What changed in Florida's street racing law for street takeovers and stunt driving?

Section 316.191 is now titled "Racing on highways, street takeovers, and stunt driving," and it was most recently amended in 2022 and 2024 (chs. 2022-180, 2024-146). This page follows the current text and covers what it adds beyond a simple race. How Mr. Mead defends racing charges in general is on our street racing offenses page.

What does the law now cover, step by step?

1. The places. A "highway, roadway, or parking lot" (s. 316.191(2)(a)). Parking lots are named expressly.
2. The events. A race, drag race, speed contest, exhibition of speed, "street takeover" (taking over part of a road or lot by blocking traffic to perform a race or stunts), or "stunt driving" (burnouts, doughnuts, drifting, wheelies or other dangerous activity as part of a takeover) (s. 316.191(1)).
3. The vehicles. Cars, motorcycles, autocycles, mopeds, all-terrain and off-road vehicles, and vehicles not licensed for the road (s. 316.191(1)(g)).
4. The people. Drivers; anyone who participates in, coordinates "through social media or otherwise," facilitates or collects money; knowing passengers; people who purposely slow or stop traffic for the event; drivers who film participants (news media excepted); and drivers carrying fuel for participants (s. 316.191(2)(a) to (f)).
5. Spectators. A person who knowingly chooses to attend and watch a race or takeover commits a noncriminal infraction (s. 316.191(4)).

What are the penalties?

A revoked driver may request a hearing under s. 322.271 at each level (s. 316.191(3)). Prison and fine limits for the felony levels come from ss. 775.082 and 775.083, and a conviction also requires FLHSMV's driver improvement course (s. 322.0261(4)(a)).

What happens to the car?

An officer with probable cause may arrest without a warrant, and the car "may be impounded for a period of 30 business days" after the arrest (s. 316.191(5), (5)(c)). The owner pays the towing, storage and notice costs unless the impoundment order is dismissed (s. 316.191(5)(b)), and the agency must release the car under the DUI release rules when the owner shows a valid license (s. 316.191(5)(a)). The court may also order impoundment as a condition of probation. A car used again within 5 years of a prior conviction may be seized and forfeited, if the owner is the person charged (s. 316.191(6)), and during a coordinated takeover the arresting agency may move to seize a vehicle used to block traffic (s. 316.191(3)(f)). The DUI release rules referred to here are explained in what happens to the car after a DUI.

How is a spectator identified?

The statute tells courts what to look at: "the relationship between the motor vehicle operator and the individual, evidence of gambling or betting on the outcome of the event, filming or recording the event, or posting the event on social media, and any other factor that would tend to show knowing attendance or participation" (s. 316.191(1)(i)). Someone who happens to be in the lot is not a spectator unless the presence was "the result of an affirmative choice to attend or participate."

Which court hears a takeover case?

That depends on the level. A first violation is a misdemeanor, which goes to county court, the court for "all misdemeanor cases not cognizable by the circuit courts" (s. 34.01(1)(a)). A repeat or coordinated-takeover case is a felony and goes to circuit court, which also takes any misdemeanor "arising out of the same circumstances" as the felony (s. 26.012(2)(d)). Because an officer may arrest on probable cause without a warrant (s. 316.191(5)), many cases begin with booking and a first appearance, then an arraignment, described in whether you have to go to your arraignment.

In Palm Beach County, the State Attorney's office holds misdemeanor and criminal traffic arraignments weekly at the North County and South County courthouses, and felony arraignments at the Criminal Justice Complex on Gun Club Road. A driver under 18 goes through the juvenile process instead, unless the State files certain felony cases in adult court, as explained in what happens after a juvenile arrest.

What changes the answer?

• A withhold still counts. For this section, "conviction" means a finding of guilt after a plea or trial "regardless of whether adjudication is withheld" (s. 316.191(1)(b)). A withhold does not avoid the repeat-offense ladder, unlike the general rule explained in what a withhold of adjudication is.
• Timing of priors. A second violation is a felony only if it comes within 1 year of a prior conviction; a third, within 5 years (s. 316.191(3)(b), (e)).
• Size of the event. Ten or more vehicles operated in an organized way make a "coordinated street takeover" (s. 316.191(1)(c)), which raises a first offense to a felony.
• Where it happened. Licensed racetracks, drag strips and designated areas are exempt (s. 316.191(7)).
• Other charges. Driving that does not fit a race or takeover may be charged as reckless driving, compared in reckless versus careless driving. Driving away from officers breaking up an event is charged separately, as in the penalty for fleeing or eluding.
• Speed alone. Very high speed without a race can be charged as dangerous excessive speeding (s. 316.1922), explained in whether a Florida traffic ticket is criminal or civil.

A worked example

For example, picture a hypothetical Saturday night meet in a closed retail parking lot in Broward. About fifteen cars arrive after a social media post; several drivers block the lot's entrances while two cars do doughnuts, a third driver films from behind the wheel, and a dozen people stand watching and posting videos. Because 10 or more vehicles were organized to take over the lot, a driver doing doughnuts, a driver blocking an entrance and the driver filming could each face a third-degree felony with a $2,500 to $4,000 fine and a 2-year revocation (s. 316.191(3)(f)). The person who wrote the post could face a charge for coordinating through social media under s. 316.191(2)(b). The people watching and posting could receive $400 spectator citations, and a passenger who knowingly rode along in a stunt car could be charged under s. 316.191(2)(c). This illustration is not a prediction for any case.

Common mistakes people make

• Posting or sharing videos from an event, which the statute names as evidence of knowing attendance.
• Assuming a parking lot is private ground outside the law; parking lots are named in the statute.
• Accepting a withhold on a first case and assuming a second case will be treated as a first.
• Not requesting the s. 322.271 hearing on the revocation when work depends on driving; see when a hardship license is possible.
• Leaving the car in impound longer than needed and letting storage costs grow.

What to do this week

1. Read the citation or arrest report to see which paragraph of s. 316.191 is charged.
2. If the car was impounded, find out where it is, the release date and the documents needed.
3. Stop posting about the event and do not delete anything already posted without advice.
4. List any prior racing citations and their dates, because the 1-year and 5-year windows matter.
5. Note the court date and whether the charge is a misdemeanor or a felony.
6. Ask about a hearing on the license revocation if you must drive for work.

Frequently asked questions

Is watching a street takeover illegal in Florida?

Being a spectator is a noncriminal infraction punishable by a $400 fine (s. 316.191(4)(b)).

Is doing doughnuts in a parking lot a crime?

As part of a street takeover, yes: stunt driving in a parking lot is covered (s. 316.191(1)(k), (2)(a)).

Can a passenger be charged?

Yes. Knowingly riding as a passenger in a race, takeover or stunt event is prohibited (s. 316.191(2)(c)).

How long is the license revoked?

One year for a first conviction, two for a second within a year or a coordinated takeover, and four for a third within five years (s. 316.191(3)).

Does the law cover motorcycles and dirt bikes?

Yes. "Motor vehicle" here includes motorcycles, mopeds, all-terrain vehicles, off-road vehicles and vehicles not licensed for the road (s. 316.191(1)(g)).

Is street racing a civil ticket?

No. Violations of subsection (2) are crimes; only spectating is a civil infraction (s. 316.191(3), (4)). How criminal traffic cases are defended is on our criminal traffic citations page.

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts. Takeover cases often rest on video and social media posts, and on whether the event met the statute's definitions, which is where a defense begins. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If you were charged after a meet or takeover, a confidential call to (561) 362-6677 is a sound first step.

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