1 | Representative Soto offered the following: |
2 |
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3 | Amendment to Amendment (615905) (with title amendment) |
4 | Between lines 119 and 120, insert: |
5 | Section 4. Section 316.191, Florida Statutes, is amended |
6 | to read: |
7 | 316.191 Racing on highways.-- |
8 | (1) As used in this section, the term: |
9 | (a) "Conviction" means a determination of guilt that is |
10 | the result of a plea or trial, regardless of whether or not |
11 | adjudication is withheld. |
12 | (b) "Drag race" means the operation of two or more motor |
13 | vehicles in competition, arising from a challenge to demonstrate |
14 | superiority of a motor vehicle or driver and the acceptance or |
15 | competitive response to that challenge, either through a prior |
16 | arrangement or in immediate response, from a point side by side |
17 | at accelerating speeds in a competitive attempt to outdistance |
18 | each other, or the operation of one or more motor vehicles over |
19 | a common selected course, from the same point to the same point, |
20 | for the purpose of comparing the relative speeds or power of |
21 | acceleration of such motor vehicle or motor vehicles within a |
22 | certain distance or time limit. A drag race may be prearranged |
23 | or may occur through a competitive response to conduct on the |
24 | part of one or more drivers which, under the totality of the |
25 | circumstances, can reasonably be interpreted as a challenge to |
26 | participate in a drag race. |
27 | (c) "Exhibition of acceleration" means the use of a motor |
28 | vehicle in a demonstration to another person or persons, |
29 | including, but not limited to, any passenger of such motor |
30 | vehicle or the driver or passenger of another motor vehicle, of |
31 | the motor vehicle's ability to accelerate by a sudden increase |
32 | in speed causing a tire to lose firm traction with, or burn, |
33 | smoke, or squeal against, the road surface which results in the |
34 | vehicle's continuous acceleration to a final speed that exceeds |
35 | the posted or lawful speed limit. |
36 | (d) "Exhibition of speed" means the use of a motor vehicle |
37 | in a demonstration to another person or persons, including, but |
38 | not limited to, any passenger of such motor vehicle or the |
39 | driver or passenger of another motor vehicle, of the motor |
40 | vehicle's speed or handling capabilities at a speed of at least |
41 | double the posted or lawful speed limit or 100 miles per hour, |
42 | whichever is less. |
43 | (e)(c) "Race Racing" means the use of one or more motor |
44 | vehicles in competition, arising from a challenge to demonstrate |
45 | superiority of a motor vehicle or driver and the acceptance or |
46 | competitive response to that challenge, either through a prior |
47 | arrangement or in immediate response, in which the competitor |
48 | attempts an attempt to outgain or outdistance another motor |
49 | vehicle, to prevent another motor vehicle from passing, to |
50 | arrive at a given destination ahead of another motor vehicle or |
51 | motor vehicles, or to test the physical stamina or endurance of |
52 | drivers over long-distance driving routes. A race may be |
53 | prearranged or may occur through a competitive response to |
54 | conduct on the part of one or more drivers which, under the |
55 | totality of the circumstances, can reasonably be interpreted as |
56 | a challenge to race. |
57 | (f) "Spectator" means any person who is knowingly present |
58 | at and views an illegal race, drag race, or exhibition when such |
59 | presence is the result of an affirmative choice to attend or |
60 | participate in the race or exhibition. For purposes of |
61 | determining whether or not an individual is a spectator, finders |
62 | of fact shall consider the relationship between the racer and |
63 | the individual, evidence of gambling or betting on the outcome |
64 | of the race, and any other factor that would tend to show |
65 | knowing attendance or participation. |
66 | (2)(a) A person operating or in actual physical control of |
67 | a motor vehicle, including any motorcycle, on any street or |
68 | highway or publicly accessible parking lot may not: |
69 | 1. Drive any motor vehicle, including any motorcycle, in |
70 | any race;, |
71 | 2. Drive in any speed competition or contest, drag race; |
72 | or acceleration contest, test of physical endurance, or |
73 | 3. Drive in any exhibition of speed; or |
74 | 4. Drive in any exhibition of acceleration. or for the |
75 | purpose of making a speed record on any highway, roadway, or |
76 | parking lot; |
77 | (b) A person may not: |
78 | 1.2. In any manner knowingly participate in, coordinate, |
79 | facilitate, or collect moneys at any location for any such race, |
80 | drag race competition, contest, test, or exhibition prohibited |
81 | under paragraph (a); |
82 | 2.3. Knowingly ride as a passenger in any such race, drag |
83 | race competition, contest, test, or exhibition prohibited under |
84 | paragraph (a); or |
85 | 3.4. Knowingly Purposefully cause the movement of traffic |
86 | to slow or stop for any such race, drag race competition, |
87 | contest, test, or exhibition prohibited under paragraph (a). |
88 | (c) A person may not be a spectator at any such race, drag |
89 | race, or exhibition prohibited under paragraph (a). |
90 | (3)(a) Any person who violates any provision of this |
91 | paragraph (2)(a) or paragraph (2)(b) commits a misdemeanor of |
92 | the second first degree, punishable as provided in s. 775.082 or |
93 | s. 775.083. Any person who violates any provision of this |
94 | paragraph (2)(a) or paragraph (2)(b) shall pay a fine of not |
95 | less than $250 $500 and not more than $500 $1,000, and the court |
96 | shall revoke the driver's license of a person so convicted for 2 |
97 | years and the department shall revoke the driver license of a |
98 | person so convicted for 1 year. A hearing may be requested |
99 | pursuant to s. 322.271. |
100 | (b) Any person who violates the provisions of paragraph |
101 | (2)(c) commits a noncriminal traffic violation, punishable as a |
102 | moving violation as provided in chapter 318. |
103 | (c)(b) Any person who violates any provision of paragraph |
104 | (2)(a) or paragraph (2)(b) within 5 years after the date of a |
105 | prior violation that resulted in a conviction for a violation of |
106 | paragraph (2)(a) or paragraph (2)(b) this subsection commits a |
107 | misdemeanor of the first degree, punishable as provided in s. |
108 | 775.082 or s. 775.083, and shall pay a fine of not less than |
109 | $500 and not more than $1,000. In any second or subsequent |
110 | conviction, the court shall revoke the driver's license of that |
111 | person for 5 years. The department shall also revoke the driver |
112 | license of that person for 2 years. A hearing may be requested |
113 | pursuant to s. 322.271. |
114 | (d) Any person who violates any provision of paragraph |
115 | (2)(a) or paragraph (2)(b) and by reason of such violation |
116 | causes or in any way contributes to causing damage to the |
117 | property or person of another commits a misdemeanor of the first |
118 | degree, punishable as provided in s. 775.082 or s. 775.083, and |
119 | shall pay a fine of not less than $500 and not more than $1,000, |
120 | and the court shall revoke the driver's license of a person so |
121 | convicted for 2 years. A hearing may be requested pursuant to s. |
122 | 322.271. |
123 | (e) Any person who violates any provision of paragraph |
124 | (2)(a) or paragraph (2)(b) and by reason of such violation |
125 | causes or in any way contributes to causing serious bodily |
126 | injury to another, as defined in s. 316.1933, commits a felony |
127 | of the third degree, punishable as provided in s. 775.082, s. |
128 | 775.083, or s. 775.084, and shall pay a fine of not less than |
129 | $1,000. |
130 | (f) Any person who violates any provision of paragraph |
131 | (2)(a) or paragraph (2)(b) and by reason of such violation |
132 | causes or in any way contributes to causing the death of any |
133 | human being or unborn quick child commits the crime of |
134 | manslaughter resulting from the operation of a motor vehicle. In |
135 | any conviction under this paragraph, the court shall permanently |
136 | revoke the driver's license of a person so convicted. A hearing |
137 | may be requested pursuant to s. 322.271. A person so convicted |
138 | commits: |
139 | 1. A felony of the second degree, punishable as provided |
140 | in s. 775.082, s. 775.083, or s. 775.084, and shall pay a fine |
141 | of not less than $5,000; or |
142 | 2. A felony of the first degree, punishable as provided in |
143 | s. 775.082, s. 775.083, or s. 775.084, and shall pay a fine of |
144 | not less than $5,000, if: |
145 | a. At the time of the crash, the person knew, or should |
146 | have known, that the crash occurred; and |
147 | b. The person failed to give information and render aid as |
148 | required by s. 316.062. |
149 |
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150 | For purposes of this paragraph, the definition of the term |
151 | "unborn quick child" shall be determined in accordance with the |
152 | definition of viable fetus as set forth in s. 782.071. A person |
153 | who is convicted of manslaughter resulting from the operation of |
154 | a motor vehicle shall be sentenced to a mandatory minimum term |
155 | of imprisonment of 4 years. |
156 | (4)(c) In any case charging a violation of paragraph |
157 | (2)(a) or paragraph (2)(b), the court shall be provided a copy |
158 | of the driving record of the person charged and may obtain any |
159 | records from any other source to determine if one or more prior |
160 | convictions of the person for violation of paragraph (2)(a) or |
161 | paragraph (2)(b) have occurred within 5 years prior to the |
162 | charged offense; however, at trial, proof of such prior |
163 | conviction must be made by a certified copy of any prior |
164 | judgment of conviction or judgment withholding adjudication of |
165 | guilt. |
166 | (5)(a)(3) Whenever a law enforcement officer determines |
167 | that a person has committed a violation of paragraph (2)(a) or |
168 | paragraph (2)(b) was engaged in a drag race or race, as |
169 | described in subsection (1), the officer may immediately arrest |
170 | and take such person into custody, consistent with |
171 | constitutional requirements, regardless of whether or not the |
172 | offense was committed in the presence of the officer or whether |
173 | the officer's determination is based upon information provided |
174 | by anonymous tipsters, citizen informants, or any other source. |
175 | The court may enter an order of impoundment or immobilization as |
176 | a condition of incarceration or probation. Within 7 business |
177 | days after the date the court issues the order of impoundment or |
178 | immobilization, the clerk of the court must send notice by |
179 | certified mail, return receipt requested, to the registered |
180 | owner of the motor vehicle, if the registered owner is a person |
181 | other than the defendant, and to each person of record claiming |
182 | a lien against the motor vehicle. |
183 | (b)(a) Notwithstanding any provision of law to the |
184 | contrary, the impounding agency shall release a motor vehicle |
185 | under the conditions provided in s. 316.193(6)(e) and, (f), (g), |
186 | and (h), if the owner or agent presents a valid driver license |
187 | at the time of pickup of the motor vehicle. |
188 | (c)(b) All costs and fees for the impoundment or |
189 | immobilization, including the cost of notification, must be paid |
190 | by the owner of the motor vehicle or, if the motor vehicle is |
191 | leased or rented, by the person leasing or renting the motor |
192 | vehicle, unless the impoundment or immobilization order is |
193 | dismissed. All provisions of s. 713.78 shall apply. |
194 | (d)(c) Any motor vehicle used in violation of subsection |
195 | (2) may be impounded for a period of 30 10 business days if a |
196 | law enforcement officer has arrested and taken a person into |
197 | custody pursuant to this subsection and the person being |
198 | arrested is the registered owner or coowner of the motor |
199 | vehicle. If the arresting officer finds that the criteria of |
200 | this paragraph are met, the officer may immediately impound the |
201 | motor vehicle. The law enforcement officer shall notify the |
202 | Department of Highway Safety and Motor Vehicles of any |
203 | impoundment for violation of this subsection in accordance with |
204 | procedures established by the department. The provisions of |
205 | paragraphs (b) (a) and (c) (b) shall be applicable to such |
206 | impoundment. |
207 | (4) Any motor vehicle used in violation of subsection (2) |
208 | by any person within 5 years after the date of a prior |
209 | conviction of that person for a violation under subsection (2) |
210 | may be seized and forfeited as provided by the Florida |
211 | Contraband Forfeiture Act. This subsection shall only be |
212 | applicable if the owner of the motor vehicle is the person |
213 | charged with violation of subsection (2). |
214 | (6)(5) This section does not apply to licensed or duly |
215 | authorized racetracks, drag strips, or other designated areas |
216 | set aside by proper authorities for such purposes. |
217 | (7) If any provision of this section is deemed |
218 | unconstitutional by any court, such unconstitutional provision |
219 | shall be deemed severable and such determination shall not |
220 | affect the enforceability of all remaining constitutional |
221 | provisions of this section. |
222 |
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223 | ----------------------------------------------------- |
224 | T I T L E A M E N D M E N T |
225 | Remove line 2014 and insert: |
226 | zone; amending s. 316.191, F.S.; revising provisions prohibiting |
227 | certain speed competitions and exhibitions; revising the |
228 | definition of the terms "conviction," "drag race," and "race"; |
229 | defining the terms "exhibition of acceleration," "exhibition of |
230 | speed," and "spectator"; prohibiting driving in any race, drag |
231 | race, exhibition of speed, or exhibition of acceleration; |
232 | prohibiting certain acts in association with a race, drag race, |
233 | exhibition of speed, or exhibition of acceleration; prohibiting |
234 | being a spectator at any such race, drag race, or exhibition; |
235 | providing criminal and noncriminal penalties; providing for |
236 | revocation of the offender's driver's license upon conviction; |
237 | providing for disposition of citation for being a spectator; |
238 | providing penalties for a second or subsequent offense; |
239 | providing that a violation that causes or contributes to causing |
240 | serious bodily injury to another is a felony of the third |
241 | degree; providing that a violation that causes or contributes to |
242 | causing the death of any human being or unborn quick child is |
243 | the crime of manslaughter resulting from the operation of a |
244 | motor vehicle; providing penalties; providing for a |
245 | determination of the definition of the term "unborn quick |
246 | child"; requiring that the driving record of a person charged be |
247 | provided to the court; providing criteria for arrest; providing |
248 | procedures for impoundment or immobilization of a motor vehicle |
249 | under a court order; providing for release from impoundment |
250 | under specified exceptions; requiring that costs and fees of |
251 | impoundment to be paid by the owner or lessee of the motor |
252 | vehicle; providing procedures for an arresting officer to |
253 | immediately impound a motor vehicle used in a violation; |
254 | providing for the period of impoundment; removing a requirement |
255 | for impoundment that the person being arrested is the registered |
256 | owner or coowner of the motor vehicle; providing for |
257 | satisfaction of the element of negligent entrustment; providing |
258 | for severability; providing noncriminal penalties for the |
259 | display of images or devices on a motor vehicle; amending s. |
260 | 316.193, F.S.; lowering the blood- |