The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Transportation
BILL: CS/SB 876
INTRODUCER: Transportation Committee and Senator Pizzo
SUBJECT: Stunt Driving on Highways
DATE: January 12, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Proctor Vickers TR Fav/CS
2. CJ
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 876 defines various terms, including street takeover and stunt driving. A “street takeover”
is defined as the taking over of a portion of a highway or roadway by blocking or impeding the
regular flow of traffic to perform burnouts, doughnuts, drifting, wheelies, or other stunt driving.
“Stunt driving” means to perform or engage in any burnouts, doughnuts, drifting, wheelies, or
other activity on a roadway or highway which is likely to delay, distract, startle, or interfere with
other users of the roadway or highway.
The bill provides that a person may not:
Drive any motor vehicles in any street takeover or stunt driving on any highway, roadway or
parking lot;
Participate in a street takeover or stunt driving;
Knowingly ride as a passenger in a street takeover or stunt driving;
Cause the movement of traffic to slow or stop for a street takeover or stunt driving; and
Be a spectator at a street takeover.
The bill adds street takeovers and stunt driving on highways to the list of criminal offenses which
would require a $65 penalty, in addition to any other penalty. The additional $65 must be
remitted to the Department of Revenue for deposit into the Emergency Medical Services Trust
Fund of the Department of Health.
REVISED: BILL: CS/SB 876 Page 2
The bill provides probable cause for a law enforcement officer to arrest without a warrant for
street takeover and stunt driving.
The bill may have an indeterminate fiscal impact. See Section V. Fiscal Impact Statement.
The bill has an effective date of October 1, 2022.
II. Present Situation:
Under current law a person is prohibited from driving any motor vehicle, including any
motorcycle, in any race, speed competition or contest, drag race or acceleration contest, test of
physical endurance, or exhibition of speed or acceleration or for the purpose of making a speed
record on any highway, roadway, or parking lot. In addition, a person is prohibited from
participating in, coordinating, facilitating, or collecting moneys at any location for any such
event; knowingly riding as a passenger in any such event; or purposefully causing the movement
of traffic to slow or stop for any such event.
1
Any person who violates the above provisions commits a misdemeanor of the first degree. They
must also pay a fine of not less than $500 and not more than $1,000, and the Department of
Highway Safety and Motor Vehicles (DHSMV) must also revoke the driver license of a person
convicted for one year.
2
Any person who commits a second violation of the above provisions within five years after the
date of a prior violation that resulted in a conviction commits a misdemeanor of the first degree.
They must also pay a fine of not less than $1,000 and not more than $3,000, and the DHSMV
must also revoke the driver license of that person for two years.
3
Any person who commits a third or subsequent violation of the above provisions within five
years after the date of a prior violation that resulted in a conviction commits a misdemeanor of
the first degree. They must also pay a fine of not less than $2,000 and not more than $5,000, and
the DHSMV must also revoke the driver license of that person for four years.
4
The misdemeanors of the first degree are punishable as provided in ss. 775.082 or 775.083, F.S.,
and a hearing may be requested pursuant to s. 322.271, F.S., to petition the DHSMV for
reinstatement of driving privileges for the above revocations.
5
Whenever a law enforcement officer has probable cause to believe that a person commits any of
the above violations, the law enforcement officer may arrest and take the person into custody
without a warrant, and the court may enter an order of impoundment or immobilization as a
condition of incarceration or probation. Within seven business days after the date the court issues
the order of impoundment or immobilization, the clerk of the court must send notice by certified
mail, return receipt requested, to the registered owner of the motor vehicle, if the registered
1
Section 316.191(2), F.S.
2
Section 316.191(3), F.S.
3
Ibid.
4
Ibid.
5
Ibid. BILL: CS/SB 876 Page 3
owner is a person other than the defendant, and to each person of record claiming a lien against
the motor vehicle.
6
In addition, a person who is a spectator at a prohibited drag race under this section commits a
noncriminal traffic infraction, punishable as a moving violation as provided in ch. 318, F.S.
7
Street Takeover
Street takeovers are a relatively recent phenomenon that occur when large numbers, sometimes
hundreds, of cars gather at a predetermined site, typically a large intersection. Some of the cars
are used to block off the intersection and then other cars come into that intersection to perform
donuts and other types of vehicular stunts. The problem with controlling these events is that it
takes time for law enforcement to arrive because, due to the size and scale of these gatherings,
multiple law enforcement resources need to be coordinated before they can take action. Once the
first sign of law enforcement presence is detected, the participants scatter, including the many
bystanders that come to watch the cars.
8
There does not appear to be much governmental data or statistics associated with street
takeovers; however, there are a number of media accounts from across the nation, including
Orange and Miami-Dade counties in Florida. Numerous media accounts indicate that a
significant number of injuries and fatalities have been associated with street takeovers.
9
The Dallas Police Department’s speeding and racing task force provides one example of a
concerted local effort to crack down on street takeovers and other illegal events since the start of
the pandemic. Since the formation of the task force through September 14, 2021, they have
reported the following actions in connection with illegal events:
10
Traffic Stops: 5,855
Hazardous Citations: 1,496
Regulatory Citations: 4,585
Spectators Arrested/Cited: 741
Vehicles Towed: 650
Calls Answered: 6,009
Misdemeanor Arrests: 944
Felony Arrests: 124
Offenses Cleared: 67
Guns Seized: 107
Drugs Seized: 201
6
Section 316.191(5), F.S.
7
Section 319.191(4), F.S.
8
Thom Taylor, Street Takeovers Are Turning More Deadly, motorbiscuit.com, https://www.motorbiscuit.com/street-
takeovers-turning-more-deadly/ (last visited January 7, 2022).
9
Ibid; Erin Myers, Car that crashed into Van Nuys building, killing 1, was being followed by police after doing donuts in
street takeover, 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 January 10, 2022).
10
Michael Lozano, Illegal Dallas 'street takeovers' feeling pinch from Dallas PD, spectrumlocalnews.com,
https://spectrumlocalnews.com/tx/dallas-fort-worth/news/2021/09/30/dallas-illegal--street-takeovers--feeling-pinch-from-
dallas-pd- (last visited January 7, 2022). BILL: CS/SB 876 Page 4
Stolen Vehicles Recovered: 42
Arrest Assists: 1,099
III. Effect of Proposed Changes:
The bill amends s. 316.191(1), F.S., to add the following definitions:
“Burnout” means a maneuver performed while operating a motor vehicle whereby the
vehicle is kept stationary, or is in motion, while the wheels are spun, the resulting friction
causing the 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 vehicle is rotated around the opposite set of wheels in a continuous motion
which may cause a circular skid-mark pattern of rubber on the driving surface or the tires to
heat up and emit smoke from friction, or both.
“Drifting” means a maneuver performed while operating a motor vehicle whereby the 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 taking over of a portion of a highway or roadway by blocking or
impeding the regular flow of traffic to perform burnouts, doughnuts, drifting, wheelies, or
other stunt driving.
“Stunt driving” means to perform or engage in any burnouts, doughnuts, drifting, wheelies,
or other activity on a roadway or highway which is likely to delay, distract, startle, or
interfere with other users of the roadway or highway.
“Wheelie” means a maneuver performed while operating a motor vehicle whereby a
motorcycle or other motor vehicle is ridden for a distance with the front wheel or wheels
raised off the ground.
The bill amends s. 316.191(1), F.S., to provide that a “spectator” also means a person who is
knowingly present at and views a street takeover. The new definition now means any person who
is knowingly present at and views a drag race or street takeover, when such presence is the result
of an affirmative choice to attend or participate in the event. For purposes of determining
whether or not an individual is a spectator, finders of fact shall consider the relationship between
the motor vehicle operator and the individual, evidence of gambling or betting on the outcome of
the event, and any other factor that would tend to show knowing attendance or participation.
The bill amends s. 316.191(2), F.S., to provide that a person may not:
Drive any motor vehicles, including any motorcycle, in any street takeover or stunt driving
on any highway, roadway or parking lot;
Participate in, coordinate, facilitate, or collect moneys at any location for a street takeover or
stunt driving;
Knowingly ride as a passenger in a street takeover or stunt driving; or
Purposefully cause the movement of traffic to slow or stop for a street takeover or stunt
driving.
BILL: CS/SB 876 Page 5
Any person who violates the above provisions commits a misdemeanor of the first degree. They
must also pay a fine of not less than $500 and not more than $1,000, and the DHSMV must also
revoke the driver license of a person convicted for one year.
Any person who commits a second violation of the above provisions within five years after the
date of a prior violation that resulted in a conviction commits a misdemeanor of the first degree.
They must also pay a fine of not less than $1,000 and not more than $3,000, and the DHSMV
must also revoke the driver license of that person for two years.
Any person who commits a third or subsequent violation of the above provisions within five
years after the date of a prior violation that resulted in a conviction commits a misdemeanor of
the first degree. They must also pay a fine of not less than $2,000 and not more than $5,000, and
the DHSMV must also revoke the driver license of that person for four years.
The misdemeanors of the first degree are punishable as provided in ss. 775.082 or 775.083, F.S.,
and a hearing may be requested pursuant to s. 322.271, F.S., to petition the DHSMV for
reinstatement of driving privileges for the above revocations.
Whenever a law enforcement officer has probable cause to believe that a person commits any of
the above violations, the officer may arrest and take the person into custody without a warrant,
and the court may enter an order of impoundment or immobilization as a condition of
incarceration or probation. Within seven business days after the date the court issues the order of
impoundment or immobilization, the clerk of the court must send notice by certified mail, return
receipt requested, to the registered owner of the motor vehicle, if the registered owner is a person
other than the defendant, and to each person of record claiming a lien against the motor vehicle.
The bill amends s. 316.191(4), F.S., to provide that a person may not be a spectator at a street
takeover and a person who violates this provision commits a noncriminal traffic infraction,
punishable as a moving violation as provided in ch. 318, F.S.
The bill amends s. 901.15(9), F.S., to include a street takeover and stunt driving as incidents
when a law enforcement officer may arrest a person without a warrant.
The bill amends s. 318.18(20), F.S., to add street takeovers and stunt driving on highways to the
list of criminal offenses which would require a $65 penalty, in addition to any other penalty. The
additional $65 must be remitted to the Department of Revenue for deposit into the Emergency
Medical Services Trust Fund of the Department of Health.
The bill has an effective date of October 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None. BILL: CS/SB 876 Page 6
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Individuals driving, participating, coordinating, facilitating, collecting money, knowingly
riding as a passenger, or causing the movement of traffic to slow or stop for a street
takeover or stunt driving event may be negatively impacted if they are fined, arrested,
have their vehicle impounded, or have their driver license revoked.
Individual spectators of a street takeover event may be negatively impacted if they are
cited with a noncriminal traffic infraction.
C. Government Sector Impact:
State and local government entities may see an indeterminate positive fiscal impact
associated with any fines or fees collected from individuals driving, participating,
coordinating, facilitating, collecting money, knowingly riding as a passenger, or causing
the movement of traffic to slow or stop for a street takeover or stunt driving event, and
from the impoundment of vehicles.
State and local government may see an indeterminate positive fiscal impact associated
with the issuance of a noncriminal traffic infraction to spectators of a street takeover.
The Emergency Medical Services Trust Fund of the Department of Health may see an
indeterminate positive fiscal impact due to the addition of street takeovers and stunt
driving on highways to the list of criminal offenses which would require a $65 penalty, in
addition to any other penalty, under s. 318.18(20), F.S. BILL: CS/SB 876 Page 7
VI. Technical Deficiencies:
Section 316.191(3)(a), F.S., provides that any person who violates s. 316.191(2), F.S., commits a
first-degree misdemeanor. Under SB 876, a person performing a wheelie while operating a motor
vehicle may constitute “stunt driving,” which would be a prohibited act under s. 316.191(2)(a),
F.S. Therefore, by performing a wheelie, a person may be charged with a first-degree
misdemeanor. Although the term “wheelie” is not used in s. 316.2085, F.S., that section provides
that a person shall ride upon a motorcycle or moped only while sitting astride the seat with both
wheels on the ground at all times. Violation of this section is a noncriminal traffic infraction
punishable as a moving violation in ch. 318, F.S. Thus, the bill creates a potential conflict
between s. 316.191(2)(a), F.S., which makes performing a wheelie a first-degree misdemeanor,
and s. 316.2085, F.S., which may make performing a wheelie a noncriminal infraction
punishable as a moving violation. The DHSMV recommends that consideration be given to
either creating a distinction between a wheelie punishable as a noncriminal infraction and a
wheelie punishable as a misdemeanor crime or proposing amendments to s. 316.2085, F.S., that
are consistent with the bill’s proposals regarding wheelies.
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VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 316.191, 318.18,
and 901.15.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Transportation on January 12, 2022:
The committee substitute:
Modifies the definition of “burnout” to allow the vehicle to also be in motion, and not
just stationary.
Amends the definition for “spectator” to include an individual present at and viewing
a street takeover event.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
11
Ibid, p. 5-6.