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The Committee on Transportation (Constantine and Baker)

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recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 315 and 316

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insert:

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     Section 6.  Section 316.191, Florida Statutes, is amended

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to read:

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     316.191  Racing on highways.--

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

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

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the result of a plea or trial, regardless of whether or not

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adjudication is withheld.

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     (b)  "Drag race" means the operation of two or more motor

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vehicles in competition, arising from a challenge to demonstrate

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superiority of a motor vehicle or driver and the acceptance or

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competitive response to that challenge, either through a prior

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arrangement or in immediate response, from a point side by side

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at accelerating speeds in a competitive attempt to outdistance

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

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

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for the purpose of comparing the relative speeds or power of

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acceleration of such motor vehicle or motor vehicles within a

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certain distance or time limit. A drag race may be prearranged

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or may occur through a competitive response to conduct on the

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part of one or more drivers which, under the totality of the

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circumstances, can reasonably be interpreted as a challenge to

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participate in a drag race.

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     (c) "Exhibition of acceleration" means the use of a motor

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vehicle in a demonstration to another person or persons,

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including, but not limited to, any passenger of such motor

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vehicle or the driver or passenger of another motor vehicle, of

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the motor vehicle's ability to accelerate by a sudden increase

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in speed causing a tire to lose firm traction with, or burn,

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smoke, or squeal against, the road surface which results in the

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vehicle's continuous acceleration to a final speed that exceeds

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the posted or lawful speed limit.

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     (d) "Exhibition of speed" means the use of a motor vehicle

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in a demonstration to another person or persons, including, but

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not limited to, any passenger of such motor vehicle or the

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driver or passenger of another motor vehicle, of the motor

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vehicle's speed or handling capabilities at a speed of at least

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double the posted or lawful speed limit or 100 miles per hour,

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whichever is less.

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     (e)(c) "Race Racing" means the use of one or more motor

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vehicles in competition, arising from a challenge to demonstrate

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superiority of a motor vehicle or driver and the acceptance or

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competitive response to that challenge, either through a prior

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arrangement or in immediate response, in which the competitor

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attempts an attempt to outgain or outdistance another motor

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vehicle, to prevent another motor vehicle from passing, to

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arrive at a given destination ahead of another motor vehicle or

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motor vehicles, or to test the physical stamina or endurance of

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drivers over long-distance driving routes. A race may be

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prearranged or may occur through a competitive response to

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conduct on the part of one or more drivers which, under the

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totality of the circumstances, can reasonably be interpreted as

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a challenge to race.

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     (f) "Spectator" means any person who is knowingly present

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at and views an illegal race, drag race, or exhibition when such

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presence is the result of an affirmative choice to attend or

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participate in the race or exhibition. For purposes of

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determining whether or not an individual is a spectator, finders

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of fact shall consider the relationship between the racer and

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the individual, evidence of gambling or betting on the outcome

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of the race, and any other factor that would tend to show

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knowing attendance or participation.

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     (2)(a) A person operating or in actual physical control of

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a motor vehicle, including any motorcycle, on any street or

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highway or publicly accessible parking lot may not:

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

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any race;,

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     2. Drive in any speed competition or contest, drag race;

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or acceleration contest, test of physical endurance, or

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     3. Drive in any exhibition of speed; or

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     4. Drive in any exhibition of acceleration. or for the

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purpose of making a speed record on any highway, roadway, or

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parking lot;

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     (b) A person may not:

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     1.2. In any manner knowingly participate in, coordinate,

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

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drag race competition, contest, test, or exhibition prohibited

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under paragraph (a);

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     2.3. Knowingly ride as a passenger in any such race, drag

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race competition, contest, test, or exhibition prohibited under

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paragraph (a); or

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     3.4. Knowingly Purposefully cause the movement of traffic

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to slow or stop for any such race, drag race competition,

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contest, test, or exhibition prohibited under paragraph (a).

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     (c) A person may not be a spectator at any such race, drag

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race, or exhibition prohibited under paragraph (a). A vehicle

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parked or operated in near proximity to any such race, drag

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race, or exhibition under circumstances suggesting that the

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driver or operator of such vehicle is a spectator creates a

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rebuttable presumption that the registered owner of the vehicle

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is a spectator for all purposes of this section.

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     (3)(a) Any person who violates any provision of this

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paragraph (2)(a) or paragraph (2)(b) commits a misdemeanor of

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the second first degree, punishable as provided in s. 775.082 or

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s. 775.083. Any person who violates any provision of this

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paragraph (2)(a) or paragraph (2)(b) shall pay a fine of not

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

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shall revoke the driver's license of a person so convicted for 2

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years regardless of whether or not adjudication is withheld and

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the department shall revoke the driver license of a person so

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convicted for 1 year. A hearing may be requested pursuant to s.

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322.271.

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     (b) Any person who violates the provisions of paragraph

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(2)(c) commits a noncriminal violation, punishable as provided

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in s. 775.083, and must be cited to appear before a county judge

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for disposition of the violation. Any person who violates the

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provisions of paragraph (2)(c) shall pay a fine of not less than

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$250 and not more than $500.

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     (c)(b) Any person who violates any provision of paragraph

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(2)(a) or paragraph (2)(b) within 5 years after the date of a

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prior violation that resulted in a conviction for a violation of

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paragraph (2)(a) or paragraph (2)(b) this subsection commits a

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

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

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$500 and not more than $1,000. In any second or subsequent

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conviction, the court may not withhold adjudication of guilt and

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shall revoke the driver's license of that person for 5 years.

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The department shall also revoke the driver license of that

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person for 2 years. A hearing may be requested pursuant to s.

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322.271.

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     (d) Any person who violates any provision of paragraph

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(2)(a) or paragraph (2)(b) and by reason of such violation

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causes or in any way contributes to causing damage to the

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property or person of another commits a misdemeanor of the first

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degree, punishable as provided in s. 775.082 or s. 775.083, and

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shall pay a fine of not less than $500 and not more than $1,000,

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and the court shall revoke the driver's license of a person so

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convicted for 2 years regardless of whether or not adjudication

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is withheld. A hearing may be requested pursuant to s. 322.271.

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     (e) Any person who violates any provision of paragraph

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(2)(a) or paragraph (2)(b) and by reason of such violation

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causes or in any way contributes to causing serious bodily

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injury to another, as defined in s. 316.1933, commits a felony

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of the third degree, punishable as provided in s. 775.082, s.

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775.083, or s. 775.084, and shall pay a fine of not less than

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$1,000.

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     (f) Any person who violates any provision of paragraph

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(2)(a) or paragraph (2)(b) and by reason of such violation

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causes or in any way contributes to causing the death of any

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human being or unborn quick child commits the crime of racing

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manslaughter. In any conviction under this paragraph, the court

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may not withhold adjudication of guilt and shall permanently

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revoke the driver's license of a person so convicted. A hearing

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may be requested pursuant to s. 322.271. A person so convicted

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commits:

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     1. A felony of the second degree, punishable as provided

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in s. 775.082, s. 775.083, or s. 775.084, and shall pay a fine

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of not less than $5,000; or

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     2. A felony of the first degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084, and shall pay a fine of

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not less than $5,000, if:

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     a. At the time of the crash, the person knew, or should

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have known, that the crash occurred; and

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     b. The person failed to give information and render aid as

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required by s. 316.062.

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For purposes of this paragraph, the definition of the term

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"unborn quick child" shall be determined in accordance with the

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definition of viable fetus as set forth in s. 782.071. A person

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who is convicted of racing manslaughter shall be sentenced to a

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mandatory minimum term of imprisonment of 4 years.

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     (4)(c) In any case charging a violation of paragraph

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(2)(a) or paragraph (2)(b), the court shall be provided a copy

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of the driving record of the person charged and may obtain any

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records from any other source to determine if one or more prior

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convictions of the person for violation of paragraph (2)(a) or

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paragraph (2)(b) have occurred within 5 years prior to the

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charged offense; however, at trial, proof of such prior

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conviction must be made by certified copy of any prior judgment

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of conviction or judgment withholding adjudication of guilt.

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     (5)(a)(3) Whenever a law enforcement officer determines

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that a person has committed a violation of paragraph (2)(a) or

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paragraph (2)(b) was engaged in a drag race or race, as

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described in subsection (1), the officer may immediately arrest

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and take such person into custody, consistent with

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constitutional requirements, regardless of whether or not the

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offense was committed in the presence of the officer or whether

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the officer's determination is based upon information provided

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by anonymous tipsters, citizen informants, or any other source.

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The court may enter an order of impoundment or immobilization as

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a condition of incarceration or probation. Within 7 business

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days after the date the court issues the order of impoundment or

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immobilization, the clerk of the court must send notice by

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certified mail, return receipt requested, to the registered

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owner of the motor vehicle, if the registered owner is a person

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other than the defendant, and to each person of record claiming

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a lien against the motor vehicle.

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     (b) A law enforcement officer who determines that, in

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accordance with the provisions of paragraph (2)(c), the driver

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of a motor vehicle parked or operated in near proximity to any

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such race, drag race, or exhibition is a spectator, the officer

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may file a uniform traffic citation with the clerk of court of

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the jurisdiction wherein the offense was committed charging the

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registered owner of such vehicle with the proscribed offense.

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The clerk shall issue a notice to appear to the registered

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owner's last known address maintained by the department and

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shall schedule a mandatory court appearance before a county

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judge within 30 days after the filing of the citation. The

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failure of such person to appear as required or to comply with

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any fine imposed under this paragraph shall be subject to the

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procedures of s. 318.15 governing failures to appear or to pay.

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An officer may use any photographic or recording equipment in

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determining the tag number or registered owner of any vehicle

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pursuant to this paragraph.

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     (c)(a) Notwithstanding any provision of law to the

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contrary, the impounding agency shall release a motor vehicle

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

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

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at the time of pickup of the motor vehicle.

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

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immobilization, including the cost of notification, must be paid

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by the owner of the motor vehicle or, if the motor vehicle is

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leased or rented, by the person leasing or renting the motor

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vehicle, unless the impoundment or immobilization order is

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dismissed. All provisions of s. 713.78 shall apply.

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

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(2) may be impounded for a period of 30 10 business days if a

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law enforcement officer has arrested and taken a person into

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custody pursuant to this subsection and the person being

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arrested is the registered owner or coowner of the motor

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vehicle. If the arresting officer finds that the criteria of

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this paragraph are met, the officer may immediately impound the

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motor vehicle. The law enforcement officer shall notify the

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Department of Highway Safety and Motor Vehicles of any

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impoundment for violation of this subsection in accordance with

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procedures established by the department. The provisions of

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paragraphs (c) (a) and (d) (b) shall be applicable to such

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impoundment.

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

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

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

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may be seized and forfeited as provided by the Florida

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Contraband Forfeiture Act. This subsection shall be applicable

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to all owners of the motor vehicle who are charged with a

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criminal violation of subsection (2) or who negligently

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entrusted their vehicle to the person charged with a criminal

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violation of subsection (2), and the Florida Contraband

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Forfeiture Act applies regardless of whether or not the

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violation is a misdemeanor or felony. The element of negligent

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entrustment is satisfied if the owner of a motor vehicle

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entrusts his or her vehicle to a person knowing that such person

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has previously been cited or charged with any violation of this

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section, whether or not such charge or citation resulted in a

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conviction only be applicable if the owner of the motor vehicle

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is the person charged with violation of subsection (2).

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

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authorized racetracks, drag strips, or other designated areas

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set aside by proper authorities for such purposes.

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     (8) If any provision of this section is deemed

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unconstitutional by any court, such unconstitutional provision

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shall be deemed severable and such determination shall not

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affect the enforceability of all remaining constitutional

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provisions of this section.

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     (Redesignate subsequent sections.)

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 24, after the first semicolon,

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insert:

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amending s. 316.191, F.S.; revising provisions prohibiting

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certain speed competitions and exhibitions; revising the

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definition of the terms "conviction," "drag race," and

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"race"; defining the terms "exhibition of acceleration,"

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"exhibition of speed," and "spectator"; prohibiting

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driving in any race, drag race, exhibition of speed, or

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exhibition of acceleration; prohibiting certain acts in

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association with a race, drag race, exhibition of speed,

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or exhibition of acceleration; prohibiting being a

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spectator at any such race, drag race, or exhibition;

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providing for a rebuttable presumption that a person is a

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spectator; providing criminal and noncriminal penalties;

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providing for revocation of the driver's license upon

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conviction; providing for disposition of citation for

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being a spectator; providing penalties for a second or

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subsequent offense; providing that a violation that causes

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or contributes to causing serious bodily injury to another

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is a felony of the third degree; providing that a

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violation that causes or contributes to causing the death

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of any human being or unborn quick child is the crime of

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racing manslaughter; providing penalties; providing for a

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determination of the definition of the term "unborn quick

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child"; requiring that the driving record of a person

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charged be provided to the court; providing criteria for

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arrest; providing procedures for charging the owner of a

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motor vehicle as a spectator if the owner's vehicle is

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parked or operated in near proximity to any such race,

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drag race, or exhibition; providing for citations,

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disposition procedures, and enforcement; providing

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procedures for impoundment or immobilization of a motor

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vehicle under a court order; providing for release from

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impoundment under specified exceptions; requiring costs

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and fees of impoundment to be paid by the owner or lessee

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of the motor vehicle; providing procedures for an

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arresting officer to immediately impound a motor vehicle

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used in a violation; providing for the period of

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impoundment; removing a requirement for impoundment that

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the person being arrested is the registered owner or

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coowner of the motor vehicle; providing for seizure and

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forfeiture of a motor vehicle used in a violation;

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removing provisions for application only after a prior

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conviction and only if the owner of the motor vehicle is

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the person charged with the violation; providing for a

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motor vehicle used in violation to be seized and forfeited

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under the Florida Contraband Forfeiture Act regardless of

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whether the violation is a misdemeanor or felony;

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providing for satisfaction of the element of negligent

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entrustment; providing for severability;

3/7/2008  10:02:00 AM     596-04522-08