Amendment
Bill No. CS/CS/CS/SB 1992
Amendment No. 273731
CHAMBER ACTION
Senate House
.
.
.






1Representative Soto offered the following:
2
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
6to 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
10the result of a plea or trial, regardless of whether or not
11adjudication is withheld.
12     (b)  "Drag race" means the operation of two or more motor
13vehicles in competition, arising from a challenge to demonstrate
14superiority of a motor vehicle or driver and the acceptance or
15competitive response to that challenge, either through a prior
16arrangement or in immediate response, from a point side by side
17at accelerating speeds in a competitive attempt to outdistance
18each other, or the operation of one or more motor vehicles over
19a common selected course, from the same point to the same point,
20for the purpose of comparing the relative speeds or power of
21acceleration of such motor vehicle or motor vehicles within a
22certain distance or time limit. A drag race may be prearranged
23or may occur through a competitive response to conduct on the
24part of one or more drivers which, under the totality of the
25circumstances, can reasonably be interpreted as a challenge to
26participate in a drag race.
27     (c)  "Exhibition of acceleration" means the use of a motor
28vehicle in a demonstration to another person or persons,
29including, but not limited to, any passenger of such motor
30vehicle or the driver or passenger of another motor vehicle, of
31the motor vehicle's ability to accelerate by a sudden increase
32in speed causing a tire to lose firm traction with, or burn,
33smoke, or squeal against, the road surface which results in the
34vehicle's continuous acceleration to a final speed that exceeds
35the posted or lawful speed limit.
36     (d)  "Exhibition of speed" means the use of a motor vehicle
37in a demonstration to another person or persons, including, but
38not limited to, any passenger of such motor vehicle or the
39driver or passenger of another motor vehicle, of the motor
40vehicle's speed or handling capabilities at a speed of at least
41double the posted or lawful speed limit or 100 miles per hour,
42whichever is less.
43     (e)(c)  "Race Racing" means the use of one or more motor
44vehicles in competition, arising from a challenge to demonstrate
45superiority of a motor vehicle or driver and the acceptance or
46competitive response to that challenge, either through a prior
47arrangement or in immediate response, in which the competitor
48attempts an attempt to outgain or outdistance another motor
49vehicle, to prevent another motor vehicle from passing, to
50arrive at a given destination ahead of another motor vehicle or
51motor vehicles, or to test the physical stamina or endurance of
52drivers over long-distance driving routes. A race may be
53prearranged or may occur through a competitive response to
54conduct on the part of one or more drivers which, under the
55totality of the circumstances, can reasonably be interpreted as
56a challenge to race.
57     (f)  "Spectator" means any person who is knowingly present
58at and views an illegal race, drag race, or exhibition when such
59presence is the result of an affirmative choice to attend or
60participate in the race or exhibition. For purposes of
61determining whether or not an individual is a spectator, finders
62of fact shall consider the relationship between the racer and
63the individual, evidence of gambling or betting on the outcome
64of the race, and any other factor that would tend to show
65knowing attendance or participation.
66     (2)(a)  A person operating or in actual physical control of
67a motor vehicle, including any motorcycle, on any street or
68highway or publicly accessible parking lot may not:
69     1.  Drive any motor vehicle, including any motorcycle, in
70any race;,
71     2.  Drive in any speed competition or contest, drag race;
72or 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
75purpose of making a speed record on any highway, roadway, or
76parking lot;
77     (b)  A person may not:
78     1.2.  In any manner knowingly participate in, coordinate,
79facilitate, or collect moneys at any location for any such race,
80drag race competition, contest, test, or exhibition prohibited
81under paragraph (a);
82     2.3.  Knowingly ride as a passenger in any such race, drag
83race competition, contest, test, or exhibition prohibited under
84paragraph (a); or
85     3.4.  Knowingly Purposefully cause the movement of traffic
86to slow or stop for any such race, drag race competition,
87contest, test, or exhibition prohibited under paragraph (a).
88     (c)  A person may not be a spectator at any such race, drag
89race, or exhibition prohibited under paragraph (a).
90     (3)(a)  Any person who violates any provision of this
91paragraph (2)(a) or paragraph (2)(b) commits a misdemeanor of
92the second first degree, punishable as provided in s. 775.082 or
93s. 775.083. Any person who violates any provision of this
94paragraph (2)(a) or paragraph (2)(b) shall pay a fine of not
95less than $250 $500 and not more than $500 $1,000, and the court
96shall revoke the driver's license of a person so convicted for 2
97years and the department shall revoke the driver license of a
98person so convicted for 1 year. A hearing may be requested
99pursuant 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
102moving 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
105prior violation that resulted in a conviction for a violation of
106paragraph (2)(a) or paragraph (2)(b) this subsection commits a
107misdemeanor of the first degree, punishable as provided in s.
108775.082 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
110conviction, the court shall revoke the driver's license of that
111person for 5 years. The department shall also revoke the driver
112license of that person for 2 years. A hearing may be requested
113pursuant 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
116causes or in any way contributes to causing damage to the
117property or person of another commits a misdemeanor of the first
118degree, punishable as provided in s. 775.082 or s. 775.083, and
119shall pay a fine of not less than $500 and not more than $1,000,
120and the court shall revoke the driver's license of a person so
121convicted for 2 years. A hearing may be requested pursuant to s.
122322.271.
123     (e)  Any person who violates any provision of paragraph
124(2)(a) or paragraph (2)(b) and by reason of such violation
125causes or in any way contributes to causing serious bodily
126injury to another, as defined in s. 316.1933, commits a felony
127of the third degree, punishable as provided in s. 775.082, s.
128775.083, 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
132causes or in any way contributes to causing the death of any
133human being or unborn quick child commits the crime of
134manslaughter resulting from the operation of a motor vehicle. In
135any conviction under this paragraph, the court shall permanently
136revoke the driver's license of a person so convicted. A hearing
137may be requested pursuant to s. 322.271. A person so convicted
138commits:
139     1.  A felony of the second degree, punishable as provided
140in s. 775.082, s. 775.083, or s. 775.084, and shall pay a fine
141of not less than $5,000; or
142     2.  A felony of the first degree, punishable as provided in
143s. 775.082, s. 775.083, or s. 775.084, and shall pay a fine of
144not less than $5,000, if:
145     a.  At the time of the crash, the person knew, or should
146have known, that the crash occurred; and
147     b.  The person failed to give information and render aid as
148required by s. 316.062.
149
150For purposes of this paragraph, the definition of the term
151"unborn quick child" shall be determined in accordance with the
152definition of viable fetus as set forth in s. 782.071. A person
153who is convicted of manslaughter resulting from the operation of
154a motor vehicle shall be sentenced to a mandatory minimum term
155of 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
158of the driving record of the person charged and may obtain any
159records from any other source to determine if one or more prior
160convictions of the person for violation of paragraph (2)(a) or
161paragraph (2)(b) have occurred within 5 years prior to the
162charged offense; however, at trial, proof of such prior
163conviction must be made by a certified copy of any prior
164judgment of conviction or judgment withholding adjudication of
165guilt.
166     (5)(a)(3)  Whenever a law enforcement officer determines
167that a person has committed a violation of paragraph (2)(a) or
168paragraph (2)(b) was engaged in a drag race or race, as
169described in subsection (1), the officer may immediately arrest
170and take such person into custody, consistent with
171constitutional requirements, regardless of whether or not the
172offense was committed in the presence of the officer or whether
173the officer's determination is based upon information provided
174by anonymous tipsters, citizen informants, or any other source.
175The court may enter an order of impoundment or immobilization as
176a condition of incarceration or probation. Within 7 business
177days after the date the court issues the order of impoundment or
178immobilization, the clerk of the court must send notice by
179certified mail, return receipt requested, to the registered
180owner of the motor vehicle, if the registered owner is a person
181other than the defendant, and to each person of record claiming
182a lien against the motor vehicle.
183     (b)(a)  Notwithstanding any provision of law to the
184contrary, the impounding agency shall release a motor vehicle
185under the conditions provided in s. 316.193(6)(e) and, (f), (g),
186and (h), if the owner or agent presents a valid driver license
187at the time of pickup of the motor vehicle.
188     (c)(b)  All costs and fees for the impoundment or
189immobilization, including the cost of notification, must be paid
190by the owner of the motor vehicle or, if the motor vehicle is
191leased or rented, by the person leasing or renting the motor
192vehicle, unless the impoundment or immobilization order is
193dismissed. 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
196law enforcement officer has arrested and taken a person into
197custody pursuant to this subsection and the person being
198arrested is the registered owner or coowner of the motor
199vehicle. If the arresting officer finds that the criteria of
200this paragraph are met, the officer may immediately impound the
201motor vehicle. The law enforcement officer shall notify the
202Department of Highway Safety and Motor Vehicles of any
203impoundment for violation of this subsection in accordance with
204procedures established by the department. The provisions of
205paragraphs (b) (a) and (c) (b) shall be applicable to such
206impoundment.
207     (4)  Any motor vehicle used in violation of subsection (2)
208by any person within 5 years after the date of a prior
209conviction of that person for a violation under subsection (2)
210may be seized and forfeited as provided by the Florida
211Contraband Forfeiture Act. This subsection shall only be
212applicable if the owner of the motor vehicle is the person
213charged with violation of subsection (2).
214     (6)(5)  This section does not apply to licensed or duly
215authorized racetracks, drag strips, or other designated areas
216set aside by proper authorities for such purposes.
217     (7)  If any provision of this section is deemed
218unconstitutional by any court, such unconstitutional provision
219shall be deemed severable and such determination shall not
220affect the enforceability of all remaining constitutional
221provisions of this section.
222
223
-----------------------------------------------------
224
T I T L E  A M E N D M E N T
225     Remove line 2014 and insert:
226zone; amending s. 316.191, F.S.; revising provisions prohibiting
227certain speed competitions and exhibitions; revising the
228definition of the terms "conviction," "drag race," and "race";
229defining the terms "exhibition of acceleration," "exhibition of
230speed," and "spectator"; prohibiting driving in any race, drag
231race, exhibition of speed, or exhibition of acceleration;
232prohibiting certain acts in association with a race, drag race,
233exhibition of speed, or exhibition of acceleration; prohibiting
234being a spectator at any such race, drag race, or exhibition;
235providing criminal and noncriminal penalties; providing for
236revocation of the offender's driver's license upon conviction;
237providing for disposition of citation for being a spectator;
238providing penalties for a second or subsequent offense;
239providing that a violation that causes or contributes to causing
240serious bodily injury to another is a felony of the third
241degree; providing that a violation that causes or contributes to
242causing the death of any human being or unborn quick child is
243the crime of manslaughter resulting from the operation of a
244motor vehicle; providing penalties; providing for a
245determination of the definition of the term "unborn quick
246child"; requiring that the driving record of a person charged be
247provided to the court; providing criteria for arrest; providing
248procedures for impoundment or immobilization of a motor vehicle
249under a court order; providing for release from impoundment
250under specified exceptions; requiring that costs and fees of
251impoundment to be paid by the owner or lessee of the motor
252vehicle; providing procedures for an arresting officer to
253immediately impound a motor vehicle used in a violation;
254providing for the period of impoundment; removing a requirement
255for impoundment that the person being arrested is the registered
256owner or coowner of the motor vehicle; providing for
257satisfaction of the element of negligent entrustment; providing
258for severability; providing noncriminal penalties for the
259display of images or devices on a motor vehicle; amending s.
260316.193, F.S.; lowering the blood-


CODING: Words stricken are deletions; words underlined are additions.