Illegal Street Racing &Drag Racing in Florida Law

Presented By Dana Crosby

County Attorney’s Office

Illegal Street Racing & Drag Racing in Florida Law

Existing law in Florida

Enforcement in Orange County

Regulation in other jurisdictions

Illegal Street Racing & Drag Racing in Florida Law

Existing Law --

It is a criminal traffic offense in Florida to participate in street racing or drag racing.

s.316.191(2)(a), FS

Illegal Street Racing & Drag Racing in Florida LawExisting Law --

A person may not: Engage in such a race; Participate in, coordinate, facilitate, or collect money at such an

event; Ride as a passenger in such a race; Cause traffic to slow or stop for such a race.

s.316.191(2)(a), FS

Illegal Street Racing & Drag Racing in Florida Law

Existing Law –

In a recent Florida Appellate Case the court found the term “racing” to be unconstitutionally vague.

Notably, the term “drag race” was not considered nor was it ruled upon by the Wells court.

State v. Wells, 4D06-3425 (Fla. 4th DCA Sept. 12, 2007)

Illegal Street Racing & Drag Racing in Florida Law

Enforcement –

Since the Wells case, Orange County Sheriff’s Deputies will arrest a suspect in an illegal race only if the officer has probable cause to believe that the suspect was engaging in a “drag race”.

Orange County Sheriff’s Office Legal Bulletin,

issued September 2007

Illegal Street Racing & Drag Racing in Florida LawOther jurisdictions –

Other jurisdictions that have enacted spectator ordinances

California (approximately a dozen cities and at least one county)

Kent, Washington

Illegal Street Racing & Drag Racing in Florida LawOptions --

There is no provision in Florida law dealing with spectators.

The spectator element of drag racing is not preempted by Florida law.

Orange County can enact an Ordinance to focus on spectators.

Illegal Street Racing & Drag Racing in Florida Law

Requested Action --

Direction from the Board to prepare and present an ordinance regulating spectators at a drag race.

Illegal Street Racing & Drag Racing in Florida Law

Thank you!

I am available to answer any questions relevant to the law or the recent Florida case.