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.

In Other Words, on the street, even driving with friends, WATCH YOUR ASS

dang that sucks

Glad im not living in Florida than.

thats what tracks are for. Should make the track nights that much funner.

There are no track nights, that's the problem, they should be open every night, even if they don't have time slips every night.

somebody sum it up for me... i didn't even bother reading it...

WTF this is SHITTY

and in jacksonville where i live, i could swear that the fine is 10,000, thats what they were trying to pull on my cousin anyways

they should really define drag/street racing clearly, i mean they do in the law but i would like a better definetion, i mean like i've gotten pulled over for racing when i tried to pass a car on the interstate, luckly i was able to talk my way out of it considering the car i passed wsa going like 10mph under and the cop saw that [but as it was some ricey looking civic he decided he should pull us over]

[B]SHORT VERSION
its like this you get a fine of 1000dollars, they take your car bypassing normal seizure laws, then they take your license for a year, this is all the first time

second time your license is gone, you get charged in court, they take your car and sell it at auction you get another fine

it affects you even if you are in a empty lot in the middle fo nowhere, where no one would be hurt, they say two cars or more, if you stop up traffic to race, even if you try to speed up to keep some asshole from passing you, and something about endurance racing [so if you are road tripping with friends in multiple cars don't speed or pass or block for them]

it goes into affect october1, 2005
oh yes and the best part is the passengers get charged too

seemingly the only plus side to this is that a lot of cool cars are going to get seized and auctioned so if you have a lot of time and money on your hands you should be able to make out with some cool stuff from the auctions.

we have a 1/8 track around here and thats it one night a week test and tune. thats bull shit i want a real track someplace where i can actually get out there and drive for moer then 8 seconds at a time

and i put that pic in my sig a week ago and this is the first time its actually shown up for me hmmmmm???

^ dunno man... it's gone now?

yea now i took it away cause it was to big and i dont know how to downsize it

dude...in CA... ur car will be CRUSHED.
U..go to jail
U..pay $$$$$$$$$


in cal it sucks the most, but i don't drag or street race, i do go to tracks or go to some FAR FAR FAR away canyons...

no drift tracks here

there is an autoX track some where near my house according to quite a few people, but i haven't located it yet

sideways where are you exactly??

destin florida in the panhandle

Almost the same in VA. I got off pretty easy, but I'm guessing it's because I had a lawyer with me. If I didn't, then I probably would have been put in jail, and given a suspended license right there. I was sentenced to 10 days in jail, with 10 suspended, on the condition that I was put on driving probation for 2 years and didn't receive any moving violations within that time. Well, another one of VA's stupid laws is that any ticket you receive while you are 19 or under, you must complete an 8 hour driver improvement clinic within 3 months of the offense or your license is suspended until you do so. EVERY SINGLE TICKET! Well, I didn't take the class within 3 months, so my license was suspended. I ended up getting pulled over a couple of months ago while I was driving on my suspended. I received a ticket for that. I now have my license back, but I have to appear in court on July 20th for my driving on a suspended license ticket. I'm not too worried about that since the only reason it was suspended in the first place was because I didn't take the class within the 3 months, but I have since taken it AGAIN, and got my license back. I'm taking a lawyer just in case as well. The only thing that I am worried about though in court is that I broke my driving probation, so I may have to end up serving 10 days in jail... Not really looking forward to that.

http://members.cox.net/jspecsileighty/case.jpg

WTF.....

The way I see it, if you get a ticket for driving at excessive speeds(or racing), if you can pass an advanced driving techniques class, then the ticket should be on someone's ass serving a purpose.

Because everyone knows how dangerous street racing is huh? All the street racers are causing wrecks huh? No. All of us go out on the streets so we don't have to deal with a pack of uncle ben's finest at the track. Fuck this law. I speed damn near everyday(did 130 today) and have since before I got my license. Sure I've had my lil debacles, but I will tell you that if you learn to drive by speeding, drifting, and trying shit you really shouldn't, then you will be a much better driver in the long run. My driving class involved me and my best friend taking his truck out to the dirt roads and rural paved roads and sliding aroudn turns. We then evolved to trying reverse 180s, combination drifts, and doing higher speed drifts(45-50MPH, this was on dirt BTW). We also took a beater Subaru out and rallied the hell out of it. I learned to shift in his truck by just straight up drag racing where we really shouldn't. And to this day, no tickets, no wrecks. Funny how I'm the only one out of every person my age I know that hasn't gotten in a wreck or gotten a ticket...

Point being, this law is great and everything for the Martha Stewart and Christopher Lowell fan club, but the truth is, those of us who race and do it wisely, don't cause the wrecks and therefore, shouldn't be punished. Slap the fuckhead soccer moms with cars larger than their wireless bill with a wack-ass law about being a stupid-ass. Oh man, we'd have a riot then huh? "Why should we have to sit in jail for pulling out in front of someone????"

And yea, maybe we would go to the track if it was open more than two days a week. There should be a legal place to race 24/7 IMO. I'd work there. I'd take my car with me and race while I worked.lol THat would be a kickass job. And I'd make some of these kickass sandwitches that I just made. That would rock.

^i concur. half of us who like to drift and race are responsible but half are dumbasses. just be smart

hahah go to jail for pulling out in front of people. if only....