Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 116
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/23/2019           .                                

       The Committee on Rules (Stewart) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (5) of section 316.191, Florida
    6  Statutes, is amended to read:
    7         316.191 Racing on highways.—
    8         (5) Whenever a law enforcement officer has probable cause
    9  to believe determines that a person violated subsection (2) was
   10  engaged in a drag race or race, as described in subsection (1),
   11  the officer may immediately arrest and take such person into
   12  custody, without a warrant. The court may enter an order of
   13  impoundment or immobilization as a condition of incarceration or
   14  probation. Within 7 business days after the date the court
   15  issues the order of impoundment or immobilization, the clerk of
   16  the court must send notice by certified mail, return receipt
   17  requested, to the registered owner of the motor vehicle, if the
   18  registered owner is a person other than the defendant, and to
   19  each person of record claiming a lien against the motor vehicle.
   20         (a) Notwithstanding any provision of law to the contrary,
   21  the impounding agency shall release a motor vehicle under the
   22  conditions provided in s. 316.193(6)(e), (f), (g), and (h), if
   23  the owner or agent presents a valid driver license at the time
   24  of pickup of the motor vehicle.
   25         (b) All costs and fees for the impoundment or
   26  immobilization, including the cost of notification, must be paid
   27  by the owner of the motor vehicle or, if the motor vehicle is
   28  leased or rented, by the person leasing or renting the motor
   29  vehicle, unless the impoundment or immobilization order is
   30  dismissed. All provisions of s. 713.78 shall apply.
   31         (c) Any motor vehicle used in violation of subsection (2)
   32  may be impounded for a period of 30 business days if a law
   33  enforcement officer has arrested and taken a person into custody
   34  pursuant to this subsection and the person being arrested is the
   35  registered owner or coowner of the motor vehicle. If the
   36  arresting officer finds that the criteria of this paragraph are
   37  met, the officer may immediately impound the motor vehicle. The
   38  law enforcement officer shall notify the Department of Highway
   39  Safety and Motor Vehicles of any impoundment for violation of
   40  this subsection in accordance with procedures established by the
   41  department. Paragraphs (a) and (b) shall be applicable to such
   42  impoundment.
   43         Section 2. Paragraph (d) is added to subsection (9) of
   44  section 901.15, Florida Statutes, to read:
   45         901.15 When arrest by officer without warrant is lawful.—A
   46  law enforcement officer may arrest a person without a warrant
   47  when:
   48         (9) There is probable cause to believe that the person has
   49  committed:
   50         (d)A racing violation as described in s. 316.191(2).
   51         Section 3. This act shall take effect July 1, 2019.
   53  ================= T I T L E  A M E N D M E N T ================
   54  And the title is amended as follows:
   55         Delete everything before the enacting clause
   56  and insert:
   57                        A bill to be entitled                      
   58         An act relating to motor vehicle racing; amending s.
   59         316.191, F.S.; authorizing a law enforcement officer
   60         to arrest a person without a warrant upon probable
   61         cause that the person committed a criminal racing
   62         violation; amending s. 901.15, F.S.; authorizing a law
   63         enforcement officer to arrest a person without a
   64         warrant upon probable cause that the person committed
   65         a criminal racing violation; providing an effective
   66         date.