Florida Senate - 2022 CS for CS for SB 876 By the Committees on Criminal Justice; and Transportation; and Senators Pizzo and Rodrigues 591-02598-22 2022876c2 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 the operation of a vehicle for specified 8 purposes; providing an exception; prohibiting the 9 operation of a vehicle in a manner that would 10 constitute a street takeover; prohibiting a person 11 from being a spectator at a street takeover; providing 12 applicability of specified criminal penalties; 13 amending s. 316.2397, F.S.; providing criminal 14 penalties for unlawful use of certain lights; amending 15 s. 318.18, F.S.; providing applicability of a certain 16 civil penalty; amending s. 843.08, F.S.; prohibiting a 17 person from falsely assuming or pretending to be 18 specified persons by the unlawful use of certain 19 lights; providing criminal penalties; amending s. 20 901.15, F.S.; conforming a provision to changes made 21 by the act; reenacting ss. 316.027(2)(c) and 22 322.0261(4)(a) and (b), F.S., relating to crashes 23 involving death or personal injuries and driver 24 improvement courses, respectively, to incorporate the 25 amendment made to s. 316.191, F.S., in references 26 thereto; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1.Section 316.191, Florida Statutes, is amended to 31 read: 32 316.191Racing on highways, street takeovers, and stunt 33 driving on highways. 34 (1)As used in this section, the term: 35 (a)Burnout means a maneuver performed while operating a 36 motor vehicle whereby the vehicle is kept stationary, or is in 37 motion, while the wheels are spun, the resulting friction 38 causing the vehicles tires to heat up and emit smoke. 39 (b)Conviction means a determination of guilt that is the 40 result of a plea or trial, regardless of whether adjudication is 41 withheld. 42 (c)Doughnut means a maneuver performed while operating a 43 motor vehicle whereby the front or rear of the vehicle is 44 rotated around the opposite set of wheels in a continuous motion 45 which may cause a circular skid-mark pattern of rubber on the 46 driving surface or the tires to heat up and emit smoke from 47 friction, or both. 48 (d)(b)Drag race means the operation of two or more motor 49 vehicles from a point side by side at accelerating speeds in a 50 competitive attempt to outdistance each other, or the operation 51 of one or more motor vehicles over a common selected course, 52 from the same point to the same point, for the purpose of 53 comparing the relative speeds or power of acceleration of such 54 motor vehicle or motor vehicles within a certain distance or 55 time limit. 56 (e)Drifting means a maneuver performed while operating a 57 motor vehicle whereby the vehicle is steered so that it makes a 58 controlled skid sideways through a turn with the front wheels 59 pointed in a direction opposite to that of the turn. 60 (f)(c)Race means the use of one or more motor vehicles 61 in competition, arising from a challenge to demonstrate 62 superiority of a motor vehicle or driver and the acceptance or 63 competitive response to that challenge, either through a prior 64 arrangement or in immediate response, in which the competitor 65 attempts to outgain or outdistance another motor vehicle, to 66 prevent another motor vehicle from passing, to arrive at a given 67 destination ahead of another motor vehicle or motor vehicles, or 68 to test the physical stamina or endurance of drivers over long 69 distance driving routes. A race may be prearranged or may occur 70 through a competitive response to conduct on the part of one or 71 more drivers which, under the totality of the circumstances, can 72 reasonably be interpreted as a challenge to race. 73 (g)(d)Spectator means any person who is knowingly 74 present at and views a drag race or street takeover, when such 75 presence is the result of an affirmative choice to attend or 76 participate in the event race. For purposes of determining 77 whether or not an individual is a spectator, finders of fact 78 shall consider the relationship between the motor vehicle 79 operator racer and the individual, evidence of gambling or 80 betting on the outcome of the event race, filming or recording 81 the event, or posting the event on social media, and any other 82 factor that would tend to show knowing attendance or 83 participation. 84 (h)Street takeover means the taking over of a portion of 85 a highway or roadway by blocking or impeding the regular flow of 86 traffic to perform burnouts, doughnuts, drifting, wheelies, or 87 other stunt driving. 88 (i)Stunt driving means to perform or engage in any 89 burnouts, doughnuts, drifting, wheelies, or other activity on a 90 roadway or highway which is likely to delay, distract, startle, 91 or interfere with other users of the roadway or highway. 92 (j)Wheelie means a maneuver performed while operating a 93 motor vehicle whereby a motorcycle or other motor vehicle is 94 ridden for a distance with the front wheel or wheels raised off 95 the ground. 96 (2)A person may not: 97 (a)Drive any motor vehicle, including any motorcycle, 98 autocycle, moped, all-terrain vehicle, off-road vehicle, or 99 vehicle not licensed to operate on a highway or roadway, in any 100 street takeover, stunt driving, race, speed competition or 101 contest, drag race or acceleration contest, test of physical 102 endurance, or exhibition of speed or acceleration or for the 103 purpose of making a speed record or exhibiting the vehicles 104 performance capabilities and drivers abilities on any highway, 105 roadway, or parking lot; 106 (b)In any manner participate in, coordinate through social 107 media or otherwise, facilitate, or collect moneys at any 108 location for any such race, drag race, street takeover, stunt 109 driving, competition, contest, test, or exhibition; 110 (c)Knowingly ride as a passenger in any such race, drag 111 race, street takeover, stunt driving, competition, contest, 112 test, or exhibition; or 113 (d)Purposefully cause the movement of traffic, including 114 pedestrian traffic, to slow, or stop, or be impeded in any way 115 for any such race, drag race, street takeover, stunt driving, 116 competition, contest, test, or exhibition; 117 (e)Operate a vehicle for the purpose of filming or 118 recording the activities of participants in any such race, drag 119 race, street takeover, stunt driving, competition, contest, 120 test, or exhibition. This paragraph does not apply to bona fide 121 members of the news media; 122 (f)Operate a vehicle carrying any amount of fuel for the 123 purposes of fueling a vehicle involved in any such race, drag 124 race, street takeover, stunt driving, competition, contest, 125 test, or exhibition; or 126 (g)Operate a vehicle in a manner that would constitute 127 participation in a street takeover. 128 (3)(a)Any person who violates subsection (2) commits a 129 misdemeanor of the first degree, punishable as provided in s. 130 775.082 or s. 775.083. Any person who violates subsection (2) 131 shall pay a fine of not less than $500 and not more than $1,000, 132 and the department shall revoke the driver license of a person 133 so convicted for 1 year. A hearing may be requested pursuant to 134 s. 322.271. 135 (b)Any person who commits a second violation of subsection 136 (2) within 5 years after the date of a prior violation that 137 resulted in a conviction for a violation of subsection (2) 138 commits a misdemeanor of the first degree, punishable as 139 provided in s. 775.082 or s. 775.083, and shall pay a fine of 140 not less than $1,000 and not more than $3,000. The department 141 shall also revoke the driver license of that person for 2 years. 142 A hearing may be requested pursuant to s. 322.271. 143 (c)Any person who commits a third or subsequent violation 144 of subsection (2) within 5 years after the date of a prior 145 violation that resulted in a conviction for a violation of 146 subsection (2) commits a misdemeanor of the first degree, 147 punishable as provided in s. 775.082 or s. 775.083, and shall 148 pay a fine of not less than $2,000 and not more than $5,000. The 149 department shall also revoke the driver license of that person 150 for 4 years. A hearing may be requested pursuant to s. 322.271. 151 (d)In any case charging a violation of subsection (2), the 152 court shall be provided a copy of the driving record of the 153 person charged and may obtain any records from any other source 154 to determine if one or more prior convictions of the person for 155 a violation of subsection (2) have occurred within 5 years prior 156 to the charged offense. 157 (4)(a)A person may not be a spectator at any race, drag 158 race, or street takeover prohibited under subsection (2). 159 (b)A person who violates paragraph (a) commits a 160 noncriminal traffic infraction, punishable as a moving violation 161 as provided in chapter 318. 162 (5)Whenever a law enforcement officer has probable cause 163 to believe that a person violated subsection (2), the officer 164 may arrest and take such person into custody without a warrant. 165 The court may enter an order of impoundment or immobilization as 166 a condition of incarceration or probation. Within 7 business 167 days after the date the court issues the order of impoundment or 168 immobilization, the clerk of the court must send notice by 169 certified mail, return receipt requested, to the registered 170 owner of the motor vehicle, if the registered owner is a person 171 other than the defendant, and to each person of record claiming 172 a lien against the motor vehicle. 173 (a)Notwithstanding any provision of law to the contrary, 174 the impounding agency shall release a motor vehicle under the 175 conditions provided in s. 316.193(6)(e), (f), (g), and (h), if 176 the owner or agent presents a valid driver license at the time 177 of pickup of the motor vehicle. 178 (b)All costs and fees for the impoundment or 179 immobilization, including the cost of notification, must be paid 180 by the owner of the motor vehicle or, if the motor vehicle is 181 leased or rented, by the person leasing or renting the motor 182 vehicle, unless the impoundment or immobilization order is 183 dismissed. All provisions of s. 713.78 shall apply. 184 (c)Any motor vehicle used in violation of subsection (2) 185 may be impounded for a period of 30 business days if a law 186 enforcement officer has arrested and taken a person into custody 187 pursuant to this subsection and the person being arrested is the 188 registered owner or co-owner of the motor vehicle. If the 189 arresting officer finds that the criteria of this paragraph are 190 met, the officer may immediately impound the motor vehicle. The 191 law enforcement officer shall notify the Department of Highway 192 Safety and Motor Vehicles of any impoundment for violation of 193 this subsection in accordance with procedures established by the 194 department. Paragraphs (a) and (b) shall be applicable to such 195 impoundment. 196 (6)Any motor vehicle used in violation of subsection (2) 197 by any person within 5 years after the date of a prior 198 conviction of that person for a violation under subsection (2) 199 may be seized and forfeited as provided by the Florida 200 Contraband Forfeiture Act. This subsection shall only be 201 applicable if the owner of the motor vehicle is the person 202 charged with violating subsection (2). 203 (7)This section does not apply to licensed or duly 204 authorized racetracks, drag strips, or other designated areas 205 set aside by proper authorities for such purposes. 206 Section 2.Subsection (10) of section 316.2397, Florida 207 Statutes, is amended to read: 208 316.2397Certain lights prohibited; exceptions. 209 (10)A person who violates violation of this section 210 commits a misdemeanor of the first degree is a noncriminal 211 traffic infraction, punishable as a nonmoving violation as 212 provided in s. 775.082 or s. 775.083 chapter 318. 213 Section 3.Subsection (20) of section 318.18, Florida 214 Statutes, is amended to read: 215 318.18Amount of penalties.The penalties required for a 216 noncriminal disposition pursuant to s. 318.14 or a criminal 217 offense listed in s. 318.17 are as follows: 218 (20)In addition to any other penalty, $65 for a violation 219 of s. 316.191, prohibiting racing on highways, street takeovers, 220 and stunt driving on highways, or s. 316.192, prohibiting 221 reckless driving. The additional $65 collected under this 222 subsection shall be remitted to the Department of Revenue for 223 deposit into the Emergency Medical Services Trust Fund of the 224 Department of Health to be used as provided in s. 395.4036. 225 Section 4.Section 843.08, Florida Statutes, is amended to 226 read: 227 843.08False personation.A person who falsely assumes or 228 pretends to be a firefighter, a sheriff, an officer of the 229 Florida Highway Patrol, an officer of the Fish and Wildlife 230 Conservation Commission, an officer of the Department of 231 Environmental Protection, an officer of the Department of 232 Financial Services, any personnel or representative of the 233 Division of Investigative and Forensic Services, an officer of 234 the Department of Corrections, a correctional probation officer, 235 a deputy sheriff, a state attorney or an assistant state 236 attorney, a statewide prosecutor or an assistant statewide 237 prosecutor, a state attorney investigator, a coroner, a police 238 officer, a lottery special agent or lottery investigator, a 239 beverage enforcement agent, a school guardian as described in s. 240 30.15(1)(k), a security officer licensed under chapter 493, any 241 member of the Florida Commission on Offender Review or any 242 administrative aide or supervisor employed by the commission, 243 any personnel or representative of the Department of Law 244 Enforcement, or a federal law enforcement officer as defined in 245 s. 901.1505, and takes upon himself or herself to act as such, 246 including by using lights in violation of s. 316.2397 or s. 247 843.081, or to require any other person to aid or assist him or 248 her in a matter pertaining to the duty of any such officer, 249 commits a felony of the third degree, punishable as provided in 250 s. 775.082, s. 775.083, or s. 775.084. However, a person who 251 falsely personates any such officer during the course of the 252 commission of a felony commits a felony of the second degree, 253 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 254 If the commission of the felony results in the death or personal 255 injury of another human being, the person commits a felony of 256 the first degree, punishable as provided in s. 775.082, s. 257 775.083, or s. 775.084. 258 Section 5.Paragraph (d) of subsection (9) of section 259 901.15, Florida Statutes, is amended to read: 260 901.15When arrest by officer without warrant is lawful.A 261 law enforcement officer may arrest a person without a warrant 262 when: 263 (9)There is probable cause to believe that the person has 264 committed: 265 (d)A racing, street takeover, or stunt driving violation 266 as described in s. 316.191(2). 267 Section 6.For the purpose of incorporating the amendment 268 made by this act to section 316.191, Florida Statutes, in a 269 reference thereto, paragraph (c) of subsection (2) of section 270 316.027, Florida Statutes, is reenacted to read: 271 316.027Crash involving death or personal injuries. 272 (2) 273 (c)The driver of a vehicle involved in a crash occurring 274 on public or private property which results in the death of a 275 person shall immediately stop the vehicle at the scene of the 276 crash, or as close thereto as possible, and shall remain at the 277 scene of the crash until he or she has fulfilled the 278 requirements of s. 316.062. A person who is arrested for a 279 violation of this paragraph and who has previously been 280 convicted of a violation of this section, s. 316.061, s. 281 316.191, or s. 316.193, or a felony violation of s. 322.34, 282 shall be held in custody until brought before the court for 283 admittance to bail in accordance with chapter 903. A person who 284 willfully violates this paragraph commits a felony of the first 285 degree, punishable as provided in s. 775.082, s. 775.083, or s. 286 775.084, and shall be sentenced to a mandatory minimum term of 287 imprisonment of 4 years. A person who willfully commits such a 288 violation while driving under the influence as set forth in s. 289 316.193(1) shall be sentenced to a mandatory minimum term of 290 imprisonment of 4 years. 291 Section 7.For the purpose of incorporating the amendment 292 made by this act to section 316.191, Florida Statutes, in 293 references thereto, paragraphs (a) and (b) of subsection (4) of 294 section 322.0261, Florida Statutes, are reenacted to read: 295 322.0261Driver improvement course; requirement to maintain 296 driving privileges; failure to complete; department approval of 297 course. 298 (4)(a)The department shall identify any operator convicted 299 of, or who pleaded nolo contendere to, a violation of s. 300 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s. 301 316.192 and shall require that operator, in addition to other 302 applicable penalties, to attend a department-approved driver 303 improvement course in order to maintain driving privileges. The 304 department shall, within 10 days after receiving a notice of 305 judicial disposition, send notice to the operator of the 306 requirement to attend a driver improvement course. If the 307 operator fails to complete the course within 90 days after 308 receiving notice from the department, the operators driver 309 license shall be canceled by the department until the course is 310 successfully completed. 311 (b)Any operator who receives a traffic citation for a 312 violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or 313 s. 316.192, for which the court withholds adjudication, is not 314 required to attend a driver improvement course, unless the court 315 finds that the nature or severity of the violation is such that 316 attendance to a driver improvement course is necessary. The 317 department shall, within 10 days after receiving a notice of 318 judicial disposition, send notice to the operator of the 319 requirement to attend a driver improvement course. If the 320 operator fails to complete the course within 90 days after 321 receiving notice from the department, the operators driver 322 license shall be canceled by the department until the course is 323 successfully completed. 324 Section 8.This act shall take effect October 1, 2022.