Florida 2022 2022 Regular Session

Florida House Bill H0399 Analysis / Analysis

Filed 02/21/2022

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0399d.JDC 
DATE: 2/21/2022 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
BILL #: CS/CS/HB 399    Motor Vehicle and Vessel Law Enforcement 
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee, Criminal Justice & Public Safety 
Subcommittee, Rodriguez 
TIED BILLS:   IDEN./SIM. BILLS: 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  	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 probable 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/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 “burnout,” 
“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 stunt 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 increases the penalty for using certain lights on vehicles and vessels from a noncriminal traffic 
infraction to a first degree misdemeanor or a third degree felony. 
 
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. The bill may have a positive indeterminate impact on 
prison and jail beds by prohibiting additional conduct punishable as a misdemeanor or felony offense. 
 
The bill provides an effective date of July 1, 2022.   STORAGE NAME: h0399d.JDC 	PAGE: 2 
DATE: 2/21/2022 
  
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 building, killing 1, was being followed by 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. 17, 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. 17, 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. 17, 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. 17, 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. 17, 
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. 17, 2022). 
7
 Id. 
8
 S. 316.191(1)(c), F.S.  STORAGE NAME: h0399d.JDC 	PAGE: 3 
DATE: 2/21/2022 
  
 Two
9
 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. 17, 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.   STORAGE NAME: h0399d.JDC 	PAGE: 4 
DATE: 2/21/2022 
  
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 white 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 lights 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.  STORAGE NAME: h0399d.JDC 	PAGE: 5 
DATE: 2/21/2022 
  
Flashing Lights on Vehicles 
 
Section 316.2397, F.S., also prohibits flashing lights on vehicles except under specified circumstances, 
such as: 
 As a means of indicating a right or left turn, to change lanes, or to indicate that the vehicle is 
lawfully stopped or disabled upon the highway; 
 When a motorist intermittently flashes his or her vehicle’s headlamps at an oncoming vehicle 
notwithstanding the motorist’s intent for doing so;  
 During periods of extreme low visibility on roadways with a posted speed limit of 55 miles per 
hour or more; and 
 For certain lamps authorized in statute, which may flash, including various types of emergency 
vehicles.
26
 
 
Any violation of s. 316.2397, F.S., is a noncriminal traffic infraction, punishable as a nonmoving 
violation.
27
 
 
Prohibited Use of Blue Lights on Vehicles and Vessels 
 
Section 843.081, F.S., provides legislative intent indicating that Florida citizens are vulnerable to 
becoming the victims of criminal acts through the illegal use of blue lights by the criminal elements, and 
that the Legislature intends to reduce this vulnerability to injury and loss of life and property by 
prohibiting the use of certain blue lights by any person other than an authorized law enforcement 
officer. A person commits a first degree misdemeanor if he or she uses any flashing or rotating blue 
lights
28
 in or on any nongovernmentally owned vehicle or vessel, unless he or she is a law enforcement 
officer employed by a federal, state, county, or city law enforcement agency, or is appointed as a 
special officer by the Governor under ch. 354, F.S.
29
 
 
False Personation 
 
Section 843.08, F.S., prohibits the false personation of any of the following law enforcement officers or 
other specified persons:  
 Firefighter; 
 Sheriff; 
 Officer of the Florida Highway Patrol; 
 Officer of the Fish and Wildlife Conservation Commission; 
 Fire or arson investigator of the Department of Financial Services; 
 Officer of the Department of Financial Services; 
 Officer of the Department of Corrections; 
 Correctional probation officer; 
 Deputy sheriff; 
 State attorney or assistant state attorney; 
 Statewide prosecutor or assistant statewide prosecutor; 
 State attorney investigator; 
 Coroner; 
 Police officer; 
 Lottery special agent or lottery investigator; 
 Beverage enforcement agent; 
 Watchman (a security officer licensed under ch. 493, F.S.); 
 Any member of the Florida Commission on Offender Review and any administrative aide or 
supervisor employed by the commission; 
                                                
26
 S. 316.2397(7), F.S. 
27
 S. 316.2397(10), F.S. 
28
 “Flashing or rotating blue light” includes all forms of lights which display a blue light source or which were designed with the intent of 
displaying a blue light source whether or not such light is actually in use. S. 843.081(4), F.S. 
29
 A salesperson, service representative, or other employee of a businesses licensed to sell or repair law enforcement equipment is 
exempt from criminal liability. S. 843.081(3), F.S.  STORAGE NAME: h0399d.JDC 	PAGE: 6 
DATE: 2/21/2022 
  
 Any personnel or representative of the FDLE; or 
 Federal law enforcement officer as defined in s. 901.1505, F.S. 
 
A person commits the offense of false personation if he or she falsely assumes or pretends to be any 
person specified in s. 843.08, F.S., and takes it upon himself or herself to act as such person, or 
requires any other person to aid or assist him or her in a matter pertaining to the duty of any such 
specified person. 
 
False personation is generally a third degree felony.
30
 However, false personation becomes a second 
degree felony
31
 if committed during the course of committing another felony offense, unless the offense 
results in the death or personal injury of another human being, in which case the offense of false 
personation is a first degree felony.
32, 33
 
 
Effect of Proposed Changes 
 
CS/CS/HB 399 amends s. 316.191, F.S., to provide the following definitions: 
 "Burnout" means a maneuver performed while operating a motor vehicle whereby the motor 
vehicle is kept stationary, or is in motion, while the wheels are spun, resulting in friction which 
causes the motor vehicle's tires to heat up and emit smoke. 
 "Doughnut" means a maneuver performed while operating a motor vehicle whereby the front or 
rear of the motor vehicle is rotated around the opposite set of wheels in a continuous motion, 
resulting in friction which may cause a circular skid-mark pattern of rubber on the driving 
surface, may cause the motor vehicle's tires to heat up and emit smoke, or both. 
 "Drifting" means a maneuver performed while operating a motor vehicle whereby the motor 
vehicle is steered so that it makes a controlled skid sideways through a turn with the front 
wheels pointed in a direction opposite to that of the turn. 
 "Street takeover" means the use of one or more motor vehicles to block or impede the regular 
flow of traffic on any portion of a highway, roadway, or parking lot for the purpose of performing 
any burnout, doughnut, drifting, wheelie, or other stunt driving. 
 "Stunt driving" means to perform or engage in any burnout, doughnut, drifting, wheelie, or other 
dangerous motor vehicle activity on a highway, roadway, or parking as part of a street takeover.  
 "Wheelie" means a maneuver performed while operating a motor vehicle whereby a motor 
vehicle is ridden for a distance with the front wheel or wheels raised off the driving surface. 
 
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. Additionally, under the bill a 
person commits a first degree misdemeanor offense if he or she: 
 Purposely interrupts the movement of pedestrian traffic for any such prohibited event; or 
 Operates a motor vehicle for the purpose of: 
o Filming or recording the activities of participants in any race, drag race, street takeover, 
stunt driving, competition, contest, test, or exhibition; or 
o Carrying any amount of fuel intended to be used for fueling a motor vehicle involved in 
any race, drag race, street takeover, stunt driving, competition, contest, test, or 
exhibition. 
 
The bill 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. The bill also amends the noncriminal traffic infraction for being a spectator at a drag race to 
include a prohibition on being a spectator at a race or street takeover. 
 
                                                
30
 A third degree felony is punishable by up to five years in prison and a $5,000 fine. Ss. 775.082 and 775.083, F.S. 
31
 A second degree felony is punishable by up to 15 years in prison and a $10,000 fine. Ss. 775.082 and 775.083, F.S. 
32
 A first degree felony is punishable by up to 30 years in prison and a $10,000 fine. Ss. 775.082 and 775.083, F.S. 
33
 False personation under s. 843.08, F.S., is ranked as a level 2 offense on the Criminal Punishment Code offense severity ranking 
chart. S. 921.0022(3)(b), F.S.  STORAGE NAME: h0399d.JDC 	PAGE: 7 
DATE: 2/21/2022 
  
The bill adds street takeovers and stunt driving to the list of violations requiring an offender to pay a $65 
penalty in addition to any other penalty, which is remitted to the Department of Revenue for deposit into 
the Emergency Medical Services Trust Fund of the Department of Health. 
 
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. An 
officer may already arrest a person without a warrant for current racing offenses. 
 
The bill increases the penalty for using flashing lights or other lights on a vehicle in violation of s. 
316.2397, F.S., from a noncriminal traffic infraction to a first degree misdemeanor. The bill also amends 
the crime of false personation to provide that a person who takes upon himself or herself to act as an 
officer or person listed in s. 843.08, F.S., including by using prohibited flashing lights in violation of s. 
316.2397, F.S., or prohibited blue lights in violation of s. 843.081, F.S., commits an offense, which is 
punishable as a third degree felony.
34
 
 
The bill provides an effective date of July 1, 2022. 
 
 
B. SECTION DIRECTORY: 
Section 1: Amends s. 316.191, F.S., relating to racing on highways. 
Section 2: Amends s. 316.2397, F.S., relating to certain lights prohibited; exceptions. 
Section 3: Amends s. 318.18, F.S., relating to amount of penalties. 
Section 4: Reenacts s. 316.027, F.S., relating to crash involving death or personal injuries. 
Section 5: Reenacts s. 322.0261, F.S., relating to driver improvement course; requirement to maintain 
driving privileges; failure to complete; department approval of course. 
Section 6: Reenacts s. 901.15, F.S., relating to when arrest by officer without warrant is lawful. 
Section 7: Amends s. 843.08, F.S., relating to false personation. 
Section 8: Provides an effective date of July 1, 2022. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
The bill may have a positive indeterminate impact on state entities which receive fines and fees 
collected from the new conduct which, under the bill, is considered a misdemeanor crime related to 
street takeovers and stunt driving. 
 
2. Expenditures: 
The bill may have a positive indeterminate impact on prison beds by prohibiting additional conduct 
punishable as a felony offense. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
The bill may have a positive indeterminate impact on local government entities which may receive 
monies collected from the new conduct considered a noncriminal traffic infraction for being a 
spectator at a race or street takeover. 
 
The bill may have a positive indeterminate impact on The Emergency Medical Services Trust Fund 
of the Department of Health by adding street takeovers and stunt driving to the list of violations 
which require a $65 penalty, in addition to any other penalty, under s. 318.18(20), F.S. 
                                                
34
 Or may be punishable as a: second degree felony if committed during the course of committing another felony offense; or as a first 
degree felony if the offense results in the death or personal injury of another human being. S. 843.08, F.S.  STORAGE NAME: h0399d.JDC 	PAGE: 8 
DATE: 2/21/2022 
  
 
2. Expenditures: 
The bill may have a positive indeterminate impact on the number of jail beds by creating new 
conduct punishable as a misdemeanor crime relating to racing, street takeovers, and related stunt 
driving. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
None. 
 
D. FISCAL COMMENTS: 
None. 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
Not applicable. The bill does not appear to affect county or municipal governments. 
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
Not applicable. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
On February 3, 2022, the Criminal Justice & Public Safety Subcommittee adopted an amendment and 
reported the bill favorably as a committee substitute. The amendment: 
 Provided definitions for the terms “burnout,” “doughnut,” “drifting,” “motor vehicle,” “stunt driving,” 
and “wheelie.” 
 Replaced the term “takeover ride” with the term “street takeover” and amended the definition of the 
term. 
 Made other technical, clarifying, and conforming changes. 
 
On February 15, 2022, the Tourism, Infrastructure & Energy Subcommittee adopted an amendment and 
reported the bill favorably as a committee substitute. The amendment: 
 Prohibited stunt driving only if it takes place as part of a street takeover. 
 
This analysis is drafted to the committee substitute as passed by the Tourism, Infrastructure & Energy 
Subcommittee.