Bill Text: FL S1954 | 2022 | Regular Session | Comm Sub
Bill Title: Code and Traffic Enforcement
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-03-04 - Laid on Table, refer to CS/HB 1435 [S1954 Detail]
Download: Florida-2022-S1954-Comm_Sub.html
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:
39 316.1891 Designation 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.
