HB 843

1
A bill to be entitled
2An act relating to street racing; creating the "Luis
3Rivera Ortega Street Racing Act"; amending s. 316.191,
4F.S.; revising provisions prohibiting certain speed
5competitions and exhibitions; prohibiting driving in any
6race, drag race, or exhibition of speed or acceleration;
7prohibiting specified activities involving such races,
8drag races, and exhibitions; providing criminal and
9noncriminal penalties; providing for revocation of the
10driver license upon conviction; providing penalties for a
11second or subsequent offense; requiring that the driving
12record of a person charged be provided to the court;
13providing criteria for arrest; revising provisions for
14impounding a motor vehicle used in a violation; providing
15for severability; providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  This act may be cited as the "Luis Rivera
20Ortega Street Racing Act."
21     Section 2.  Section 316.191, Florida Statutes, is amended
22to read:
23     316.191  Racing on highways.--
24     (1)  As used in this section, the term:
25     (a)  "Conviction" means a determination of guilt that is
26the result of a plea or trial, regardless of whether
27adjudication is withheld.
28     (b)  "Drag race" means the operation of two or more motor
29vehicles from a point side by side at accelerating speeds in a
30competitive attempt to outdistance each other, or the operation
31of one or more motor vehicles over a common selected course,
32from the same point to the same point, for the purpose of
33comparing the relative speeds or power of acceleration of such
34motor vehicle or motor vehicles within a certain distance or
35time limit.
36     (c)  "Racing" means the use of one or more motor vehicles
37in an attempt to outgain or outdistance another motor vehicle,
38to prevent another motor vehicle from passing, to arrive at a
39given destination ahead of another motor vehicle or motor
40vehicles, or to test the physical stamina or endurance of
41drivers over long-distance driving routes.
42     (d)  "Spectator" means any person who is knowingly present
43at and views a drag race, when such presence is the result of an
44affirmative choice to attend or participate in the race. For
45purposes of determining whether or not an individual is a
46spectator, finders of fact shall consider the relationship
47between the racer and the individual, evidence of gambling or
48betting on the outcome of the race, and any other factor that
49would tend to show knowing attendance or participation.
50     (2)(a)  A person operating or in actual physical control of
51a motor vehicle, including any motorcycle, on any street or
52highway or public parking lot may not drive in any:
53     1.  Race; Drive any motor vehicle, including any
54motorcycle, in any race, speed competition or contest,
55     2.  Drag race; or acceleration contest, test of physical
56endurance, or
57     3.  Exhibition of speed or acceleration. or for the purpose
58of making a speed record on any highway, roadway, or parking
59lot;
60     (b)  A person may not:
61     1.2.  In any manner participate in, coordinate, facilitate,
62or collect moneys at any location for any such race, drag race
63competition, contest, test, or exhibition prohibited under
64paragraph (a);
65     2.3.  Knowingly ride as a passenger in any such race, drag
66race competition, contest, test, or exhibition prohibited under
67paragraph (a); or
68     3.4.  Purposefully cause the movement of traffic to slow or
69stop for any such race, drag race competition, contest, test, or
70exhibition prohibited under paragraph (a).
71     (3)(a)  Any person who violates any provision of subsection
72(2) this paragraph commits a misdemeanor of the second first
73degree, punishable as provided in s. 775.082 or s. 775.083. Any
74person who violates any provision of subsection (2) this
75paragraph shall pay a fine of not less than $250 $500 and not
76more than $500 $1,000, and the department shall revoke the
77driver license of a person so convicted for 2 years regardless
78of whether or not adjudication is withheld 1 year. A hearing may
79be requested pursuant to s. 322.271.
80     (b)  Any person who commits a second violation of any
81provision of violates paragraph (2)(a) within 5 years after the
82date of a prior violation that resulted in a conviction for a
83violation of paragraph (2)(a) this subsection commits a
84misdemeanor of the first degree, punishable as provided in s.
85775.082 or s. 775.083, and shall pay a fine of not less than
86$500 and not more than $1,000. The department shall also revoke
87the driver license of that person for 3 2 years. A hearing may
88be requested pursuant to s. 322.271.
89     (c)  Any person who commits a third violation of any
90provision of paragraph (2)(a) within 10 years after a prior
91conviction for a violation of paragraph (2)(a) commits a felony
92of the third degree, punishable as provided in s. 775.082, s.
93775.083, or s. 775.084, and shall pay a fine of not less than
94$2,000 and not more than $5,000. The department shall also
95revoke the driver's license of that person for 5 years. A
96hearing may be requested pursuant to s. 322.271.
97     (4)(c)  In any case charging a violation of paragraph
98(2)(a), the court shall be provided a copy of the driving record
99of the person charged and may obtain any records from any other
100source to determine if one or more prior convictions of the
101person for violation of paragraph (2)(a) have occurred within 5
102years prior to the charged offense.
103     (5)(3)(a)  A person may not be a spectator at any drag race
104prohibited under subsection (2).
105     (b)  A person who violates the provisions of paragraph (a)
106commits a noncriminal traffic infraction, punishable as a moving
107violation as provided in chapter 318.
108     (6)(4)  Whenever a law enforcement officer determines that
109a person has committed a violation of subsection (2) was engaged
110in a drag race or race, as described in subsection (1), the
111officer may immediately arrest and take such person into
112custody. The court may enter an order of impoundment or
113immobilization as a condition of incarceration or probation.
114Within 7 business days after the date the court issues the order
115of impoundment or immobilization, the clerk of the court must
116send notice by certified mail, return receipt requested, to the
117registered owner of the motor vehicle, if the registered owner
118is a person other than the defendant, and to each person of
119record claiming a lien against the motor vehicle.
120     (a)  Notwithstanding any provision of law to the contrary,
121the impounding agency shall release a motor vehicle under the
122conditions provided in s. 316.193(6)(e) and, (f), (g), and (h),
123if the owner or agent presents a valid driver license at the
124time of pickup of the motor vehicle.
125     (b)  All costs and fees for the impoundment or
126immobilization, including the cost of notification, must be paid
127by the owner of the motor vehicle or, if the motor vehicle is
128leased or rented, by the person leasing or renting the motor
129vehicle, unless the impoundment or immobilization order is
130dismissed. All provisions of s. 713.78 shall apply.
131     (c)  Any motor vehicle used in violation of subsection (2)
132may be impounded for a period of 30 10 business days if a law
133enforcement officer has arrested and taken a person into custody
134pursuant to this subsection and the person being arrested is the
135registered owner or coowner of the motor vehicle. If the
136arresting officer finds that the criteria of this paragraph are
137met, the officer may immediately impound the motor vehicle. The
138law enforcement officer shall notify the Department of Highway
139Safety and Motor Vehicles of any impoundment for violation of
140this subsection in accordance with procedures established by the
141department. The provisions of paragraphs (a) and (b) shall be
142applicable to such impoundment.
143     (7)(5)  Any motor vehicle used in violation of subsection
144(2) by any person within 5 years after the date of a prior
145conviction of that person for a violation under subsection (2)
146may be seized and forfeited as provided by the Florida
147Contraband Forfeiture Act. This subsection shall only be
148applicable if the owner of the motor vehicle is the person
149charged with violation of subsection (2).
150     (8)(6)  This section does not apply to licensed or duly
151authorized racetracks, drag strips, or other designated areas
152set aside by proper authorities for such purposes.
153     (9)  If any provision of this section is deemed
154unconstitutional by any court, such unconstitutional provision
155shall be deemed severable and such determination shall not
156affect the enforceability of all remaining constitutional
157provisions of this section.
158     Section 3.  This act shall take effect October 1, 2009.


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