Senate Bill sb2472
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Florida Senate - 2004 SB 2472
By Senator Haridopolos
26-1721-04 See HB
1 A bill to be entitled
2 An act relating to motor vehicle speed
3 competitions; amending s. 316.191, F.S.;
4 defining "conviction"; revising penalties for
5 violation of prohibitions against described
6 motor vehicle speed competitions; providing for
7 application of the Florida Contraband
8 Forfeiture Act; providing an effective date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Section 316.191, Florida Statutes, is
13 amended 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
17 is 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
20 of two or more vehicles from a point side by side at
21 accelerating speeds in a competitive attempt to outdistance
22 each other, or the operation of one or more 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 vehicle or vehicles within a certain
26 distance or time limit.
27 (c)(b) "Racing" means is defined as the use of one or
28 more vehicles in an attempt to outgain or, outdistance another
29 vehicle, to or prevent another vehicle from passing, to arrive
30 at a given destination ahead of another vehicle or vehicles,
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2472
26-1721-04 See HB
1 or to test the physical stamina or endurance of drivers over
2 long-distance driving 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 first
14 second degree, punishable as provided in s. 775.082 or s.
15 775.083. Any person who violates this paragraph shall pay a
16 fine of not less than $500 $250 and not more than $1,000 $500,
17 and the department shall revoke the driver license of a person
18 so convicted for 1 year. A hearing may be requested pursuant
19 to s. 322.271.
20 (b) Any person who violates paragraph (a) within 5
21 years after the date of a prior violation that resulted in a
22 conviction for a violation of this subsection commits a felony
23 misdemeanor of the third first degree, punishable as provided
24 in s. 775.082, or s. 775.083, or s. 775.084, and shall pay a
25 fine of not less than $1,000 $500 and not more than $5,000
26 $1,000. The department shall also revoke the driver license of
27 that person for 2 years. A hearing may be requested pursuant
28 to s. 322.271.
29 (c) In any case charging a violation of paragraph (a),
30 the court shall be provided a copy of the driving record of
31 the person charged and may obtain any records from any other
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2472
26-1721-04 See HB
1 source to determine if one or more prior convictions of the
2 person for violation of paragraph (a) have occurred within 5
3 years prior to the charged offense.
4 (3) Whenever a law enforcement officer determines that
5 a person was engaged in a drag race or race, as described in
6 subsection (1), the officer may immediately arrest and take
7 such person into custody. The court may enter an order of
8 impoundment or immobilization as a condition of incarceration
9 or probation. Within 7 business days after the date the court
10 issues the order of impoundment or immobilization, the clerk
11 of the court must send notice by certified mail, return
12 receipt requested, to the registered owner of the vehicle, if
13 the registered owner is a person other than the defendant, and
14 to each person of record claiming a lien against the vehicle.
15 (a) Notwithstanding any provision of law to the
16 contrary, the impounding agency shall release a motor vehicle
17 under the conditions provided in s. 316.193(6)(e), (f), (g),
18 and (h), if the owner or agent presents a valid driver license
19 at the time of pickup of the vehicle.
20 (b) All costs and fees for the impoundment or
21 immobilization, including the cost of notification, must be
22 paid by the owner of the vehicle or, if the vehicle is leased
23 or rented, by the person leasing or renting the vehicle,
24 unless the impoundment or immobilization order is dismissed.
25 All provisions of s. 713.78 shall apply.
26 (4) Any motor vehicle used in violation of subsection
27 (2) may be seized and forfeited as provided by the Florida
28 Contraband Forfeiture Act.
29 (5)(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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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2472
26-1721-04 See HB
1 Section 2. This act shall take effect October 1, 2004.
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