Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1764
Ì5513560Î551356
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/07/2024 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Transportation (Pizzo) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 29 - 117
4 and insert:
5 Section 1. Present paragraphs (b) through (k) of subsection
6 (1) of section 316.191, Florida Statutes, are redesignated as
7 paragraphs (c) through (l), respectively, a new paragraph (b) is
8 added to that subsection, subsection (3), paragraph (b) of
9 subsection (4), and paragraph (c) of subsection (5) of that
10 section are amended, and subsection (2) and paragraph (a) of
11 subsection (4) of that section are republished, to read:
12 316.191 Racing on highways, street takeovers, and stunt
13 driving.—
14 (1) As used in this section, the term:
15 (b) “Coordinated street takeover” means 10 or more vehicles
16 operated in an organized manner to effect a street takeover.
17 (2) A person may not:
18 (a) Drive any motor vehicle in any street takeover, stunt
19 driving, race, speed competition or contest, drag race or
20 acceleration contest, test of physical endurance, or exhibition
21 of speed or acceleration or for the purpose of making a speed
22 record on any highway, roadway, or parking lot;
23 (b) In any manner participate in, coordinate through social
24 media or otherwise, facilitate, or collect moneys at any
25 location for any such race, drag race, street takeover, stunt
26 driving, competition, contest, test, or exhibition;
27 (c) Knowingly ride as a passenger in any such race, drag
28 race, street takeover, stunt driving, competition, contest,
29 test, or exhibition;
30 (d) Purposefully cause the movement of traffic, including
31 pedestrian traffic, to slow, stop, or be impeded in any way for
32 any such race, drag race, street takeover, stunt driving,
33 competition, contest, test, or exhibition;
34 (e) Operate a motor vehicle for the purpose of filming or
35 recording the activities of participants in any such race, drag
36 race, street takeover, stunt driving, competition, contest,
37 test, or exhibition. This paragraph does not apply to bona fide
38 members of the news media; or
39 (f) Operate a motor vehicle carrying any amount of fuel for
40 the purposes of fueling a motor vehicle involved in any such
41 race, drag race, street takeover, stunt driving, competition,
42 contest, test, or exhibition.
43 (3)(a) Any person who violates subsection (2) commits a
44 misdemeanor of the first degree, punishable as provided in s.
45 775.082 or s. 775.083. Any person who violates subsection (2)
46 shall pay a fine of not less than $500 and not more than $2,000
47 $1,000, and the department shall revoke the driver license of a
48 person so convicted for 1 year. A hearing may be requested
49 pursuant to s. 322.271.
50 (b) Any person who commits a second violation of subsection
51 (2) within 1 year 5 years after the date of a prior violation
52 that resulted in a conviction for a violation of subsection (2)
53 commits a felony of the third degree misdemeanor of the first
54 degree, punishable as provided in s. 775.082, or s. 775.083, or
55 s. 775.084, and shall pay a fine of not less than $2,500 $1,000
56 and not more than $4,000 $3,000. The department shall also
57 revoke the driver license of that person for 2 years. A hearing
58 may be requested pursuant to s. 322.271.
59 (c) Any person who violates subsection (2) and, in the
60 course of committing the offense, knowingly impedes, obstructs,
61 or interferes with an authorized emergency vehicle as defined in
62 s. 316.003(1) which is on call and responding to an emergency
63 other than a violation of this section, commits a felony of the
64 third degree, punishable as provided in paragraph (b).
65 (d) Any person who commits a second or subsequent violation
66 of paragraph (c) commits a felony of the second degree,
67 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
68 The department shall also revoke the driver license of that
69 person for 4 years. A hearing may be requested pursuant to s.
70 322.271.
71 (e) Any person who commits a third or subsequent violation
72 of subsection (2) within 5 years after the date of a prior
73 violation that resulted in a conviction for a violation of
74 subsection (2) commits a felony misdemeanor of the second first
75 degree, punishable as provided in s. 775.082, or s. 775.083, or
76 s. 775.084, and shall pay a fine of not less than $3,500 $2,000
77 and not more than $7,500 $5,000. The department shall also
78 revoke the driver license of that person for 4 years. A hearing
79 may be requested pursuant to s. 322.271.
80 (f) Any person who violates paragraphs (2)(a), (d), (e), or
81 (f) while engaged in a coordinated street takeover commits a
82 felony of the third degree, punishable as provided in s. 775.082
83 or s. 775.083, and shall pay a fine of not less than $2,500 and
84 not more than $4,000. Pursuant to the Florida Contraband
85 Forfeiture Act, the arresting law enforcement agency may move to
86 seize any vehicle used in the violation of paragraph (d). The
87 department shall also revoke the driver license of that person
88 for 2 years. A hearing may be requested pursuant to s. 322.271.
89 (g)(d) In any case charging a violation of subsection (2),
90 the court shall be provided a copy of the driving record of the
91 person charged and may obtain any records from any other source
92 to determine if one or more prior convictions of the person for
93 a violation of subsection (2) have occurred within a specified
94 period 5 years before the charged offense.
95 (4)(a) A person may not be a spectator at any race, drag
96 race, or street takeover prohibited under subsection (2).
97 (b) A person who violates paragraph (a) commits a
98 noncriminal traffic infraction, punishable by a fine of $400 as
99 a moving violation as provided in chapter 318.
100 ================= T I T L E A M E N D M E N T ================
101 And the title is amended as follows:
102 Delete lines 3 - 21
103 and insert:
104 316.191, F.S.; defining the term “coordinated street
105 takeover”; increasing the maximum fine for violations
106 of prohibitions against drag race, street takeover,
107 stunt driving, competition, contest, test, or
108 exhibitions; revising applicability of the penalty for
109 second violations of prohibitions against drag race,
110 street takeover, stunt driving, competition, contest,
111 test, or exhibition; increasing the fine for any such
112 violations; providing penalties for knowingly
113 impeding, obstructing, or interfering with an
114 authorized emergency vehicle that is on call or
115 responding to an emergency while participating in a
116 drag race, street takeover, stunt driving,
117 competition, contest, test, or exhibition; revising
118 applicability of the penalty for third or subsequent
119 violations of prohibitions against