| 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 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 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. |