1 | A bill to be entitled |
2 | An act relating to street racing; creating the "Luis |
3 | Rivera Ortega Street Racing Act"; amending s. 316.191, |
4 | F.S.; revising provisions prohibiting certain speed |
5 | competitions and exhibitions; prohibiting driving in any |
6 | race, drag race, or exhibition of speed or acceleration; |
7 | prohibiting specified activities involving such races, |
8 | drag races, and exhibitions; providing criminal and |
9 | noncriminal penalties; providing for revocation of the |
10 | driver license upon conviction; providing penalties for a |
11 | second or subsequent offense; requiring that the driving |
12 | record of a person charged be provided to the court; |
13 | providing criteria for arrest; revising provisions for |
14 | impounding a motor vehicle used in a violation; providing |
15 | for severability; providing an effective date. |
16 |
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17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
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19 | Section 1. This act may be cited as the "Luis Rivera |
20 | Ortega Street Racing Act." |
21 | Section 2. Section 316.191, Florida Statutes, is amended |
22 | to 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 |
26 | the result of a plea or trial, regardless of whether |
27 | adjudication is withheld. |
28 | (b) "Drag race" means the operation of two or more motor |
29 | vehicles from a point side by side at accelerating speeds in a |
30 | competitive attempt to outdistance each other, or the operation |
31 | of one or more motor vehicles over a common selected course, |
32 | from the same point to the same point, for the purpose of |
33 | comparing the relative speeds or power of acceleration of such |
34 | motor vehicle or motor vehicles within a certain distance or |
35 | time limit. |
36 | (c) "Racing" means the use of one or more motor vehicles |
37 | in an attempt to outgain or outdistance another motor vehicle, |
38 | to prevent another motor vehicle from passing, to arrive at a |
39 | given destination ahead of another motor vehicle or motor |
40 | vehicles, or to test the physical stamina or endurance of |
41 | drivers over long-distance driving routes. |
42 | (d) "Spectator" means any person who is knowingly present |
43 | at and views a drag race, when such presence is the result of an |
44 | affirmative choice to attend or participate in the race. For |
45 | purposes of determining whether or not an individual is a |
46 | spectator, finders of fact shall consider the relationship |
47 | between the racer and the individual, evidence of gambling or |
48 | betting on the outcome of the race, and any other factor that |
49 | would tend to show knowing attendance or participation. |
50 | (2)(a) A person operating or in actual physical control of |
51 | a motor vehicle, including any motorcycle, on any street or |
52 | highway or public parking lot may not drive in any: |
53 | 1. Race; Drive any motor vehicle, including any |
54 | motorcycle, in any race, speed competition or contest, |
55 | 2. Drag race; or acceleration contest, test of physical |
56 | endurance, or |
57 | 3. Exhibition of speed or acceleration. or for the purpose |
58 | of making a speed record on any highway, roadway, or parking |
59 | lot; |
60 | (b) A person may not: |
61 | 1.2. In any manner participate in, coordinate, facilitate, |
62 | or collect moneys at any location for any such race, drag race |
63 | competition, contest, test, or exhibition prohibited under |
64 | paragraph (a); |
65 | 2.3. Knowingly ride as a passenger in any such race, drag |
66 | race competition, contest, test, or exhibition prohibited under |
67 | paragraph (a); or |
68 | 3.4. Purposefully cause the movement of traffic to slow or |
69 | stop for any such race, drag race competition, contest, test, or |
70 | exhibition 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 |
73 | degree, punishable as provided in s. 775.082 or s. 775.083. Any |
74 | person who violates any provision of subsection (2) this |
75 | paragraph shall pay a fine of not less than $250 $500 and not |
76 | more than $500 $1,000, and the department shall revoke the |
77 | driver license of a person so convicted for 2 years regardless |
78 | of whether or not adjudication is withheld 1 year. A hearing may |
79 | be requested pursuant to s. 322.271. |
80 | (b) Any person who commits a second violation of any |
81 | provision of violates paragraph (2)(a) within 5 years after the |
82 | date of a prior violation that resulted in a conviction for a |
83 | violation of paragraph (2)(a) this subsection commits a |
84 | misdemeanor of the first degree, punishable as provided in s. |
85 | 775.082 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 |
87 | the driver license of that person for 3 2 years. A hearing may |
88 | be requested pursuant to s. 322.271. |
89 | (c) Any person who commits a third violation of any |
90 | provision of paragraph (2)(a) within 10 years after a prior |
91 | conviction for a violation of paragraph (2)(a) commits a felony |
92 | of the third degree, punishable as provided in s. 775.082, s. |
93 | 775.083, 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 |
95 | revoke the driver's license of that person for 5 years. A |
96 | hearing 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 |
99 | of the person charged and may obtain any records from any other |
100 | source to determine if one or more prior convictions of the |
101 | person for violation of paragraph (2)(a) have occurred within 5 |
102 | years prior to the charged offense. |
103 | (5)(3)(a) A person may not be a spectator at any drag race |
104 | prohibited under subsection (2). |
105 | (b) A person who violates the provisions of paragraph (a) |
106 | commits a noncriminal traffic infraction, punishable as a moving |
107 | violation as provided in chapter 318. |
108 | (6)(4) Whenever a law enforcement officer determines that |
109 | a person has committed a violation of subsection (2) was engaged |
110 | in a drag race or race, as described in subsection (1), the |
111 | officer may immediately arrest and take such person into |
112 | custody. The court may enter an order of impoundment or |
113 | immobilization as a condition of incarceration or probation. |
114 | Within 7 business days after the date the court issues the order |
115 | of impoundment or immobilization, the clerk of the court must |
116 | send notice by certified mail, return receipt requested, to the |
117 | registered owner of the motor vehicle, if the registered owner |
118 | is a person other than the defendant, and to each person of |
119 | record claiming a lien against the motor vehicle. |
120 | (a) Notwithstanding any provision of law to the contrary, |
121 | the impounding agency shall release a motor vehicle under the |
122 | conditions provided in s. 316.193(6)(e) and, (f), (g), and (h), |
123 | if the owner or agent presents a valid driver license at the |
124 | time of pickup of the motor vehicle. |
125 | (b) All costs and fees for the impoundment or |
126 | immobilization, including the cost of notification, must be paid |
127 | by the owner of the motor vehicle or, if the motor vehicle is |
128 | leased or rented, by the person leasing or renting the motor |
129 | vehicle, unless the impoundment or immobilization order is |
130 | dismissed. All provisions of s. 713.78 shall apply. |
131 | (c) Any motor vehicle used in violation of subsection (2) |
132 | may be impounded for a period of 30 10 business days if a law |
133 | enforcement officer has arrested and taken a person into custody |
134 | pursuant to this subsection and the person being arrested is the |
135 | registered owner or coowner of the motor vehicle. If the |
136 | arresting officer finds that the criteria of this paragraph are |
137 | met, the officer may immediately impound the motor vehicle. The |
138 | law enforcement officer shall notify the Department of Highway |
139 | Safety and Motor Vehicles of any impoundment for violation of |
140 | this subsection in accordance with procedures established by the |
141 | department. The provisions of paragraphs (a) and (b) shall be |
142 | applicable 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 |
145 | conviction of that person for a violation under subsection (2) |
146 | may be seized and forfeited as provided by the Florida |
147 | Contraband Forfeiture Act. This subsection shall only be |
148 | applicable if the owner of the motor vehicle is the person |
149 | charged with violation of subsection (2). |
150 | (8)(6) This section does not apply to licensed or duly |
151 | authorized racetracks, drag strips, or other designated areas |
152 | set aside by proper authorities for such purposes. |
153 | (9) If any provision of this section is deemed |
154 | unconstitutional by any court, such unconstitutional provision |
155 | shall be deemed severable and such determination shall not |
156 | affect the enforceability of all remaining constitutional |
157 | provisions of this section. |
158 | Section 3. This act shall take effect October 1, 2009. |