Florida Senate - 2022 CS for SB 876 By the Committee on Transportation; and Senator Pizzo 596-01967-22 2022876c1 1 A bill to be entitled 2 An act relating to stunt driving on highways; amending 3 s. 316.191, F.S.; defining terms; revising the 4 definition of the term spectator; prohibiting 5 specified acts relating to street takeovers or stunt 6 driving on highways, roadways, or parking lots; 7 prohibiting a person from being a spectator at a 8 street takeover; providing applicability of specified 9 criminal penalties; amending s. 318.18, F.S.; 10 providing applicability of a certain civil penalty; 11 amending s. 901.15, F.S.; conforming a provision to 12 changes made by the act; reenacting s. 322.0261(4)(a) 13 and (b), F.S., relating to driver improvement courses, 14 to incorporate the amendment made to s. 316.191, F.S., 15 in references thereto; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1.Section 316.191, Florida Statutes, is amended to 20 read: 21 316.191Racing on highways, street takeovers, and stunt 22 driving on highways. 23 (1)As used in this section, the term: 24 (a)Burnout means a maneuver performed while operating a 25 motor vehicle whereby the vehicle is kept stationary, or is in 26 motion, while the wheels are spun, the resulting friction 27 causing the vehicles tires to heat up and emit smoke. 28 (b)Conviction means a determination of guilt that is the 29 result of a plea or trial, regardless of whether adjudication is 30 withheld. 31 (c)Doughnut means a maneuver performed while operating a 32 motor vehicle whereby the front or rear of the vehicle is 33 rotated around the opposite set of wheels in a continuous motion 34 which may cause a circular skid-mark pattern of rubber on the 35 driving surface or the tires to heat up and emit smoke from 36 friction, or both. 37 (d)(b)Drag race means the operation of two or more motor 38 vehicles from a point side by side at accelerating speeds in a 39 competitive attempt to outdistance each other, or the operation 40 of one or more motor vehicles over a common selected course, 41 from the same point to the same point, for the purpose of 42 comparing the relative speeds or power of acceleration of such 43 motor vehicle or motor vehicles within a certain distance or 44 time limit. 45 (e)Drifting means a maneuver performed while operating a 46 motor vehicle whereby the vehicle is steered so that it makes a 47 controlled skid sideways through a turn with the front wheels 48 pointed in a direction opposite to that of the turn. 49 (f)(c)Race means the use of one or more motor vehicles 50 in competition, arising from a challenge to demonstrate 51 superiority of a motor vehicle or driver and the acceptance or 52 competitive response to that challenge, either through a prior 53 arrangement or in immediate response, in which the competitor 54 attempts to outgain or outdistance another motor vehicle, to 55 prevent another motor vehicle from passing, to arrive at a given 56 destination ahead of another motor vehicle or motor vehicles, or 57 to test the physical stamina or endurance of drivers over long 58 distance driving routes. A race may be prearranged or may occur 59 through a competitive response to conduct on the part of one or 60 more drivers which, under the totality of the circumstances, can 61 reasonably be interpreted as a challenge to race. 62 (g)(d)Spectator means any person who is knowingly 63 present at and views a drag race or street takeover, when such 64 presence is the result of an affirmative choice to attend or 65 participate in the event race. For purposes of determining 66 whether or not an individual is a spectator, finders of fact 67 shall consider the relationship between the motor vehicle 68 operator racer and the individual, evidence of gambling or 69 betting on the outcome of the event race, and any other factor 70 that would tend to show knowing attendance or participation. 71 (h)Street takeover means the taking over of a portion of 72 a highway or roadway by blocking or impeding the regular flow of 73 traffic to perform burnouts, doughnuts, drifting, wheelies, or 74 other stunt driving. 75 (i)Stunt driving means to perform or engage in any 76 burnouts, doughnuts, drifting, wheelies, or other activity on a 77 roadway or highway which is likely to delay, distract, startle, 78 or interfere with other users of the roadway or highway. 79 (j)Wheelie means a maneuver performed while operating a 80 motor vehicle whereby a motorcycle or other motor vehicle is 81 ridden for a distance with the front wheel or wheels raised off 82 the ground. 83 (2)A person may not: 84 (a)Drive any motor vehicle, including any motorcycle, in 85 any street takeover, stunt driving, race, speed competition or 86 contest, drag race or acceleration contest, test of physical 87 endurance, or exhibition of speed or acceleration or for the 88 purpose of making a speed record on any highway, roadway, or 89 parking lot; 90 (b)In any manner participate in, coordinate, facilitate, 91 or collect moneys at any location for any such race, street 92 takeover, stunt driving, competition, contest, test, or 93 exhibition; 94 (c)Knowingly ride as a passenger in any such race, street 95 takeover, stunt driving, competition, contest, test, or 96 exhibition; or 97 (d)Purposefully cause the movement of traffic to slow or 98 stop for any such race, street takeover, stunt driving, 99 competition, contest, test, or exhibition. 100 (3)(a)Any person who violates subsection (2) commits a 101 misdemeanor of the first degree, punishable as provided in s. 102 775.082 or s. 775.083. Any person who violates subsection (2) 103 shall pay a fine of not less than $500 and not more than $1,000, 104 and the department shall revoke the driver license of a person 105 so convicted for 1 year. A hearing may be requested pursuant to 106 s. 322.271. 107 (b)Any person who commits a second violation of subsection 108 (2) within 5 years after the date of a prior violation that 109 resulted in a conviction for a violation of subsection (2) 110 commits a misdemeanor of the first degree, punishable as 111 provided in s. 775.082 or s. 775.083, and shall pay a fine of 112 not less than $1,000 and not more than $3,000. The department 113 shall also revoke the driver license of that person for 2 years. 114 A hearing may be requested pursuant to s. 322.271. 115 (c)Any person who commits a third or subsequent violation 116 of subsection (2) within 5 years after the date of a prior 117 violation that resulted in a conviction for a violation of 118 subsection (2) commits a misdemeanor of the first degree, 119 punishable as provided in s. 775.082 or s. 775.083, and shall 120 pay a fine of not less than $2,000 and not more than $5,000. The 121 department shall also revoke the driver license of that person 122 for 4 years. A hearing may be requested pursuant to s. 322.271. 123 (d)In any case charging a violation of subsection (2), the 124 court shall be provided a copy of the driving record of the 125 person charged and may obtain any records from any other source 126 to determine if one or more prior convictions of the person for 127 a violation of subsection (2) have occurred within 5 years prior 128 to the charged offense. 129 (4)(a)A person may not be a spectator at any drag race or 130 street takeover prohibited under subsection (2). 131 (b)A person who violates paragraph (a) commits a 132 noncriminal traffic infraction, punishable as a moving violation 133 as provided in chapter 318. 134 (5)Whenever a law enforcement officer has probable cause 135 to believe that a person violated subsection (2), the officer 136 may arrest and take such person into custody without a warrant. 137 The court may enter an order of impoundment or immobilization as 138 a condition of incarceration or probation. Within 7 business 139 days after the date the court issues the order of impoundment or 140 immobilization, the clerk of the court must send notice by 141 certified mail, return receipt requested, to the registered 142 owner of the motor vehicle, if the registered owner is a person 143 other than the defendant, and to each person of record claiming 144 a lien against the motor vehicle. 145 (a)Notwithstanding any provision of law to the contrary, 146 the impounding agency shall release a motor vehicle under the 147 conditions provided in s. 316.193(6)(e), (f), (g), and (h), if 148 the owner or agent presents a valid driver license at the time 149 of pickup of the motor vehicle. 150 (b)All costs and fees for the impoundment or 151 immobilization, including the cost of notification, must be paid 152 by the owner of the motor vehicle or, if the motor vehicle is 153 leased or rented, by the person leasing or renting the motor 154 vehicle, unless the impoundment or immobilization order is 155 dismissed. All provisions of s. 713.78 shall apply. 156 (c)Any motor vehicle used in violation of subsection (2) 157 may be impounded for a period of 30 business days if a law 158 enforcement officer has arrested and taken a person into custody 159 pursuant to this subsection and the person being arrested is the 160 registered owner or co-owner of the motor vehicle. If the 161 arresting officer finds that the criteria of this paragraph are 162 met, the officer may immediately impound the motor vehicle. The 163 law enforcement officer shall notify the Department of Highway 164 Safety and Motor Vehicles of any impoundment for violation of 165 this subsection in accordance with procedures established by the 166 department. Paragraphs (a) and (b) shall be applicable to such 167 impoundment. 168 (6)Any motor vehicle used in violation of subsection (2) 169 by any person within 5 years after the date of a prior 170 conviction of that person for a violation under subsection (2) 171 may be seized and forfeited as provided by the Florida 172 Contraband Forfeiture Act. This subsection shall only be 173 applicable if the owner of the motor vehicle is the person 174 charged with violating subsection (2). 175 (7)This section does not apply to licensed or duly 176 authorized racetracks, drag strips, or other designated areas 177 set aside by proper authorities for such purposes. 178 Section 2.Subsection (20) of section 318.18, Florida 179 Statutes, is amended to read: 180 318.18Amount of penalties.The penalties required for a 181 noncriminal disposition pursuant to s. 318.14 or a criminal 182 offense listed in s. 318.17 are as follows: 183 (20)In addition to any other penalty, $65 for a violation 184 of s. 316.191, prohibiting racing on highways, street takeovers, 185 and stunt driving on highways, or s. 316.192, prohibiting 186 reckless driving. The additional $65 collected under this 187 subsection shall be remitted to the Department of Revenue for 188 deposit into the Emergency Medical Services Trust Fund of the 189 Department of Health to be used as provided in s. 395.4036. 190 Section 3.Paragraph (d) of subsection (9) of section 191 901.15, Florida Statutes, is amended to read: 192 901.15When arrest by officer without warrant is lawful.A 193 law enforcement officer may arrest a person without a warrant 194 when: 195 (9)There is probable cause to believe that the person has 196 committed: 197 (d)A racing, street takeover, or stunt driving violation 198 as described in s. 316.191(2). 199 Section 4.For the purpose of incorporating the amendment 200 made by this act to section 316.191, Florida Statutes, in 201 references thereto, paragraphs (a) and (b) of subsection (4) of 202 section 322.0261, Florida Statutes, are reenacted to read: 203 322.0261Driver improvement course; requirement to maintain 204 driving privileges; failure to complete; department approval of 205 course. 206 (4)(a)The department shall identify any operator convicted 207 of, or who pleaded nolo contendere to, a violation of s. 208 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s. 209 316.192 and shall require that operator, in addition to other 210 applicable penalties, to attend a department-approved driver 211 improvement course in order to maintain driving privileges. The 212 department shall, within 10 days after receiving a notice of 213 judicial disposition, send notice to the operator of the 214 requirement to attend a driver improvement course. If the 215 operator fails to complete the course within 90 days after 216 receiving notice from the department, the operators driver 217 license shall be canceled by the department until the course is 218 successfully completed. 219 (b)Any operator who receives a traffic citation for a 220 violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or 221 s. 316.192, for which the court withholds adjudication, is not 222 required to attend a driver improvement course, unless the court 223 finds that the nature or severity of the violation is such that 224 attendance to a driver improvement course is necessary. The 225 department shall, within 10 days after receiving a notice of 226 judicial disposition, send notice to the operator of the 227 requirement to attend a driver improvement course. If the 228 operator fails to complete the course within 90 days after 229 receiving notice from the department, the operators driver 230 license shall be canceled by the department until the course is 231 successfully completed. 232 Section 5.This act shall take effect October 1, 2022.