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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