Racing On A Highway

To prove the crime of [Racing on a Highway] [Street Takeovers] [Stunt Driving], the State must prove the following element beyond a reasonable doubt:

Give as applicable.
(Defendant)

a. drove a motor vehicle in

b. [participated] [coordinated, through social media or otherwise] [facilitated] [collected monies] at any location for

c. knowingly rode as a passenger in

d. purposefully caused moving traffic, including pedestrian traffic, to slow, stop, or be impeded in any way for

e. operate a motor vehicle for the purpose of filming or recording the activities of participants in

f. operate a motor vehicle carrying any amount of fuel for the purposes of fueling a motor vehicle involved in

[a race] [a drag race] [an acceleration contest involving a motor vehicle] [a street takeover] [any stunt driving] [a speed competition or contest involving a motor vehicle] [a test of physical endurance involving a motor vehicle] [an exhibition of speed or acceleration involving a motor vehicle] [an attempt, involving a motor vehicle, to make a speed record] on a highway or roadway or a parking lot.

Give only if § 316.191(3)(c), Fla. Stat. is charged.
If you find (defendant) guilty of [Racing on a Highway] [Street Takeover] [Stunt Driving], you must also determine whether the State proved beyond a reasonable doubt that in the course of committing the crime, [he] [she] knowingly impeded, obstructed, or interfered with an authorized emergency vehicle that was on call and that was responding to an emergency, other than the [Racing on a Highway] [Street Takeover] [Stunt Driving] that was alleged in this case.

Give only if § 316.191(2)(a) or(2)(d) or (2)(e) or (2)(f) Fla. Stat., and § 316.191(3)(f) is charged.
If you find (defendant) guilty of [Racing on a Highway] [Street Takeover] [Stunt Driving], you must also determine whether the State proved beyond a reasonable doubt that in the course of committing the crime, [he] [she] was engaged in a coordinated street takeover.

Definitions. Give only if applicable.
§ 316.003, Fla. Stat. “Organ transport vehicle” has its own definition in
§ 316.003, Fla. Stat.

“Authorized emergency vehicle” means vehicles of the fire department
(fire patrol), police vehicles, emergency management vehicles, organ transport
vehicles, such ambulances and emergency vehicles of municipal and county
departments, volunteer ambulance services, public service corporations operated
by private corporations, the Fish and Wildlife Conservation Commission, the
Department of Environmental Protection, the Department of Health, the
Department of Transportation, Department of Agriculture and Consumer
Services, and the Department of Corrections as are designated or authorized by
their respective departments or the chief of police of an incorporated city or any
sheriff of any of the various counties.

“Drag race” means the operation of two or more motor vehicles from a
point side by side at accelerating speeds in a competitive attempt to outdistance
each other, or the operation of one or more motor vehicles to the same point, for
the purpose of comparing the relative speeds or power of acceleration of such
motor vehicle or motor vehicles within a certain distance or time limit.

§ 316.191(1), Fla. Stat. Some of these terms have their own statutory definitions,
which should be given if necessary.
“Motor vehicle” means a self-propelled vehicle not operated upon rails or
guideway, including any motorcycle, autocycle, moped, all-terrain vehicle, offroad
vehicle, or vehicle not licensed to operate on a highway or roadway, but not
including a bicycle, electric bicycle, motorized scooter, electric personal
assistive mobility device, mobile carrier, personal delivery device, or swamp
buggy.

§ 316.003, Fla. Stat. Some of these terms have their own statutory definitions,
which should be given if necessary.
“Vehicle” means every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway [, except personal delivery
devices, mobile carriers, and devices used exclusively upon stationary rails or
tracks].

§ 316.191(1), Fla. Stat.
“Race” means the use of one or more motor vehicles in competition,
arising from a challenge to demonstrate superiority of a motor vehicle or driver
and the acceptance or competitive response to that challenge, either through a
prior arrangement or in immediate response, in which the competitor attempts
to outgain or outdistance another motor vehicle, to prevent another motor
vehicle from passing, to arrive at a given destination ahead of another motor
vehicle or motor vehicles, or to test the physical stamina or endurance of drivers
over long distance driving routes. A race may be prearranged or may occur
through a competitive response to conduct on the part of one or more drivers
which, under the totality of circumstances, can reasonably be interpreted as a
challenge to race.

§ 316.003, Fla. Stat.
“Roadway” means that portion of a highway improved, designed, or
ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the
event a highway includes two or more separate roadways, the term roadway as
used herein refers to any such roadway separately, but not to all such roadways
collectively.

§ 316.003, Fla. Stat.
“Street or highway” means

a. The entire width between the boundary lines of every way or place of
whatever nature when any part thereof is open to the use of the
public for purposes of vehicular traffic;

b. The entire width between the boundary lines of any privately owned
way or place used for vehicular travel by the owner and those having
express or implied permission from the owner, but not by other
persons, or any limited access road owned or controlled by a special
district, whenever, by written agreement entered into under s.
316.006(2)(b) or (3)(b), a county or municipality exercises traffic
control jurisdiction over said way or place;

c. Any area, such as a runway, taxiway, ramp, clear zone, or parking lot,
within the boundary of any airport owned by the state, a county, a
municipality, or a political subdivision, which area is used for
vehicular traffic but which is not open for vehicular operation by the
general public; or

d. Any way or place used for vehicular traffic on a controlled access
basis within a mobile home park recreation district which has been
created under s. 418.30 and the recreational facilities of which
district are open to the general public.

§ 316.191(1), Fla. Stat.
“Coordinated street takeover” means 10 or more vehicles operated in an
organized manner to effect a street takeover.

§ 316.191(1), Fla. Stat.
“Street takeover” means the taking over of a portion of a highway,
roadway, or parking lot by blocking or impeding the regular flow of traffic to
perform a race, drag race, burnout, doughnut, drifting, wheelie, or other stunt
driving.

§ 316.191(1), Fla. Stat.
“Burnout” means a maneuver performed while operating a motor vehicle
whereby the motor vehicle is kept stationary, or is in motion, while the wheels
are spun, resulting in friction which causes the motor vehicle’s tires to heat up
and emit smoke.

§ 316.191(1), Fla. Stat.
“Doughnut” means a maneuver performed while operating a motor vehicle
whereby the front or rear of the motor vehicle is rotated around the opposite set
of wheels in a continuous motion which may cause a circular skid-mark pattern
of rubber on the driving surface or the tires to heat up and emit smoke from
friction, or both.

§ 316.191(1), Fla. Stat.
“Drifting” means a maneuver performed while operating a motor vehicle
whereby the motor vehicle is steered so that it makes a controlled sideways skid
through a turn with the front wheels pointed in a direction opposite to that of
the turn.

§ 316.191(1), Fla. Stat.
“Stunt driving” means to perform or engage in any burnouts, doughnuts,
drifting, wheelies, or other dangerous motor vehicle activity on a highway,
roadway, or parking lot as part of a street takeover.

§ 316.191(1), Fla. Stat.
“Wheelie” means a maneuver performed while operating a motor vehicle
whereby a motor vehicle is ridden for a distance with the front wheel or wheels
raised off the ground.