30th TA 0219

Yesterday the Florida Senate unanimously approved legislation that would increase the fines for "drag racing" and give police the power to seize automobiles used in races. As the House passed the measure on Monday by a vote of 111-1, the measure will now go to Governor Jeb Bush for his signature.

State Representative John Quinones (R-Kissimmee) introduced the bill following drag racing accidents that claimed four lives last year. The legislation provides maximum penalties including a $1000 fine, two-year license suspension and imprisonment for violators. The police can also immediately seize a car used in a race for 10 days without due process for the first offense. On the second offense, police can seize and sell the car used, regardless of its value.

The legislation only defines drag racing as comparing the speed or power of one vehicle to another vehicle on a public road or in a parking lot, "at accelerating speeds in a competitive attempt to outdistance each other." The penalties apply regardless of whether anyone was actually harmed or threatened with harm from such a contest.

Article Excerpt:
HB 71, Engrossed 2005
FLORIDA HOUSE OF REPRESENTATIVES

A bill to be entitled
An act relating to motor vehicle speed competitions; amending s. 316.191, F.S.; defining the term "conviction"; specifying that the section applies to motor vehicles; revising penalties for violation of prohibitions against described motor vehicle speed competitions; providing for impoundment of vehicles used in violation of motor vehicle speed competition provisions; providing for application of the Florida Contraband Forfeiture Act; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 316.191, Florida Statutes, is amended to read:
316.191 Racing on highways.—
(1) As used in this section, the term:
(a) "Conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.
(b) "Drag race" means the operation of two or more motor vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more motor vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such motor vehicle or motor vehicles within a certain distance or time limit.
(c) "Racing" means the use of one or more motor vehicles in an attempt to outgain or, outdistance another motor vehicle, to or prevent another motor vehicle from passing, to arrive at a given destination ahead of another motor vehicle or motor vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes.
(2)(a) A person may not:
1. Drive 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;
2. In any manner participate in, coordinate, facilitate, or collect moneys at any location for any such race, competition, contest, test, or exhibition;
3. Knowingly ride as a passenger in any such race, competition, contest, test, or exhibition; or
4. Purposefully cause the movement of traffic to slow or stop for, any such race, competition, contest, test, or exhibition.

Any person who violates any provision of this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates any provision of this paragraph shall pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year. A hearing may be requested pursuant to s. 322.271.

(b) Any person who violates paragraph (a) within 5 years after the date of a prior violation that resulted in a conviction for a violation of this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall pay a fine of not less than $500 and not more than $1,000. The department shall also revoke the driver license of that person for 2 years. A hearing may be requested pursuant to s. 322.271.
(c) In any case charging a violation of paragraph (a), the court shall be provided a copy of the driving record of the person charged and may obtain any records from any other source to determine if one or more prior convictions of the person for violation of paragraph (a) have occurred within 5 years prior to the charged offense.
(3) Whenever a law enforcement officer determines that a person was engaged in a drag race or race, as described in subsection (1), the officer may immediately arrest and take such person into custody. The court may enter an order of impoundment or immobilization as a condition of incarceration or probation. Within 7 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.
(a) Notwithstanding any provision of law to the contrary, the impounding agency shall release a motor vehicle under the conditions provided in s. 316.193(6)(e), (f), (g), and (h), if the owner or agent presents a valid driver license at the time of pickup of the motor vehicle.
(b) All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the motor vehicle or, if the motor vehicle is leased or rented, by the person leasing or renting the motor vehicle, unless the impoundment or immobilization order is dismissed. All provisions of s. 713.78 shall apply.
(c) Any motor vehicle used in violation of subsection (2) may be impounded for a period of 10 business days if a law enforcement officer has arrested and taken a person into custody pursuant to this subsection and the person being arrested is the registered owner or coowner of the motor vehicle. If the arresting officer finds that the criteria of this paragraph are met, the officer may immediately impound the motor vehicle. The law enforcement officer shall notify the Department of Highway Safety and Motor Vehicles of any impoundment for violation of this subsection in accordance with procedures established by the department. The provisions of paragraphs (a) and (b) shall be applicable to such impoundment.
(4) Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act. This subsection shall only be applicable if the owner of the motor vehicle is the person charged with violation of subsection (2).
(5) This section does not apply to licensed or duly authorized racetracks, drag strips, or other designated areas set aside by proper authorities for such purposes.

Section 2. This act shall take effect October 1, 2005.

jeb.bush@myflorida.com

KEEP IT CIVIL AND PROFESSIONAL PLEASE!!!

VTC_WS6

iTrader: (9)

The problem is ...on what grounds are you going to argue this?

3800SII

Ditto... I mean your ensignia has Bush Cheny '04 all over it. What's the matter? Do you think Jeb is gonna help you? Street racing is about as liberal and illegal as you can get! You will find that both Republicans and Democrats agree that it need to be contained inspite of how much we love it!

x phantom x

iTrader: (14)

Very good point. Looks like it's less severe then NY street racing laws are.

A friend of mine got one, first violation ... 6g's and 14 hours in jail later, and he didn't get his car back for a few weeks.

Vendetta

Stating the obvious: There's no way Jeb is going to veto a 111-1 vote. Sorry.

obZidian

iTrader: (2)

guys, we could sen all of the emails we want but if jeb wants re-election, he will glady stamp his signature on this.

Wat i find interesting is that the same people (and im not being specific but opinionative..) who are now wanting these kinds of punishments to be enacted are also the same people who once had a muscle car, tearing it down the asphault with only one thing on their minds.....winning!!!!

I dont understand it. Yeah, they will argue how things are worse now, they always seem to be and realisitcally, im not arguing that...; how they raced with care but when looking closely at the newspaper achives, there where as many accidents related to street racing than as there are now. I did a small search through som eof the known papers and found tons of articles like this.

We all know, well hopefully, when not to smash the go pedal and with time, a good recognition of our vehicles capabilities. However, try to expalin that to an officer.

its just useless trying to argue this, the suits with porches and lambos, will always win though they get the same kick when they hit THEIR go pedal.

just be safe ya'll and smart about who you race and where.....highway for me is game when open but on the street...keep it slow and clean

SouthFL.02.SS

I sold my car fearing I'd land in jail sooner or later.
Street racing is illegal. Plain and simple.

MillaTK

uh huh... best way to put it

MeentSS02

iTrader: (11)

Time to take it to the track, where it belongs. No dispute here. I'm not saying I've never done it, but I've always felt guilty about it afterwards.

30th TA 0219

sorry, didn't mean to post this in the ***** section LOL
I thought it was street racers in here!
It just sets a dangerous precedent. for oh so many reasons, the main being the ability of the cop to detrmine 'racing'
Not to mentiona DUI guy can go and get 30 DUIs and his car never gets taken away! DUIs KILL A LOT MORE THAN STREET RACING

TroubledWine3

iTrader: (3)

Same here. Sorry, but I'm not into racing on the street. There's too many ways something could go wrong that are just out of a driver's control. And that's not even the illegal/jail/fine part of it.

Too many variables on the street that the strip eliminates. I don't race because it's illegal...I don't race because I have common sense. I'm not saying I don't tach up my car every now and then, but once I hit about 10mph over, I let out of it. The only races I've been in in the Z was only up to 5 or 10mph over the speed limit, which really isn't racing to begin with LOL.

Vendetta

It would have been more accurate to post it in the idiot section. Unfortunately, we don't have an idiot section here. Sorry.

blkZ28spt

The cop can determine racing, yes. How else could it be done? They going to have the driver determine? It ends up coming before a judge, and you can't have the car taken for more than a matter of days until the second conviction.

Coy

iTrader: (4)

Glad I dont live in florida.

generalchaos

I agree that hes not going to vito this, unless he street races himself you guys are boned.

However an arguement can be is such stiff first time penalties. What if you werent really street racing? how many times have you read on here, or have known someone to get pulled over for "street racing" from a light, when in reality they just sped to 45 faster then the old 1980 pickup next to you?

so you get pulled over for that, and what do you know the cops having a REALLY bad day. what happens next? oh damn your car is gone for 10 days, you owe $1000, you cant get to work, and you in jail.....just because the cop said so since he felt like being a dick.

oh well im not in florida

Jake19_2

4 deaths from street racing and how many from regular traffic accidents? Hmm granted 4 deaths is 4 too many, but shouldnt they be focusing more on the real cause of automobile accidents, being that people in the state of florida can't drive. Not to mention road, rage, drunk drivers, teenage kids riding people's asses, weaving in and out of traffic and old senile drivers that switch lanes without even looking.

I can see this law giving cops another excuse to pull someone over because they accelerated quickly and were therefore "street racing". Yeah lets gives cops another reason to do something besides their jobs, protecting and serving.

I can see myself getting stopped for this because I pulled away from a stop light to fast, meanwhile someone is carrying my t.v out the front door and making a crack deal in front of my house. I guess there's more money to be made by pulling over productive members of society that are going a few miles over the speed limit, trying to get to work on time, instead of dealing with real crimes.

cantdrv65

iTrader: (3)

I would have a problem with this law if they confiscated the car on the first offense, but the car does not get taken until the SECOND offense. If a person is moronic enough to be caught twice they are also too stupid to drive....

MillaTK

Pussies because we are mature and accept the fact that it is illegal to street race, and understand the consequences of doing so? Sure thing rice boy, this is the "*****" section, guess we should change the name... just for you. Hey SpEd... why don't you trade in your trans am for a nice civic or integra... get a nice 4" exhaust tip on that bad boy, maybe even a wing, and I'm sure you will run into your fair share of "real" street racers. Street racing fo' life dawg...
******* dipshit...

SouthFL.02.SS

Refer too...

tripps

iTrader: (7)

I dont care what anyone has to say about it, street racing is the immature and stupid way to do it. I'll be honest. I did it, back in january 05, against my friends 72 chevelle SS. My g/f was in the car, always loving going fast. I had never been a wreck or anything, and was generally a good driver. But when i lined up next to that guy that night, i just about threw everything away. Lets just skip to what it COULD do. I have a full scholarship to Texas A&M, Eagle Scout, top 10% of my class, never done anything really bad. Had i have killed anyone while street racing, my life would have been OVER.

I raced him, not once, but TWICE. the second time, i hit a speed bump about 3 inches tall that made me swerve, almost hitting my friend on the passenger side. Luckily i slowed down and he kept going so i narrowly missed him. SECOND...there was a Ft worth officer sitting at the end of the street, waiting, watching. when we both got down to the end of the street, there went the lights, and there went my world. Bond out of jail - 500. Lawyers Fee - 3000. Look ont he people's faces' whom i love and who care for me - Priceless. It will stay in my memory forever. 2 months later, my good friend died of street racing. he was racing his best friend, he being on a bike. he went over a set of train tracks at 105 mph, and was flipped off of the bike, losing his helmet. Seeing his family on the day of the funeral made me cry, and compelled me to never do anything that would make them cry and suffer like his family did.

The point to all this is that, if you love your family, and you don't ever want to bear any of them the sufferings that they should never be due, then dont street race. It's not worth it at all. Take it to the track, where its safe and
legal.

RIP Adrian