| 1 | The Justice Appropriations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to motor vehicle speed competitions; |
| 7 | amending s. 316.191, F.S.; defining the term "conviction"; |
| 8 | specifying that the section applies to motor vehicles; |
| 9 | revising penalties for violation of prohibitions against |
| 10 | described motor vehicle speed competitions; providing for |
| 11 | impoundment of vehicles used in violation of motor vehicle |
| 12 | speed competition provisions; providing for application of |
| 13 | the Florida Contraband Forfeiture Act; providing an |
| 14 | effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 316.191, Florida Statutes, is amended |
| 19 | to read: |
| 20 | 316.191 Racing on highways.-- |
| 21 | (1) As used in this section, the term: |
| 22 | (a) "Conviction" means a determination of guilt that is |
| 23 | the result of a plea or trial, regardless of whether |
| 24 | adjudication is withheld. |
| 25 | (b)(a) "Drag race" means is defined as the operation of |
| 26 | two or more motor vehicles from a point side by side at |
| 27 | accelerating speeds in a competitive attempt to outdistance each |
| 28 | other, or the operation of one or more motor vehicles over a |
| 29 | common selected course, from the same point to the same point, |
| 30 | for the purpose of comparing the relative speeds or power of |
| 31 | acceleration of such motor vehicle or motor vehicles within a |
| 32 | certain distance or time limit. |
| 33 | (c)(b) "Racing" means is defined as the use of one or more |
| 34 | motor vehicles in an attempt to outgain or, outdistance another |
| 35 | motor vehicle, to or prevent another motor vehicle from passing, |
| 36 | to arrive at a given destination ahead of another motor vehicle |
| 37 | or motor vehicles, or to test the physical stamina or endurance |
| 38 | of drivers over long-distance driving routes. |
| 39 | (2)(a) A person may not: |
| 40 | 1. Drive any motor vehicle, including any motorcycle, in |
| 41 | any race,; speed competition or contest,; drag race or |
| 42 | acceleration contest,; test of physical endurance, or; |
| 43 | exhibition of speed or acceleration; or for the purpose of |
| 44 | making a speed record on any highway, roadway, or parking lot;, |
| 45 | and a person may not |
| 46 | 2. In any manner participate in, coordinate, facilitate, |
| 47 | or collect moneys at any location for any such race, |
| 48 | competition, contest, test, or exhibition; |
| 49 | 3. Knowingly ride as a passenger in any such race, |
| 50 | competition, contest, test, or exhibition; or |
| 51 | 4. Purposefully cause the movement of traffic to slow or |
| 52 | stop for, any such race, competition, contest, test, or |
| 53 | exhibition. |
| 54 |
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| 55 | Any person who violates any provision of this paragraph commits |
| 56 | a misdemeanor of the first second degree, punishable as provided |
| 57 | in s. 775.082 or s. 775.083. Any person who violates any |
| 58 | provision of this paragraph shall pay a fine of not less than |
| 59 | $500 $250 and not more than $1,000 $500, and the department |
| 60 | shall revoke the driver license of a person so convicted for 1 |
| 61 | year. A hearing may be requested pursuant to s. 322.271. |
| 62 | (b) Any person who violates paragraph (a) within 5 years |
| 63 | after the date of a prior violation that resulted in a |
| 64 | conviction for a violation of this subsection commits a |
| 65 | misdemeanor of the first degree, punishable as provided in s. |
| 66 | 775.082 or s. 775.083, and shall pay a fine of not less than |
| 67 | $500 and not more than $1,000. The department shall also revoke |
| 68 | the driver license of that person for 2 years. A hearing may be |
| 69 | requested pursuant to s. 322.271. |
| 70 | (c) In any case charging a violation of paragraph (a), the |
| 71 | court shall be provided a copy of the driving record of the |
| 72 | person charged and may obtain any records from any other source |
| 73 | to determine if one or more prior convictions of the person for |
| 74 | violation of paragraph (a) have occurred within 5 years prior to |
| 75 | the charged offense. |
| 76 | (3) Whenever a law enforcement officer determines that a |
| 77 | person was engaged in a drag race or race, as described in |
| 78 | subsection (1), the officer may immediately arrest and take such |
| 79 | person into custody. The court may enter an order of impoundment |
| 80 | or immobilization as a condition of incarceration or probation. |
| 81 | Within 7 business days after the date the court issues the order |
| 82 | of impoundment or immobilization, the clerk of the court must |
| 83 | send notice by certified mail, return receipt requested, to the |
| 84 | registered owner of the motor vehicle, if the registered owner |
| 85 | is a person other than the defendant, and to each person of |
| 86 | record claiming a lien against the motor vehicle. |
| 87 | (a) Notwithstanding any provision of law to the contrary, |
| 88 | the impounding agency shall release a motor vehicle under the |
| 89 | conditions provided in s. 316.193(6)(e), (f), (g), and (h), if |
| 90 | the owner or agent presents a valid driver license at the time |
| 91 | of pickup of the motor vehicle. |
| 92 | (b) All costs and fees for the impoundment or |
| 93 | immobilization, including the cost of notification, must be paid |
| 94 | by the owner of the motor vehicle or, if the motor vehicle is |
| 95 | leased or rented, by the person leasing or renting the motor |
| 96 | vehicle, unless the impoundment or immobilization order is |
| 97 | dismissed. All provisions of s. 713.78 shall apply. |
| 98 | (c) Any motor vehicle used in violation of subsection (2) |
| 99 | may be impounded for a period of 10 business days if a law |
| 100 | enforcement officer has arrested and taken a person into custody |
| 101 | pursuant to this subsection and the person being arrested is the |
| 102 | registered owner or coowner of the motor vehicle. If the |
| 103 | arresting officer finds that the criteria of this paragraph are |
| 104 | met, the officer may immediately impound the motor vehicle. The |
| 105 | law enforcement officer shall notify the Department of Highway |
| 106 | Safety and Motor Vehicles of any impoundment for violation of |
| 107 | this subsection in accordance with procedures established by the |
| 108 | department. The provisions of paragraphs (a) and (b) shall be |
| 109 | applicable to such impoundment. |
| 110 | (4) Any motor vehicle used in violation of subsection (2) |
| 111 | by any person within 5 years after the date of a prior |
| 112 | conviction of that person for a violation under subsection (2) |
| 113 | may be seized and forfeited as provided by the Florida |
| 114 | Contraband Forfeiture Act. This subsection shall only be |
| 115 | applicable if the owner of the motor vehicle is the person |
| 116 | charged with violation of subsection (2). |
| 117 | (5)(4) This section does not apply to licensed or duly |
| 118 | authorized racetracks, drag strips, or other designated areas |
| 119 | set aside by proper authorities for such purposes. |
| 120 | Section 2. This act shall take effect October 1, 2005. |