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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 and providing definitions; prohibiting a 4
person from driving any motor vehicle in any street 5
takeover, stunt driving performed as part of a stre et 6
takeover, racing, speed competition or contest, drag 7
race or acceleration contest, test of physical 8
endurance, or exhibition of speed or acceleration on 9
any highway, roadway, or parking lot; prohibiting a 10
person from participating in or coordinating via 11
social media any such race, drag race, street 12
takeover, stunt driving, competition, contest, test, 13
or exhibition; prohibiting a person from knowingly 14
riding as a passenger in any such race, drag race, 15
street takeover, stunt driving, competition, contest, 16
test, or exhibition; prohibiting a person from 17
purposefully causing the movement of traffic, 18
including pedestrian traffic, to slow, stop, or be 19
impeded in any way for such race, drag race, street 20
takeover, stunt driving, competition, contest, test, 21
or exhibition; prohibiting a person from operating a 22
motor vehicle for the purpose of filming or recording 23
activities of participants in any such race, drag 24
race, street takeover, stunt driving, 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, or exhibition; providing an exception; 26
prohibiting a person from operating a motor vehicle 27
carrying any amount of fuel for the purposes of 28
fueling a motor vehicle involved in any such race, 29
drag race, street takeover, stunt driving, 30
competition, contest, test, or exhibition; providing 31
penalties; prohibiting a person from being a spectator 32
at any such race, drag race, or street takeover; 33
providing penalties; amending s. 316.2397, F.S.; 34
providing criminal penalties for unlawful use of 35
certain lights; amending s. 318.18, F.S.; conforming 36
provisions to changes made by the act; reenacting ss. 37
316.027(2)(c) and 322.0261(4)(a) and (b), F.S., 38
relating to a crash involving death or personal 39
injuries and driver improvement courses, respectively, 40
to incorporate the amendment made to s. 316.191, F.S., 41
in references thereto; amending s. 901.15, F.S.; 42
conforming provisions to changes made by the act; 43
amending s. 843.08, F.S.; including the unlawful use 44
of certain lights in the commission of the offense of 45
false personation; providing penalties; providing an 46
effective date. 47
48
Be It Enacted by the Legislature of the State of Florida: 49
50
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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
Section 1. Section 316.191, Florida Statutes, is reenacted 51
and amended to read: 52
316.191 Racing on highways , street takeovers, and stunt 53
driving.— 54
(1) As used in this sectio n, the term: 55
(a) "Burnout" means a maneuver performed while operating a 56
motor vehicle whereby the motor vehicle is kept stationary, or 57
is in motion, while the wheels are spun, resulting in friction 58
which causes the motor vehicle's tires to heat up and em it 59
smoke. 60
(b)(a) "Conviction" means a determination of guilt that is 61
the result of a plea or trial, regardless of whether 62
adjudication is withheld. 63
(c) "Doughnut" means a maneuver performed while operating 64
a motor vehicle whereby the front or rear of t he motor vehicle 65
is rotated around the opposite set of wheels in a continuous 66
motion which may cause a circular skid -mark pattern of rubber on 67
the driving surface or the tires to heat up and emit smoke from 68
friction, or both. 69
(d)(b) "Drag race" means the operation of two or more 70
motor vehicles from a point side by side at accelerating speeds 71
in a competitive attempt to outdistance each other, or the 72
operation of one or more motor vehicles over a common selected 73
course, from the same point to the same poin t, for the purpose 74
of comparing the relative speeds or power of acceleration of 75
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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
such motor vehicle or motor vehicles within a certain distance 76
or time limit. 77
(e) "Drifting" means a maneuver performed while operating 78
a motor vehicle whereby the motor vehi cle is steered so that it 79
makes a controlled skid sideways through a turn with the front 80
wheels pointed in a direction opposite to that of the turn. 81
(f) "Motor vehicle" has the same meaning as in s. 316.003. 82
The term "motor vehicle" also includes any mot orcycle, 83
autocycle, moped, all -terrain vehicle, off -road vehicle, or 84
vehicle not licensed to operate on a highway or roadway. 85
(g)(c) "Race" means the use of one or more motor vehicles 86
in competition, arising from a challenge to demonstrate 87
superiority of a motor vehicle or driver and the acceptance or 88
competitive response to that challenge, either through a prior 89
arrangement or in immediate response, in which the competitor 90
attempts to outgain or outdistance another motor vehicle, to 91
prevent another motor vehicle from passing, to arrive at a given 92
destination ahead of another motor vehicle or motor vehicles, or 93
to test the physical stamina or endurance of drivers over long -94
distance driving routes. A race may be prearranged or may occur 95
through a competitiv e response to conduct on the part of one or 96
more drivers which, under the totality of the circumstances, can 97
reasonably be interpreted as a challenge to race. 98
(h)(d) "Spectator" means any person who is knowingly 99
present at and views a drag race or street takeover, when such 100
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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
presence is the result of an affirmative choice to attend or 101
participate in the event race. For purposes of determining 102
whether or not an individual is a spectator, finders of fact 103
shall consider the relationship between the motor vehicle 104
operator racer and the individual, evidence of gambling or 105
betting on the outcome of the event race, filming or recording 106
the event, or posting the event on social media, and any other 107
factor that would tend to show knowing attendance or 108
participation. 109
(i) "Street takeover" means the taking over of a portion 110
of a highway, roadway, or parking lot by blocking or impeding 111
the regular flow of traffic to perform a race, drag race, 112
burnout, doughnut, drifting, wheelie, or other stunt driving. 113
(j) "Stunt driving" means to perform or engage in any 114
burnouts, doughnuts, drifting, wheelies, or other dangerous 115
motor vehicle activity on a highway, roadway, or parking lot as 116
part of a street takeover. 117
(k) "Wheelie" means a maneuver performed while operating a 118
motor vehicle whereby a motor vehicle is ridden for a distance 119
with the front wheel or wheels raised off the ground. 120
(2) A person may not: 121
(a) Drive any motor vehicle , including any motorcycle, in 122
any street takeover, stunt driving, race, speed competit ion or 123
contest, drag race or acceleration contest, test of physical 124
endurance, or exhibition of speed or acceleration or for the 125
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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
purpose of making a speed record on any highway, roadway, or 126
parking lot; 127
(b) In any manner participate in, coordinate through 128
social media or otherwise , facilitate, or collect moneys at any 129
location for any such race, drag race, street takeover, stunt 130
driving, competition, contest, test, or exhibition; 131
(c) Knowingly ride as a passenger in any such race, drag 132
race, street takeover, stunt driving, competition, contest, 133
test, or exhibition; or 134
(d) Purposefully cause the movement of traffic , including 135
pedestrian traffic, to slow, or stop, or be impeded in any way 136
for any such race, drag race, street takeover, stunt driving, 137
competition, contest, test, or exhibition ; 138
(e) Operate a motor vehicle for the purpose of filming or 139
recording the activities of participants in any such race, drag 140
race, street takeover, stunt driving, competition, contest, 141
test, or exhibition. This paragra ph does not apply to bona fide 142
members of the news media; or 143
(f) Operate a motor vehicle carrying any amount of fuel 144
for the purposes of fueling a motor vehicle involved in any such 145
race, drag race, street takeover, stunt driving, competition, 146
contest, test, or exhibition. 147
(3)(a) Any person who violates subsection (2) commits a 148
misdemeanor of the first degree, punishable as provided in s. 149
775.082 or s. 775.083. Any person who violates subsection (2) 150
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shall pay a fine of not less than $500 and not more th an $1,000, 151
and the department shall revoke the driver license of a person 152
so convicted for 1 year. A hearing may be requested pursuant to 153
s. 322.271. 154
(b) Any person who commits a second violation of 155
subsection (2) within 5 years after the date of a prior 156
violation that resulted in a conviction for a violation of 157
subsection (2) commits a misdemeanor of the first degree, 158
punishable as provided in s. 775.082 or s. 775.083, and shall 159
pay a fine of not less than $1,000 and not more than $3,000. The 160
department shall also revoke the driver license of that person 161
for 2 years. A hearing may be requested pursuant to s. 322.271. 162
(c) Any person who commits a third or subsequent violation 163
of subsection (2) within 5 years after the date of a prior 164
violation that resul ted in a conviction for a violation of 165
subsection (2) commits a misdemeanor of the first degree, 166
punishable as provided in s. 775.082 or s. 775.083, and shall 167
pay a fine of not less than $2,000 and not more than $5,000. The 168
department shall also revoke the driver license of that person 169
for 4 years. A hearing may be requested pursuant to s. 322.271. 170
(d) In any case charging a violation of subsection (2), 171
the court shall be provided a copy of the driving record of the 172
person charged and may obtain any recor ds from any other source 173
to determine if one or more prior convictions of the person for 174
a violation of subsection (2) have occurred within 5 years 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
before prior to the charged offense. 176
(4)(a) A person may not be a spectator at any race, drag 177
race, or street takeover prohibited under subsection (2). 178
(b) A person who violates paragraph (a) commits a 179
noncriminal traffic infraction, punishable as a moving violation 180
as provided in chapter 318. 181
(5) Whenever a law enforcement officer has probable cause 182
to believe that a person violated subsection (2), the officer 183
may arrest and take such person into custody without a warrant. 184
The court may enter an order of impoundment or immobilization as 185
a condition of incarceration or probation. Within 7 business 186
days after the date the court issues the order of impoundment or 187
immobilization, the clerk of the court must send notice by 188
certified mail, return receipt requested, to the registered 189
owner of the motor vehicle, if the registered owner is a person 190
other than the defendant, and to each person of record claiming 191
a lien against the motor vehicle. 192
(a) Notwithstanding any provision of law to the contrary, 193
the impounding agency shall release a motor vehicle under the 194
conditions provided in s. 316.193(6)(e), (f), (g), and (h), if 195
the owner or agent presents a valid driver license at the time 196
of pickup of the motor vehicle. 197
(b) All costs and fees for the impoundment or 198
immobilization, including the cost of notification, must be paid 199
by the owner of the motor vehicle o r, if the motor vehicle is 200
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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
leased or rented, by the person leasing or renting the motor 201
vehicle, unless the impoundment or immobilization order is 202
dismissed. All provisions of s. 713.78 shall apply. 203
(c) Any motor vehicle used in violation of subsection ( 2) 204
may be impounded for a period of 30 business days if a law 205
enforcement officer has arrested and taken a person into custody 206
pursuant to this subsection and the person being arrested is the 207
registered owner or co -owner of the motor vehicle. If the 208
arresting officer finds that the criteria of this paragraph are 209
met, the officer may immediately impound the motor vehicle. The 210
law enforcement officer shall notify the Department of Highway 211
Safety and Motor Vehicles of any impoundment for violation of 212
this subsection in accordance with procedures established by the 213
department. Paragraphs (a) and (b) shall be applicable to such 214
impoundment. 215
(6) Any motor vehicle used in violation of subsection (2) 216
by any person within 5 years after the date of a prior 217
conviction of that person for a violation under subsection (2) 218
may be seized and forfeited as provided by the Florida 219
Contraband Forfeiture Act. This subsection shall only be 220
applicable if the owner of the motor vehicle is the person 221
charged with violating subsecti on (2). 222
(7) This section does not apply to licensed or duly 223
authorized racetracks, drag strips, or other designated areas 224
set aside by proper authorities for such purposes. 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
Section 2. Subsection (10) of section 316.2397, Florida 226
Statutes, is amended to read: 227
316.2397 Certain lights prohibited; exceptions. — 228
(10) A person who violates violation of this section 229
commits a misdemeanor of the first degree is a noncriminal 230
traffic infraction, punishable as a nonmoving violation as 231
provided in s. 775.082 or s. 775.083 chapter 318. 232
Section 3. Subsection (20) of section 318.18, Florida 233
Statutes, is amended to read: 234
318.18 Amount of penalties. —The penalties required for a 235
noncriminal disposition pursuant to s. 318.14 or a criminal 236
offense listed in s. 3 18.17 are as follows: 237
(20) In addition to any other penalty, $65 for a violation 238
of s. 316.191, prohibiting racing on highways, street takeovers, 239
and stunt driving, or s. 316.192, prohibiting reckless driving. 240
The additional $65 collected under this subs ection shall be 241
remitted to the Department of Revenue for deposit into the 242
Emergency Medical Services Trust Fund of the Department of 243
Health to be used as provided in s. 395.4036. 244
Section 4. For the purpose of incorporating the amendment 245
made by this act to section 316.191, Florida Statutes, in a 246
reference thereto, paragraph (c) of subsection (2) of section 247
316.027, Florida Statutes, is reenacted to read: 248
316.027 Crash involving death or personal injuries. — 249
(2) 250
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(c) The driver of a vehicle involved in a crash occurring 251
on public or private property which results in the death of a 252
person shall immediately stop the vehicle at the scene of the 253
crash, or as close thereto as possible, and shall remain at the 254
scene of the crash until he or she has fulfille d the 255
requirements of s. 316.062. A person who is arrested for a 256
violation of this paragraph and who has previously been 257
convicted of a violation of this section, s. 316.061, s. 258
316.191, or s. 316.193, or a felony violation of s. 322.34, 259
shall be held in custody until brought before the court for 260
admittance to bail in accordance with chapter 903. A person who 261
willfully violates this paragraph commits a felony of the first 262
degree, punishable as provided in s. 775.082, s. 775.083, or s. 263
775.084, and shall be sentenced to a mandatory minimum term of 264
imprisonment of 4 years. A person who willfully commits such a 265
violation while driving under the influence as set forth in s. 266
316.193(1) shall be sentenced to a mandatory minimum term of 267
imprisonment of 4 years. 268
Section 5. For the purpose of incorporating the amendment 269
made by this act to section 316.191, Florida Statutes, in 270
references thereto, paragraphs (a) and (b) of subsection (4) of 271
section 322.0261, Florida Statutes, are reenacted to read: 272
322.0261 Driver improvement course; requirement to 273
maintain driving privileges; failure to complete; department 274
approval of course.— 275
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(4)(a) The department shall identify any operator 276
convicted of, or who pleaded nolo contendere to, a violation of 277
s. 316.074(1), s. 316 .075(1)(c)1., s. 316.172, s. 316.191, or s. 278
316.192 and shall require that operator, in addition to other 279
applicable penalties, to attend a department -approved driver 280
improvement course in order to maintain driving privileges. The 281
department shall, within 10 days after receiving a notice of 282
judicial disposition, send notice to the operator of the 283
requirement to attend a driver improvement course. If the 284
operator fails to complete the course within 90 days after 285
receiving notice from the department, the oper ator's driver 286
license shall be canceled by the department until the course is 287
successfully completed. 288
(b) Any operator who receives a traffic citation for a 289
violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or 290
s. 316.192, for which the court wi thholds adjudication, is not 291
required to attend a driver improvement course, unless the court 292
finds that the nature or severity of the violation is such that 293
attendance to a driver improvement course is necessary. The 294
department shall, within 10 days after receiving a notice of 295
judicial disposition, send notice to the operator of the 296
requirement to attend a driver improvement course. If the 297
operator fails to complete the course within 90 days after 298
receiving notice from the department, the operator's driver 299
license shall be canceled by the department until the course is 300
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successfully completed. 301
Section 6. Paragraph (d) of subsection (9) of section 302
901.15, Florida Statutes, is amended to read: 303
901.15 When arrest by officer without warrant is lawful. —A 304
law enforcement officer may arrest a person without a warrant 305
when: 306
(9) There is probable cause to believe that the person has 307
committed: 308
(d) A racing, street takeover, or stunt driving violation 309
as described in s. 316.191(2). 310
Section 7. Section 843. 08, Florida Statutes, is amended to 311
read: 312
843.08 False personation. —A person who falsely assumes or 313
pretends to be a firefighter, a sheriff, an officer of the 314
Florida Highway Patrol, an officer of the Fish and Wildlife 315
Conservation Commission, an officer of the Department of 316
Environmental Protection, an officer of the Department of 317
Financial Services, any personnel or representative of the 318
Division of Investigative and Forensic Services, an officer of 319
the Department of Corrections, a correctional probatio n officer, 320
a deputy sheriff, a state attorney or an assistant state 321
attorney, a statewide prosecutor or an assistant statewide 322
prosecutor, a state attorney investigator, a coroner, a police 323
officer, a lottery special agent or lottery investigator, a 324
beverage enforcement agent, a school guardian as described in s. 325
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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
30.15(1)(k), a security officer licensed under chapter 493, any 326
member of the Florida Commission on Offender Review or any 327
administrative aide or supervisor employed by the commission, 328
any personnel or representative of the Department of Law 329
Enforcement, or a federal law enforcement officer as defined in 330
s. 901.1505, and takes upon himself or herself to act as such, 331
including by using lights in violation of s. 316.2397 or s. 332
843.081, or to require any other person to aid or assist him or 333
her in a matter pertaining to the duty of any such officer, 334
commits a felony of the third degree, punishable as provided in 335
s. 775.082, s. 775.083, or s. 775.084. However, a person who 336
falsely personates any such off icer during the course of the 337
commission of a felony commits a felony of the second degree, 338
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 339
If the commission of the felony results in the death or personal 340
injury of another human being, the person commits a felony of 341
the first degree, punishable as provided in s. 775.082, s. 342
775.083, or s. 775.084. 343
Section 8. This act shall take effect July 1, 2022. 344