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 Rules
BILL: CS/CS/CS/SB 876
INTRODUCER: Rules Committee; Criminal Justice Committee; Transportation Committee; and Senators
Pizzo and Rodrigues
SUBJECT: Stunt Driving on Highways
DATE: February 15, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Proctor Vickers TR Fav/CS
2. Stokes Jones CJ Fav/CS
3. Proctor Phelps RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/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 it is a noncriminal traffic infraction for a person to be a spectator at any
street takeover. Additionally, evidence that a person is filming or recording the event, or posting
the event on social media, may be used to prove that a person was a spectator.
The bill amends s. 316.191, F.S., relating to racing on highways, to create three new first degree
misdemeanor offenses. Specifically, a person may not:
Operate a vehicle for the purpose of filming or recording the activities of participants in any
race, drag race, street takeover, stunt driving, competition, contest, test, or exhibition. There
is an exception for bona fide members of the news media.
Operate a vehicle carrying any amount of fuel for the purposes of fueling a vehicle involved
in any race, drag race, street takeover, stunt driving, competition, contest, test, or exhibition;
or
Operate a vehicle in a manner that would constitute participation in a street takeover.
REVISED: BILL: CS/CS/CS/SB 876 Page 2
Additionally, the bill adds drag racing, street takeovers, and stunt driving to the current list of
prohibited acts that constitute a first degree misdemeanor. The bill also adds specified vehicles
that may not be driven at certain events.
The bill amends s. 318.18, 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.
Additionally, the bill provides that a law enforcement officer may arrest a person without a
warrant when there is probable cause to believe a person has committed a street takeover or 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 first degree misdemeanor,
2
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 his or her driver license for one year.
3
Any person who commits a second violation of the above provisions within five years of a prior
conviction commits a first degree misdemeanor, must pay a fine of not less than $1,000 and not
more than $3,000, and the DHSMV must also revoke his or her driver license for two years.
4
Any person who commits a third or subsequent violation of the above provisions within five
years of a prior conviction commits a first degree misdemeanor, must pay a fine of not less than
$2,000 and not more than $5,000, and the DHSMV must also revoke his or her driver license for
four years.
5
1
Section 316.191(2), F.S.
2
A first degree misdemeanor is punishable by up to a year in county jail and a fine not exceeding $1,000. Sections 775.082
and 775.083, F.S.
3
Section 316.191(3), F.S.
4
Ibid.
5
Ibid. BILL: CS/CS/CS/SB 876 Page 3
A person who has had his or her driver license revoked may request a hearing pursuant to
s. 322.271, F.S., to petition the DHSMV for reinstatement of driving privileges for the above
revocations.
6
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 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.
7
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.
8
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.
9
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.
10
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
6
Ibid.
7
Section 316.191(5), F.S.
8
Section 316.191(4), F.S.; Section 318.18, F.S., provides, that in addition to any other penalty, a person must pay $65 for a
violation of s. 316.191, F.S.
9
Thom Taylor, Street Takeovers Are Turning More Deadly, November 15, 2021, motorbiscuit.com,
https://www.motorbiscuit.com/street-takeovers-turning-more-deadly/ (last visited January 27, 2022).
10
Ibid; 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 January 27, 2022). BILL: CS/CS/CS/SB 876 Page 4
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 the term “spectator” to include 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, filming or recording
the event, or posting the event to social media, and any other factor that would tend to show
knowing attendance or participation.
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. 316.191(2), F.S., relating to racing on highways, to create three new first
degree misdemeanor offenses. Specifically, a person may not:
Operate a vehicle for the purpose of filming or recording the activities of participants in any
race, drag race, street takeover, stunt driving, competition, contest, test, or exhibition. There
is an exception for bona fide members of the news media.
Operate a vehicle carrying any amount of fuel for the purposes of fueling a vehicle involved
in any race, drag race, street takeover, stunt driving, competition, contest, test, or exhibition;
or
Operate a vehicle in a manner that would constitute participation in a street takeover.
Additionally, the bill adds drag racing, street takeovers, and stunt driving to the current list of
prohibited acts that constitute a first degree misdemeanor. The bill also adds specified vehicles
that may not be driven at certain events. Specifically, the bill provides that a person may not:
Drive any motor vehicle, motorcycle, autocycle, moped, all-terrain vehicle, off-road vehicle,
or vehicle not licensed to operate on a highway or roadway, in any street takeover, stunt
driving, 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 BILL: CS/CS/CS/SB 876 Page 5
or exhibiting the vehicle’s performance capabilities and driver’s abilities on any highway,
roadway, or parking lot;
Participate, coordinate through social media or otherwise, facilitate, or collect moneys, in a
drag race, street takeover, or stunt driving;
Knowingly ride as a passenger in a drag race, street takeover, or stunt driving;
Cause the movement of traffic, including pedestrian traffic, to slow, stop, or be impeded in
any way for a drag race, street takeover, or stunt driving.
Any person who violates the above provisions commits a first degree misdemeanor, must pay a
fine of not less than $500 and not more than $1,000, and the DHSMV must also revoke his or her
driver license 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 first degree misdemeanor, must
pay a fine of not less than $1,000 and not more than $3,000, and the DHSMV must also revoke
his or her driver license 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 first degree
misdemeanor, must pay a fine of not less than $2,000 and not more than $5,000, and the
DHSMV must also revoke his or her driver license for four years.
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.
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:
This bill appears to be exempt from the requirements of Article VII, Section 18 of the
Florida Constitution because it is a criminal law.
B. Public Records/Open Meetings Issues:
None. BILL: CS/CS/CS/SB 876 Page 6
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.
There may be an indeterminate positive fiscal (increase in jail beds) due to persons
arrested for the crimes created in the bill. BILL: CS/CS/CS/SB 876 Page 7
VI. Technical Deficiencies:
None.
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.
This bill reenacts sections 316.027 and 322.0261 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS/CS/CS by Rules on February 15, 2022:
The committee substitute removes the enhanced penalty under s. 316.2397, F.S., relating
to the prohibition of certain lights on a vehicle, from a noncriminal traffic infraction to a
first degree misdemeanor, and removes the prohibition for falsely assuming or pretending
to be specified persons by the use of certain lights.
CS/CS by Criminal Justice on February 1, 2022:
The committee substitute:
Adds autocycle, moped, all-terrain vehicle, off-road vehicle, and a vehicle not
licensed to operate on a highway or roadway to the list of vehicles that may not be
driven in certain events.
Provides that evidence of the filming or recording of a drag race or street takeover, or
posting of such event on social media, may be used to determine if a person was a
spectator at such event. There is an exception for bona fide members of the news
media.
Prohibits a person from operating a vehicle: for the purpose of filming or recording
the activities of participants of certain events; carrying any amount of fuel for the
purpose of fueling a vehicle involved in certain events; or in a manner that would
constitute participation in a street takeover.
Enhances the penalty under s. 316.2397, F.S., relating to the prohibition of certain
lights on a vehicle, from a noncriminal traffic infraction to a first degree
misdemeanor, and prohibits a person from falsely assuming or pretending to be
specified persons by the use of certain lights.
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. BILL: CS/CS/CS/SB 876 Page 8
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.