Florida Senate - 2022                                     SB 258
       
       
        
       By Senator Book
       
       
       
       
       
       32-00155-22                                            2022258__
    1                        A bill to be entitled                      
    2         An act relating to racing motor vehicles; reenacting
    3         and amending s. 316.191, F.S.; defining the term
    4         “organized ride”; revising the definition of the term
    5         “spectator”; revising prohibitions on persons driving
    6         motor vehicles in any race, speed competition or
    7         contest, drag race or acceleration contest, test of
    8         physical endurance, or exhibition of speed, a stunt,
    9         agility, or acceleration or for other specified
   10         purposes on any highway, roadway, or parking lot;
   11         prohibiting a person from coordinating via social
   12         media any such race, competition, contest, test, or
   13         exhibition; prohibiting a person from purposefully
   14         causing the movement of traffic, including pedestrian
   15         traffic, to slow, stop, or be impeded in any way for
   16         such race, competition, contest, test, or exhibition;
   17         prohibiting a person from operating a vehicle for the
   18         purpose of filming or recording activities of
   19         participants in any such race, competition, contest,
   20         test, or exhibition; prohibiting a person from
   21         operating a vehicle carrying any amount of fuel for
   22         the purposes of fueling a vehicle involved in any such
   23         race, competition, contest, test, or exhibition;
   24         prohibiting persons from operating a vehicle in a
   25         manner that would constitute participation in an
   26         organized ride; providing penalties; prohibiting a
   27         person from being a spectator at any such race,
   28         competition, contest, test, exhibition, or organized
   29         ride; providing penalties; amending s. 318.18, F.S.;
   30         conforming provisions to changes made by the act;
   31         reenacting ss. 316.027(2)(c), 322.0261(4)(a) and (b),
   32         and 901.15(9)(d), F.S., relating to a crash involving
   33         death or personal injuries, driver improvement
   34         courses, and when arrest by an officer without warrant
   35         is lawful, respectively, to incorporate the amendment
   36         made to s. 316.191, F.S., in references thereto;
   37         providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Section 316.191, Florida Statutes, is reenacted
   42  and amended to read:
   43         316.191 Racing on highways, roadways, or parking lots;
   44  organized rides.—
   45         (1) As used in this section, the term:
   46         (a) “Conviction” means a determination of guilt that is the
   47  result of a plea or trial, regardless of whether adjudication is
   48  withheld.
   49         (b) “Drag race” means the operation of two or more motor
   50  vehicles from a point side by side at accelerating speeds in a
   51  competitive attempt to outdistance each other, or the operation
   52  of one or more motor vehicles over a common selected course,
   53  from the same point to the same point, for the purpose of
   54  comparing the relative speeds or power of acceleration of such
   55  motor vehicle or motor vehicles within a certain distance or
   56  time limit.
   57         (c) “Organized ride” means the operation of more than three
   58  motor vehicles that cause the movement of traffic to slow or
   59  stop for any race, competition, contest, test, stunt, or
   60  exhibition of a vehicle’s performance capabilities or of a
   61  driver’s ability in violation of this section.
   62         (d) “Race” means the use of one or more motor vehicles in
   63  competition, arising from a challenge to demonstrate superiority
   64  of a motor vehicle or driver and the acceptance or competitive
   65  response to that challenge, either through a prior arrangement
   66  or in immediate response, in which the competitor attempts to
   67  outgain or outdistance another motor vehicle, to prevent another
   68  motor vehicle from passing, to arrive at a given destination
   69  ahead of another motor vehicle or motor vehicles, or to test the
   70  physical stamina or endurance of drivers over long-distance
   71  driving routes. A race may be prearranged or may occur through a
   72  competitive response to conduct on the part of one or more
   73  drivers which, under the totality of the circumstances, can
   74  reasonably be interpreted as a challenge to race.
   75         (e)(d) “Spectator” means any person who is knowingly
   76  present at and views a drag race, when such presence is the
   77  result of an affirmative choice to attend or participate in the
   78  race. For purposes of determining whether or not an individual
   79  is a spectator, finders of fact shall consider the relationship
   80  between the racer and the individual, evidence of gambling or
   81  betting on the outcome of the race, filming or recording the
   82  race, or posting on social media, and any other factor that
   83  would tend to show knowing attendance or participation.
   84         (2) A person may not:
   85         (a) Drive any motor vehicle, including any motorcycle,
   86  autocycle, moped, all-terrain vehicle, off-road vehicle, or
   87  vehicle not licensed to operate on a highway or roadway, in any
   88  race, speed competition or contest, drag race or acceleration
   89  contest, test of physical endurance, or exhibition of speed, a
   90  stunt, agility, or acceleration or for the purpose of making a
   91  speed record or exhibiting the vehicle’s performance
   92  capabilities and driver’s abilities on any highway, roadway, or
   93  parking lot;
   94         (b) In any manner participate in, coordinate through social
   95  media or otherwise, facilitate, or collect moneys at any
   96  location for any such race, competition, contest, test, or
   97  exhibition;
   98         (c) Knowingly ride as a passenger in any such race,
   99  competition, contest, test, or exhibition; or
  100         (d) Purposefully cause the movement of traffic, including
  101  pedestrian traffic, to slow, or stop, or be impeded in any way
  102  for any such race, competition, contest, test, or exhibition;
  103         (e)Operate a vehicle for the purpose of filming or
  104  recording the activities of participants in any such race,
  105  competition, contest, test, or exhibition;
  106         (f)Operate a vehicle carrying any amount of fuel for the
  107  purposes of fueling a vehicle involved in any such race,
  108  competition, contest, test, or exhibition; or
  109         (g)Operate a vehicle in a manner that would constitute
  110  participation in an organized ride.
  111         (3)(a) Any person who violates subsection (2) commits a
  112  misdemeanor of the first degree, punishable as provided in s.
  113  775.082 or s. 775.083. Any person who violates subsection (2)
  114  shall pay a fine of not less than $500 and not more than $1,000,
  115  and the department shall revoke the driver license of a person
  116  so convicted for 1 year. A hearing may be requested pursuant to
  117  s. 322.271.
  118         (b) Any person who commits a second violation of subsection
  119  (2) within 5 years after the date of a prior violation that
  120  resulted in a conviction for a violation of subsection (2)
  121  commits a misdemeanor of the first degree, punishable as
  122  provided in s. 775.082 or s. 775.083, and shall pay a fine of
  123  not less than $1,000 and not more than $3,000. The department
  124  shall also revoke the driver license of that person for 2 years.
  125  A hearing may be requested pursuant to s. 322.271.
  126         (c) Any person who commits a third or subsequent violation
  127  of subsection (2) within 5 years after the date of a prior
  128  violation that resulted in a conviction for a violation of
  129  subsection (2) commits a misdemeanor of the first degree,
  130  punishable as provided in s. 775.082 or s. 775.083, and shall
  131  pay a fine of not less than $2,000 and not more than $5,000. The
  132  department shall also revoke the driver license of that person
  133  for 4 years. A hearing may be requested pursuant to s. 322.271.
  134         (d) In any case charging a violation of subsection (2), the
  135  court shall be provided a copy of the driving record of the
  136  person charged and may obtain any records from any other source
  137  to determine if one or more prior convictions of the person for
  138  a violation of subsection (2) have occurred within 5 years prior
  139  to the charged offense.
  140         (4)(a) A person may not be a spectator at any race,
  141  competition, contest, test, exhibition, or organized ride drag
  142  race prohibited under subsection (2).
  143         (b) A person who violates paragraph (a) commits a
  144  noncriminal traffic infraction, punishable as a moving violation
  145  as provided in chapter 318.
  146         (5) Whenever a law enforcement officer has probable cause
  147  to believe that a person violated subsection (2), the officer
  148  may arrest and take such person into custody without a warrant.
  149  The court may enter an order of impoundment or immobilization as
  150  a condition of incarceration or probation. Within 7 business
  151  days after the date the court issues the order of impoundment or
  152  immobilization, the clerk of the court must send notice by
  153  certified mail, return receipt requested, to the registered
  154  owner of the motor vehicle, if the registered owner is a person
  155  other than the defendant, and to each person of record claiming
  156  a lien against the motor vehicle.
  157         (a) Notwithstanding any provision of law to the contrary,
  158  the impounding agency shall release a motor vehicle under the
  159  conditions provided in s. 316.193(6)(e), (f), (g), and (h), if
  160  the owner or agent presents a valid driver license at the time
  161  of pickup of the motor vehicle.
  162         (b) All costs and fees for the impoundment or
  163  immobilization, including the cost of notification, must be paid
  164  by the owner of the motor vehicle or, if the motor vehicle is
  165  leased or rented, by the person leasing or renting the motor
  166  vehicle, unless the impoundment or immobilization order is
  167  dismissed. All provisions of s. 713.78 shall apply.
  168         (c) Any motor vehicle used in violation of subsection (2)
  169  may be impounded for a period of 30 business days if a law
  170  enforcement officer has arrested and taken a person into custody
  171  pursuant to this subsection and the person being arrested is the
  172  registered owner or co-owner of the motor vehicle. If the
  173  arresting officer finds that the criteria of this paragraph are
  174  met, the officer may immediately impound the motor vehicle. The
  175  law enforcement officer shall notify the Department of Highway
  176  Safety and Motor Vehicles of any impoundment for violation of
  177  this subsection in accordance with procedures established by the
  178  department. Paragraphs (a) and (b) shall be applicable to such
  179  impoundment.
  180         (6) Any motor vehicle used in violation of subsection (2)
  181  by any person within 5 years after the date of a prior
  182  conviction of that person for a violation under subsection (2)
  183  may be seized and forfeited as provided by the Florida
  184  Contraband Forfeiture Act. This subsection shall only be
  185  applicable if the owner of the motor vehicle is the person
  186  charged with violating subsection (2).
  187         (7) This section does not apply to licensed or duly
  188  authorized racetracks, drag strips, or other designated areas
  189  set aside by proper authorities for such purposes.
  190         Section 2. Subsection (20) of section 318.18, Florida
  191  Statutes, is amended to read:
  192         318.18 Amount of penalties.—The penalties required for a
  193  noncriminal disposition pursuant to s. 318.14 or a criminal
  194  offense listed in s. 318.17 are as follows:
  195         (20) In addition to any other penalty, $65 for a violation
  196  of s. 316.191, prohibiting racing on highways, roadways, or
  197  parking lots and prohibiting organized rides or s. 316.192,
  198  prohibiting reckless driving. The additional $65 collected under
  199  this subsection shall be remitted to the Department of Revenue
  200  for deposit into the Emergency Medical Services Trust Fund of
  201  the Department of Health to be used as provided in s. 395.4036.
  202         Section 3. For the purpose of incorporating the amendment
  203  made by this act to section 316.191, Florida Statutes, in a
  204  reference thereto, paragraph (c) of subsection (2) of section
  205  316.027, Florida Statutes, is reenacted to read:
  206         316.027 Crash involving death or personal injuries.—
  207         (2)
  208         (c) The driver of a vehicle involved in a crash occurring
  209  on public or private property which results in the death of a
  210  person shall immediately stop the vehicle at the scene of the
  211  crash, or as close thereto as possible, and shall remain at the
  212  scene of the crash until he or she has fulfilled the
  213  requirements of s. 316.062. A person who is arrested for a
  214  violation of this paragraph and who has previously been
  215  convicted of a violation of this section, s. 316.061, s.
  216  316.191, or s. 316.193, or a felony violation of s. 322.34,
  217  shall be held in custody until brought before the court for
  218  admittance to bail in accordance with chapter 903. A person who
  219  willfully violates this paragraph commits a felony of the first
  220  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  221  775.084, and shall be sentenced to a mandatory minimum term of
  222  imprisonment of 4 years. A person who willfully commits such a
  223  violation while driving under the influence as set forth in s.
  224  316.193(1) shall be sentenced to a mandatory minimum term of
  225  imprisonment of 4 years.
  226         Section 4. For the purpose of incorporating the amendment
  227  made by this act to section 316.191, Florida Statutes, in
  228  references thereto, paragraphs (a) and (b) of subsection (4) of
  229  section 322.0261, Florida Statutes, are reenacted to read:
  230         322.0261 Driver improvement course; requirement to maintain
  231  driving privileges; failure to complete; department approval of
  232  course.—
  233         (4)(a) The department shall identify any operator convicted
  234  of, or who pleaded nolo contendere to, a violation of s.
  235  316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s.
  236  316.192 and shall require that operator, in addition to other
  237  applicable penalties, to attend a department-approved driver
  238  improvement course in order to maintain driving privileges. The
  239  department shall, within 10 days after receiving a notice of
  240  judicial disposition, send notice to the operator of the
  241  requirement to attend a driver improvement course. If the
  242  operator fails to complete the course within 90 days after
  243  receiving notice from the department, the operator’s driver
  244  license shall be canceled by the department until the course is
  245  successfully completed.
  246         (b) Any operator who receives a traffic citation for a
  247  violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or
  248  s. 316.192, for which the court withholds adjudication, is not
  249  required to attend a driver improvement course, unless the court
  250  finds that the nature or severity of the violation is such that
  251  attendance to a driver improvement course is necessary. The
  252  department shall, within 10 days after receiving a notice of
  253  judicial disposition, send notice to the operator of the
  254  requirement to attend a driver improvement course. If the
  255  operator fails to complete the course within 90 days after
  256  receiving notice from the department, the operator’s driver
  257  license shall be canceled by the department until the course is
  258  successfully completed.
  259         Section 5. For the purpose of incorporating the amendment
  260  made by this act to section 316.191, Florida Statutes, in a
  261  reference thereto, paragraph (d) of subsection (9) of section
  262  901.15, Florida Statutes, is reenacted to read:
  263         901.15 When arrest by officer without warrant is lawful.—A
  264  law enforcement officer may arrest a person without a warrant
  265  when:
  266         (9) There is probable cause to believe that the person has
  267  committed:
  268         (d) A racing violation as described in s. 316.191(2).
  269         Section 6. This act shall take effect July 1, 2022.