Florida 2024 Regular Session

Florida House Bill H0449 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	7		CODING: Words stricken are deletions; words underlined are additions.
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10	10		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14		A bill to be entitled 1
15	15		An act relating to motor vehicle racing penalties; 2
16	16		amending s. 316.191, F.S.; increasing the fine for 3
17	17		offenses of drag race, street takeover, stunt driving, 4
18	18		competition, contest, test, or exhibition; increasing 5
19	19		the criminal penalty and revising applicability of the 6
20	20		criminal penalty for second offenses of drag race, 7
21	21		street takeover, stunt driving, competition, contest, 8
22	22		test, or exhibition occurring within a spe cified time 9
23	23		period; increasing the fine for such violations; 10
24	24		increasing the penalty for third or subsequent 11
25	25		offenses of drag race, street takeover, stunt driving, 12
26	26		competition, contest, test, or exhibition occurring 13
27	27		within a specified time period; increasin g the fine 14
28	28		for such violations; increasing the fine for acting as 15
29	29		a spectator at a drag race, street takeover, stunt 16
30	30		driving, competition, contest, test, or exhibition; 17
31	31		providing penalties for impeding, obstructing, or 18
32	32		interfering with an emergency vehicle while 19
33	33		participating in a drag race, street takeover, stunt 20
34	34		driving, competition, contest, test, or exhibition; 21
35	35		providing an effective date. 22
36	36		23
37	37		Be It Enacted by the Legislature of the State of Florida: 24
38	38		25
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47	47		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51		Section 1. Subsection (3), and paragraph (b) of subsection 26
52	52		(4) of section 316.191, Florida Statutes, are amended, and 27
53	53		subsection (2) and paragraph (a) of subsection (4) of that 28
54	54		section are republished, to read: 29
55	55		316.191 Racing on highways, street takeovers, and stunt 30
56	56		driving.— 31
57	57		(2) A person may not: 32
58	58		(a) Drive any motor vehicle in any street takeover, stunt 33
59	59		driving, race, speed competition or contest, drag race or 34
60	60		acceleration contest, test of physical endurance, or exhibition 35
61	61		of speed or acceleration or for the purpose of making a speed 36
62	62		record on any highway, roadway, or parking lot; 37
63	63		(b) In any manner participate in, coordinate through 38
64	64		social media or otherwise, facilitate, or collect moneys at any 39
65	65		location for any such race, drag race, street takeover, stunt 40
66	66		driving, competition, contest, test, or exhibition; 41
67	67		(c) Knowingly ride as a passenger in any such race, drag 42
68	68		race, street takeover, stunt driving, competition, contest, 43
69	69		test, or exhibition; 44
70	70		(d) Purposefully cause the movement of traffic, including 45
71	71		pedestrian traffic, to slow, stop, or be im peded in any way for 46
72	72		any such race, drag race, street takeover, stunt driving, 47
73	73		competition, contest, test, or exhibition; 48
74	74		(e) Operate a motor vehicle for the purpose of filming or 49
75	75		recording the activities of participants in any such race, drag 50
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88	88		race, street takeover, stunt driving, competition, contest, 51
89	89		test, or exhibition. This paragraph does not apply to bona fide 52
90	90		members of the news media; or 53
91	91		(f) Operate a motor vehicle carrying any amount of fuel 54
92	92		for the purposes of fueling a motor vehicle involved i n any such 55
93	93		race, drag race, street takeover, stunt driving, competition, 56
94	94		contest, test, or exhibition. 57
95		-	(3)(a) Except as provided in ~~paragraphs (b), (c),~~ and ~~(d),~~ 58
96		-	any person who violates subsection (2) commits a ~~misdemeanor of~~ 59
97		-	the first ~~degree~~, punishable as provided in s. ~~775.082 or s.~~ 60
98		-	775.083. Any person who violates subsection (2) ~~shall pay a fine~~ 61
99		-	of not less than $500 and not more than ~~$2,000 $1,000, and the~~ 62
100		-	department shall revoke the driver ~~license of a person so~~ 63
101		-	convicted for 1 year. A hearing may ~~b e requested pursuant to s.~~ 64
102		-	322.271. 65
103		-	(b) Any person who commits a second violation of 66
	95	+	(3)(a)1. Except as provided in subparagraphs 2. and 3. and 58
	96	+	paragraph (b), any person who violates subsection (2) commits a 59
	97	+	misdemeanor of the first deg ree, punishable as provided in s. 60
	98	+	775.082 or s. 775.083. Any person who violates subsection (2) 61
	99	+	shall pay a fine of not less than $1,500 $500 and not more than 62
	100	+	$2,500 $1,000, and the department shall revoke the driver 63
	101	+	license of a person so convicted for 1 year. A hearing may be 64
	102	+	requested pursuant to s. 322.271. 65
	103	+	2.(b) Any person who commits a second violation of 66
104	104		subsection (2) within 1 year 5 years after the date of a prior 67
105	105		violation that resulted in a conviction for a violation of 68
106	106		subsection (2) commits a felony of the third degree misdemeanor 69
107	107		of the first degree, punishable as provided in s. 775.082 , or s. 70
108	108		775.083, or s. 775.084, and shall pay a fine of not less than 71
109		-	$2,~~500~~ $1,000 and not more than $4,~~000~~ $3,000. The department 72
	109	+	$5,000 $1,000 and not more than $7,500 $3,000. The department 72
110	110		shall also revoke the driv er license of that person for 2 years. 73
111	111		A hearing may be requested pursuant to s. 322.271. 74
112		-	(c) Any person who commits a third or subsequent 75
	112	+	3.(c) Any person who commits a third or subsequent 75
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118	118		CODING: Words stricken are deletions; words underlined are additions.
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125	125		violation of subsection (2) within 5 years after the date of a 76
126	126		prior violation that resulted in a conviction for a violation of 77
127	127		subsection (2) commits a felony misdemeanor of the third first 78
128	128		degree, punishable as provided in s. 775.082 , or s. 775.083, or 79
129		-	s. 775.084, and shall pay a fine of not less than $3,500 $2,000 80
130		-	and not more than $7,~~500~~ $5,000. The department shall also 81
	129	+	s. 775.084, and shall pay a fine of not less than $7,500 $2,000 80
	130	+	and not more than $10,000 $5,000. The department shall also 81
131	131		revoke the driver license of that person for 4 years. A hearing 82
132	132		may be requested pursuant to s. 322.271. 83
133		-	(d) Except as provided in ~~paragraph (e)~~, any person ~~who~~ 84
134		-	violates subsection (2) and, in the course of committing the 85
	133	+	(b)1. Except as provided in subparagraph 2., any person 84
	134	+	who violates subsection (2) and, in the course of committing the 85
135	135		offense, knowingly impedes, obstructs, or interferes with an 86
136	136		authorized emergency vehicle, as defined in s. 316.003(1), that 87
137	137		is on call and responding to an emergency other than a violation 88
138	138		of this section, commits a felony of the third degree, 89
139		-	punishable as provided in ~~paragraph~~ (b). 90
140		-	~~(e)~~ Any person who commits a second or subsequent 91
141		-	~~violation~~ of ~~paragraph (d)~~ commits a felony of the second 92
142		-	~~degree,~~ punishable as provided in s. 775.082, s. 775.083, or s. 93
143		-	~~775.084.~~ The department shall also revoke the driver license of 94
144		-	~~that~~ person for 4 years. A hearing may be requested pursuant to 95
145		-	s. 322.271. 96
146		-	(f)(d) In any case charging a violation of subsection (2), 97
	139	+	punishable as provided in su bparagraph(a)2. 90
	140	+	2. Any person who commits a second or subsequent violation 91
	141	+	of subparagraph 1. commits a felony of the second degree, 92
	142	+	punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 93
	143	+	The department shall also revoke the driver license of that 94
	144	+	person for 4 years. A hearing may be requested pursuant to s. 95
	145	+	322.271. 96
	146	+	(c)(d) In any case charging a violation of subsection (2), 97
147	147		the court shall be provided a copy of the driving record of the 98
148	148		person charged and may obtain any records from any other source 99
149	149		to determine if one or more prior convictions of the person for 100
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162	162		a violation of subsection (2) have occurred within a specified 101
163	163		period 5 years before the charged offense. 102
164	164		(4)(a) A person may not be a spectator at any race, drag 103
165	165		race, or street takeover prohibited under subsection (2). 104
166	166		(b) A person who violates paragraph (a) commits a 105
167	167		noncriminal traffic infraction, punishable by a fine of $250 as 106
168	168		a moving violation as provided in chapter 318 . 107
169	169		Section 2. This act shall take effect July 1, 2024. 108