Bill Text: FL S0634 | 2013 | Regular Session | Comm Sub

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Bill Title: Motor Vehicles

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-04-26 - CS failed to pass; YEAS 19 NAYS 19 [S0634 Detail]

Download: Florida-2013-S0634-Comm_Sub.html

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       Florida Senate - 2013                              CS for SB 634
       
       
       
       By the Committee on Judiciary; and Senator Simpson
       
       
       
       
       590-04351-13                                           2013634c1
    1                        A bill to be entitled                      
    2         An act relating to motor vehicles; amending s.
    3         316.3045, F.S.; revising provisions relating to the
    4         operation of radios or other soundmaking devices in
    5         vehicles; deleting a standard for determining
    6         prohibited sound levels; deleting an exception for
    7         vehicles operated for business or political purposes;
    8         authorizing local authorities to regulate the place
    9         where such soundmaking devices may be operated;
   10         providing an 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) A It is unlawful for any person who operates or
   19  occupies operating or occupying a motor vehicle on a street or
   20  highway may not to operate or amplify the sound produced by a
   21  radio, tape player, or other mechanical soundmaking device or
   22  instrument from within the motor vehicle 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 does 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 section subsection does shall
   38  not be deemed to prevent local authorities, with respect to
   39  streets and highways under their jurisdiction and within the
   40  reasonable exercise of the police power, from regulating the
   41  time, place, and manner in which a device or instrument
   42  described in subsection (1) such business may be operated.
   43         (4) The provisions of This section does do not apply to the
   44  noise made by a horn or other warning device required or
   45  permitted by s. 316.271. The Department of Highway Safety and
   46  Motor Vehicles shall adopt promulgate rules defining “plainly
   47  audible” and shall establish standards regarding how sound
   48  should be measured by law enforcement personnel who enforce the
   49  provisions of this section.
   50         (5) A violation of this section is a noncriminal traffic
   51  infraction, punishable as a nonmoving violation as provided in
   52  chapter 318.
   53         Section 2. This act shall take effect July 1, 2013.