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

 

Chris, correct me if I'm wrong, but is the new trend to write bills that eliminate bills? The Patriot Act did away w/ over 5 Bills, and I don't see this one being much diff, seeing that they're trying to circumvent their way around the right of due process. I'm not a super idealist, but I'm still trying to figure out how they can pass such unconstitutional measures, and continue to do so over and over?

"Good" find nonetheless. I hope you guys in the SE forum jump on this, and use all the power and help you can to get something done. I'd post it on every other car forum you guys know of, and make sure the National Motorist Association is aware and coordinate your efforts w/ them. http://www.speedtrap.org/nma/index.html. In case you don't know, the NMA is pretty much the largest drivers' advocates in the States, and do a lot to help protect us from crap like what's mentioned above. I'd join 'em too

My $0.02
~Ramy

 

lol thats is what i was charged with back in december, a little honda ricer thought i was racing him but in reality i was trying to catch up the uhaul that left me behind. i had probably 400lbs of my **** in my se driving to my new place. i was doing 120 and a cop pulled me only over at the light. here is what the converstation was like. cop"guess one out of two aint bad, i had to do 115 to catch to you so you had to have been going faster" me "sorry officer i was trying to catch up to a uhaul" cop"so your werent racing" me "no sir" takes my license and registartion. 10 minutes later cop"you know i could arrest you right now and tow your car for racing. im charging you with racing and here is your court date. im releasing you of your own congense" i drive to my new place get an attorney the next day and after 4 months through the court process got it dropped to a wreckless driving with 4 points on my license. i was facing 60 days in jail and 1 year suspended licenses. which is really messed cause all the days i had to sit in court i watch DUI after DUI and the maxium conventicion with that is 10 days. and thats if you get in accedint no property damage then its just 5 days.

 

Laws like this are pure BS. They've been trying to do stuff like that around here... What do you do when the kid has the family car and is "racing" (according to the cop) in it? The parents lose the family car because Punkass Jr was goofing around?

Don't get me wrong, I'm against street racing, but this is just a stupid law that is way too open to interpretation by the cops. What if you're on the highway in heavy traffic and some guy won't let you merge, so you speed up and get in front of him? That was a race wasn't it?

STUPID LAW

 

https://www.rx7club.com/se-rx-7-forum-35/florida-passes-car-confiscation-legislation-422990/
https://www.rx7club.com/showthread.php?t=424074

WTF??

 

Dude...chill. Mr rx-7 tt isn't even in the SE...neither am I or Wargasm. He came across this info, thought it might benefit you SE guys, so he posted it. No reason to get overworked here. I don't expect you SE guys to know what's been posted in the NE section

 

Um... I was saying this was posted in this (SE) forum already, verbatim.

 

I know, and I was saying that Mr rx-7 tt isn't part of the SE forum, so he prob didn't realize it was posted here earlier

 

Right... but its just still on the first page. That's all I was saying. We now have two identical first page threads on the same subject. A mod should consolidate them. And its a friendly reminder to Mr RX7 TT to do a quick scan of a forum if not a full search, before posting.

 

Mr Rx7 meet Mr Analretentive

 

Sorry I happened to miss the other thread. The difference between mine and the other thread is specifics and the Governors e-mail. Reading about it is great but you must take ACTION to stop this garbage. E-mail the man and let him know your against the bill.


BTW: Thanks, Ramy.

 

doesn't apply to Rx7 drivers drag racing, just hondas

 

You obviously haven't been around long. Welcome.

 

Whoops lol

I really hope you don't believe this...

 

If I read the post right it said FOUR people were killed in florida due to street racing????If thats so or if the # is higher, I bet that theres more accedents and deaths caused in FL by old people who are able to renew there license by mail who can barly see, have no reflexes, barly hear,ect.. then street racing....I see why they want laws against street racing but taking someones car and jail time is over the top! I could see it a little more for repete offenders.

 

lol josh i was thinking the same thing with the 4 deaths. I actully did a speech for my public speaking class on why senior citizens should have to retake there drivers liscense test after the age of 65 for every 3 years.

 

But you know what your problem is? You're thinking based on logic. They govt. doesn't believe in logic. They believe in $$. Lobbying against street racing makes a good image, gets them more funding, and of course, seizure and liquidation of expensive sport cars helps their budget too No one would dare harrass the elderly population that's their largest constituent body, because they're their main supporters...

 

Yep thats exactly right its just a big WTF!