Florida Passes Car Confiscation Legislation - SRT Forums

boostking · 05-09-2005, 02:15 PM

Florida Passes Car Confiscation Legislation
Police in Florida can seize cars used in racing without a hearing or due process.

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.

Here is Jeb Bush's email address. Please send him a note letting him know that you don't support any bill that takes property from citizens of Florida without due process

jeb.bush@myflorida.com
Reply With Quote

k0ts · 05-09-2005, 02:30 PM

Those guys have no sense of humor at all!!!

Back-n-Black · 05-09-2005, 02:33 PM

My email to him.

Mr.Bush,
I am writing to let you know that I am opposed to this new law and believe that no one should have the right to take my belongings without a trial. This would be putting more power in the hands of people who have shown they can not handle the responsibility. Thousands of people die every year in Florida because of drunk drivers yet no law like this is past for those that are pulled over for being drunk. Maybe that is the law we should pass. If a cop pulls you over and thinks, or in there best judgment believe you to be intoxicated, can then impound and sale your car without going to court. I think that would be funny to watch half of the elected officials for Florida to walk to work every day.

This law is a witch hunt and passing on bigger problems to other people. By shear facts and numbers alone no one could argue that the driving while intoxicated is a bigger problem than anything else on the roads in Florida. Second by a close unlicensed/uninsured driver problem. Why are we not making laws to correct those wrongs? In the late 60's a friendly drag race was a way of life and no more deaths happened because of it, but on the other hand you can look at alcohol saturation and see where the more alcohol is the more automobile crashes and deaths occur. Please turn this bill away and support what the constitution is about and that is peoples freedom till proven in court to be guilty.

Randy

Viper Jr. · 05-09-2005, 02:38 PM

Quote: Originally Posted by Back-n-Black

My email to him.

Mr.Bush,
I am writing to let you know that I am opposed to this new law and believe that no one should have the right to take my belongings without a trial. This would be putting more power in the hands of people who have shown they can not handle the responsibility. Thousands of people die every year in Florida because of drunk drivers yet no law like this is past for those that are pulled over for being drunk. Maybe that is the law we should pass. If a cop pulls you over and thinks, or in there best judgment believe you to be intoxicated, can then impound and sale your car without going to court. I think that would be funny to watch half of the elected officials for Florida to walk to work every day.

This law is a witch hunt and passing on bigger problems to other people. By shear facts and numbers alone no one could argue that the driving while intoxicated is a bigger problem than anything else on the roads in Florida. Second by a close unlicensed/uninsured driver problem. Why are we not making laws to correct those wrongs? In the late 60's a friendly drag race was a way of life and no more deaths happened because of it, but on the other hand you can look at alcohol saturation and see where the more alcohol is the more automobile crashes and deaths occur. Please turn this bill away and support what the constitution is about and that is peoples freedom till proven in court to be guilty.

Randy

Right on man, i couldnt have said it any better myself.

But sadly I think we're to need a couple thousand more of these kinds of letters to make a dent in this issue.

psi chick · 05-09-2005, 02:40 PM

welcome to our world. new york has had the same law in place for about two years now. that's why i don't street race...it's not worth losing my car.

hozay09 · 05-09-2005, 02:42 PM

Quote: Originally Posted by psi chick

welcome to our world. new york has had the same law in place for about two years now. that's why i don't street race...it's not worth losing my car.

She's right. Thats been around for a while in NY. yet, people still race?

gliv · 05-09-2005, 02:45 PM

Nice, now if a cop determines your drag racing or racing when you should only get a speeding ticket for lets say going 5 to 10 mph over the speed limit your screwed. I would like to thank all the street racing morans for making this happen, take it to the track. Thats my .02

Viper Jr. · 05-09-2005, 02:59 PM

so if grandma is going 80 down I-75 shes going to get pulled over for street racing??? thats sad, funny, and awsome all at the same time!

toasteroven · 05-09-2005, 03:10 PM

Remember - if you're in a minivan with a plush Garfield hanging onto the back window, you're exempt!

The only people that street race me are the assholes trying to get in front of me to cut me off. Learn how to merge!

mattie · 05-09-2005, 03:16 PM

I knew all this would happen, just not this soon.

Weezheat · 05-18-2005, 01:38 PM

I would understand if this is in place for an organized drag race. (Say, beginning of 2 fast 2 furious), with cash prizes and whatever else. But come on, I95 and you see another car, and go for it a little bit till 80, and I might get my car taken away, and sold?
That makes no sense, at all.
And I doubt that everyone who says "take it to the track" does not do a quick 60-80, or something like that on the freeway if they see another car with the smiliar power. I just dun beleive ppl that have this car with upgrades and everything, will not do a quick acceleration every now and then, no matter the age. Ive never done anything else except a quick acceleration that lasts no more than a handful of secs.
Anything else, I agree take it to the track.
This law is just unjust, and furthermore, it punishes the least guilty for car accidents. I agree with Back-nblack, let them penalize the drunk and high, or drugged up. Or the ones that organize drag races for cash prizes in the middle of the street.
But a 30mph accelation should not mean losing your car.
Just absurd.

apoczen211 · 05-18-2005, 06:57 PM

this whole law thing is bulls*$t.. Why dont they invest in a track then? Selling guns and no gun ranges would raise the crime of firing a gun in city limits, thats why there is gun ranges all over convenietly placed to let people learn and respect the weapon as a tool and not a toy..the nearest track to me is 1hr north or south. If I put a mod on my car i have really no choice to hit power line road and test it, I sure as f@ck am not driving an hour to find out whats up with what i installed..And last of all this is not a resolve to what is going on, on the roads. This another power the police will abuse and help the stereotypes work for the police. Imagine a racist cop pulling over a person they are recist against, for speeding..sorry so long but had to get that out

chuckdog_5 · 05-18-2005, 07:30 PM

heres an idea, dont street race and you dont have to worry

Weezheat · 05-18-2005, 09:08 PM

All due respect to you chuck, but I will not beleive that if you r on the freeway, and say an STI or EVO or whatever matches your power is next to you, and he accelerates over the speed limit, I cant beleive you wont accelerate as well. and Im not saying going 120mph. Ive only hit that ONCE in 8 months of owning the car. But a 50/60-80? come on.
Racing for money, and/or organized street races are a whole other ballgame.

Again, all respect towards you and everyone else. I didnt and do not wanna single you out, this is just a general personal opinion.

PBSRT-4 · 05-18-2005, 09:31 PM

It's called self control. Are people that ego driven that an evo or sti accelerating next to you would tarnish your image and you HAVE to accelerate with him/her. I hope to god nobody jumps off a bridge when that person is standing next to them. I have had my car for a little over a year and NEVER street raced with anybody. Am I saying I haven't been up to 120, no but not with other cars around that I have no control over. Have some self control. Take it to the Track.