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.

SUBJECT AREA TO BE ADDRESSED: “Plainly audible” definition and sound measurement standards

RULEMAKING AUTHORITY: 316.3045 F.S.

LAW IMPLEMENTED: 316.3045 F.S.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: October 28, 2022, at 10:00 a.m.

PLACE: Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room B202, Tallahassee, Florida 32399

To attend the workshop by phone, call 1(888)585-9008 and enter conference room number 115-615-498.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Chief Timothy Roufa, Administration and Technology Command, Florida Highway Patrol, 2900 Apalachee Parkway, Tallahassee, FL 32399, [e-mail], [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Chief Timothy Roufa, Administration and Technology Command, Florida Highway Patrol, 2900 Apalachee Parkway, Tallahassee, FL 32399, [e-mail], [phone].

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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, so long as the officer’s hearing is not enhanced beyond a hearing-abled person’s ordinary senses by any mechanical device.

(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              .