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.