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A bill to be entitled

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An act relating to street racing; creating the "Luis

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Rivera Ortega Street Racing Act"; amending s. 316.191,

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F.S.; revising provisions prohibiting certain speed

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competitions and exhibitions; revising the definition of

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the terms "conviction," "drag race," and "race"; defining

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the terms "exhibition of acceleration," "exhibition of

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speed," and "spectator"; prohibiting driving in any race,

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drag race, exhibition of speed, or exhibition of

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acceleration; prohibiting certain acts in association with

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a race, drag race, exhibition of speed, or exhibition of

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acceleration; prohibiting being a spectator at any such

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race, drag race, or exhibition; providing for a rebuttable

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presumption that a person is a spectator; providing

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criminal and noncriminal penalties; providing for

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revocation of the driver license upon conviction;

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providing for disposition of citation for being a

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spectator; providing penalties for a second or subsequent

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offense; providing that a violation that causes or

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contributes to causing serious bodily injury to another is

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a felony of the third degree; providing that a violation

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that causes or contributes to causing the death of any

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human being or unborn quick child is the crime of racing

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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; providing an

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effective date.

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     WHEREAS, illegal street racing has lead to a significant

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number of deaths as well as substantial bodily injuries to

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drivers and pedestrians in the State of Florida, and

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     WHEREAS, the definitions of "drag race" and "race" require

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further clarification to comport with the requirements of the

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Florida and United States Constitutions, and

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     WHEREAS, increased penalties for first-time and repeat

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offenders are necessary to preserve the safety and security of

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our highways, roads, and pedestrians, and

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     WHEREAS, prevention of illegal street racing requires the

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proscription of negligent entrustment of vehicles being utilized

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in such racing, and

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     WHEREAS, illegal street racing events have increasingly

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become spectator-driven and the assembly of persons at such

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events for the purpose of viewing or participating therein

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materially contributes to the number and severity of illegal

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street racing, and

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     WHEREAS, to prevent further death and injury resulting from

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illegal street racing, the Legislature of the State of Florida

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finds a compelling state interest in proscribing and providing

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for civil penalties for knowing spectators of such events due to

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their critical role in promoting and assisting in the

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conflagration of illegal street racing, NOW, THEREFORE,

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. Short title.--This act may be cited as the "Luis

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Rivera Ortega Street Racing Act."

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     Section 2.  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 that, 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 that, 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). A vehicle

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

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or exhibition under circumstances suggesting that the driver or

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operator of such vehicle is a spectator shall create a rebuttable

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presumption that the registered owner of the vehicle is a

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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 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 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 violation, punishable as provided in

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

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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 $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 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 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 racing manslaughter.

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In any conviction under this paragraph, the court may not

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withhold adjudication of guilt and shall permanently revoke the

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driver license of a person so convicted. A hearing may be

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requested pursuant to s. 322.271. A 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 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 (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 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 law enforcement officer who determines that, in

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

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

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

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

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jurisdiction wherein the offense was committed charging the

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registered owner of such vehicle with the proscribed offense. The

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clerk shall issue a notice to appear to the registered owner's

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last known address maintained by the department and shall

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schedule a mandatory court appearance before a county judge

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

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such person to appear as required or to comply with any fine

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imposed under this paragraph shall be subject to the procedures

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of s. 318.15 governing failures to appear or to pay. An officer

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may use any photographic or recording equipment in determining

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the tag number or registered owner of any vehicle pursuant to

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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 at

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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 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 (c)(a) and (d)(b) shall

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be applicable to such 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 Contraband

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Forfeiture Act. This subsection shall be applicable to all owners

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of the motor vehicle who are either charged with a criminal

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violation of subsection (2) or who negligently entrusted their

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vehicle to the person charged with a criminal violation of

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subsection (2), and the Florida Contraband Forfeiture Act shall

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apply regardless of whether or not the violation is a misdemeanor

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or felony. The element of negligent entrustment is satisfied if

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the owner of a motor vehicle entrusts his or her vehicle to a

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person knowing that such person has previously been cited or

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charged with any violation of this section, whether or not such

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charge or citation resulted in a conviction only be applicable if

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the owner of the motor vehicle is the person charged with

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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 set

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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 affect

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the enforceability of all remaining constitutional provisions of

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this section.

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     Section 3.  This act shall take effect October 1, 2008.