Pursuant to an amendment to section 316.3045, Florida Statutes, the Department proposes to repeal Rule 15B-13.001 and create Rule 15B-13.002 to define “plainly audible” and establish standards regarding how sound should ....

 

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

Division of Florida Highway Patrol

RULE NOS.:RULE TITLES:

15B-13.001Operation of Soundmaking Devices in Motor Vehicles

15B-13.002Operation of Soundmaking Devices in Motor Vehicles

PURPOSE AND EFFECT: Pursuant to an amendment to section 316.3045, Florida Statutes, the Department proposes to repeal Rule 15B-13.001 and create Rule 15B-13.002 to define “plainly audible” and establish standards regarding how sound should be measured by law enforcement personnel who enforce section 316.3045.

SUMMARY: The Department proposes to repeal Rule 15B-13.001 and create Rule 15B-13.002 due to an amendment to section 316.3045, Florida Statutes.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the nature of the rule.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 316.3045 F.S.

LAW IMPLEMENTED: 316.3045 F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Chief Timothy Roufa, Administration and Technology Command, Florida Highway Patrol, 2900 Apalachee Parkway, Tallahassee, FL 32399, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

15B-13.001 Operation of Soundmaking Devices in Motor Vehicles.

Rulemaking Authority 316.3045 FS. Law Implemented 316.3045 FS. History–New 12-25-90, Amended 11-21-06, Repealed__________.

 

15B-13.002 Operation of Soundmaking Devices in Motor Vehicles.

(1) The purpose of this rule is to set forth the definition of the term “plainly audible” and establish standards regarding how sound should be measured by law enforcement personnel who enforce Section 316.3045, F.S.

(2) “Plainly Audible” shall mean any sound produced by a radio, tape player, compact disc player, portable music or video player, cellular telephone, tablet computer, laptop computer, stereo, television, musical instrument, or other mechanical or electronic soundmaking device or instrument, which sound emanates from a motor vehicle, including sound produced by a portable soundmaking device, that can be heard outside the vehicle by a person using his or her normal hearing faculties.

(3) Law enforcement personnel shall measure sound according to the following standards:

(a) The primary means of detection shall be by means of the officer’s ordinary auditory senses.

(b) The officer must have a direct line of sight and hearing to the motor vehicle producing the sound so that he or she can readily identify the offending motor vehicle and the distance involved.

(c) The officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound.

Rulemaking Authority 316.3045 FS. Law Implemented 316.3045 FS. History–New              .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Chief Timothy Roufa, Administration and Technology Command, Florida Highway Patrol

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 17, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 11, 2022