1. Illegal Street Racing & Drag Racing in Florida Law
Presented By Dana Crosby
County Attorney’s Office

2. Illegal Street Racing & Drag Racing in Florida Law
Existing law in Florida
Enforcement in Orange County
Regulation in other jurisdictions

3. 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 (2)(a), FS

4. Illegal Street Racing & Drag Racing in Florida Law
Existing 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 (2)(a), FS

5. 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, 4D (Fla. 4th DCA Sept. 12, 2007)

6. 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

7. Illegal Street Racing & Drag Racing in Florida Law
Other jurisdictions –
Other jurisdictions that have enacted spectator ordinances
California (approximately a dozen cities and at least one county)
Kent, Washington

8. Illegal Street Racing & Drag Racing in Florida Law
Options --
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.

9. 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.

10. 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.