Florida Senate - 2022                             CS for SB 1954
       
       
        
       By the Committee on Transportation; and Senator Wright
       
       
       
       
       
       596-02635-22                                          20221954c1
    1                        A bill to be entitled                      
    2         An act relating to code and traffic enforcement;
    3         creating s. 316.1891, F.S.; defining terms;
    4         authorizing a sheriff or chief administrative officer
    5         of a county or municipality to designate a special
    6         event zone under certain circumstances on a roadway,
    7         street, or highway; providing requirements for a
    8         special event zone; providing enhanced penalties for a
    9         person who commits a noncriminal traffic infraction in
   10         a special event zone; authorizing a law enforcement
   11         officer to impound the motor vehicle of a person who
   12         commits a noncriminal traffic infraction or a criminal
   13         traffic violation in a special event zone; limiting
   14         the term of such impoundment; requiring that the motor
   15         vehicle be immediately released upon payment of
   16         impoundment costs and fees; specifying persons who
   17         must pay the costs and fees for the impoundment;
   18         providing applicability; requiring a sheriff or chief
   19         administrative officer designating a special event
   20         zone to notify the State Fire Marshal or certain
   21         designated person, who shall assist with occupancy
   22         limit enforcement; providing for recovery of costs and
   23         fees associated with designating and enforcing a
   24         special event zone from the special event’s promoter
   25         or organizer; amending s. 316.3045, F.S.; revising the
   26         types of soundmaking devices or instruments subject to
   27         the prohibition against operating or amplifying sound
   28         from within a motor vehicle in a certain manner;
   29         applying such prohibition to sound emanating from a
   30         motor vehicle; prohibiting such operation or
   31         amplification in areas adjoining private residences;
   32         revising exemptions; providing construction; providing
   33         a penalty; providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Section 316.1891, Florida Statutes, is created
   38  to read:
   39         316.1891Designation of special event zones; definitions;
   40  enhanced penalties; vehicle impoundment.—
   41         (1)As used in this section, the term:
   42         (a)“Promoter or organizer” means a person or entity who
   43  arranges, organizes, or sponsors a special event.
   44         (b)“Special event” means an unpermitted temporary activity
   45  or event organized or promoted via a social media platform, as
   46  defined in s. 501.2041(1), which is attended by 200 or more
   47  persons and substantially increases or disrupts the normal flow
   48  of traffic on a roadway, street, or highway.
   49         (c)“Special event zone” means a contiguous area on or
   50  along a roadway, street, or highway which is designated by
   51  warning signs. The term includes a parking structure, a parking
   52  lot, or any other property, whether public or private,
   53  immediately adjacent to or along the designated area.
   54         (2)In accordance with s. 316.008, the sheriff or chief
   55  administrative officer of a county or municipality may designate
   56  a special event zone in response to a special event that takes
   57  place or is reasonably anticipated to take place on a roadway,
   58  street, or highway over which the sheriff or chief
   59  administrative officer has jurisdiction. If a special event
   60  takes place or is reasonably anticipated to take place in
   61  multiple jurisdictions, the sheriff or chief administrative
   62  officer of each jurisdiction may coordinate to designate a
   63  special event zone covering multiple jurisdictions.
   64         (3)The sheriff or chief administrative officer must
   65  enforce a special event zone in a manner that causes the least
   66  inconvenience to the public and that is consistent with
   67  preserving the public health, safety, and welfare. A special
   68  event zone must:
   69         (a)Be designated by the posting of a clearly legible
   70  warning sign at each point of ingress or egress stating,
   71  “Special Event Zone—All Fines Doubled. Vehicles Subject to
   72  Impoundment for Traffic Infractions and Violations.” The warning
   73  sign must be large enough to be clearly visible to occupants of
   74  passing vehicular traffic on roadways, with letters at least 3
   75  inches in height, and must be posted at least 24 hours before
   76  enforcement may commence. The sheriff or chief administrative
   77  officer shall maintain a log of the date and time that, and the
   78  location where, each warning sign is posted.
   79         (b)Remain in effect as long as is reasonably necessary to
   80  ensure the public health, safety, and welfare but shall not
   81  remain in effect after the special event has dissipated or is
   82  attended by fewer than 100 people.
   83         (4)Notwithstanding any other provision of law, a person
   84  who commits a noncriminal traffic infraction in a special event
   85  zone must pay a fine double the amount provided in chapter 318.
   86         (5)(a)In addition to any other penalty authorized by this
   87  section, a law enforcement officer may impound the motor vehicle
   88  of a person who commits a noncriminal traffic infraction or a
   89  criminal traffic violation in a special event zone. The term of
   90  impoundment authorized under this subsection shall not exceed 72
   91  hours, and the motor vehicle must be released immediately upon
   92  the payment of any costs and fees for its impoundment,
   93  regardless of whether the payment is made before the 72-hour
   94  period.
   95         (b)All costs and fees for the motor vehicle impoundment
   96  must be paid by the owner of the vehicle or, if the vehicle is
   97  leased or rented, by the person leasing or renting the vehicle,
   98  unless the noncriminal traffic infraction or the criminal charge
   99  is dismissed.
  100         (c)Section 713.78 applies to a vehicle impounded under
  101  this subsection.
  102         (6)The sheriff or chief administrative officer of a county
  103  or municipality who designates a special event zone in response
  104  to a special event shall notify the State Fire Marshal or person
  105  designated pursuant to s. 633.118, who shall assist with the
  106  enforcement of occupancy limits on private or public property in
  107  a special event zone.
  108         (7)The sheriff or chief administrative officer of a county
  109  or municipality who designates a special event zone may recover
  110  from a promoter or organizer of a special event all relevant
  111  costs and fees associated with designating and enforcing the
  112  special event zone, including, but not limited to, costs and
  113  fees for the provision of supplemental law enforcement,
  114  firefighter, emergency medical technician or paramedic, and
  115  sanitation services.
  116         Section 2. Section 316.3045, Florida Statutes, is amended
  117  to read:
  118         316.3045 Operation of radios or other mechanical or
  119  electronic soundmaking devices or instruments in vehicles;
  120  exemptions.—
  121         (1) A It is unlawful for any person operating or occupying
  122  a motor vehicle on a street or highway may not to operate or
  123  amplify the sound produced by a radio, tape player, compact disc
  124  player, portable music or video player, cellular telephone,
  125  tablet computer, laptop computer, stereo, television, musical
  126  instrument, or other mechanical or electronic soundmaking device
  127  or instrument, which sound emanates from within the motor
  128  vehicle, so that the sound is:
  129         (a) Plainly audible at a distance of 25 feet or more from
  130  the motor vehicle; or
  131         (b) Louder than necessary for the convenient hearing by
  132  persons inside the vehicle in areas adjoining private
  133  residences, churches, schools, or hospitals.
  134         (2) The provisions of This section does shall not apply to
  135  a any law enforcement motor vehicle equipped with a any
  136  communication device necessary in the performance of law
  137  enforcement duties or to an any emergency vehicle equipped with
  138  a any communication device necessary in the performance of any
  139  emergency procedures.
  140         (3) The provisions of this section do not apply to motor
  141  vehicles used for business or political purposes, which in the
  142  normal course of conducting such business use soundmaking
  143  devices. The provisions of this subsection shall not be deemed
  144  to prevent local authorities, with respect to streets and
  145  highways under their jurisdiction and within the reasonable
  146  exercise of the police power, from regulating the time and
  147  manner in which such business may be operated.
  148         (4)The provisions of This section does do not apply to the
  149  noise made by a horn or other warning device required or
  150  permitted by s. 316.271. The Department of Highway Safety and
  151  Motor Vehicles shall adopt promulgate rules defining “plainly
  152  audible” and establish standards regarding how sound should be
  153  measured by law enforcement personnel who enforce the provisions
  154  of this section.
  155         (4)This section does not prohibit a local authority from
  156  lawfully imposing more stringent regulations on sound produced
  157  by a radio or other mechanical or electronic soundmaking device
  158  or instrument as described in subsection (1), which sound
  159  emanates from a motor vehicle.
  160         (5) A violation of this section is a noncriminal traffic
  161  infraction, punishable as a nonmoving violation as provided in
  162  chapter 318.
  163         Section 3. This act shall take effect July 1, 2022.