| 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 penalties for violating provisions |
| 5 | prohibiting certain speed competitions and exhibitions; |
| 6 | providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. This act may be cited as the "Luis Rivera |
| 11 | Ortega Street Racing Act." |
| 12 | Section 2. Section 316.191, Florida Statutes, is amended |
| 13 | to read: |
| 14 | 316.191 Racing on highways.- |
| 15 | (1) As used in this section, the term: |
| 16 | (a) "Conviction" means a determination of guilt that is |
| 17 | the result of a plea or trial, regardless of whether |
| 18 | adjudication is withheld. |
| 19 | (b) "Drag race" means the operation of two or more motor |
| 20 | vehicles from a point side by side at accelerating speeds in a |
| 21 | competitive attempt to outdistance each other, or the operation |
| 22 | of one or more motor vehicles over a common selected course, |
| 23 | from the same point to the same point, for the purpose of |
| 24 | comparing the relative speeds or power of acceleration of such |
| 25 | motor vehicle or motor vehicles within a certain distance or |
| 26 | time limit. |
| 27 | (c) "Race" means the use of one or more motor vehicles in |
| 28 | competition, arising from a challenge to demonstrate superiority |
| 29 | of a motor vehicle or driver and the acceptance or competitive |
| 30 | response to that challenge, either through a prior arrangement |
| 31 | or in immediate response, in which the competitor attempts to |
| 32 | outgain or outdistance another motor vehicle, to prevent another |
| 33 | motor vehicle from passing, to arrive at a given destination |
| 34 | ahead of another motor vehicle or motor vehicles, or to test the |
| 35 | physical stamina or endurance of drivers over long-distance |
| 36 | driving routes. A race may be prearranged or may occur through a |
| 37 | competitive response to conduct on the part of one or more |
| 38 | drivers which, under the totality of the circumstances, can |
| 39 | reasonably be interpreted as a challenge to race. |
| 40 | (d) "Spectator" means any person who is knowingly present |
| 41 | at and views a drag race, when such presence is the result of an |
| 42 | affirmative choice to attend or participate in the race. For |
| 43 | purposes of determining whether or not an individual is a |
| 44 | spectator, finders of fact shall consider the relationship |
| 45 | between the racer and the individual, evidence of gambling or |
| 46 | betting on the outcome of the race, and any other factor that |
| 47 | would tend to show knowing attendance or participation. |
| 48 | (2)(a) A person may not: |
| 49 | (a)1. Drive any motor vehicle, including any motorcycle, |
| 50 | in any race, speed competition or contest, drag race or |
| 51 | acceleration contest, test of physical endurance, or exhibition |
| 52 | of speed or acceleration or for the purpose of making a speed |
| 53 | record on any highway, roadway, or parking lot; |
| 54 | (b)2. In any manner participate in, coordinate, |
| 55 | facilitate, or collect moneys at any location for any such race, |
| 56 | competition, contest, test, or exhibition; |
| 57 | (c)3. Knowingly ride as a passenger in any such race, |
| 58 | competition, contest, test, or exhibition; or |
| 59 | (d)4. Purposefully cause the movement of traffic to slow |
| 60 | or stop for any such race, competition, contest, test, or |
| 61 | exhibition. |
| 62 | (3)(a) Any person who violates subsection (2) any |
| 63 | provision of this paragraph commits a misdemeanor of the first |
| 64 | degree, punishable as provided in s. 775.082 or s. 775.083. Any |
| 65 | person who violates subsection (2) any provision of this |
| 66 | paragraph shall pay a fine of not less than $500 and not more |
| 67 | than $1,000, and the department shall revoke the driver license |
| 68 | of a person so convicted for 1 year. A hearing may be requested |
| 69 | pursuant to s. 322.271. |
| 70 | (b) Any person who commits a second violation of |
| 71 | subsection (2) violates paragraph (a) within 5 years after the |
| 72 | date of a prior violation that resulted in a conviction for a |
| 73 | violation of subsection (2) this subsection commits a |
| 74 | misdemeanor of the first degree, punishable as provided in s. |
| 75 | 775.082 or s. 775.083, and shall pay a fine of not less than |
| 76 | $1,000 $500 and not more than $3,000 $1,000. The department |
| 77 | shall also revoke the driver license of that person for 2 years. |
| 78 | A hearing may be requested pursuant to s. 322.271. |
| 79 | (c) Any person who commits a third or subsequent violation |
| 80 | of subsection (2) within 5 years after the date of a prior |
| 81 | violation that resulted in a conviction for a violation of |
| 82 | subsection (2) commits a misdemeanor of the first degree, |
| 83 | punishable as provided in s. 775.082 or s. 775.083, and shall |
| 84 | pay a fine of not less than $2,000 and not more than $5,000. The |
| 85 | department shall also revoke the driver license of that person |
| 86 | for 4 years. A hearing may be requested pursuant to s. 322.271. |
| 87 | (d)(c) In any case charging a violation of subsection (2) |
| 88 | paragraph (a), the court shall be provided a copy of the driving |
| 89 | record of the person charged and may obtain any records from any |
| 90 | other source to determine if one or more prior convictions of |
| 91 | the person for a violation of subsection (2) paragraph (a) have |
| 92 | occurred within 5 years prior to the charged offense. |
| 93 | (4)(3)(a) A person may not be a spectator at any drag race |
| 94 | prohibited under subsection (2). |
| 95 | (b) A person who violates the provisions of paragraph (a) |
| 96 | commits a noncriminal traffic infraction, punishable as a moving |
| 97 | violation as provided in chapter 318. |
| 98 | (5)(4) Whenever a law enforcement officer determines that |
| 99 | a person was engaged in a drag race or race, as described in |
| 100 | subsection (1), the officer may immediately arrest and take such |
| 101 | person into custody. The court may enter an order of impoundment |
| 102 | or immobilization as a condition of incarceration or probation. |
| 103 | Within 7 business days after the date the court issues the order |
| 104 | of impoundment or immobilization, the clerk of the court must |
| 105 | send notice by certified mail, return receipt requested, to the |
| 106 | registered owner of the motor vehicle, if the registered owner |
| 107 | is a person other than the defendant, and to each person of |
| 108 | record claiming a lien against the motor vehicle. |
| 109 | (a) Notwithstanding any provision of law to the contrary, |
| 110 | the impounding agency shall release a motor vehicle under the |
| 111 | conditions provided in s. 316.193(6)(e), (f), (g), and (h), if |
| 112 | the owner or agent presents a valid driver license at the time |
| 113 | of pickup of the motor vehicle. |
| 114 | (b) All costs and fees for the impoundment or |
| 115 | immobilization, including the cost of notification, must be paid |
| 116 | by the owner of the motor vehicle or, if the motor vehicle is |
| 117 | leased or rented, by the person leasing or renting the motor |
| 118 | vehicle, unless the impoundment or immobilization order is |
| 119 | dismissed. All provisions of s. 713.78 shall apply. |
| 120 | (c) Any motor vehicle used in violation of subsection (2) |
| 121 | may be impounded for a period of 30 business days if a law |
| 122 | enforcement officer has arrested and taken a person into custody |
| 123 | pursuant to this subsection and the person being arrested is the |
| 124 | registered owner or coowner of the motor vehicle. If the |
| 125 | arresting officer finds that the criteria of this paragraph are |
| 126 | met, the officer may immediately impound the motor vehicle. The |
| 127 | law enforcement officer shall notify the Department of Highway |
| 128 | Safety and Motor Vehicles of any impoundment for violation of |
| 129 | this subsection in accordance with procedures established by the |
| 130 | department. The provisions of Paragraphs (a) and (b) shall be |
| 131 | applicable to such impoundment. |
| 132 | (6)(5) Any motor vehicle used in violation of subsection |
| 133 | (2) by any person within 5 years after the date of a prior |
| 134 | conviction of that person for a violation under subsection (2) |
| 135 | may be seized and forfeited as provided by the Florida |
| 136 | Contraband Forfeiture Act. This subsection shall only be |
| 137 | applicable if the owner of the motor vehicle is the person |
| 138 | charged with violating violation of subsection (2). |
| 139 | (7)(6) This section does not apply to licensed or duly |
| 140 | authorized racetracks, drag strips, or other designated areas |
| 141 | set aside by proper authorities for such purposes. |
| 142 | Section 3. This act shall take effect October 1, 2010. |