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The Committee on Transportation and Economic Development

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Appropriations (Webster) recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 709-819

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and insert:

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(6)  The state Department of Transportation shall perform

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the duties that are assigned to the Field Administrator, Federal

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Motor Carrier Safety Administration Regional Federal Highway

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Administrator under the federal rules, and an agent of that

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department, as described in s. 316.545(9), may enforce those

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rules.

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     (8)  For the purpose of enforcing this section, any law

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enforcement officer of the Department of Transportation or duly

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appointed agent who holds a current safety inspector

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certification from the Commercial Vehicle Safety Alliance may

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require the driver of any commercial vehicle operated on the

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highways of this state to stop and submit to an inspection of the

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vehicle or the driver's records. If the vehicle or driver is

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found to be operating in an unsafe condition, or if any required

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part or equipment is not present or is not in proper repair or

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adjustment, and the continued operation would present an unduly

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hazardous operating condition, the officer may require the

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vehicle or the driver to be removed from service pursuant to the

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North American Standard Uniform Out-of-Service Criteria, until

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corrected. However, if continuous operation would not present an

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unduly hazardous operating condition, the officer may give

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written notice requiring correction of the condition within 14

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days.

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     (a)  Any member of the Florida Highway Patrol or any law

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enforcement officer employed by a sheriff's office or municipal

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police department authorized to enforce the traffic laws of this

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state pursuant to s. 316.640 who has reason to believe that a

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vehicle or driver is operating in an unsafe condition may, as

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provided in subsection (10), enforce the provisions of this

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section.

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     (b)  Any person who fails to comply with an officer's

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request to submit to an inspection under this subsection commits

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a violation of s. 843.02 if the person resists the officer

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without violence or a violation of s. 843.01 if the person

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resists the officer with violence.

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     Section 10.  Section 316.3045, Florida Statutes, is amended

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to read:

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     316.3045  Operation of radios or other mechanical

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soundmaking devices or instruments in vehicles; exemptions.--

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     (1)  It is unlawful for any person operating or occupying a

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motor vehicle on a street or highway to operate or amplify the

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sound produced by a radio, tape player, or other mechanical

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soundmaking device or instrument from within the motor vehicle so

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that the sound is:

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     (a)  Plainly audible at a distance of 25 feet or more from

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the motor vehicle; or

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     (b)  Louder than necessary for the convenient hearing by

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persons inside the vehicle in areas adjoining churches, schools,

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or hospitals.

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

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any law enforcement motor vehicle equipped with any communication

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device necessary in the performance of law enforcement duties or

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to any emergency vehicle equipped with any communication device

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necessary in the performance of any emergency procedures.

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

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vehicles used for business or political purposes, which in the

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normal course of conducting such business use soundmaking

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devices. The provisions of this subsection shall not be deemed to

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prevent local authorities, with respect to streets and highways

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under their jurisdiction and within the reasonable exercise of

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the police power, from regulating the time and manner in which

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such business may be operated.

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

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noise made by a horn or other warning device required or

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

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Motor Vehicles shall adopt promulgate rules defining "plainly

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audible" and establish standards regarding how sound should be

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measured by law enforcement personnel who enforce the provisions

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of this section.

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     (5)  A violation of this section is a noncriminal traffic

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infraction, punishable as a nonmoving violation as provided in

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chapter 318.

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     (6) In addition to any fine administered under subsection

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(5), a person convicted of a violation of this section shall also

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pay upon the 10th or subsequent conviction, a fine of not less

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than $250 but not more than $500.

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     Section 11.  Subsection (2) of section 316.613, Florida

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Statutes, is amended to read:

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     316.613  Child restraint requirements.--

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     (2)  As used in this section, the term "motor vehicle" means

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a motor vehicle as defined in s. 316.003 which that is operated

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on the roadways, streets, and highways of the state. The term

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does not include:

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     (a)  A school bus as defined in s. 316.003(45).

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     (b)  A bus used for the transportation of persons for

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compensation, other than a bus regularly used to transport

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children to or from school, as defined in s. 316.615(1)(b), or in

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conjunction with school activities.

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     (c)  A farm tractor or implement of husbandry.

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     (d) A truck having a gross vehicle weight rating of more

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than 26,000 of net weight of more than 5,000 pounds.

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     (e)  A motorcycle, moped, or bicycle.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 81-87

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and insert:

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providing enhanced penalties upon multiple convictions for

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violating prohibitions against the use of excessively loud

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soundmaking equipment in a motor vehicle; amending s.

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316.613, F.S.; redefining the term "motor vehicle" to

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exclude certain trucks from the requirement to use a child

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restraint; amending s. 316.645,

4/9/2008  11:56:00 AM     TR.TA.07121