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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to motor vehicle and vessel law 2
enforcement; reenacting and amending s. 316.191, F.S.; 3
revising the definition of the term "spectator"; 4
defining the term "takeover ride"; revising 5
prohibitions on persons driving motor vehicles in any 6
race, speed competition or contest, drag race or 7
acceleration contest, test of physical endurance, or 8
exhibition of speed, stunt or trick, takeover ride, or 9
acceleration or for other specified purposes on any 10
highway, roadway, or parking lot; prohibiting a person 11
from participating in or coordinating via social media 12
any such race, drag race, competition, contest, test, 13
stunt or trick, takeover ride, or exhibit ion; 14
prohibiting a person from knowingly riding as a 15
passenger in any such race, drag race, competition, 16
contest, test, stunt or trick, takeover ride, or 17
exhibition; prohibiting a person from purposefully 18
causing the movement of traffic, including pedestri an 19
traffic, to slow, stop, or be impeded in any way for 20
such race, drag race, competition, contest, test, 21
stunt or trick, takeover ride, or exhibition; 22
prohibiting a person from operating a vehicle for the 23
purpose of filming or recording activities of 24
participants in any such race, drag race, competition, 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
contest, test, stunt or trick, takeover ride, or 26
exhibition; prohibiting a person from operating a 27
vehicle carrying any amount of fuel for the purposes 28
of fueling a vehicle involved in any such race, drag 29
race, competition, contest, test, stunt or trick, 30
takeover ride, or exhibition; prohibiting persons from 31
operating a vehicle in a manner that would constitute 32
participation in a takeover ride; providing penalties; 33
prohibiting a person from being a spectato r at any 34
such race, drag race, competition, contest, test, 35
stunt or trick, takeover ride, or exhibition; 36
providing penalties; amending s. 316.2397, F.S.; 37
providing criminal penalties for unlawful use of 38
certain lights; amending s. 318.18, F.S.; conforming 39
provisions to changes made by the act; reenacting ss. 40
316.027(2)(c), 322.0261(4)(a) and (b), and 41
901.15(9)(d), F.S., relating to a crash involving 42
death or personal injuries, driver improvement 43
courses, and when arrest by an officer without warrant 44
is lawful, respectively, to incorporate the amendment 45
made to s. 316.191, F.S., in references thereto; 46
amending s. 843.08, F.S.; including the unlawful use 47
of certain lights in the commission of the offense of 48
false personation; providing penalties; providing an 49
effective date. 50
HB 399 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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Be It Enacted by the Legislature of the State of Florida: 52
53
Section 1. Section 316.191, Florida Statutes, is reenacted 54
and amended to read: 55
316.191 Racing on highways , roadways, or parking lots; 56
takeover rides.— 57
(1) As used in this section, the term: 58
(a) "Conviction" means a determination of guilt that is 59
the result of a plea or trial, regardless of whether 60
adjudication is withheld. 61
(b) "Drag race" means the operation of two or more motor 62
vehicles from a point side by side at accelerating speeds in a 63
competitive attempt to outdistance each other, or the operation 64
of one or more motor vehicles over a common selected course, 65
from the same point to the same point, for the purpose of 66
comparing the relative speeds or power of accel eration of such 67
motor vehicle or motor vehicles within a certain distance or 68
time limit. 69
(c) "Race" means the use of one or more motor vehicles in 70
competition, arising from a challenge to demonstrate superiority 71
of a motor vehicle or driver and the accep tance or competitive 72
response to that challenge, either through a prior arrangement 73
or in immediate response, in which the competitor attempts to 74
outgain or outdistance another motor vehicle, to prevent another 75
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motor vehicle from passing, to arrive at a gi ven destination 76
ahead of another motor vehicle or motor vehicles, or to test the 77
physical stamina or endurance of drivers over long -distance 78
driving routes. A race may be prearranged or may occur through a 79
competitive response to conduct on the part of one or more 80
drivers which, under the totality of the circumstances, can 81
reasonably be interpreted as a challenge to race. 82
(d) "Spectator" means a any person who is knowingly 83
present at and views a race, drag race, competition, contest, 84
test, stunt or trick, takeover ride, or exhibition, when such 85
presence is the result of an affirmative choice to attend or 86
participate in the event race. For purposes of determining 87
whether or not an individual is a spectator, finders of fact 88
shall consider the relationship be tween the driver racer and the 89
individual, evidence of gambling or betting on the outcome of 90
the event race, filming or recording the event, or posting the 91
event on social media, and any other factor that would tend to 92
show knowing attendance or participat ion. 93
(e) "Takeover ride" means the unlawful operation of more 94
than three motor vehicles that cause the movement of traffic to 95
slow or stop for any race, drag race, competition, contest, 96
test, stunt or trick, including, but not limited to, drifting, 97
burnouts, wheelies, and reckless driving, or exhibition of a 98
vehicle's performance capabilities or of a driver's ability in 99
violation of this section. 100
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(2) A person may not: 101
(a) Drive any motor vehicle, including any motorcycle, 102
autocycle, moped, all -terrain vehicle, off-road vehicle, or 103
vehicle not licensed to operate on a highway or roadway, in any 104
race, speed competition or contest, drag race or acceleration 105
contest, test of physical endurance, or exhibition of speed , 106
stunt or trick, takeover ride, or acceleration or for the 107
purpose of making a speed record or exhibiting the vehicle's 108
performance capabilities and driver's abilities on any highway, 109
roadway, or parking lot; 110
(b) In any manner participate in, coordinate through 111
social media or otherwise , facilitate, or collect moneys at any 112
location for any such race, drag race, competition, contest, 113
test, stunt or trick, takeover ride, or exhibition; 114
(c) Knowingly ride as a passenger in any such race, drag 115
race, competition, contest, test, stunt or trick, takeover ride, 116
or exhibition; or 117
(d) Purposefully cause the movement of traffic , including 118
pedestrian traffic, to slow, or stop, or be impeded in any way 119
for any such race, drag race, competition, contest, test, stunt 120
or trick, takeover ride, or exhibition; 121
(e) Operate a vehicle for the purpose of filming or 122
recording the activities of participants in any such race, drag 123
race, competition, contest, test, stunt or trick, takeover ride, 124
or exhibition; 125
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(f) Operate a vehicle carrying any amoun t of fuel for the 126
purposes of fueling a vehicle involved in any such race, drag 127
race, competition, contest, test, stunt or trick, takeover ride, 128
or exhibition; or 129
(g) Operate a vehicle in a manner that would constitute 130
participation in a takeover ride . 131
(3)(a) A Any person who violates subsection (2) commits a 132
misdemeanor of the first degree, punishable as provided in s. 133
775.082 or s. 775.083. A Any person who violates subsection (2) 134
shall pay a fine of not less than $500 and not more than $1,000, 135
and the department shall revoke the driver license of a person 136
so convicted for 1 year. A hearing may be requested pursuant to 137
s. 322.271. 138
(b) A Any person who commits a second violation of 139
subsection (2) within 5 years after the date of a prior 140
violation that resulted in a conviction for a violation of 141
subsection (2) commits a misdemeanor of the first degree, 142
punishable as provided in s. 775.082 or s. 775.083, and shall 143
pay a fine of not less than $1,000 and not more than $3,000. The 144
department shall also revo ke the driver license of that person 145
for 2 years. A hearing may be requested pursuant to s. 322.271. 146
(c) A Any person who commits a third or subsequent 147
violation of subsection (2) within 5 years after the date of a 148
prior violation that resulted in a conviction for a violation of 149
subsection (2) commits a misdemeanor of the first degree, 150
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punishable as provided in s. 775.082 or s. 775.083, and shall 151
pay a fine of not less than $2,000 and not more than $5,000. The 152
department shall also revoke the driver license of that person 153
for 4 years. A hearing may be requested pursuant to s. 322.271. 154
(d) In any case charging a violation of subsection (2), 155
the court shall be provided a copy of the driving record of the 156
person charged and may obtain any records from any other source 157
to determine whether if one or more prior convictions of the 158
person for a violation of subsection (2) have occurred within 5 159
years before prior to the charged offense. 160
(4)(a) A person may not be a specta tor at any race, drag 161
race, competition, contest, test, stunt or trick, takeover ride, 162
or exhibition prohibited under subsection (2). 163
(b) A person who violates paragraph (a) commits a 164
noncriminal traffic infraction, punishable as a moving violation 165
as provided in chapter 318. 166
(5) Whenever a law enforcement officer has probable cause 167
to believe that a person violated subsection (2), the officer 168
may arrest and take such person into custody without a warrant. 169
The court may enter an order of impoundment or immobilization as 170
a condition of incarceration or probation. Within 7 business 171
days after the date the court issues the order of impoundment or 172
immobilization, the clerk of the court must send notice by 173
certified mail, return receipt requested, to the regi stered 174
owner of the motor vehicle, if the registered owner is a person 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
other than the defendant, and to each person of record claiming 176
a lien against the motor vehicle. 177
(a) Notwithstanding any provision of law to the contrary, 178
the impounding agency shall release a motor vehicle under the 179
conditions provided in s. 316.193(6)(e), (f), (g), and (h), if 180
the owner or agent presents a valid driver license at the time 181
of pickup of the motor vehicle. 182
(b) All costs and fees for the impoundment or 183
immobilization, including the cost of notification, must be paid 184
by the owner of the motor vehicle or, if the motor vehicle is 185
leased or rented, by the person leasing or renting the motor 186
vehicle, unless the impoundment or immobilization order is 187
dismissed. All provision s of s. 713.78 shall apply. 188
(c) A Any motor vehicle used in violation of subsection 189
(2) may be impounded for a period of 30 business days if a law 190
enforcement officer has arrested and taken a person into custody 191
pursuant to this subsection and the person being arrested is the 192
registered owner or co -owner of the motor vehicle. If the 193
arresting officer finds that the criteria of this paragraph are 194
met, the officer may immediately impound the motor vehicle. The 195
law enforcement officer shall notify the Depart ment of Highway 196
Safety and Motor Vehicles of any impoundment for violation of 197
this subsection in accordance with procedures established by the 198
department. Paragraphs (a) and (b) shall be applicable to such 199
impoundment. 200
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(6) A Any motor vehicle used in vio lation of subsection 201
(2) by a any person within 5 years after the date of a prior 202
conviction of that person for a violation under subsection (2) 203
may be seized and forfeited as provided by the Florida 204
Contraband Forfeiture Act. This subsection is shall only be 205
applicable if the owner of the motor vehicle is the person 206
charged with violating subsection (2). 207
(7) This section does not apply to licensed or duly 208
authorized racetracks, drag strips, or other designated areas 209
set aside by proper authorities for su ch purposes. 210
Section 2. Subsection (10) of section 316.2397, Florida 211
Statutes, is amended to read: 212
316.2397 Certain lights prohibited; exceptions. — 213
(10) A person who violates violation of this section 214
commits a misdemeanor of the first degree is a noncriminal 215
traffic infraction, punishable as a nonmoving violation as 216
provided in s. 775.082 or s. 775.083 chapter 318. 217
Section 3. Subsection (20) of section 318.18, Florida 218
Statutes, is amended to read: 219
318.18 Amount of penalties. —The penalties required for a 220
noncriminal disposition pursuant to s. 318.14 or a criminal 221
offense listed in s. 318.17 are as follows: 222
(20) In addition to any other penalty, $65 for a violation 223
of s. 316.191, prohibiting racing on highways, roadways, or 224
parking lots and prohibiting takeover rides, or s. 316.192, 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
prohibiting reckless driving. The additional $65 collected under 226
this subsection shall be remitted to the Department of Revenue 227
for deposit into the Emergency Medical Services Trust Fund of 228
the Department of Health to be used as provided in s. 395.4036. 229
Section 4. For the purpose of incorporating the amendment 230
made by this act to section 316.191, Florida Statutes, in a 231
reference thereto, paragraph (c) of subsection (2) of section 232
316.027, Florida Statutes, is ree nacted to read: 233
316.027 Crash involving death or personal injuries. — 234
(2) 235
(c) The driver of a vehicle involved in a crash occurring 236
on public or private property which results in the death of a 237
person shall immediately stop the vehicle at the scene of the 238
crash, or as close thereto as possible, and shall remain at the 239
scene of the crash until he or she has fulfilled the 240
requirements of s. 316.062. A person who is arrested for a 241
violation of this paragraph and who has previously been 242
convicted of a viola tion of this section, s. 316.061, s. 243
316.191, or s. 316.193, or a felony violation of s. 322.34, 244
shall be held in custody until brought before the court for 245
admittance to bail in accordance with chapter 903. A person who 246
willfully violates this paragraph c ommits a felony of the first 247
degree, punishable as provided in s. 775.082, s. 775.083, or s. 248
775.084, and shall be sentenced to a mandatory minimum term of 249
imprisonment of 4 years. A person who willfully commits such a 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
violation while driving under the inf luence as set forth in s. 251
316.193(1) shall be sentenced to a mandatory minimum term of 252
imprisonment of 4 years. 253
Section 5. For the purpose of incorporating the amendment 254
made by this act to section 316.191, Florida Statutes, in 255
references thereto, para graphs (a) and (b) of subsection (4) of 256
section 322.0261, Florida Statutes, are reenacted to read: 257
322.0261 Driver improvement course; requirement to 258
maintain driving privileges; failure to complete; department 259
approval of course.— 260
(4)(a) The departmen t shall identify any operator 261
convicted of, or who pleaded nolo contendere to, a violation of 262
s. 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s. 263
316.192 and shall require that operator, in addition to other 264
applicable penalties, to attend a d epartment-approved driver 265
improvement course in order to maintain driving privileges. The 266
department shall, within 10 days after receiving a notice of 267
judicial disposition, send notice to the operator of the 268
requirement to attend a driver improvement cours e. If the 269
operator fails to complete the course within 90 days after 270
receiving notice from the department, the operator's driver 271
license shall be canceled by the department until the course is 272
successfully completed. 273
(b) Any operator who receives a traffic citation for a 274
violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or 275
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s. 316.192, for which the court withholds adjudication, is not 276
required to attend a driver improvement course, unless the court 277
finds that the nature or severity of the violation is such that 278
attendance to a driver improvement course is necessary. The 279
department shall, within 10 days after receiving a notice of 280
judicial disposition, send notice to the operator of the 281
requirement to attend a driver improvement course. If the 282
operator fails to complete the course within 90 days after 283
receiving notice from the department, the operator's driver 284
license shall be canceled by the department until the course is 285
successfully completed. 286
Section 6. For the purpose of incorporating the amendment 287
made by this act to section 316.191, Florida Statutes, in a 288
reference thereto, paragraph (d) of subsection (9) of section 289
901.15, Florida Statutes, is reenacted to read: 290
901.15 When arrest by officer withou t warrant is lawful. —A 291
law enforcement officer may arrest a person without a warrant 292
when: 293
(9) There is probable cause to believe that the person has 294
committed: 295
(d) A racing violation as described in s. 316.191(2). 296
Section 7. Section 843.08, Florid a Statutes, is amended to 297
read: 298
843.08 False personation. —A person who falsely assumes or 299
pretends to be a firefighter, a sheriff, an officer of the 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Florida Highway Patrol, an officer of the Fish and Wildlife 301
Conservation Commission, an officer of the De partment of 302
Environmental Protection, an officer of the Department of 303
Financial Services, any personnel or representative of the 304
Division of Investigative and Forensic Services, an officer of 305
the Department of Corrections, a correctional probation officer, 306
a deputy sheriff, a state attorney or an assistant state 307
attorney, a statewide prosecutor or an assistant statewide 308
prosecutor, a state attorney investigator, a coroner, a police 309
officer, a lottery special agent or lottery investigator, a 310
beverage enforcement agent, a school guardian as described in s. 311
30.15(1)(k), a security officer licensed under chapter 493, any 312
member of the Florida Commission on Offender Review or any 313
administrative aide or supervisor employed by the commission, 314
any personnel or repre sentative of the Department of Law 315
Enforcement, or a federal law enforcement officer as defined in 316
s. 901.1505, and takes upon himself or herself to act as such, 317
including by using lights in violation of s. 316.2397 or s. 318
843.081, or to require any other p erson to aid or assist him or 319
her in a matter pertaining to the duty of any such officer, 320
commits a felony of the third degree, punishable as provided in 321
s. 775.082, s. 775.083, or s. 775.084. However, a person who 322
falsely personates any such officer durin g the course of the 323
commission of a felony commits a felony of the second degree, 324
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 325
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If the commission of the felony results in the death or personal 326
injury of another human being, the person co mmits a felony of 327
the first degree, punishable as provided in s. 775.082, s. 328
775.083, or s. 775.084. 329
Section 8. This act shall take effect July 1, 2022. 330