Senate Bill 1954 (2022) — Code and traffic enforcement

SB 1954

Florida Bills

Florida Senate - 2022 SB 1954 By Senator Wright 14-01627-22 20221954__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to code and traffic enforcement; 2 creating s. 316.1891, F.S.; defining terms; 3 authorizing a sheriff or chief administrative officer 4 of a county or municipality to designate a special 5 event zone under certain circumstances on a roadway, 6 street, or highway; providing requirements for a 7 special event zone; providing enhanced penalties for a 8 person who commits a noncriminal traffic infraction in 9 a special event zone; authorizing a law enforcement 10 officer to impound the motor vehicle of a person who 11 commits a noncriminal traffic infraction or a criminal 12 traffic violation in a special event zone; specifying 13 persons who must pay the costs and fees for the 14 impoundment; providing applicability; authorizing a 15 sheriff or chief administrative officer to grant 16 certain temporary authority to a law enforcement 17 officer in a special event zone; providing for 18 recovery of costs and fees associated with designating 19 and enforcing a special event zone from the special 20 event’s promoter or organizer; amending s. 316.3045, 21 F.S.; revising the types of soundmaking devices or 22 instruments subject to the prohibition against 23 operating or amplifying sound from within a motor 24 vehicle in a certain manner; applying such prohibition 25 to sound emanating from a motor vehicle; prohibiting 26 such operation or amplification in areas adjoining 27 private residences; revising exemptions; providing 28 construction; providing a penalty; providing an 29

Florida Senate - 2022 SB 1954 14-01627-22 20221954__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33

Section

Section 316.1891, Florida Statutes, is created 34 to read: 35 316.1891 Designation of special event zones;

definitions; 36 enhanced penalties; vehicle impoundment.— 37

(1) As used in this section, the term: 38 (a) “Promoter or organizer” means a person or entity who 39 arranges, organizes, or sponsors a special event. 40 (b) “Special event” means an unpermitted temporary activity 41 or event organized or promoted via a social media platform, as 42 defined in s. 501.2041(1), which is attended by 50 or more 43 persons and substantially increases or disrupts the normal flow 44 of traffic on a roadway, street, or highway. 45 (c) “Special event zone” means a contiguous area on or 46 along a roadway, street, or highway which is designated by 47 warning signs.

The term includes a parking structure, a parking 48 lot, or any other property, whether public or private, 49 immediately adjacent to or along the designated area. 50

(2) In accordance with s. 316.008, the sheriff or chie f 51 administrative officer of a county or municipality may designate 52 a special event zone in response to a special event that takes 53 place or is reasonably anticipated to take place on a roadway, 54 street, or highway over which the sheriff or chief 55 administrative officer has jurisdiction. If a special event 56 takes place or is reasonably anticipated to take place in 57 multiple jurisdictions, the sheriff or chief administrative 58

Florida Senate - 2022 SB 1954 14-01627-22 20221954__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. officer of each jurisdiction may coordinate to designate a 59 special event zone covering multiple jurisdictions. 60

(3) The sheriff or chief administrative officer must 61 enforce a special event zone in a manner that causes the least 62 inconvenience to the public and that is consistent with 63 preserving the public health, safety, and welfare. A special 64 event zone must: 65 (

a) Be designated by the posting of a clearly legible 66 warning sign at each point of ingress or egress stating, 67 “Special Event Zone—All Fines Doubled.” 68 (

b) Remain in effect as long as is reasonably necessary to 69 ensure the public health, safety, and welfare but may not remain 70 in effect after the special event has dissipated. 71

(4) Notwithstanding any other provision of law, a person 72 who commits a noncriminal traffic infraction in a special event 73 zone must pay a fine double the amount provided in

chapter 318. 74 (5)(

a) In addition to any other penalty authorized by this 75 section, a law enforcement officer may impound the motor vehicle 76 of a person who commits a noncriminal traffic infraction or a 77 criminal traffic violation in a special event zone. The t erm of 78 impoundment authorized under this subsection may not exceed 72 79 hours. 80 (

b) All costs and fees for the motor vehicle impoundment 81 must be paid by the owner of the vehicle or, if the vehicle is 82 leased or rented, by the person leasing or renting the vehi cle, 83 unless the noncriminal traffic infraction or the criminal charge 84 is dismissed. 85 (

c) Section 713.78 applies to a vehicle impounded under 86 this subsection. 87

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(6) Notwithstanding s. 633.118, the sheriff or chief 88 administrative officer of a county or municipality may 89 temporarily authorize a law enforcement officer to enforce 90 occupancy limits on private or public property in a special 91 event zone. Temporary authority granted under this subsection is 92 supplemental to the authority granted in s. 633.118. 93

(7) The sheriff or chief administrative officer of a county 94 or municipality who designates a special event zone may recover 95 from a promoter or organizer of a special event all relevant 96 costs and fees associated with designating and enforcing the 97 special event zone, including, but not limited to, costs and 98 fees for the provision of supplemental law enforcement, 99 firefighter, emergency medical technician or paramedic, and 100 sanitation services. 101

Section

Section 316.3045, Florida Statutes, is amended 102 to read: 103 316.3045 Operation of radios or other mechanical or 104 electronic soundmaking devices or instruments in vehicles; 105 exemptions.— 106

(1) A It is unlawful for any person operating or occupying 107 a motor vehicle on a street or highway may not to operate or 108 amplify the sound produced by a radio, tape player, compact disc 109 player, portable music or video player, cellular telephone, 110 tablet computer, laptop computer, stereo, television, musical 111 instrument, or other mechanical or electronic soundmaking device 112 or instrument, which sound emanates from within the motor 113 vehicle, so that the sound is: 114 (

a) Plainly audible at a distance of 25 feet or more from 115 the motor vehicle; or 116

Florida Senate - 2022 SB 1954 14-01627-22 20221954__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. (

b) Louder than necessary for the convenient hearing by 117 persons inside the vehicle in areas adjoining private 118 residences, churches, schools, or hospitals. 119

(2) The provisions of This

section does shall not apply to 120 a any law enforcement motor vehicle equipped with a any 121 communication device necessary in the performance of law 122 enforcement duties or to an any emergency vehicle equipped with 123 a any communication device necessary in the performance of any 124 emergency procedures. 125

(3) The provisions of this

section do not apply to motor 126 vehicles used for business or political purposes, which in the 127 normal course of conducting such business use soundmaking 128 devices. The provisions of this subsection shall not be deemed 129 to prevent local authorities, with respect to streets and 130 highways under their jurisdiction and within the reasonable 131 exercise of the police power, from regulating the time and 132 manner in which such business may be operated. 133

(4) The provisions of This

section does do not apply to the 134 noise made by a horn or other warning device required or 135 permitted by s. 316.271. The Department of Highway Safety and 136 Motor Vehicles shall adopt promulgate rules defining “plainly 137 audible” and establish standards regarding how sound should be 138 measured by law enforcement personnel who enforce the provisions 139 of this section. 140

(4) This

section does not prohibit a local authority from 141 lawfully imposing more stringent regulations on sound produced 142 by a radio or other mechanical or electronic soundmaking device 143 or instrument as described in subsection (1), which sound 144 emanates from a motor vehicle. 145

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(5) A violation of this

section is a noncriminal traffic 146 infraction, punishable as a nonmoving violation as provided in 147

chapter 318. 148

Section 3. This act shall take effect July 1, 2022. 149

Document details

Collection	Florida Bills
Citation	SB 1954
Type	bill
Language	en
Format	pdf
Source	FL_SENATE
Identifier	0130d75c250fcf657e1270155945d25d7ce806ca

Source file is stored in the law ingest library (pdf).