Bill Summary – FastDemocracy

       Florida Senate - 2021                                    SB 1248



       By Senator Book





       32-01574A-21                                          20211248__
                      A bill to be entitled                      
       An act relating to racing motor vehicles; amending s.
       316.191, F.S.; defining the term âorganized rideâ;
       revising the definition of the term âspectatorâ;
       revising prohibitions on persons driving motor
       vehicles in any race, speed competition or contest,
       drag race or acceleration contest, test of physical
       endurance, or exhibition of speed, a stunt, agility,
       or acceleration or for other specified purposes on any
       highway, roadway, or parking lot; prohibiting a person
       from coordinating via social media any such race,
       competition, contest, test, or exhibition; prohibiting
       a person from purposefully causing the movement of
       traffic, including pedestrian traffic, to slow, stop,
       or be impeded in any way for such race, competition,
       contest, test, or exhibition; prohibiting a person
       from operating a vehicle for the purpose of filming or
       recording activities of participants in any such race,
       competition, contest, test, or exhibition; prohibiting
       a person from operating a vehicle carrying any amount
       of fuel for the purposes of fueling a vehicle involved
       in any such race, competition, contest, test, or
       exhibition; prohibiting persons from operating a
       vehicle in a manner that would constitute
       participation in an organized ride; providing
       penalties; prohibiting a person from being a spectator
       at any such race, competition, contest, test,
       exhibition, or organized ride; providing penalties;
       amending s. 318.18, F.S.; conforming provisions to
       changes made by the act; reenacting ss. 316.027(2)(c),
       322.0261(4)(a) and (b), and 901.15(9)(d), F.S.,
       relating to a crash involving death or personal
       injuries, driver improvement courses, a requirement to
       maintain driving privileges, and failure to complete,
       and when arrest by an officer without warrant is
       lawful, to incorporate the amendments made to s.
       316.191, F.S., in references thereto; providing an
       effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1.âSection 316.191, Florida Statutes, is amended to
read:
       316.191âRacing on highways, roadways, or parking lots;
organized rides.â
       (1)âAs used in this section, the term:
       (a)ââConvictionâ means a determination of guilt that is the
result of a plea or trial, regardless of whether adjudication is
withheld.
       (b)ââDrag raceâ means the operation of two or more motor
vehicles from a point side by side at accelerating speeds in a
competitive attempt to outdistance each other, or the operation
of one or more motor vehicles over a common selected course,
from the same point to the same point, for the purpose of
comparing the relative speeds or power of acceleration of such
motor vehicle or motor vehicles within a certain distance or
time limit.
       (c)ââOrganized rideâ means the operation of more than three
motor vehicles that cause the movement of traffic to slow or
stop for any such race, competition, contest, test, stunt, or
exhibition of the vehicleâs performance capabilities or of a
driverâs ability in violation of this section.
       (d)ââRaceâ 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.
       (e)(d)ââSpectatorâ means any person who is knowingly
present at and views a drag race, when such presence is the
result of an affirmative choice to attend or participate in the
race. For purposes of determining whether or not an individual
is a spectator, finders of fact shall consider the relationship
between the racer and the individual, evidence of gambling or
betting on the outcome of the race, filming or recording the
race, or posting on social media, and any other factor that
would tend to show knowing attendance or participation.
       (2)âA person may not:
       (a)âDrive any motor vehicle, including any motorcycle,
autocycle, moped, all-terrain vehicle, off-road vehicle, or
vehicle not licensed to operate on a highway or roadway, in any
race, speed competition or contest, drag race or acceleration
contest, test of physical endurance, or exhibition of speed, a
stunt, agility, or acceleration or for the purpose of making a
speed record or exhibiting the vehicleâs performance
capabilities and driverâs abilities on any highway, roadway, or
parking lot;
       (b)âIn any manner participate in, coordinate via social
media or otherwise, facilitate, or collect moneys at any
location for any such race, competition, contest, test, or
exhibition;
       (c)âKnowingly ride as a passenger in any such race,
competition, contest, test, or exhibition; or
       (d)âPurposefully cause the movement of traffic, including
pedestrian traffic, to slow, or stop, or be impeded in any way
for any such race, competition, contest, test, or exhibition;
       (e)âOperate a vehicle for the purpose of filming or
recording the activities of participants in any such race,
competition, contest, test, or exhibition;
       (f)âOperate a vehicle carrying any amount of fuel for the
purposes of fueling a vehicle involved in any such race,
competition, contest, test, or exhibition; or
       (g)âOperate a vehicle in a manner that would constitute
participation in an organized ride.
       (3)(a)âAny person who violates subsection (2) commits a
misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083. Any person who violates subsection (2)
shall pay a fine of not less than $500 and not more than $1,000,
and the department shall revoke the driver license of a person
so convicted for 1 year. A hearing may be requested pursuant to
s. 322.271.
       (b)âAny person who commits a second violation of subsection
(2) within 5 years after the date of a prior violation that
resulted in a conviction for a violation of subsection (2)
commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083, and shall pay a fine of
not less than $1,000 and not more than $3,000. The department
shall also revoke the driver license of that person for 2 years.
A hearing may be requested pursuant to s. 322.271.
       (c)âAny person who commits a third or subsequent violation
of subsection (2) within 5 years after the date of a prior
violation that resulted in a conviction for a violation of
subsection (2) commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083, and shall
pay a fine of not less than $2,000 and not more than $5,000. The
department shall also revoke the driver license of that person
for 4 years. A hearing may be requested pursuant to s. 322.271.
       (d)âIn any case charging a violation of subsection (2), the
court shall be provided a copy of the driving record of the
person charged and may obtain any records from any other source
to determine if one or more prior convictions of the person for
a violation of subsection (2) have occurred within 5 years prior
to the charged offense.
       (4)(a)âA person may not be a spectator at any race,
competition, contest, test, exhibition, or organized ride drag
race prohibited under subsection (2).
       (b)âA person who violates paragraph (a) commits a
noncriminal traffic infraction, punishable as a moving violation
as provided in chapter 318.
       (5)âWhenever a law enforcement officer has probable cause
to believe that a person violated subsection (2), the officer
may arrest and take such person into custody without a warrant.
The court may enter an order of impoundment or immobilization as
a condition of incarceration or probation. Within 7 business
days after the date the court issues the order of impoundment or
immobilization, the clerk of the court must send notice by
certified mail, return receipt requested, to the registered
owner of the motor vehicle, if the registered owner is a person
other than the defendant, and to each person of record claiming
a lien against the motor vehicle.
       (a)âNotwithstanding any provision of law to the contrary,
the impounding agency shall release a motor vehicle under the
conditions provided in s. 316.193(6)(e), (f), (g), and (h), if
the owner or agent presents a valid driver license at the time
of pickup of the motor vehicle.
       (b)âAll costs and fees for the impoundment or
immobilization, including the cost of notification, must be paid
by the owner of the motor vehicle or, if the motor vehicle is
leased or rented, by the person leasing or renting the motor
vehicle, unless the impoundment or immobilization order is
dismissed. All provisions of s. 713.78 shall apply.
       (c)âAny motor vehicle used in violation of subsection (2)
may be impounded for a period of 30 business days if a law
enforcement officer has arrested and taken a person into custody
pursuant to this subsection and the person being arrested is the
registered owner or co-owner of the motor vehicle. If the
arresting officer finds that the criteria of this paragraph are
met, the officer may immediately impound the motor vehicle. The
law enforcement officer shall notify the Department of Highway
Safety and Motor Vehicles of any impoundment for violation of
this subsection in accordance with procedures established by the
department. Paragraphs (a) and (b) shall be applicable to such
impoundment.
       (6)âAny motor vehicle used in violation of subsection (2)
by any person within 5 years after the date of a prior
conviction of that person for a violation under subsection (2)
may be seized and forfeited as provided by the Florida
Contraband Forfeiture Act. This subsection shall only be
applicable if the owner of the motor vehicle is the person
charged with violating subsection (2).
       (7)âThis section does not apply to licensed or duly
authorized racetracks, drag strips, or other designated areas
set aside by proper authorities for such purposes.
       Section 2.âSubsection (20) of section 318.18, Florida
Statutes, is amended to read:
       318.18âAmount of penalties.âThe penalties required for a
noncriminal disposition pursuant to s. 318.14 or a criminal
offense listed in s. 318.17 are as follows:
       (20)âIn addition to any other penalty, $65 for a violation
of s. 316.191, prohibiting racing on highways, roadways, or
parking lots and prohibiting organized rides or s. 316.192,
prohibiting reckless driving. The additional $65 collected under
this subsection shall be remitted to the Department of Revenue
for deposit into the Emergency Medical Services Trust Fund of
the Department of Health to be used as provided in s. 395.4036.
       Section 3.âFor the purpose of incorporating the amendment
made by this act to section 316.191, Florida Statutes, in a
reference thereto, paragraph (c) of subsection (2) of section
316.027, Florida Statutes, is reenacted to read:
       316.027âCrash involving death or personal injuries.â
       (2)
       (c)âThe driver of a vehicle involved in a crash occurring
on public or private property which results in the death of a
person shall immediately stop the vehicle at the scene of the
crash, or as close thereto as possible, and shall remain at the
scene of the crash until he or she has fulfilled the
requirements of s. 316.062. A person who is arrested for a
violation of this paragraph and who has previously been
convicted of a violation of this section, s. 316.061, s.
316.191, or s. 316.193, or a felony violation of s. 322.34,
shall be held in custody until brought before the court for
admittance to bail in accordance with chapter 903. A person who
willfully violates this paragraph commits a felony of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, and shall be sentenced to a mandatory minimum term of
imprisonment of 4 years. A person who willfully commits such a
violation while driving under the influence as set forth in s.
316.193(1) shall be sentenced to a mandatory minimum term of
imprisonment of 4 years.
       Section 4.âFor the purpose of incorporating the amendment
made by this act to section 316.191, Florida Statutes, in
references thereto, paragraphs (a) and (b) of subsection (4) of
section 322.0261, Florida Statutes, are reenacted to read:
       322.0261âDriver improvement course; requirement to maintain
driving privileges; failure to complete; department approval of
course.â
       (4)(a)âThe department shall identify any operator convicted
of, or who pleaded nolo contendere to, a violation of s.
316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s.
316.192 and shall require that operator, in addition to other
applicable penalties, to attend a department-approved driver
improvement course in order to maintain driving privileges. The
department shall, within 10 days after receiving a notice of
judicial disposition, send notice to the operator of the
requirement to attend a driver improvement course. If the
operator fails to complete the course within 90 days after
receiving notice from the department, the operatorâs driver
license shall be canceled by the department until the course is
successfully completed.
       (b)âAny operator who receives a traffic citation for a
violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or
s. 316.192, for which the court withholds adjudication, is not
required to attend a driver improvement course, unless the court
finds that the nature or severity of the violation is such that
attendance to a driver improvement course is necessary. The
department shall, within 10 days after receiving a notice of
judicial disposition, send notice to the operator of the
requirement to attend a driver improvement course. If the
operator fails to complete the course within 90 days after
receiving notice from the department, the operatorâs driver
license shall be canceled by the department until the course is
successfully completed.
       Section 5.âFor the purpose of incorporating the amendment
made by this act to section 316.191, Florida Statutes, in a
reference thereto, paragraph (d) of subsection (9) of section
901.15, Florida Statutes, is reenacted to read:
       901.15âWhen arrest by officer without warrant is lawful.âA
law enforcement officer may arrest a person without a warrant
when:
       (9)âThere is probable cause to believe that the person has
committed:
       (d)âA racing violation as described in s. 316.191(2).
       Section 6.âThis act shall take effect July 1, 2021.
Statutes affected: 
S 1248 Filed: 316.191, 318.18