Florida Senate - 2019                              CS for SB 116
       
       
        
       By the Committee on Rules; and Senator Stewart
       
       
       
       
       
       595-04818-19                                           2019116c1
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle racing; amending s.
    3         316.191, F.S.; authorizing a law enforcement officer
    4         to arrest a person without a warrant upon probable
    5         cause that the person committed a criminal racing
    6         violation; amending s. 901.15, F.S.; authorizing a law
    7         enforcement officer to arrest a person without a
    8         warrant upon probable cause that the person committed
    9         a criminal racing violation; providing an effective
   10         date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (5) of section 316.191, Florida
   15  Statutes, is amended to read:
   16         316.191 Racing on highways.—
   17         (5) Whenever a law enforcement officer has probable cause
   18  to believe determines that a person violated subsection (2) was
   19  engaged in a drag race or race, as described in subsection (1),
   20  the officer may immediately arrest and take such person into
   21  custody, without a warrant. The court may enter an order of
   22  impoundment or immobilization as a condition of incarceration or
   23  probation. Within 7 business days after the date the court
   24  issues the order of impoundment or immobilization, the clerk of
   25  the court must send notice by certified mail, return receipt
   26  requested, to the registered owner of the motor vehicle, if the
   27  registered owner is a person other than the defendant, and to
   28  each person of record claiming a lien against the motor vehicle.
   29         (a) Notwithstanding any provision of law to the contrary,
   30  the impounding agency shall release a motor vehicle under the
   31  conditions provided in s. 316.193(6)(e), (f), (g), and (h), if
   32  the owner or agent presents a valid driver license at the time
   33  of pickup of the motor vehicle.
   34         (b) All costs and fees for the impoundment or
   35  immobilization, including the cost of notification, must be paid
   36  by the owner of the motor vehicle or, if the motor vehicle is
   37  leased or rented, by the person leasing or renting the motor
   38  vehicle, unless the impoundment or immobilization order is
   39  dismissed. All provisions of s. 713.78 shall apply.
   40         (c) Any motor vehicle used in violation of subsection (2)
   41  may be impounded for a period of 30 business days if a law
   42  enforcement officer has arrested and taken a person into custody
   43  pursuant to this subsection and the person being arrested is the
   44  registered owner or coowner of the motor vehicle. If the
   45  arresting officer finds that the criteria of this paragraph are
   46  met, the officer may immediately impound the motor vehicle. The
   47  law enforcement officer shall notify the Department of Highway
   48  Safety and Motor Vehicles of any impoundment for violation of
   49  this subsection in accordance with procedures established by the
   50  department. Paragraphs (a) and (b) shall be applicable to such
   51  impoundment.
   52         Section 2. Paragraph (d) is added to subsection (9) of
   53  section 901.15, Florida Statutes, to read:
   54         901.15 When arrest by officer without warrant is lawful.—A
   55  law enforcement officer may arrest a person without a warrant
   56  when:
   57         (9) There is probable cause to believe that the person has
   58  committed:
   59         (d) A racing violation as described in s. 316.191(2).
   60         Section 3. This act shall take effect July 1, 2019.