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 (22) 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 | (22)(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, 2011. |