| 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. |