Bill Text: FL H0643 | 2011 | Regular Session | Introduced

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Bill Title: Motor Vehicles

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0643 Detail]

Download: Florida-2011-H0643-Introduced.html

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HB 643

1	A bill to be entitled
2	An act relating to motor vehicles; amending s. 316.3045,
3	F.S.; revising penalties for unlawful operation of a
4	soundmaking device in a motor vehicle; providing that such
5	operation is a moving violation which includes the
6	assessment of points against the driver's license;
7	amending s. 318.18, F.S.; providing increased penalties
8	for repeat violations within a certain time period;
9	providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Section 316.3045, Florida Statutes, is amended
14	to read:
15	316.3045  Operation of radios or other mechanical
16	soundmaking devices or instruments in vehicles; exemptions.-
17	(1)  It is unlawful for any person operating or occupying a
18	motor vehicle on a street or highway to operate or amplify the
19	sound produced by a radio, tape player, or other mechanical
20	soundmaking device or instrument from within the motor vehicle
21	so that the sound is:
22	(a)  Plainly audible at a distance of 25 feet or more from
23	the motor vehicle; or
24	(b)  Louder than necessary for the convenient hearing by
25	persons inside the vehicle in areas adjoining churches, schools,
26	or hospitals.
27	(2)  The provisions of this section do shall not apply to
28	any law enforcement motor vehicle equipped with any
29	communication device necessary in the performance of law
30	enforcement duties or to any emergency vehicle equipped with any
31	communication device necessary in the performance of any
32	emergency procedures.
33	(3)  The provisions of this section do not apply to motor
34	vehicles used for business or political purposes, which in the
35	normal course of conducting such business use soundmaking
36	devices. The provisions of this subsection shall not be deemed
37	to prevent local authorities, with respect to streets and
38	highways under their jurisdiction and within the reasonable
39	exercise of the police power, from regulating the time and
40	manner in which such business may be operated.
41	(4)  The provisions of this section do not apply to the
42	noise made by a horn or other warning device required or
43	permitted by s. 316.271. The Department of Highway Safety and
44	Motor Vehicles shall promulgate rules defining "plainly audible"
45	and establish standards regarding how sound should be measured
46	by law enforcement personnel who enforce the provisions of this
47	section.
48	(5)  A violation of this section is a noncriminal traffic
49	infraction, punishable as a moving nonmoving violation as
50	provided in chapter 318.
51	Section 2.  Subsection (22) is added to section 318.18,
52	Florida Statutes, to read:
53	318.18  Amount of penalties.-The penalties required for a
54	noncriminal disposition pursuant to s. 318.14 or a criminal
55	offense listed in s. 318.17 are as follows:
56	(22)(a)  One hundred twenty dollars for a second violation
57	of s. 316.3045 within a 12-month period.
58	(b)  One hundred eighty dollars for a third or subsequent
59	violation of s. 316.3045 within a 12-month period.
60	Section 3.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.