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Louis Ortega Street-RACING BILL PASSES FINALLY

posted Apr 30, 2010, 2:06 PM by Elisa Myer   [ updated Oct 22, 2010, 5:59 AM ]
April 30, 2010

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       Florida Senate - 2010                              CS for SB 768
       
       
       
       By the Committee on Judiciary; and Senator Constantine
       
       
       
       
       590-03773-10                                           2010768c1
    1                        A bill to be entitled                      
    2         An act relating to street racing; creating the “Luis
    3         Rivera Ortega Street Racing Act”; amending s. 316.191,
    4         F.S.; revising penalties for violating provisions
    5         prohibiting certain speed competitions and
    6         exhibitions; providing an effective date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. This act may be cited as the “Luis Rivera Ortega
   11  Street Racing Act.”
   12         Section 2. Section 316.191, Florida Statutes, is amended to
   13  read:
   14         316.191 Racing on highways.—
   15         (1) As used in this section, the term:
   16         (a) “Conviction” means a determination of guilt that is the
   17  result of a plea or trial, regardless of whether adjudication is
   18  withheld.
   19         (b) “Drag race” means the operation of two or more motor
   20  vehicles from a point side by side at accelerating speeds in a
   21  competitive attempt to outdistance each other, or the operation
   22  of one or more motor vehicles over a common selected course,
   23  from the same point to the same point, for the purpose of
   24  comparing the relative speeds or power of acceleration of such
   25  motor vehicle or motor vehicles within a certain distance or
   26  time limit.
   27         (c) “Race” means the use of one or more motor vehicles in
   28  competition, arising from a challenge to demonstrate superiority
   29  of a motor vehicle or driver and the acceptance or competitive
   30  response to that challenge, either through a prior arrangement
   31  or in immediate response, in which the competitor attempts to
   32  outgain or outdistance another motor vehicle, to prevent another
   33  motor vehicle from passing, to arrive at a given destination
   34  ahead of another motor vehicle or motor vehicles, or to test the
   35  physical stamina or endurance of drivers over long-distance
   36  driving routes. A race may be prearranged or may occur through a
   37  competitive response to conduct on the part of one or more
   38  drivers which, under the totality of the circumstances, can
   39  reasonably be interpreted as a challenge to race.
   40         (d) “Spectator” means any person who is knowingly present
   41  at and views a drag race, when such presence is the result of an
   42  affirmative choice to attend or participate in the race. For
   43  purposes of determining whether or not an individual is a
   44  spectator, finders of fact shall consider the relationship
   45  between the racer and the individual, evidence of gambling or
   46  betting on the outcome of the race, and any other factor that
   47  would tend to show knowing attendance or participation.
   48         (2)(a) A person may not:
   49         (a)1. Drive any motor vehicle, including any motorcycle, in
   50  any race, speed competition or contest, drag race or
   51  acceleration contest, test of physical endurance, or exhibition
   52  of speed or acceleration or for the purpose of making a speed
   53  record on any highway, roadway, or parking lot;
   54         (b)2. In any manner participate in, coordinate, facilitate,
   55  or collect moneys at any location for any such race,
   56  competition, contest, test, or exhibition;
   57         (c)3. Knowingly ride as a passenger in any such race,
   58  competition, contest, test, or exhibition; or
   59         (d)4. Purposefully cause the movement of traffic to slow or
   60  stop for any such race, competition, contest, test, or
   61  exhibition.
   62         (3)(a) Any person who violates subsection (2) any provision
   63  of this paragraph commits a misdemeanor of the first degree,
   64  punishable as provided in s. 775.082 or s. 775.083. Any person
   65  who violates subsection (2) any provision of this paragraph
   66  shall pay a fine of not less than $500 and not more than $1,000,
   67  and the department shall revoke the driver license of a person
   68  so convicted for 1 year. A hearing may be requested pursuant to
   69  s. 322.271.
   70         (b) Any person who commits a second violation of subsection
   71  (2) violates paragraph (a) within 5 years after the date of a
   72  prior violation that resulted in a conviction for a violation of
   73  subsection (2) this subsection commits a misdemeanor of the
   74  first degree, punishable as provided in s. 775.082 or s.
   75  775.083, and shall pay a fine of not less than $1,000 $500 and
   76  not more than $3,000 $1,000. The department shall also revoke
   77  the driver license of that person for 2 years. A hearing may be
   78  requested pursuant to s. 322.271.
   79         (c) Any person who commits a third or subsequent violation
   80  of subsection (2) within 5 years after the date of a prior
   81  violation that resulted in a conviction for a violation of
   82  subsection (2) commits a misdemeanor of the first degree,
   83  punishable as provided in s. 775.082 or s. 775.083, and shall
   84  pay a fine of not less than $2,000 and not more than $5,000. The
   85  department shall also revoke the driver license of that person
   86  for 4 years. A hearing may be requested pursuant to s. 322.271.
   87         (d)(c) In any case charging a violation of subsection (2)
   88  paragraph (a), the court shall be provided a copy of the driving
   89  record of the person charged and may obtain any records from any
   90  other source to determine if one or more prior convictions of
   91  the person for a violation of subsection (2) paragraph (a) have
   92  occurred within 5 years prior to the charged offense.
   93         (4)(3)(a) A person may not be a spectator at any drag race
   94  prohibited under subsection (2).
   95         (b) A person who violates the provisions of paragraph (a)
   96  commits a noncriminal traffic infraction, punishable as a moving
   97  violation as provided in chapter 318.
   98         (5)(4) Whenever a law enforcement officer determines that a
   99  person was engaged in a drag race or race, as described in
  100  subsection (1), the officer may immediately arrest and take such
  101  person into custody. The court may enter an order of impoundment
  102  or immobilization as a condition of incarceration or probation.
  103  Within 7 business days after the date the court issues the order
  104  of impoundment or immobilization, the clerk of the court must
  105  send notice by certified mail, return receipt requested, to the
  106  registered owner of the motor vehicle, if the registered owner
  107  is a person other than the defendant, and to each person of
  108  record claiming a lien against the motor vehicle.
  109         (a) Notwithstanding any provision of law to the contrary,
  110  the impounding agency shall release a motor vehicle under the
  111  conditions provided in s. 316.193(6)(e), (f), (g), and (h), if
  112  the owner or agent presents a valid driver license at the time
  113  of pickup of the motor vehicle.
  114         (b) All costs and fees for the impoundment or
  115  immobilization, including the cost of notification, must be paid
  116  by the owner of the motor vehicle or, if the motor vehicle is
  117  leased or rented, by the person leasing or renting the motor
  118  vehicle, unless the impoundment or immobilization order is
  119  dismissed. All provisions of s. 713.78 shall apply.
  120         (c) Any motor vehicle used in violation of subsection (2)
  121  may be impounded for a period of 30 business days if a law
  122  enforcement officer has arrested and taken a person into custody
  123  pursuant to this subsection and the person being arrested is the
  124  registered owner or coowner of the motor vehicle. If the
  125  arresting officer finds that the criteria of this paragraph are
  126  met, the officer may immediately impound the motor vehicle. The
  127  law enforcement officer shall notify the Department of Highway
  128  Safety and Motor Vehicles of any impoundment for violation of
  129  this subsection in accordance with procedures established by the
  130  department. The provisions of Paragraphs (a) and (b) shall be
  131  applicable to such impoundment.
  132         (6)(5) Any motor vehicle used in violation of subsection
  133  (2) by any person within 5 years after the date of a prior
  134  conviction of that person for a violation under subsection (2)
  135  may be seized and forfeited as provided by the Florida
  136  Contraband Forfeiture Act. This subsection shall only be
  137  applicable if the owner of the motor vehicle is the person
  138  charged with violating violation of subsection (2).
  139         (7)(6) This section does not apply to licensed or duly
  140  authorized racetracks, drag strips, or other designated areas
  141  set aside by proper authorities for such purposes.
  142         Section 3. This act shall take effect October 1, 2010.
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