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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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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 under specified circumstances; amending 36
s. 318.18, F.S.; conforming provisions to changes made 37
by the act; reenacting ss. 316.027(2)(c) and 38
322.0261(4)(a) and (b), F.S., relating to a crash 39
involving death or personal injuries and driver 40
improvement courses, respectively, to incorporate the 41
amendment made to s. 316.191, F.S., in references 42
thereto; amending s. 901.15, F.S.; conforming 43
provisions to changes made by the act; amending s. 44
843.08, F.S.; authorizing a court or jury to consider 45
specified evidence in determining whether an offense 46
of false personation was committed; providing an 47
effective date. 48
49
Be It Enacted by the Legislature of the State of Florida: 50
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51
Section 1. Section 316.191, Florida Statutes, is reenacted 52
and amended to read: 53
316.191 Racing on highways , street takeovers, and stunt 54
driving.— 55
(1) As used in this section, the term: 56
(a) "Burnout" means a maneuver performed while operating a 57
motor vehicle whereby the motor vehicle is kept stationary, or 58
is in motion, while the wheels are spun, resulting in friction 59
which causes the motor vehicle's tires to heat up and emit 60
smoke. 61
(b)(a) "Conviction" means a determination of guilt that is 62
the result of a plea or trial, regardless of whether 63
adjudication is withheld. 64
(c) "Doughnut" means a maneuver performed while operating 65
a motor vehicle whereby the front or rear of the motor vehicle 66
is rotated around the opposite set of wheels in a continuous 67
motion which may cause a circular skid -mark pattern of rubber on 68
the driving surface or the tires to heat up and emit smoke from 69
friction, or both. 70
(d)(b) "Drag race" means the operation of two or more 71
motor vehicles from a point side by side at accelerating speeds 72
in a competitive attempt to outdistance each other, or the 73
operation of one or more motor vehicles over a common selected 74
course, from the same point to the same point, for the purpose 75
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of comparing the relative speeds or power of acceleration of 76
such motor vehicle or motor vehicles within a certain distance 77
or time limit. 78
(e) "Drifting" means a maneuver performed while operating 79
a motor vehicle whereby the motor vehicle is steered so that it 80
makes a controlled skid sideways through a turn with the front 81
wheels pointed in a direction opposite to that of the turn. 82
(f) "Motor vehicle" has the same meaning as in s. 316.003. 83
The term "motor vehicle" also includes any motorcycle, 84
autocycle, moped, all -terrain vehicle, off -road vehicle, or 85
vehicle not licensed to operate on a highway or roadway. 86
(g)(c) "Race" means the use of one or more motor vehicles 87
in competition, arising from a c hallenge to demonstrate 88
superiority of a motor vehicle or driver and the acceptance or 89
competitive response to that challenge, either through a prior 90
arrangement or in immediate response, in which the competitor 91
attempts to outgain or outdistance another m otor vehicle, to 92
prevent another motor vehicle from passing, to arrive at a given 93
destination ahead of another motor vehicle or motor vehicles, or 94
to test the physical stamina or endurance of drivers over long -95
distance driving routes. A race may be prearra nged or may occur 96
through a competitive response to conduct on the part of one or 97
more drivers which, under the totality of the circumstances, can 98
reasonably be interpreted as a challenge to race. 99
(h)(d) "Spectator" means any person who is knowingly 100
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present at and views a drag race or street takeover, when such 101
presence is the result of an affirmative choice to attend or 102
participate in the event race. For purposes of determining 103
whether or not an individual is a spectator, finders of fact 104
shall consider the relationship between the motor vehicle 105
operator racer and the individual, evidence of gambling or 106
betting on the outcome of the event race, filming or recording 107
the event, or posting the event on social media, and any other 108
factor that would tend to sho w knowing attendance or 109
participation. 110
(i) "Street takeover" means the taking over of a portion 111
of a highway, roadway, or parking lot by blocking or impeding 112
the regular flow of traffic to perform a race, drag race, 113
burnout, doughnut, drifting, wheelie, or other stunt driving. 114
(j) "Stunt driving" means to perform or engage in any 115
burnouts, doughnuts, drifting, wheelies, or other dangerous 116
motor vehicle activity on a highway, roadway, or parking lot as 117
part of a street takeover. 118
(k) "Wheelie" means a maneuver performed while operating a 119
motor vehicle whereby a motor vehicle is ridden for a distance 120
with the front wheel or wheels raised off the ground. 121
(2) A person may not: 122
(a) Drive any motor vehicle , including any motorcycle, in 123
any street takeover, stunt driving, race, speed competition or 124
contest, drag race or acceleration contest, test of physical 125
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endurance, or exhibition of speed or acceleration or for the 126
purpose of making a speed record on any highway, roadway, or 127
parking lot; 128
(b) In any manner participate in, coordinate through 129
social media or otherwise , facilitate, or collect moneys at any 130
location for any such race, drag race, street takeover, stunt 131
driving, competition, contest, test, or exhibition; 132
(c) Knowingly ride as a passenger in any such race, drag 133
race, street takeover, stunt driving, competition, contest, 134
test, or exhibition; or 135
(d) Purposefully cause the movement of traffic , including 136
pedestrian traffic, to slow, or stop, or be impeded in any way 137
for any such race, drag race, street takeover, stunt driving, 138
competition, contest, test, or exhibition ; 139
(e) Operate a motor vehicle for the purpose of filming or 140
recording the activities of participants in any such race, drag 141
race, street takeover, stunt driving, competition, cont est, 142
test, or exhibition. This paragraph does not apply to bona fide 143
members of the news media; or 144
(f) Operate a motor vehicle carrying any amount of fuel 145
for the purposes of fueling a motor vehicle involved in any such 146
race, drag race, street takeover, stunt driving, competition, 147
contest, test, or exhibition . 148
(3)(a) Any person who violates subsection (2) commits a 149
misdemeanor of the first degree, punishable as provided in s. 150
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775.082 or s. 775.083. Any person who violates subsection (2) 151
shall pay a fine of not less than $500 and not more than $1,000, 152
and the department shall revoke the driver license of a person 153
so convicted for 1 year. A hearing may be requested pursuant to 154
s. 322.271. 155
(b) Any person who commits a second violation of 156
subsection (2) within 5 years after the date of a prior 157
violation that resulted in a conviction for a violation of 158
subsection (2) commits a misdemeanor of the first degree, 159
punishable as provided in s. 775.082 or s. 775.083, and shall 160
pay a fine of not less than $1,000 and not more than $3,000. The 161
department shall also revoke the driver license of that person 162
for 2 years. A hearing may be requested pursuant to s. 322.271. 163
(c) Any person who commits a third or subsequent violation 164
of subsection (2) within 5 years after th e date of a prior 165
violation that resulted in a conviction for a violation of 166
subsection (2) commits a misdemeanor of the first degree, 167
punishable as provided in s. 775.082 or s. 775.083, and shall 168
pay a fine of not less than $2,000 and not more than $5,000 . The 169
department shall also revoke the driver license of that person 170
for 4 years. A hearing may be requested pursuant to s. 322.271. 171
(d) In any case charging a violation of subsection (2), 172
the court shall be provided a copy of the driving record of the 173
person charged and may obtain any records from any other source 174
to determine if one or more prior convictions of the person for 175
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a violation of subsection (2) have occurred within 5 years 176
before prior to the charged offense. 177
(4)(a) A person may not be a sp ectator at any race, drag 178
race, or street takeover prohibited under subsection (2). 179
(b) A person who violates paragraph (a) commits a 180
noncriminal traffic infraction, punishable as a moving violation 181
as provided in chapter 318. 182
(5) Whenever a law enforcement officer has probable cause 183
to believe that a person violated subsection (2), the officer 184
may arrest and take such person into custody without a warrant. 185
The court may enter an order of impoundment or immobilization as 186
a condition of incarcerati on or probation. Within 7 business 187
days after the date the court issues the order of impoundment or 188
immobilization, the clerk of the court must send notice by 189
certified mail, return receipt requested, to the registered 190
owner of the motor vehicle, if the re gistered owner is a person 191
other than the defendant, and to each person of record claiming 192
a lien against the motor vehicle. 193
(a) Notwithstanding any provision of law to the contrary, 194
the impounding agency shall release a motor vehicle under the 195
conditions provided in s. 316.193(6)(e), (f), (g), and (h), if 196
the owner or agent presents a valid driver license at the time 197
of pickup of the motor vehicle. 198
(b) All costs and fees for the impoundment or 199
immobilization, including the cost of notification, must be paid 200
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by the owner of the motor vehicle or, if the motor vehicle is 201
leased or rented, by the person leasing or renting the motor 202
vehicle, unless the impoundment or immobilization order is 203
dismissed. All provisions of s. 713.78 shall apply. 204
(c) Any motor vehicle used in violation of subsection (2) 205
may be impounded for a period of 30 business days if a law 206
enforcement officer has arrested and taken a person into custody 207
pursuant to this subsection and the person being arrested is the 208
registered owner or co -owner of the motor vehicle. If the 209
arresting officer finds that the criteria of this paragraph are 210
met, the officer may immediately impound the motor vehicle. The 211
law enforcement officer shall notify the Department of Highway 212
Safety and Motor Vehicles of a ny impoundment for violation of 213
this subsection in accordance with procedures established by the 214
department. Paragraphs (a) and (b) shall be applicable to such 215
impoundment. 216
(6) Any motor vehicle used in violation of subsection (2) 217
by any person within 5 years after the date of a prior 218
conviction of that person for a violation under subsection (2) 219
may be seized and forfeited as provided by the Florida 220
Contraband Forfeiture Act. This subsection shall only be 221
applicable if the owner of the motor vehicle is t he person 222
charged with violating subsection (2). 223
(7) This section does not apply to licensed or duly 224
authorized racetracks, drag strips, or other designated areas 225
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set aside by proper authorities for such purposes. 226
Section 2. Subsection (10) of sectio n 316.2397, Florida 227
Statutes, is amended to read: 228
316.2397 Certain lights prohibited; exceptions. — 229
(10)(a) A person who violates subsection (1) and in so 230
doing effects or attempts to effect a stop of another vehicle 231
commits a misdemeanor of the first d egree, punishable as 232
provided in s. 775.082 or s. 775.083. 233
(b) Except as provided in paragraph (a), a violation of 234
this section is a noncriminal traffic infraction, punishable as 235
a nonmoving violation as provided in chapter 318. 236
Section 3. Subsection (20) of section 318.18, Florida 237
Statutes, is amended to read: 238
318.18 Amount of penalties. —The penalties required for a 239
noncriminal disposition pursuant to s. 318.14 or a criminal 240
offense listed in s. 318.17 are as follows: 241
(20) In addition to any othe r penalty, $65 for a violation 242
of s. 316.191, prohibiting racing on highways, street takeovers, 243
and stunt driving, or s. 316.192, prohibiting reckless driving. 244
The additional $65 collected under this subsection shall be 245
remitted to the Department of Revenu e for deposit into the 246
Emergency Medical Services Trust Fund of the Department of 247
Health to be used as provided in s. 395.4036. 248
Section 4. For the purpose of incorporating the amendment 249
made by this act to section 316.191, Florida Statutes, in a 250
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reference thereto, paragraph (c) of subsection (2) of section 251
316.027, Florida Statutes, is reenacted to read: 252
316.027 Crash involving death or personal injuries. — 253
(2) 254
(c) The driver of a vehicle involved in a crash occurring 255
on public or private property which results in the death of a 256
person shall immediately stop the vehicle at the scene of the 257
crash, or as close thereto as possible, and shall remain at the 258
scene of the crash until he or she has fulfilled the 259
requirements of s. 316.062. A person who is a rrested for a 260
violation of this paragraph and who has previously been 261
convicted of a violation of this section, s. 316.061, s. 262
316.191, or s. 316.193, or a felony violation of s. 322.34, 263
shall be held in custody until brought before the court for 264
admittance to bail in accordance with chapter 903. A person who 265
willfully violates this paragraph commits a felony of the first 266
degree, punishable as provided in s. 775.082, s. 775.083, or s. 267
775.084, and shall be sentenced to a mandatory minimum term of 268
imprisonment of 4 years. A person who willfully commits such a 269
violation while driving under the influence as set forth in s. 270
316.193(1) shall be sentenced to a mandatory minimum term of 271
imprisonment of 4 years. 272
Section 5. For the purpose of incorporating the am endment 273
made by this act to section 316.191, Florida Statutes, in 274
references thereto, paragraphs (a) and (b) of subsection (4) of 275
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section 322.0261, Florida Statutes, are reenacted to read: 276
322.0261 Driver improvement course; requirement to 277
maintain driving privileges; failure to complete; department 278
approval of course.— 279
(4)(a) The department shall identify any operator 280
convicted of, or who pleaded nolo contendere to, a violation of 281
s. 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s. 282
316.192 and shall require that operator, in addition to other 283
applicable penalties, to attend a department -approved driver 284
improvement course in order to maintain driving privileges. The 285
department shall, within 10 days after receiving a notice of 286
judicial disposition, send notice to the operator of the 287
requirement to attend a driver improvement course. If the 288
operator fails to complete the course within 90 days after 289
receiving notice from the department, the operator's driver 290
license shall be canceled by the depa rtment until the course is 291
successfully completed. 292
(b) Any operator who receives a traffic citation for a 293
violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or 294
s. 316.192, for which the court withholds adjudication, is not 295
required to attend a d river improvement course, unless the court 296
finds that the nature or severity of the violation is such that 297
attendance to a driver improvement course is necessary. The 298
department shall, within 10 days after receiving a notice of 299
judicial disposition, send n otice to the operator of the 300
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requirement to attend a driver improvement course. If the 301
operator fails to complete the course within 90 days after 302
receiving notice from the department, the operator's driver 303
license shall be canceled by the department until the course is 304
successfully completed. 305
Section 6. Paragraph (d) of subsection (9) of section 306
901.15, Florida Statutes, is amended to read: 307
901.15 When arrest by officer without warrant is lawful. —A 308
law enforcement officer may arrest a person without a warrant 309
when: 310
(9) There is probable cause to believe that the person has 311
committed: 312
(d) A racing, street takeover, or stunt driving violation 313
as described in s. 316.191(2). 314
Section 7. Section 843.08, Florida Statutes, is amended to 315
read: 316
843.08 False personation.—A person who falsely assumes or 317
pretends to be a firefighter, a sheriff, an officer of the 318
Florida Highway Patrol, an officer of the Fish and Wildlife 319
Conservation Commission, an officer of the Department of 320
Environmental Protection, an officer of the Department of 321
Financial Services, any personnel or representative of the 322
Division of Investigative and Forensic Services, an officer of 323
the Department of Corrections, a correctional probation officer, 324
a deputy sheriff, a state attorney or an assistant state 325
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attorney, a statewide prosecutor or an assistant statewide 326
prosecutor, a state attorney investigator, a coroner, a police 327
officer, a lottery special agent or lottery investigator, a 328
beverage enforcement agent, a school guardian as describe d in s. 329
30.15(1)(k), a security officer licensed under chapter 493, any 330
member of the Florida Commission on Offender Review or any 331
administrative aide or supervisor employed by the commission, 332
any personnel or representative of the Department of Law 333
Enforcement, or a federal law enforcement officer as defined in 334
s. 901.1505, and takes upon himself or herself to act as such, 335
or to require any other person to aid or assist him or her in a 336
matter pertaining to the duty of any such officer, commits a 337
felony of the third degree, punishable as provided in s. 338
775.082, s. 775.083, or s. 775.084. However, a person who 339
falsely personates any such officer during the course of the 340
commission of a felony commits a felony of the second degree, 341
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 342
If the commission of the felony results in the death or personal 343
injury of another human being, the person commits a felony of 344
the first degree, punishable as provided in s. 775.082, s. 345
775.083, or s. 775.084. In determining whether a defendant has 346
violated this section, the court or jury may consider any 347
relevant evidence, including, but not limited to, whether the 348
defendant used lights in violation of s. 316.2397 or s. 843.081. 349
Section 8. This act shall take effect October 1, 2022. 350