Bill Text: FL S0298 | 2010 | Regular Session | Introduced

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Bill Title: Motor Vehicles/Soundmaking Devices [CPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2010-04-30 - Died in Committee on Transportation [S0298 Detail]

Download: Florida-2010-S0298-Introduced.html

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Florida Senate - 2010                                     SB 298 
 
By Senator Oelrich 
14-00412-10                                            2010298__ 
1                        A bill to be entitled 
2         An act relating to motor vehicles; amending s. 
3         316.3045, F.S.; revising penalties for unlawful 
4         operation of a soundmaking device in a motor vehicle; 
5         providing that such operation is a moving violation, 
6         which includes the assessment of points against the 
7         driver’s license; amending s. 318.18, F.S.; providing 
8         increased penalties for repeat violations within a 
9         certain time period; 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 (21) 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         (21)(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, 2010.