Street Racing Legislation in FL...

Matt Golden

Member
Joined
Sep 2, 2004
Second post is the FL stuff
Maybe I can get some nice cars at auction in about a year or so... :D


Date: Mon, 9 May 2005 18:29:26 -0000
From: "Mullikin, Stefan P" <Mullikin.Stefan@ups-scs.com>
Subject: RE: SD> EMAIL FLORIDA'S GOVERNOR NOW!!

Same law that is being passed in Kalifornia and is likely coming soon
elsewhere. People had similar complaints here about the laws that were
passed to curb people driving uninsured or without a valid license or
even DUII. They pull you over and you're illegal, your car is pulled.
I've had this happen to me more than I care to admit. Did I complain?
Yeah a little when I had to walk off the freeway to call a cab, but it
was my fault. Pure and simple, I got caught doing soemthing I knew
better than to do. I paid my fines, picked up my car and resolved the
problem I had that got me there.

You can thank F&F and Initial D for making the average lobbyist more
"informed" about street racing. The racers have always been doing this,
nothing new. Ever since the car was mass produced, racers have been
working on determining who's the fastest. Of course some of the movies
may have helped ignite the imaginations of the younger set. Most have
grown out of it like I did after growing up watching Smokey and The
Bandit and CannonBall Run, etc.

The fact is that even though many of us do it, we really shouldn't.
Don't like the law? Lobby to have it removed like the original poster
intended. The fact is that most states have had laws in place for
dealing with racing. Most haven't been this painful, but that's just
part of the deal. When the mother's and Father's of those dead kids
scream, the legislsture has to do something or they'll not get voted in
next term. Simple as that.

I agree that the wording is too broad and therefore easy to enforce, but
that also means that its easier to get out of it as well. Make the cop
prove, in court, that you were drag racing. If they've got video, then
you're screwed. Bring specs on your car to prove that its not a fast
car (hey stock most turbo cars only ran 15's) If you've not had any
tickets the judge will probably toss it. The exception would be if you
were busted in the middle of a run at a large street race.

Stefan Mullikin
Portland, OR
Co-Founder
PNW-SDAC
http://www.pnw-sdac.org
1980 Fiat X-1/9
1984 Dodge Rampage 2.2
1987 Dodge Daytona Shelby Z
1987 Shelby CSX #106
1988 Shelby CSX-T #3


- -----Original Message-----
From: owner-shelby-dodge@imagicomm.com
[mailto:eek:wner-shelby-dodge@imagicomm.com] On Behalf Of Eric .
Sent: Monday, May 09, 2005 8:50 AM
To: Shelby-Dodge@sdml.org
Subject: SD> EMAIL FLORIDA'S GOVERNOR NOW!!

Not to condone street racing, so don't get off track here, and start
preaching, but please read and pass along!!!

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!!!

------------------------------
 
What exactly do you think one could say to actually have some impact on the governor's decision on this topic? My current opinion, is Car enthuasiats(sp) are labeled and these laws will be passed no matter what I, you, or 5000 car enthuasiats say. The punishment for a DUI is starting to look better then getting caught street racing..:rolleyes: ...Amazing what a few big mouth women can cause(Mothers against Drunk Drivers have been involved in the legislation of these rediculous laws).
 
It is rediculous. This is what these morons are making law on while children are being lost, kidnapped, raped and murdered. Right. :rolleyes: A streetrace is a more serious offense than drunk driving. How to steal legally. Bush is an idiot! All of them are idiots!
 
Originally posted by Red Regal T
It is rediculous. This is what these morons are making law on while children are being lost, kidnapped, raped and murdered. Right. :rolleyes: A streetrace is a more serious offense than drunk driving. How to steal legally. Bush is an idiot! All of them are idiots!

The legislators are the idiots for this...Bush becomes one if it's signed....
 
Well as my luck would have it I am the first TR guy in Florida to get it. See the post in the Kills section.
 
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