s. 713.78 shall apply.
86     (4)  Any motor vehicle used in violation of subsection (2)
87may be seized and forfeited as provided by the Florida
88Contraband Forfeiture Act.
89     (5)(4)  This section does not apply to licensed or duly
90authorized racetracks, drag strips, or other designated areas
91set aside by proper authorities for such purposes.
92     Section 2.  This act shall take effect October 1, 2004.


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