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The Committee on Transportation and Economic Development

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Appropriations (Webster) recommended the following substitute for

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amendment (263764):

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     Senate Amendment (with title amendment)

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     Delete line(s) 303-651

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and insert:

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Section 3.  Effective July 1, 2006, subsection (6) of

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section 316.1895, Florida Statutes, is amended to read:

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     316.1895  Establishment of school speed zones, enforcement;

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designation.--

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     (6)  Permanent signs designating school zones and school

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zone speed limits shall be uniform in size and color, and shall

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have the times during which the restrictive speed limit is

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enforced clearly designated thereon. Flashing beacons activated

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by a time clock, or other automatic device, or manually activated

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may be used as an alternative to posting the times during which

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the restrictive school speed limit is enforced. Beginning July 1,

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2008, for any newly established school zone or any school zone in

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which the signing has been replaced, a sign stating "Speeding

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Fines Doubled" shall be installed within the school zone. The

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Department of Transportation shall establish adequate standards

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for the signs and flashing beacons.

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     Section 4.  Section 316.191, Florida Statutes, is amended to

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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 the

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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 a

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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 or

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may occur through a competitive response to conduct on the part

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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 in

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

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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 driver

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or passenger of another motor vehicle, of the motor vehicle's

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speed or handling capabilities at a speed of at least double the

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posted or lawful speed limit or 100 miles per hour, whichever is

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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 arrive

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at a given destination ahead of another motor vehicle or motor

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

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over long-distance driving routes. A race may be prearranged or

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may occur through a competitive response to conduct on the part

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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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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 the

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individual, evidence of gambling or betting on the outcome of the

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race, and any other factor that would tend to show knowing

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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; or

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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).

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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 the

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

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775.083. Any person who violates any provision of this paragraph

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(2)(a) or paragraph (2)(b) shall pay a fine of not less than $250

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$500 and not more than $500 $1,000, and the court shall revoke

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

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regardless of whether or not adjudication is withheld and the

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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 traffic violation, punishable as a

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moving violation as provided in chapter 318.

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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 $500

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

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the court may not withhold adjudication of guilt and shall revoke

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the driver's license of that person for 5 years. The department

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shall also revoke the driver license of that person for 2 years.

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A hearing may be requested pursuant to s. 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 causes

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or in any way contributes to causing damage to the property or

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person of another commits a misdemeanor of the first degree,

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punishable as provided in s. 775.082 or s. 775.083, and shall pay

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

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

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for 2 years regardless of whether or not adjudication is

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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 causes

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or in any way contributes to causing serious bodily injury to

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another, as defined in s. 316.1933, commits a felony of the third

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

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775.084, and shall pay a fine of not less than $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 causes

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or in any way contributes to causing the death of any human being

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or unborn quick child commits the crime of manslaughter resulting

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from the operation of a motor vehicle. In any conviction under

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this paragraph, the court may not withhold adjudication of guilt

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

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convicted. A hearing may be requested pursuant to s. 322.271. A

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person so convicted commits:

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     1. A felony of the second 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; 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 manslaughter resulting from the operation of

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a motor vehicle shall be sentenced to a mandatory minimum term of

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imprisonment of 4 years.

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     (4)(c) In any case charging a violation of paragraph (2)(a)

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

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driving record of the person charged and may obtain any records

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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 a 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 described

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

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such person into custody, consistent with constitutional

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requirements, regardless of whether or not the offense was

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committed in the presence of the officer or whether the officer's

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determination is based upon information provided by anonymous

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tipsters, citizen informants, or any other source. The court may

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enter an order of impoundment or immobilization as a condition of

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incarceration or probation. Within 7 business days after the date

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the court issues the order of impoundment or immobilization, the

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

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receipt requested, to the registered owner of the motor vehicle,

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if the registered owner is a person other than the defendant, and

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to each person of record claiming a lien against the motor

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vehicle.

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     (b)(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 at

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the time of pickup of the motor vehicle.

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     (c)(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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     (d)(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 law

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enforcement officer has arrested and taken a person into custody

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pursuant to this subsection and the person being arrested is the

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registered owner or coowner of the motor vehicle. If the

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arresting officer finds that the criteria of this paragraph are

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met, the officer may immediately impound the motor vehicle. The

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law enforcement officer shall notify the Department of Highway

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Safety and Motor Vehicles of any impoundment for violation of

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this subsection in accordance with procedures established by the

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department. The provisions of paragraphs (b) (a) and (c) (b)

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shall be applicable to such impoundment.

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     (4) Any motor vehicle used in violation of subsection (2)

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by any person within 5 years after the date of a prior conviction

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of that person for a violation under subsection (2) may be seized

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and forfeited as provided by the Florida Contraband Forfeiture

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Act. This subsection shall only be applicable if the owner of the

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motor vehicle is the person charged with violation of subsection

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(2).

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

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authorized racetracks, drag strips, or other designated areas set

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aside by proper authorities for such purposes.

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     (7) 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 affect

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the enforceability of all remaining constitutional provisions of

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this section.

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     Section 5. Whoever willfully displays on a vehicle an

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obscene word, image, or device, including, but not limited to,

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reproductive glands, commits a noncriminal traffic violation,

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punishable as a moving violation as provided in chapter 318.

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     Section 6.  Subsection (4) of section 316.193, Florida

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Statutes, is amended to read:

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     316.193  Driving under the influence; penalties.--

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     (4)  Any person who is convicted of a violation of

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subsection (1) and who has a blood-alcohol level or breath-

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alcohol level of 0.15 0.20 or higher, or any person who is

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convicted of a violation of subsection (1) and who at the time of

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the offense was accompanied in the vehicle by a person under the

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age of 18 years, shall be punished:

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     (a)  By a fine of:

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     1.  Not less than $500 or more than $1,000 for a first

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conviction.

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     2.  Not less than $1,000 or more than $2,000 for a second

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conviction.

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     3.  Not less than $2,000 for a third or subsequent

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conviction.

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     (b)  By imprisonment for:

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     1.  Not more than 9 months for a first conviction.

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     2.  Not more than 12 months for a second conviction.

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For the purposes of this subsection, only the instant offense is

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required to be a violation of subsection (1) by a person who has

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a blood-alcohol level or breath-alcohol level of 0.15 0.20 or

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higher.

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     (c)  In addition to the penalties in paragraphs (a) and (b),

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the court shall order the mandatory placement, at the convicted

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person's sole expense, of an ignition interlock device approved

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by the department in accordance with s. 316.1938 upon all

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vehicles that are individually or jointly leased or owned and

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routinely operated by the convicted person for not less than up

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to 6 continuous months for the first offense and for not less

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than at least 2 continuous years for a second offense, when the

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convicted person qualifies for a permanent or restricted license.

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The installation of such device may not occur before July 1,

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2003.

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     Section 7.  Subsection (1) of section 316.1937, Florida

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Statutes, is amended to read:

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     316.1937  Ignition interlock devices, requiring; unlawful

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acts.--

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     (1)  In addition to any other authorized penalties, the

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court may require that any person who is convicted of driving

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under the influence in violation of s. 316.193 shall not operate

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a motor vehicle unless that vehicle is equipped with a

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functioning ignition interlock device certified by the department

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as provided in s. 316.1938, and installed in such a manner that

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the vehicle will not start if the operator's blood alcohol level

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is in excess of 0.05 percent or as otherwise specified by the

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court. The court may require the use of an approved ignition

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interlock device for a period of not less than 6 continuous

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months, if the person is permitted to operate a motor vehicle,

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whether or not the privilege to operate a motor vehicle is

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restricted, as determined by the court. The court, however, shall

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order placement of an ignition interlock device in those

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circumstances required by s. 316.193.

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     Section 8.  Subsection (1), subsection (2) of section

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316.2397, Florida Statutes, are amended to read:

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     316.2397  Certain lights prohibited; exceptions.--

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     (1) A No person may not shall drive or move or cause to be

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moved any vehicle or equipment upon any highway within this state

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with any lamp or device thereon showing or displaying a red or

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blue light visible from directly in front thereof except for

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certain vehicles hereinafter provided.

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     (2)  It is expressly prohibited for any vehicle or

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equipment, except police vehicles, to show or display blue

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lights. However, vehicles owned, operated, or leased by the

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Department of Corrections or any county correctional agency may

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show or display blue lights when responding to emergencies.

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     Section 9.  Subsection (2) of section 316.251, Florida

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Statutes, is amended to read:

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     316.251  Maximum bumper heights.--

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     (2) "New motor vehicles" as defined in s. 319.001(9)(8),

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"antique automobiles" as defined in s. 320.08, "horseless

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carriages" as defined in s. 320.086, and "street rods" as defined

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in s. 320.0863 shall be excluded from the requirements of this

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section.

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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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     Delete line(s) 12-72

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and insert:

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a law enforcement officer; amending s. 316.1895, F.S.;

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requiring the placement of signs in certain school zones

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stating that speeding fines are doubled within the zone;

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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 criminal and noncriminal penalties; providing

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for revocation of the offender's 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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manslaughter resulting from the operation of a motor

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vehicle; 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 impoundment or

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immobilization of a motor vehicle under a court order;

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providing for release from impoundment under specified

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exceptions; requiring that costs and fees of impoundment

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to be paid by the owner or lessee of the motor vehicle;

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providing procedures for an arresting officer to

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immediately impound a motor vehicle used in a violation;

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providing for the period of impoundment; removing a

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requirement for impoundment that the person being arrested

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is the registered owner or coowner of the motor vehicle;

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providing for satisfaction of the element of negligent

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entrustment; providing for severability; providing

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noncriminal penalties for the display of obscene words,

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images, or devices on a motor vehicle; amending s.

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316.193, F.S.; lowering the blood-alcohol or breath-

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alcohol level for which enhanced penalties are imposed

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against a person who was accompanied in the vehicle by a

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minor at the time of the offense; clarifying that an

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ignition interlock device is installed for a continuous

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period; amending s. 316.1937, F.S.; revising the

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conditions under which the court may require the use of an

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ignition interlock device; amending s. 316.2397, F.S.;

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authorizing specified agencies to display blue lights when

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responding to emergencies; amending s. 316.251, F.S.;

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conforming a cross-reference; amending

4/10/2008  1:35:00 PM     TR.TA.07344