New Florida Racing on the Highways Laws in Effect July 1, 2024

Starting July 1, 2024, the laws relating to Racing on Highways in Florida are changing.  The Florida legislature has increased the penalties and created new provisions that will affect anyone charged with this crime.  

 

 

The crime of racing on the highways includes a lot of activities including racing, street takeovers, stunt driving, speed exhibitions and more.  It applies to highways, roadways, and parking lots.  An officer doesn’t need a warrant to make an arrest.  And even a first time offense will result in a mandatory driver license revocation for at least 1 year. 

The penalties were already harsh, but the legislature has made them even harsher.  

For first time violations, the maximum possible fine will increase from $1000 to $2000 dollars, so the fine range will be between a minimum of $500 and a maximum of $2000.  The mandatory driver license revocation remains 1 year. 

For second time violations, the offense is enhanced from a first degree misdemeanor to a third degree felony if the offense is within 1 year of the prior conviction.  The fine range will also increase to a minimum of $2,500 and a maximum of $4000.  The mandatory driver license revocation remains 2 years. 

For third time and subsequent violations, the offense is enhanced to a 2nd degree felony punishable by up to 15 years, if the third or subsequent offense is within 5 years of the prior conviction.  The fine range is also increased to a minimum fine of $3,500 up to a maximum fine of $7,500. The mandatory driver license revocation remains 4 years. 

There is also a new penalty if emergency vehicles are impeded while they are responding to an emergency which is a third degree felony punishable by up to 5  years in prison. And a second or subsequent offense of racing on the highways and impeding an emergency vehicle is a 2nd degree felony and comes with a mandatory 4 year driver license revocation. 

The law also creates a new penalty when there are 10 or more vehicles operated in an organized manner and engaged in racing as defined in the statute. This is a 3rd degree felony punishable by up to 5 years in prison, a fine range between $2,500 and $4,000, a mandatory 2 year driver licenses revocation and the vehicle can be seized if engaged in purposefully impeding traffic. 

The new law also authorizes the impoundment or immobilization of the vehicle for 30 business days, even if it is not owned by the person charged with the offense. 

Finally, for spectators of racing on highways, they are subject to a non-moving violation with a fine of $400. 

 

One interesting thing to note about this statute is that the 4th district court of appeal held that it was unconstitutionally vague, while the 1st district court of appeal held that it was not unconstitutionally vague.  This has created a circuit split and the 1st district certified the question to the Florida Supreme Court. Unfortunately, the Florida Supreme Court has not resolved the issue and it doesn’t appear that any of the other district courts have weighed in on the issue, so courts in those districts are free to decide for themselves whether the law is unconstitutional.