HB 643

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


CODING: Words stricken are deletions; words underlined are additions.