Senate Bill sb1428
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Florida Senate - 2005 SB 1428
By Senator Haridopolos
26-1097-05 See HB 71
1 A bill to be entitled
2 An act relating to motor vehicle speed
3 competitions; amending s. 316.191, F.S.;
4 defining the term "conviction"; specifying that
5 the section applies to motor vehicles; revising
6 penalties for violation of prohibitions against
7 described motor vehicle speed competitions;
8 providing for application of the Florida
9 Contraband Forfeiture Act; providing an
10 effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Section 316.191, Florida Statutes, is
15 amended to read:
16 316.191 Racing on highways.--
17 (1) As used in this section, the term:
18 (a) "Conviction" means a determination of guilt that
19 is the result of a plea or trial, regardless of whether
20 adjudication is withheld.
21 (b)(a) "Drag race" means is defined as the operation
22 of two or more motor vehicles from a point side by side at
23 accelerating speeds in a competitive attempt to outdistance
24 each other, or the operation of one or more motor vehicles
25 over a common selected course, from the same point to the same
26 point, for the purpose of comparing the relative speeds or
27 power of acceleration of such motor vehicle or motor vehicles
28 within a certain distance or time limit.
29 (c)(b) "Racing" means is defined as the use of one or
30 more motor vehicles in an attempt to outgain or, outdistance
31 another motor vehicle, to or prevent another motor vehicle
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Florida Senate - 2005 SB 1428
26-1097-05 See HB 71
1 from passing, to arrive at a given destination ahead of
2 another motor vehicle or motor vehicles, or to test the
3 physical stamina or endurance of drivers over long-distance
4 driving routes.
5 (2)(a) A person may not:
6 1. Drive any motor vehicle, including any motorcycle,
7 in any race,; speed competition or contest,; drag race or
8 acceleration contest,; test of physical endurance, or;
9 exhibition of speed or acceleration; or for the purpose of
10 making a speed record on any highway, roadway, or parking
11 lot;, and a person may not
12 2. In any manner participate in, coordinate,
13 facilitate, or collect moneys at any location for any such
14 race, competition, contest, test, or exhibition;
15 3. Ride as a passenger in any such race, competition,
16 contest, test, or exhibition; or
17 4. Purposefully cause the movement of traffic to slow
18 or stop for, any such race, competition, contest, test, or
19 exhibition.
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21 Any person who violates any provision of this paragraph
22 commits a misdemeanor of the first second degree, punishable
23 as provided in s. 775.082 or s. 775.083. Any person who
24 violates any provision of this paragraph shall pay a fine of
25 not less than $500 $250 and not more than $1,000 $500, and the
26 department shall revoke the driver license of a person so
27 convicted for 1 year. A hearing may be requested pursuant to
28 s. 322.271.
29 (b) Any person who violates paragraph (a) within 5
30 years after the date of a prior violation that resulted in a
31 conviction for a violation of this subsection commits a felony
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1428
26-1097-05 See HB 71
1 misdemeanor of the third first degree, punishable as provided
2 in s. 775.082, or s. 775.083, or s. 775.084, and shall pay a
3 fine of not less than $1,000 $500 and not more than $5,000
4 $1,000. The department shall also revoke the driver license of
5 that person for 2 years. A hearing may be requested pursuant
6 to s. 322.271.
7 (c) In any case charging a violation of paragraph (a),
8 the court shall be provided a copy of the driving record of
9 the person charged and may obtain any records from any other
10 source to determine if one or more prior convictions of the
11 person for violation of paragraph (a) have occurred within 5
12 years prior to the charged offense.
13 (3) Whenever a law enforcement officer determines that
14 a person was engaged in a drag race or race, as described in
15 subsection (1), the officer may immediately arrest and take
16 such person into custody. The court may enter an order of
17 impoundment or immobilization as a condition of incarceration
18 or probation. Within 7 business days after the date the court
19 issues the order of impoundment or immobilization, the clerk
20 of the court must send notice by certified mail, return
21 receipt requested, to the registered owner of the motor
22 vehicle, if the registered owner is a person other than the
23 defendant, and to each person of record claiming a lien
24 against the motor vehicle.
25 (a) Notwithstanding any provision of law to the
26 contrary, the impounding agency shall release a motor vehicle
27 under the conditions provided in s. 316.193(6)(e), (f), (g),
28 and (h), if the owner or agent presents a valid driver license
29 at the time of pickup of the motor vehicle.
30 (b) All costs and fees for the impoundment or
31 immobilization, including the cost of notification, must be
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1428
26-1097-05 See HB 71
1 paid by the owner of the motor vehicle or, if the motor
2 vehicle is leased or rented, by the person leasing or renting
3 the motor vehicle, unless the impoundment or immobilization
4 order is dismissed. All provisions of s. 713.78 shall apply.
5 (4) Any motor vehicle used in violation of subsection
6 (2) may be seized and forfeited as provided by the Florida
7 Contraband Forfeiture Act.
8 (5)(4) This section does not apply to licensed or duly
9 authorized racetracks, drag strips, or other designated areas
10 set aside by proper authorities for such purposes.
11 Section 2. This act shall take effect October 1, 2005.
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