HomeMy WebLinkAboutReso 2024-3627RESOLUTION NO. 2024 -�1
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, EXPRESSING SUPPORT OF FLORIDA SENATE BILL 1764 RELATING TO
CAR RACING PENALTIES; DIRECTING THE CITY CLERK TO TRANSMIT COPIES OF
THIS RESOLUTION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the safety and well-being of the residents and visitors of the City Sunny Isles
Beach (the "City") are of the utmost importance; and
WHEREAS, illegal street racing and coordinated street takeovers pose significant dangers
to public safety, contributing to property damage, injuries, and fatalities; and
WHEREAS, Florida Senate Bill 1764 ("SB 1764") proposes important amendments to s.
316.191 F.S., aimed at curtailing the dangerous activities associated with illegal street racing and
coordinated street takeovers; and
WHEREAS, SB 1764 defines "Coordinated street takeover," increases fines and penalties
for violations, and creates new felony offenses for actions that significantly endanger public
safety and emergency response efforts; and
WHEREAS, these measures are anticipated to have a positive impact on deterring such
reckless behavior, thereby enhancing the safety of our roads and communities; and
WHEREAS, the City Commission recognizes the importance of supporting legislation that
contributes to the safety and security of our community and finds that it is in the best interest of
its residents and visitors to support SB 1764.
NOW, THEREFORE, BE RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Express Support of Florida Senate Bill 1764. The City Commission hereby
expresses its support of Florida Senate Bill 1764.
Section 2. Direction to the City Clerk. The City Clerk is hereby directed to distribute copies
of this Resolution to the Florida League of Cities, the President of the Florida Senate, and the
Speaker of Florida House of Representatives, and the Governor of the State of Florida.
Section 3. Authorization of the City Manager. The City Manager is hereby authorized to do
all things necessary to effectuate the terms of this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
@BCL@640B6E97.docx Page 1 of 2
264
ATTEST,:'
A � 1
MauNcio
PASSED AND ADOPTED this 151h day
ur, CMC, City Clerk
ry, 2024.
Larils� Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
dAa&"V
AI in E. Boileau, P.A., for Nabors, Giblin &
Nickerson, City Attorney
Moved by: ,+L�/ ?jll�, ' (/l�'t�?F ' ' Seconded by: 0 _ c-` v ✓es
Vote:
Mayor Svechin
Vice Mayor Lama
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
�- (Yes)
(No)
@BCL@640B6E97.docx Page 2 of 2 265
Florida Senate - 2024
CS for SB 1764
By the Committee on Transportation; and Senator Pizzo
596-02956-24
20241764c1
1 A bill to be entitled
2 An act relating to car racing penalties; s. 316.191,
3 F.S.; defining the term "coordinated street takeover";
4 increasing the maximum fine for violations of the
5 prohibitions against drag racing, street takeovers,
6 stunt driving, competitions, contests, tests, or
7 exhibitions; revising applicability of the penalty for
8 second violations of prohibitions against drag racing,
9 street takeovers, stunt driving, competitions,
10 contests, tests, or exhibitions; increasing the
11 criminal penalties and fines for any such violations;
12 providing penalties for knowingly impeding,
13 obstructing, or interfering with an authorized
14 emergency vehicle that is on call and responding to an
15 emergency while a person is participating in a drag
16 race, street takeover, stunt driving, competition,
17 contest, test, or exhibition; providing penalties for
18 any person who commits certain violations while
19 engaged in a coordinated street takeover; authorizing
20 the arresting officer to seize a vehicle used to
21 perform certain acts and authorizing the department to
22 revoke the driver license of the person who committed
23 such acts for a specified timeframe; providing a fine
24 for a spectator at any race, drag race, or street
25 takeover; revising circumstances under which a motor
26 vehicle used in connection with a specified violation
27 may be impounded at the time of a person's arrest;
28 providing an effective date.
29
Page 1 of 6
CODING: Words stLcieken are deletions; words underlined are additions. 266
Florida Senate - 2024
CS for SB 1764
596-02956-24 20241764c1
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Present paragraphs (b) through (k) of subsection
33 (1) of section 316.191, Florida Statutes, are redesignated as
34 paragraphs (c) through (1), respectively, a new paragraph (b) is
35 added to that subsection, subsection (3), paragraph (b) of
36 subsection (4), and paragraph (c) of subsection (5) of that
37 section are amended, and subsection (2) and paragraph (a) of
38 subsection (4) of that section are republished, to read:
39 316.191 Racing on highways, street takeovers, and stunt
40 driving. -
41 (1) As used in this section, the term:
42 (b) "Coordinated street takeover" means 10 or more vehicles
43 operated in an organized manner to effect a street takeover.
44 (2) A person may not:
45 (a) Drive any motor vehicle in any street takeover, stunt
46 driving, race, speed competition or contest, drag race or
47 acceleration contest, test of physical endurance, or exhibition
48 of speed or acceleration or for the purpose of making a speed
49 record on any highway, roadway, or parking lot;
50 (b) In any manner participate in, coordinate through social
51 media or otherwise, facilitate, or collect moneys at any
52 location for any such race, drag race, street takeover, stunt
53 driving, competition, .contest, test, or exhibition;
54 (c) Knowingly ride as a passenger in any such race, drag
55 race, street takeover, stunt driving, competition, contest,
56 test, or exhibition;
57 (d) Purposefully cause the movement of traffic, including
58 pedestrian traffic, to slow, stop, or be impeded in any way for
Page 2 of 6
CODING: Words strieken are deletions; words underlined are additions. 267
Florida Senate - 2024 CS for SB 1764
596-02956-24 20241764cl
59 any such race, drag race, street takeover, stunt driving,
60 competition, contest, test, or exhibition;
61 (e) Operate a motor vehicle for the purpose of filming or
62 recording the activities of participants in any such race, drag
63 race, street takeover, stunt driving, competition, contest,
64 test, or exhibition. This paragraph does not apply to bona fide
65 members of the news media; or
66 (f) Operate a motor vehicle carrying any amount of fuel for
67 the purposes of fueling a motor vehicle involved in any such
68 race, drag race, street takeover, stunt driving, competition,
69 contest, test, or exhibition.
70 (3)(a) Any person who violates subsection (2) commits a
71 misdemeanor of the first degree, punishable as provided in s.
72 775.082 or s. 775.083. Any person who violates subsection (2)
73 shall pay a fine of not less than $500 and not more than $2,000
74 x-008, and the department shall revoke the driver license of a
75 person so convicted for 1 year. A hearing may be requested
76 pursuant to s. 322.271.
77 (b) Any person who commits a second violation of subsection
78 (2) within 1 year 5 years after the date of a prior violation
79 that resulted in a conviction for a violation of subsection (2)
80 commits a felony of the third degree miselef'neaneLa ef the first
81r-ee, punishable as provided in s. 775.082, e -r- s. 775.083, or
82 s. 775.084, and shall pay a fine of not less than $2,500 $
83 and not more than $4,000 $3,009. The department shall also
84 revoke the driver license of that person for 2 years. A hearing
85 may be requested pursuant to s. 322.271.
86 (c) Any person who violates subsection (2) and, in the
87 course of committing the offense, knowingly impedes, obstructs,
Page 3 of 6
CODING: Words strieken are deletions; words underlined are additions. 268
Florida Senate - 2024
CS for SB 1764
596-02956-24 20241764cl
88 or interferes with an authorized emergency vehicle as defined in
89 s. 316.003(1) which is on call and responding to an emergency
90 other than a violation of this section, commits a felony of the
91 third degree, punishable as provided in paragraph (b).
92 (d) Any person who commits a second or subsequent violation
93 of paragraph (c) commits a felony of the second degree,
94 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
95 The department shall also revoke the driver license of that
96 person for 4 years. A hearing may be requested pursuant to s.
97 322.271.
98 (e) Any person who commits a third or subsequent violation
99 of subsection (2) within 5 years after the date of a prior
100 violation that resulted in a conviction for a violation of
101 subsection ( 2 ) commits a felony fftisdeffte ner of the second fiLcst
102 degree, punishable as provided in s. 775.082, e -r- s. 775.083, or
103 s. 775.084, and shall pay a fine of not less than $3,500 g
104 and not more than $7,500 $5,GG9. The department shall also
105 revoke the driver license of that person for 4 years. A hearing
106 may be requested pursuant to s. 322.271.
107 (f) Any person who violates paragraphs (2)(a), (d), (e), or
108 (f) while engaged in a coordinated street takeover commits a
109 felony of the third degree, punishable as provided in s. 775.082
110 or s. 775.083, and shall pay a fine of not less than $2,500 and
111 not more than $4,000. Pursuant to the Florida Contraband
112 Forfeiture Act, the arresting law enforcement agency may move to
113 seize any vehicle used in the violation of paragraph (d). The
114 department shall also revoke the driver license of that person
115 for 2 years. A hearing may be requested pursuant to s. 322.271.
116 (g)+d* In any case charging a violation of subsection (2),
Page 4 of 6
CODING: Wordss4�icieken are deletions; words underlined are additions. 269
Florida Senate - 2024 CS for SB 1764
596-02956-24 20241764c1
117 the court shall be provided a copy of the driving record of the
118 person charged and may obtain any records from any other source
119 to determine if one or more prior convictions of the person for
120 a violation of subsection (2) have occurred within a specified
121 period 5ye rs before the charged offense.
122 (4)(a) A person may not be a spectator at any race, drag
123 race, or street takeover prohibited under subsection (2).
124 (b) A person who violates paragraph (a) commits a
125 noncriminal traffic infraction, punishable by a fine of $400 a-&
126 a ffteving v i e l a t i en as p r-evrd eel —i n ehapter 318.
127 (5) Whenever a law enforcement officer has probable cause
128 to believe that a person violated subsection (2), the officer
129 may arrest and take such person into custody without a warrant.
130 The court may enter an order of impoundment or immobilization as
131 a condition of incarceration or probation. Within 7 business
132 days after the date the court issues the order of impoundment or
133 immobilization, the clerk of the court must send notice by
134 certified mail, return receipt requested, to the registered
135 owner of the motor vehicle, if the registered owner is a person
136 other than the defendant, and to each person of record claiming
137 a lien against the motor vehicle.
138 (c) Any motor vehicle used in violation of subsection (2)
139 may be impounded for a period of 30 business days if a law
140 enforcement officer has arrested and taken a person into custody
141 pursuant to this subsection and the per -sen being —arra tars t
142 registere er ef the meter e ;e e. If the
143 arresting officer finds that the criteria of this paragraph are
144 met, the officer may immediately impound the motor vehicle. The
145 law enforcement officer shall notify the Department of Highway
Page 5 of 6
CODING: WordsstLcieken are deletions; words underlined are additions. 270
Florida Senate - 2024
CS for SB 1764
596-02956-24 20241764cl
146 Safety and Motor Vehicles of any impoundment for violation of
147 this subsection in accordance with procedures established by the
148 department. Paragraphs (a) and (b) shall be applicable to such
149 impoundment.
150 Section 2. This act shall take effect July 1, 2024.
Page 6 of 6
CODING: Words stLaieken are deletions; words underlined are additions. 271
"N' }kq yr
cfrk 4p 8'4n f yV
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: Larisa Svechin, Mayor
DATE: February 15, 2024
RE: Expressing Support for Florida Senate Bill 1764 Relating to Car Racing
Penalties
RECOMMENDATION:
This Resolution is presented for your consideration.
REASONS:
Reckless drivers are a nuisance at best and a danger to life and safety at worst. They pose significant
dangers to public safety, contributing to property damage, injuries, and fatalities. Concerned residents
have repeatedly reached out to me expressing their frustration and concern regarding the car racing,
street takeovers, dangerous driving, etc. Senator Pizzo is sponsoring CS/SB 1764 (Car Racing Penalties)
which proposes important amendments to s. 316.191 F.S., aimed at curtailing these coordinated street
takeovers and associated dangerous activities. The bill increases fines and penalties for violations, and
creates new felony offenses for actions that significantly endanger public safety and emergency
response efforts.
bring this in front of the commission for support.
ADDITIONAL INFORMATION:
As of February 8, 2024, it has passed three committees and looks to be moving to the floor for a vote.
ATTACHMENTS:
Resolution
Senate Bill 1764
Item Number: 101
263