House Bill 2133

    Florida House of Representatives - 2000                HB 2133

        By Representative Waters






  1                      A bill to be entitled

  2         An act relating to the operation of soundmaking

  3         devices in vehicles; amending s. 316.3045,

  4         F.S.; providing that the unlawful operation of

  5         a soundmaking device in a vehicle is a moving

  6         violation rather than a nonmoving violation;

  7         providing for points to be assessed against the

  8         driver's license of a person who unlawfully

  9         operates a soundmaking device in a vehicle;

10         requiring the Department of Highway Safety and

11         Motor Vehicles to impound the vehicle of

12         certain persons cited for unlawfully operating

13         a soundmaking device in a vehicle; providing an

14         effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Section 316.3045, Florida Statutes, is

19  amended to read:

20         316.3045  Operation of radios or other mechanical

21  soundmaking devices or instruments in vehicles; exemptions.--

22         (1)  It is unlawful for any person operating or

23  occupying a motor vehicle on a street or highway to operate or

24  amplify the sound produced by a radio, tape player, or other

25  mechanical soundmaking device or instrument from within the

26  motor vehicle so that the sound is:

27         (a)  Plainly audible at a distance of 100 feet or more

28  from the motor vehicle; or

29         (b)  Louder than necessary for the convenient hearing

30  by persons inside the vehicle in areas adjoining churches,

31  schools, or hospitals.

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






    Florida House of Representatives - 2000                HB 2133

    722-125-00






  1         (2)  The provisions of this section shall not apply to

  2  any law enforcement motor vehicle equipped with any

  3  communication device necessary in the performance of law

  4  enforcement duties or to any emergency vehicle equipped with

  5  any communication device necessary in the performance of any

  6  emergency procedures.

  7         (3)  The provisions of this section do not apply to

  8  motor vehicles used for business or political purposes, which

  9  in the normal course of conducting such business use

10  soundmaking devices.  The provisions of this subsection shall

11  not be deemed to prevent local authorities, with respect to

12  streets and highways under their jurisdiction and within the

13  reasonable exercise of the police power, from regulating the

14  time and manner in which such business may be operated.

15         (4)  The provisions of this section do not apply to the

16  noise made by a horn or other warning device required or

17  permitted by s. 316.271. The Department of Highway Safety and

18  Motor Vehicles shall adopt promulgate rules defining the term

19  "plainly audible" and establish standards regarding how sound

20  should be measured by law enforcement personnel who enforce

21  the provisions of this section.

22         (5)  Any person who violates A violation of this

23  section commits is a noncriminal traffic infraction,

24  punishable as a moving nonmoving violation, punishable as

25  provided in chapter 318, and shall have 3 points assessed

26  against his or her driver's license as set forth in s. 322.27.

27  The Department of Highway Safety and Motor Vehicles shall

28  impound the vehicle of any person who is cited for a third or

29  subsequent violation of this section.

30         Section 2.  This act shall take effect July 1, 2000.

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






    Florida House of Representatives - 2000                HB 2133

    722-125-00






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  2                          SENATE SUMMARY

  3    Provides that unlawfully operating a radio or other
      soundmaking device in a vehicle is a moving violation
  4    rather than a nonmoving violation. Provides for 3 points
      to be assessed against the driver's license of a person
  5    who unlawfully operates a radio or soundmaking device in
      a vehicle. Requires that the Department of Highway Safety
  6    and Motor Vehicles impound the vehicle of a person who is
      cited three or more times for unlawfully operating a
  7    radio or soundmaking device in a vehicle.

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