The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 1764
INTRODUCER: Transportation Committee and Senator Pizzo
SUBJECT: Car Racing Penalties
DATE: February 23, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Shutes Vickers TR Fav/CS
2. Shutes Twogood RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1764 makes numerous changes to s. 316.191, F.S., related to racing on highways, street
takeovers, and stunt driving. Specifically, the bill:
 Defines the term “Coordinated street takeover” to mean 10 or more vehicles operated in an
organized manner to effect a street takeover.
 Increases the fine for a violation of s. 316.191(2), F.S., (participating in a prohibited activity)
from $500 to $1,000, to $500 to $2,000.
 Decreases the time period during which a second violation of s. 316.191(2), F.S., will result
in an enhanced penalty, from within five years after the date of a prior violation that resulted
in conviction, to within one year of such violation; and
o Increases the penalty for such a violation from a first degree misdemeanor to a third
degree felony.
o Increases the fine for such a violation from $1,000 to $3,000, to $2,500 to $4,000.
 Increases the penalty for a third or subsequent violation of s. 316.191(2), F.S., within five
years after the date of a prior violation that resulted in a conviction, from a first degree
misdemeanor to a second degree felony, and increases the fine from $2,000 to $5,000, to
$3,500 to $7,500.
 Creates a third degree felony for any person who violates s. 316.191(2), F.S., and, in the
course of committing the offense, knowingly impedes, obstructs, or interferes with an
authorized emergency vehicle, which is on call and responding to an emergency. A second or
subsequent violation of this provision is punishable as a second degree felony. Additionally,
the arresting law enforcement agency is authorized to seize any vehicle used in violation of
this provision.
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 Any person who violates specified provisions of s. 316.191(2), F.S., while engaged in a
coordinated street takeover commits a third degree felony, and is subject to a fine of not less
than $2,500 and not more than $4,000.
 Increases the fine for being a spectator at a prohibited activity from $65 to $400.
The bill may have an indeterminate impact on the jail and prison bed population by increasing
the penalty for specified racing offenses from a misdemeanor to a felony, and by creating a new
felony racing offense if a person knowingly impedes, obstructs, or interferes with an authorized
emergency vehicle. The bill may have an indeterminate positive impact on state and local
revenues by increasing fines relating to specified racing and spectator offenses.
The bill takes effect July 1, 2024.
II. Present Situation:
Street Racing
Street-racing involves cars, motorcycles, and other motor vehicles engaging in prearranged or
spontaneous competitions on roadways. The practice endangers participants, bystanders, and
property. In addition to street-racing, another dangerous activity which has recently grown in
popularity across the country is known as a “street takeover.”1 Street takeovers occur when large
numbers of cars and occupants gather at a predetermined site, typically a large intersection.
Vehicles are then parked in a manner which blocks the intersection to make a space for other
cars to perform donuts, drifting, burn-outs and other dangerous vehicular maneuvers.2
Due to the large size of these gatherings, law enforcement may experience difficultly responding
to and controlling these events because of the time it takes to assemble appropriate law
enforcement resources to address the crowd. Typically, by the time law enforcement presence is
detected, the vehicles participating in the street takeover flee the location, along with the many
bystanders who were present to watch the cars.3
In Jacksonville, street takeover participants acknowledged that their meet-ups have anywhere
from 300 to thousands of people in attendance,4 and residents nearby indicate that these events
are dangerous and often continue until well past midnight.5 In 2023, the Orange County Sheriff's
1
Erin Myers, Car that crashed into Van Nuys building, killing 1, was being followed by police after doing donuts in street
takeover (October 25, 2021), ktla.com, https://ktla.com/news/local-news/car-that-crashed-into-van-nuys-building-killing-1-
was-being-followed-by-police-after-doing-donuts-in-street-takeover/ (last visited Jan. 25, 2024).
2
Elizabeth Fuller, What’s a Street “Takeover” and Why Should You Be Concerned?, Larchmont Buzz (Sept. 21, 2020),
https://www.larchmontbuzz.com/featured-stories-larchmont-village/whats-a-street-takeover-and-why-you-should-be-
concerned/ (last visited Jan. 25, 2024).
3
Thom Taylor, Street Takeovers Are Turning More Deadly, MotorBiscuit (Nov. 15, 2021),
https://www.motorbiscuit.com/street-takeovers-turning-more-deadly/ (last visited Jan. 25, 2024).
4
Corley Peel, I-TEAM: Local car group speaks following street takeover complaints, News4Jax (Jan. 17, 2022),
https://www.news4jax.com/news/local/2022/01/16/local-car-group-speaks-following-street-takeover-complaints/ (last visited
Jan. 25, 2024).
5
Scott Johnson, I-TEAM: Complaints continue over car groups driving erratically in vacant parking lots, News4Jax (Jan. 13,
2022), https://www.news4jax.com/news/local/2022/01/13/i-team-complaints-continue-over-dangerous-driving-in-vacant-
parking-lots/ (last visited Jan. 25, 2024).
BILL: CS/SB 1764 Page 3
Office made 157 arrests, issued 1,290 citations, and seized 54 vehicles related to dangerous and
illegal street racing.6 In Miami, police arrested a suspect accused of organizing street races and
intersection takeovers in South Florida dating back to 2022.7 According to the Florida
Department of Highway Safety and Motor Vehicles, between 2018 and 2022, there were 6,641
citations issued under s. 316.191, F.S, for either street racing and stunt driving, or for actively
participating as a spectator, with the majority of citations issued to persons between 16 and 29
years old.8
Racing Offenses
Under s. 316.191(1)(g), F.S., a “race” means the use of one or more motor vehicles in
competition, arising from a challenge to demonstrate superiority of a motor vehicle or driver and
the acceptance or competitive response to that challenge, either through a prior arrangement or in
immediate response, in which the competitor attempts to outgain or outdistance another motor
vehicle, to prevent another motor vehicle from passing, to arrive at a given destination ahead of
another motor vehicle or motor vehicles, or to test the physical stamina or endurance of drivers
over long-distance driving routes. A race may be prearranged or may occur through a
competitive response to conduct on the part of one or more drivers which, under the totality of
the circumstances, can reasonably be interpreted as a challenge to race.
A “drag race” is a specific type of race involving:
 Two9 or more motor vehicles driven side-by-side at accelerating speeds in a competitive
attempt to outdistance each other; or
 One or more motor vehicles driven over a common selected course, from the same starting
point to the same ending point, for the purpose of comparing the relative speed or power of
acceleration of such motor vehicle or vehicles within a certain distance or time limit.10
A “street takeover” is the taking over of a portion of a highway, roadway, or parking lot by
blocking or impeding the regular flow of traffic to perform a race, drag race, burnout, doughnut,
drifting, wheelie, or other stunt driving.11
“Stunt driving” means to perform or engage in any burnouts, doughnuts, drifting, wheelies, or
other dangerous motor vehicle activity on a highway, roadway, or parking lot as part of a street
takeover.12
6
Aurielle Eady, 2 men clocked going 199 mph while street racing on Florida Turnpike, deputies say, Fox 35 Orlando (Jan.
23, 2024), https://www.fox35orlando.com/news/2-men-clocked-going-199-mph-while-street-racing-on-florida-turnpike-
deputies-say (last visited Jan. 25, 2024).
7
Brian Hamacher, Alleged main organizer of Miami-Dade street races and intersection takeovers arrested, NBC Miami (Jan.
18, 2024), https://www.nbcmiami.com/news/local/alleged-main-organizer-of-miami-dade-street-races-and-intersection-
takeovers-arrested/3209953/ (last visited Jan. 25, 2024).
8
Street Racing/Takeovers, Stunt Driving, DHSMV, https://www.flhsmv.gov/safety-center/driving-safety/stop-racing/ (last
visited Jan. 25, 2024).
9
Drag racing most commonly involves two motor vehicles operating side-by-side. National Hot Rod Association, Basics of
Drag Racing, http://www.nhra.com/nhra101/basics.aspx (last visited Jan. 25, 2024).
10
Section 316.191(1)(d), F.S.
11
Section 316.191(1)(i), F.S.
12
Section 316.191(1)(j), F.S.
BILL: CS/SB 1764 Page 4
Florida law prohibits the following racing activities on any highway, roadway, or parking lot,
unless sanctioned by the proper authorities:13
 Driving a motor vehicle, including a motorcycle, in a:
o Race;
o Street takeover;
o Stunt driving;
o Speed competition or contest;
o Drag race or acceleration contest;
o Test of physical endurance; or
o Exhibition of speed or acceleration for the purpose of making a speed record;14
 Participating in, coordinating, facilitating, or collecting money at a race, drag race, street
takeover, stunt driving, competition, contest, test, or exhibition;
 Knowingly riding as a passenger in a race, drag race, street takeover, stunt driving,
competition, contest, test, or exhibition;
 Purposefully causing the movement of traffic, including pedestrian traffic, to slow, stop, or
be impeded in any way for any such race, drag race, street takeover, stunt driving,
competition, contest, test, or exhibition;
 Operating a motor vehicle for the purpose of filming or recording the activities of
participants in any such race, drag race, street takeover, stunt driving, competition, contest,
test, or exhibition, not including bona fide members of the news media; or
 Operating a motor vehicle carrying any amount of fuel for the purposes of fueling a motor
vehicle involved in any such race, drag race, street takeover, stunt driving, competition,
contest, test, or exhibition.15
A racing violation is a first degree misdemeanor,16 punishable by up to one year in county jail.17
Additionally, a court must impose the following penalties:
 For a violation with no prior convictions in the preceding five years, a fine of $500 up to
$1,000 and a one year driver license suspension.
 For a second violation within five years of a prior violation resulting in a conviction, a fine of
$1,000 up to $3,000 and a two year driver license suspension.
 For a third or subsequent violation within five years of a prior violation resulting in a
conviction, a fine of $2,000 up to $5,000 and a four year driver license suspension.18
In addition to the criminal penalties provided, a person who commits a racing violation must pay
a $65 penalty.19 Monies collected pursuant to this additional penalty are remitted to the
Department of Revenue for deposit into the Emergency Medical Services Trust Fund of the
Department of Health to be used to ensure the availability and accessibility of trauma services
throughout the state as provided in s. 316.192, F.S.
13
Section 316.191(7), F.S.
14
Section 316.191(2), F.S.
15
Id.
16
Id.
17
Section 775.082, F.S.
18
Section 316.191(3), F.S.
19
Section 318.18(20), F.S.
BILL: CS/SB 1764 Page 5
Section 316.191, F.S., also prohibits a person from being a spectator at a drag race. To be
considered a spectator, a person must knowingly be present at and view a drag race or street
takeover, when such presence is the result of an affirmative choice to attend or participate in the
event. For purposes of determining whether or not an individual is a spectator, the finder of fact
must consider the relationship between the motor vehicle operator and the individual, evidence
of gambling or betting on the outcome of the event, filming or recording the event, posting the
event on social media, and any other factor that would tend to show knowing attendance or
participation. Being a spectator at a drag race is a noncriminal traffic infraction, punishable as a
moving violation as provided in ch. 318, F.S.20
Criminal Punishment Code
Felony offenses which are subject to the Criminal Punishment Code21 are listed in a single
offense severity ranking chart (OSRC),22 which uses 10 offense levels to rank felonies from least
severe to most severe. Each felony offense listed in the OSRC is assigned a level according to
the severity of the offense.23,24 A person’s primary offense, any other current offenses, and prior
convictions are scored using the points designated for the offense severity level of each
offense.25,26 The final score calculation, following the scoresheet formula, determines the lowest
permissible sentence that a trial court may impose, absent a valid reason for departure.27
III. Effect of Proposed Changes:
The bill amends s. 316.191(1), F.S., to define the term “Coordinated street takeover” to mean 10
or more vehicles operated in an organized manner to effect a street takeover.
The bill amends s. 316.191(3), F.S., to increase the fine for a first offense violation from $500 to
$1,000, to $500 to $2,000.
The bill amends s. 319.191(3), F.S., to decrease the time period during which a second violation
of s. 316.191(2), F.S., will result in an enhanced penalty, from within five years after the date of
a prior violation that resulted in conviction, to within one year of such violation. It increases the
penalty for such a violation from a first degree misdemeanor to a third degree felony. It also
increases the fine for such a violation from $1,000 to $3,000, to $2,500 to $4,000.
20
Section 316.191(4), F.S.
21
All felony offenses, with the exception of capital felonies, committed on or after October 1, 1998, are subject to the
Criminal Punishment Code. Section 921.002, F.S.
22
Section 921.0022, F.S.
23
Section 921.0022(2), F.S.
24
Felony offenses that are not listed in the OSRC default to statutorily assigned levels, as follows: an unlisted third-degree
felony defaults to a level 1; an unlisted second-degree felony defaults to a level 4; an unlisted first-degree felony defaults to a
level 7; an unlisted first-degree felony punishable by life defaults to a level 9; and an unlisted life felony defaults to a level
10. Section 921.0023, F.S.
25
Sections 921.0022 and 921.0024, F.S.
26
A person may also accumulate points for factors such as victim injury points, community sanction violation points, and
certain sentencing multipliers. Section 921.0024(1), F.S.
27
If a person scores more than 44 points, the lowest permissible sentence is a specified term of months in state prison,
determined by a formula. If a person scores 44 points or fewer, the court may impose a nonprison sanction, such as a county
jail sentence, probation, or community control. Section 921.0024(2), F.S.
BILL: CS/SB 1764 Page 6
The bill creates a third degree felony for any person who violates s. 316.191(2), F.S., and, in the
course of committing the offense, knowingly impedes, obstructs, or interferes with an authorized
emergency vehicle, as defined in s. 316.003(1), F.S., which is on call and responding to an
emergency other than the violation of this section. A second or subsequent violation of this
provision is punishable as a second degree felony, and a four year driver license revocation.
Pursuant to the Florida Contraband Forfeiture Act, the arresting law enforcement agency may
move to seize any vehicle used in violation of this provision.
The bill increases the penalty for a