HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 399 Motor Vehicle and Vessel Law Enforcement
SPONSOR(S): Judiciary Committee, Tourism, Infrastructure & Energy Subcommittee, Criminal Justice &
Public Safety Subcommittee, Rodriguez
TIED BILLS: IDEN./SIM. BILLS: CS/CS/CS/SB 876
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee 17 Y, 0 N, As CS Frost Hall
2) Tourism, Infrastructure & Energy Subcommittee 14 Y, 0 N, As CS Neuffer Keating
3) Judiciary Committee 16 Y, 0 N, As CS Frost Kramer
SUMMARY ANALYSIS
Recently, dangerous events known as “street takeovers” have grown in popularity across the country. These events
involve large numbers of vehicles and persons gathering at a predetermined site, typically blocking a large
intersection, for vehicles to perform drifting, burn-outs, and other dangerous vehicular maneuvers. Due to the large
size of these gatherings, it may be difficult for law enforcement to respond to and control such events.
Florida law prohibits the following racing activities on highways, roadways, or parking lots, unless sanctioned by the
proper authorities: driving a motor vehicle, including a motorcycle, in any: race; speed competition or contest; drag
race; test of physical endurance; or exhibition of speed or acceleration or for making a speed record; participating in,
coordinating, facilitating, or collecting money at any such race, competition, test, or exhibition location; knowingly
riding as a passenger in any such race, competition, test, or exhibition; or purposefully stopping or slowing traffic
movement for any such race, competition, test, or exhibition.
A racing violation is a first degree misdemeanor, punishable by up to one year in county jail and specified fines. A
person may be arrested without a warrant if there is probab le cause to believe he or she has committed a racing
violation. Additionally, being a spectator at a drag race is punishable as a noncriminal traffic infraction.
CS/CS/CS/HB 399 amends the crimes under s. 316.191(2), F.S., to add additional types of vehicles and additional
prohibited conduct including a street takeover, stunt driving, and operating a vehicle to film or record prohibited
activities or to carry fuel for other vehicles involved in prohibited activities. The bill defines the terms “burnou t,”
“doughnut,” “drifting,” “motor vehicle,” “street takeover,” “stunt driving,” and “wheelie.” The bill also amends the
current definition of “spectator” to include a person who is knowingly present at and views a street takeover and
provides that evidence of filming or recording such an event or posting the event on social media are factors to be
considered in determining whether a person qualifies as a spectator. Under the bill, a person commits a noncriminal
traffic infraction if he or she is found to be a spectator at a race or street takeover.
The bill amends the first degree misdemeanor crimes under s. 316.191(2), F.S., to add drag race, street takeover,
and stunt driving to each type of prohibited conduct. The bill also adds street takeovers and stu nt driving to the list of
violations which require an offender to pay a $65 penalty.
Under the bill, if an officer has probable cause to believe that a person has committed a violation relating to a street
takeover or stunt driving, the officer may arrest the person without a warrant.
The bill also: provides that a person commits a first degree misdemeanor under s. 316.2397, F.S., by operating a
vehicle displaying red, red and white, or blue lights if in displaying such lights he or she effects or attempts to effect
a stop of another vehicle; and provides that a court or jury may consider any relevant evidence, including, but not
limited to whether a defendant used certain prohibited lights, in determining if a defendant committed an offense of
false personation, under s. 843.081, F.S.
The bill may have a positive indeterminate fiscal impact on state and local government entities receiving funds from
violations related to street takeovers and related stunt driving. Additionally, the bill may have a positive
indeterminate impact on jail beds by prohibiting additional conduct punishable as a misdemeanor offense.
The bill provides an effective date of October 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
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,
sometimes hundreds, 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 that came to watch
the cars.3
Recently, the Dallas Police Department’s speeding and racing task force (task force) made a concerted
local effort to crack down on street takeovers and other illegal events. As of September 2021, the task
force has arrested 944 people associated with street takeovers. 4 Because street takeovers are a
relatively new phenomenon, specific data related to accidents, injuries, and deaths resulting from these
events in Florida is not readily available. However, there are accounts of these events happening
throughout the state. In Jacksonville, street takeover participants have acknowledged that their meet-
ups have anywhere from 300 to thousands of people in attendance, 5 and residents nearby indicate that
these events are dangerous and often continue until well past midnight. 6
Racing Offenses
Under Florida law, a “race” may be prearranged or occur spontaneously, consists of a challenge and
acceptance or competitive response to the challenge, 7 and involves one or more motor vehicles in
competition to demonstrate the superiority of a vehicle or driver by:
 Attempting to outgain or outdistance another motor vehicle;
 Preventing another motor vehicle from passing;
 Arriving at a given destination before another motor vehicle; or
 Testing the physical stamina or endurance of drivers over a long-distance.8
A “drag race” is a specific type of race involving:
1 Erin Myers, Car that crashed into Van Nuys b uilding, killing 1, was b eing followed b y 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 Feb. 23, 2022).
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 Feb. 23, 2022).
3
Thom Taylor, Street Takeovers Are Turning More Deadly, MotorBiscuit (Nov. 15, 2021), https://www.motorbiscuit.com/street-
takeovers-turning-more-deadly/ (last visited Feb. 23, 2022).
4 Michael Lozano, Illegal Dallas 'street takeovers' feeling pinch from Dallas PD , October 2, 2021, spectrumlocalnews.com,
https://spectrumlocalnews.com/tx/dallas -fort-worth/news/2021/09/30/dallas-illegal--street-takeovers--feeling-pinch-from-dallas-pd- (last
visited Feb. 23, 2022).
5 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 Feb. 23,
2022).
6 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 Feb. 23, 2022).
7 Id.
8 S. 316.191(1)(c), F.S.
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  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
Florida law prohibits the following racing activities on any highway, roadway, or parking lot, unless
sanctioned by the proper authorities:11
 Driving a motor vehicle, including a motorcycle, in a:
o Race;
o Speed competition or contest;
o Drag race;
o Test of physical endurance;
o Exhibition of speed or acceleration; or
o Exhibition for making a speed record;12
 Participating in, coordinating, facilitating, or collecting money at a race, competition, test, or
exhibition location;
 Knowingly riding as a passenger in a race, competition, test, or exhibition; or
 Purposefully stopping or slowing traffic movement for a race, competition, test, or exhibition. 13
A racing violation is a first degree misdemeanor,14 punishable by up to one year in county jail.15
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.
 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.
 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.16
In addition to the criminal penalties provided, a person who commits a racing violation must pay a $65
penalty. 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.
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 be knowingly present at and view a drag race, when his or her presence is
the result of an affirmative choice to attend or participate in the race. In determining whether or not an
individual is a spectator, the following factors must be considered: the relationship between the racer
and the individual; evidence of gambling or betting on the outcome of the race; and any other factor that
tends 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. 17 However, current law
does not similarly punish being a spectator at a regular race.
Warrantless Arrest
A judge may issue a warrant authorizing a person’s arrest for a felony or misdemeanor crime upon
finding probable cause that the person committed a crime in the judge’s jurisdiction. 18 However, the
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 Feb. 23, 2022).
10 S. 316.191(1)(b), F.S.
11 S. 316.191(7), F.S.
12 S. 316.191(2), F.S.
13 Id.
14 Id.
15 S. 775.082, F.S.
16 S. 316.191(3), F.S.
17 S. 316.191(4), F.S.
18 S. 901.02, F.S.
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 United States Supreme Court has held that the Fourth Amendment to the United States Constitution
does not forbid warrantless arrest, even for a misdemeanor offense. 19
In Florida, a law enforcement officer may arrest a person without a warrant under certain statutorily
enumerated circumstances,20 such as when:
 An officer reasonably believes a person committed a felony;
 There is probable cause to believe a person has committed certain enumerated misdemeanor
offenses,21 including a racing violation under s. 316.191(2), F.S.; or
 A person commits a misdemeanor in an officer’s presence.
o In this circumstance, the officer must arrest the person immediately or in fresh pursuit
after observing the offense.
Prohibited Use of Certain Lights
Section 316.2397, F.S., prohibits the use of certain lights on vehicles and authorizes the use of certain
lights for certain purposes.22 A person may not drive or move any vehicle or equipment on any highway
with any lamp or device showing or displaying a red, red and white, or blue light visible from directly in
front of the vehicle with certain exceptions, such as:23
 Police and Sherriff’s vehicles.
 Fire department vehicles.
 Ambulances or volunteer ambulances.
 Medical staff physicians or technicians of medical facilities licensed by the state.
 Buses and taxicabs, which may show or display red lights.
 Vehicles of the:
o Fish and Wildlife Conservation Commission;
o Department of Environmental Protection;
o Department of Transportation;
o Department of Agriculture and Consumer Services; and
o Department of Corrections.
 Wreckers,24 mosquito control fog and spray vehicles, and emergency vehicles of governmental
departments or public service corporations may show or display amber lights when in actual
operation or when a hazard exists.25
Additionally, a flatbed, car carrier, or rollback may not use amber rotating or flashing lights when
hauling a vehicle on the bed unless it creates a hazard to other motorists because of protruding objects.
Further, escort vehicles may show or display amber lights when in the actual process of escorting
overdimensioned equipment, material, or buildings as authorized by law. Vehicles owned or leased by
private security agencies may show or display green and amber lights, with either color being no
greater than 50 percent of the lights displayed, while the security personnel are engaged in security
duties on private or public property.
19
Atwater v. City of Lago Vista, 532 U.S. 318 (2001).
20 S. 901.15, F.S.
21 Section 901.15, F.S., includes other misdemeanor offenses such as battery, criminal mischief or graffiti, an act of domestic violence,
an injunction violation, or sexual cyberharassment in the list of offenses where a warrantless arrest is authorized.
22 For example: road or street maintenance equipment, road or street maintenance vehicles, road service vehicles, refuse collection
vehicles, petroleum tankers, and mail carrier vehicles may show or display amber lights when in operation or when a hazard exists; a
commercial motor vehicle or trailer designed to transport unprocessed logs or pulpwood may show or display an amber light affixed to
the rearmost point of the vehicle or trailer; road maintenance and construction equipment and vehicles may display flashing w hite lights
or flashing white strobe lights when in operation and where a hazard exists; construction equipment in a work zone on roadways with a
posted speed limit of 55 miles per hour or higher may show or display a combination of flashing green, amber, and red lights in
conjunction with periods when workers are present; and school buses and vehicles that are used to transport farm workers may display
flashing white strobe lights. S. 316.2397(4)–(5), F.S.
23 S. 316.2397(3), F.S.
24 Wreckers must use amber rotating or flashing lights while performing recoveries and loading on the roadside day or night, and may
use such lights while towing a vehicle on wheel lifts, slings, or under reach if the operator of the wrecker deems such light s necessary.
Id.
25 The lights may be used provided the lights are not used going to and from the scene of operation or hazard without specific
authorization of a law enforcement officer or law enforcement agency. Id.
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