Florida Senate - 2011                              CS for SB 886
       
       
       
       By the Committee on Transportation; and Senator Oelrich
       
       
       
       
       596-02263-11                                           2011886c1
    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 a second or subsequent violation is a
    6         moving violation and includes the assessment of points
    7         against the driver’s license; amending s. 318.18,
    8         F.S.; providing increased penalties for repeat
    9         violations within a certain time period; providing an
   10         effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 316.3045, Florida Statutes, is amended
   15  to read:
   16         316.3045 Operation of radios or other mechanical
   17  soundmaking devices or instruments in vehicles; exemptions.—
   18         (1) It is unlawful for any person operating or occupying a
   19  motor vehicle on a street or highway to operate or amplify the
   20  sound produced by a radio, tape player, or other mechanical
   21  soundmaking device or instrument from within the motor vehicle
   22  so that the sound is:
   23         (a) Plainly audible at a distance of 25 feet or more from
   24  the motor vehicle; or
   25         (b) Louder than necessary for the convenient hearing by
   26  persons inside the vehicle in areas adjoining churches, schools,
   27  or hospitals.
   28         (2) The provisions of this section do shall not apply to
   29  any law enforcement motor vehicle equipped with any
   30  communication device necessary in the performance of law
   31  enforcement duties or to any emergency vehicle equipped with any
   32  communication device necessary in the performance of any
   33  emergency procedures.
   34         (3) The provisions of this section do not apply to motor
   35  vehicles used for business or political purposes, which in the
   36  normal course of conducting such business use soundmaking
   37  devices. The provisions of this subsection shall not be deemed
   38  to prevent local authorities, with respect to streets and
   39  highways under their jurisdiction and within the reasonable
   40  exercise of the police power, from regulating the time and
   41  manner in which such business may be operated.
   42         (4) The provisions of this section do not apply to the
   43  noise made by a horn or other warning device required or
   44  permitted by s. 316.271. The Department of Highway Safety and
   45  Motor Vehicles shall adopt promulgate rules defining “plainly
   46  audible” and establish standards regarding how sound should be
   47  measured by law enforcement personnel who enforce the provisions
   48  of this section.
   49         (5) A first violation of this section is a noncriminal
   50  traffic infraction, punishable as a nonmoving violation as
   51  provided in chapter 318. A second or subsequent violation of
   52  this section is a noncriminal traffic infraction punishable as a
   53  moving violation as provided in chapter 318.
   54         Section 2. Subsection (22) is added to section 318.18,
   55  Florida Statutes, to read:
   56         318.18 Amount of penalties.—The penalties required for a
   57  noncriminal disposition pursuant to s. 318.14 or a criminal
   58  offense listed in s. 318.17 are as follows:
   59         (22)(a) One hundred twenty dollars for a second violation
   60  of s. 316.3045 within a 12-month period.
   61         (b) One hundred eighty dollars for a third or subsequent
   62  violation of s. 316.3045 within a 12-month period.
   63         Section 3. This act shall take effect July 1, 2011.