Senate Bill sb1428c1

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    Florida Senate - 2005                           CS for SB 1428

    By the Committee on Judiciary; and Senator Haridopolos





    590-2040-05

  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 impoundment of vehicles used in

  9         violation of provisions governing motor vehicle

10         speed competitions; providing for application

11         of the Florida Contraband Forfeiture Act;

12         providing an effective date.

13  

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

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16         Section 1.  Section 316.191, Florida Statutes, is

17  amended to read:

18         316.191  Racing on highways.--

19         (1)  As used in this section, the term:

20         (a)  "Conviction" means a determination of guilt that

21  is the result of a plea or trial, regardless of whether

22  adjudication is withheld.

23         (b)(a)  "Drag race" means is defined as the operation

24  of two or more motor vehicles from a point side by side at

25  accelerating speeds in a competitive attempt to outdistance

26  each other, or the operation of one or more motor vehicles

27  over a common selected course, from the same point to the same

28  point, for the purpose of comparing the relative speeds or

29  power of acceleration of the motor such vehicle or motor

30  vehicles within a certain distance or time limit.

31  

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    Florida Senate - 2005                           CS for SB 1428
    590-2040-05




 1         (c)(b)  "Racing" means is defined as the use of one or

 2  more motor vehicles in an attempt to outgain or, outdistance

 3  another motor vehicle, to or prevent another motor vehicle

 4  from passing, to arrive at a given destination ahead of

 5  another motor vehicle or motor vehicles, or to test the

 6  physical stamina or endurance of drivers over long-distance

 7  driving routes.

 8         (2)(a)  A person may not:

 9         1.  Drive any motor vehicle, including any motorcycle,

10  in any race,; speed competition or contest,; drag race or

11  acceleration contest,; test of physical endurance, or;

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

13  making a speed record on any highway, roadway, or parking

14  lot;, and a person may not

15         2.  In any manner participate in, coordinate,

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

17  race, competition, contest, test, or exhibition;

18         3.  Ride as a passenger in any race, competition,

19  contest, test, or exhibition; or

20         4.  Purposefully cause the movement of traffic to slow

21  or stop for, any such race, competition, contest, test, or

22  exhibition.

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24  Any person who violates any provision of this paragraph

25  commits a misdemeanor of the first second degree, punishable

26  as provided in s. 775.082 or s. 775.083. Any person who

27  violates any provision of this paragraph shall pay a fine of

28  not less than $500 $250 and not more than $1,000 $500, and the

29  department shall revoke the driver license of a person so

30  convicted for 1 year. A hearing may be requested under

31  pursuant to s. 322.271.

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    Florida Senate - 2005                           CS for SB 1428
    590-2040-05




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

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

 3  conviction for a violation of this subsection commits a

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

 5  775.082 or s. 775.083, and shall pay a fine of not less than

 6  $500 and not more than $1,000. The department shall also

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

 8  hearing may be requested under pursuant to s. 322.271.

 9         (c)  In any case charging a violation of paragraph (a),

10  the court shall be provided a copy of the driving record of

11  the person charged and may obtain any records from any other

12  source to determine if one or more prior convictions of the

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

14  years prior to the charged offense.

15         (3)  Whenever a law enforcement officer determines that

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

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

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

19  impoundment or immobilization as a condition of incarceration

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

21  issues the order of impoundment or immobilization, the clerk

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

23  receipt requested, to the registered owner of the motor

24  vehicle, if the registered owner is a person other than the

25  defendant, and to each person of record claiming a lien

26  against the motor vehicle.

27         (a)  Notwithstanding any provision of law to the

28  contrary, the impounding agency shall release a motor vehicle

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

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

31  at the time of pickup of the motor vehicle.

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    Florida Senate - 2005                           CS for SB 1428
    590-2040-05




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

 2  immobilization, including the cost of notification, must be

 3  paid by the owner of the motor vehicle or, if the motor

 4  vehicle is leased or rented, by the person leasing or renting

 5  the motor vehicle, unless the impoundment or immobilization

 6  order is dismissed. All provisions of s. 713.78 shall apply.

 7         (c)  Any motor vehicle used in violation of subsection

 8  (2) may be impounded for a period of 10 business days if a law

 9  enforcement officer has arrested and taken a person into

10  custody under this subsection and the person being arrested is

11  the registered owner or coowner of the motor vehicle. If the

12  arresting officer finds that the criteria of this paragraph

13  are met, the officer may immediately impound the motor

14  vehicle. The law enforcement officer shall notify the

15  Department of Highway Safety and Motor Vehicles of any

16  impoundment for violation of this subsection in accordance

17  with procedures established by the department. Paragraphs (a)

18  and (b) shall be applicable to the impoundment.

19         (4)  Any motor vehicle used in violation of subsection

20  (2) by any person within 5 years after the date of a prior

21  conviction of that person for a violation under subsection (2)

22  may be seized and forfeited as provided by the Florida

23  Contraband Forfeiture Act. This subsection applies only if the

24  owner of the motor vehicle is the person charged with

25  violation of subsection (2).

26         (5)(4)  This section does not apply to licensed or duly

27  authorized racetracks, drag strips, or other designated areas

28  set aside by proper authorities for such purposes.

29         Section 2.  This act shall take effect October 1, 2005.

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    Florida Senate - 2005                           CS for SB 1428
    590-2040-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1428

 3                                 

 4  This committee substitute:

 5  --   Removes the enhanced criminal classification and
         increased penalties for repeat offenders;
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    --   Authorizes a law enforcement officer to impound a motor
 7       vehicle in certain circumstances and requires the
         Department of Highway Safety and Motor Vehicles to be
 8       notified; and

 9  --   Clarifies that the Florida Contraband Forfeiture Act only
         applies where the vehicle owner is also the person
10       charged with the offense.

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