Florida Senate - 2022                                    SB 1954
       
       
        
       By Senator Wright
       
       
       
       
       
       14-01627-22                                           20221954__
    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; specifying
   14         persons who must pay the costs and fees for the
   15         impoundment; providing applicability; authorizing a
   16         sheriff or chief administrative officer to grant
   17         certain temporary authority to a law enforcement
   18         officer in a special event zone; providing for
   19         recovery of costs and fees associated with designating
   20         and enforcing a special event zone from the special
   21         event’s promoter or organizer; amending s. 316.3045,
   22         F.S.; revising the types of soundmaking devices or
   23         instruments subject to the prohibition against
   24         operating or amplifying sound from within a motor
   25         vehicle in a certain manner; applying such prohibition
   26         to sound emanating from a motor vehicle; prohibiting
   27         such operation or amplification in areas adjoining
   28         private residences; revising exemptions; providing
   29         construction; providing a penalty; providing an
   30         effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 316.1891, Florida Statutes, is created
   35  to read:
   36         316.1891Designation of special event zones; definitions;
   37  enhanced penalties; vehicle impoundment.—
   38         (1)As used in this section, the term:
   39         (a)“Promoter or organizer” means a person or entity who
   40  arranges, organizes, or sponsors a special event.
   41         (b)“Special event” means an unpermitted temporary activity
   42  or event organized or promoted via a social media platform, as
   43  defined in s. 501.2041(1), which is attended by 50 or more
   44  persons and substantially increases or disrupts the normal flow
   45  of traffic on a roadway, street, or highway.
   46         (c)“Special event zone” means a contiguous area on or
   47  along a roadway, street, or highway which is designated by
   48  warning signs. The term includes a parking structure, a parking
   49  lot, or any other property, whether public or private,
   50  immediately adjacent to or along the designated area.
   51         (2)In accordance with s. 316.008, the sheriff or chief
   52  administrative officer of a county or municipality may designate
   53  a special event zone in response to a special event that takes
   54  place or is reasonably anticipated to take place on a roadway,
   55  street, or highway over which the sheriff or chief
   56  administrative officer has jurisdiction. If a special event
   57  takes place or is reasonably anticipated to take place in
   58  multiple jurisdictions, the sheriff or chief administrative
   59  officer of each jurisdiction may coordinate to designate a
   60  special event zone covering multiple jurisdictions.
   61         (3)The sheriff or chief administrative officer must
   62  enforce a special event zone in a manner that causes the least
   63  inconvenience to the public and that is consistent with
   64  preserving the public health, safety, and welfare. A special
   65  event zone must:
   66         (a)Be designated by the posting of a clearly legible
   67  warning sign at each point of ingress or egress stating,
   68  “Special Event Zone—All Fines Doubled.”
   69         (b)Remain in effect as long as is reasonably necessary to
   70  ensure the public health, safety, and welfare but may not remain
   71  in effect after the special event has dissipated.
   72         (4)Notwithstanding any other provision of law, a person
   73  who commits a noncriminal traffic infraction in a special event
   74  zone must pay a fine double the amount provided in chapter 318.
   75         (5)(a)In addition to any other penalty authorized by this
   76  section, a law enforcement officer may impound the motor vehicle
   77  of a person who commits a noncriminal traffic infraction or a
   78  criminal traffic violation in a special event zone. The term of
   79  impoundment authorized under this subsection may not exceed 72
   80  hours.
   81         (b)All costs and fees for the motor vehicle impoundment
   82  must be paid by the owner of the vehicle or, if the vehicle is
   83  leased or rented, by the person leasing or renting the vehicle,
   84  unless the noncriminal traffic infraction or the criminal charge
   85  is dismissed.
   86         (c)Section 713.78 applies to a vehicle impounded under
   87  this subsection.
   88         (6)Notwithstanding s. 633.118, the sheriff or chief
   89  administrative officer of a county or municipality may
   90  temporarily authorize a law enforcement officer to enforce
   91  occupancy limits on private or public property in a special
   92  event zone. Temporary authority granted under this subsection is
   93  supplemental to the authority granted in s. 633.118.
   94         (7)The sheriff or chief administrative officer of a county
   95  or municipality who designates a special event zone may recover
   96  from a promoter or organizer of a special event all relevant
   97  costs and fees associated with designating and enforcing the
   98  special event zone, including, but not limited to, costs and
   99  fees for the provision of supplemental law enforcement,
  100  firefighter, emergency medical technician or paramedic, and
  101  sanitation services.
  102         Section 2. Section 316.3045, Florida Statutes, is amended
  103  to read:
  104         316.3045 Operation of radios or other mechanical or
  105  electronic soundmaking devices or instruments in vehicles;
  106  exemptions.—
  107         (1) A It is unlawful for any person operating or occupying
  108  a motor vehicle on a street or highway may not to operate or
  109  amplify the sound produced by a radio, tape player, compact disc
  110  player, portable music or video player, cellular telephone,
  111  tablet computer, laptop computer, stereo, television, musical
  112  instrument, or other mechanical or electronic soundmaking device
  113  or instrument, which sound emanates from within the motor
  114  vehicle, so that the sound is:
  115         (a) Plainly audible at a distance of 25 feet or more from
  116  the motor vehicle; or
  117         (b) Louder than necessary for the convenient hearing by
  118  persons inside the vehicle in areas adjoining private
  119  residences, churches, schools, or hospitals.
  120         (2) The provisions of This section does shall not apply to
  121  a any law enforcement motor vehicle equipped with a any
  122  communication device necessary in the performance of law
  123  enforcement duties or to an any emergency vehicle equipped with
  124  a any communication device necessary in the performance of any
  125  emergency procedures.
  126         (3) The provisions of this section do not apply to motor
  127  vehicles used for business or political purposes, which in the
  128  normal course of conducting such business use soundmaking
  129  devices. The provisions of this subsection shall not be deemed
  130  to prevent local authorities, with respect to streets and
  131  highways under their jurisdiction and within the reasonable
  132  exercise of the police power, from regulating the time and
  133  manner in which such business may be operated.
  134         (4)The provisions of This section does do not apply to the
  135  noise made by a horn or other warning device required or
  136  permitted by s. 316.271. The Department of Highway Safety and
  137  Motor Vehicles shall adopt promulgate rules defining “plainly
  138  audible” and establish standards regarding how sound should be
  139  measured by law enforcement personnel who enforce the provisions
  140  of this section.
  141         (4)This section does not prohibit a local authority from
  142  lawfully imposing more stringent regulations on sound produced
  143  by a radio or other mechanical or electronic soundmaking device
  144  or instrument as described in subsection (1), which sound
  145  emanates from a motor vehicle.
  146         (5) A violation of this section is a noncriminal traffic
  147  infraction, punishable as a nonmoving violation as provided in
  148  chapter 318.
  149         Section 3. This act shall take effect July 1, 2022.