HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1435 Code and Traffic Enforcement
SPONSOR(S): Judiciary Committee, Leek
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1954
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee 16 Y, 1 N Padgett Hall
2) Tourism, Infrastructure & Energy Subcommittee 14 Y, 3 N Neuffer Keating
3) Judiciary Committee 10 Y, 6 N, As CS Padgett Kramer
SUMMARY ANALYSIS
The ease of communicating over social media allows virtually anyone to organize spontaneous “pop-up”
events that can attract large crowds, overwhelm local resources, and endanger the safety of the general public.
During the summer of 2021, several pop-up events brought huge crowds to Daytona Beach, leading to packed
roads, fights, unruly behavior, property damage, excessive noise, and complaints from tourists and residents.
Although such behavior is prohibited under current law, law enforcement agencies and local government
officials indicate that existing statutes are not a strong enough deterrent to curb such lawless behavior when an
area is flooded with crowds, often with little or no notice to the local government.
CS/HB 1435 creates s. 316.1891, F.S., to assist local governments in responding to such pop-up events. The
bill authorizes the sheriff or chief administrative officer of a county or municipality to designate an area as a
special event zone in response to a special event, defined as an unpermitted activity or event organized or
promoted via a social media platform which is attended by 50 or more persons and substantially increases or
disrupts the normal flow of traffic on a roadway, street, or highway. The bill:
Provides notice requirements for a special event zone and requires a specified warning sign be posted
at each point of ingress and egress at least 24 hours prior to enforcement;
Doubles the statutory fine for any noncriminal traffic infraction that occurs within a special event zone;
Allows a law enforcement officer to impound a vehicle for up to 72 hours for any criminal traffic violation
or noncriminal traffic infraction that occurs in a special event zone, but requires the vehicle to be
released immediately upon payment of any impoundment costs or fees;
Authorizes a law enforcement officer to enforce occupancy limits in a special event zone; and
Provides for the recovery of costs associated with designating and enforcing a special event zone from
the organizer or promoter of the special event.
The bill also amends s. 316.3045, F.S., which prohibits excessive noise emanating from a motor vehicle, by
removing the portion of statute which the Florida Supreme Court deemed invalid in 2012. Additionally, the bill
updates the types of soundmaking devices that are subject to such noise limitations and authorizes a local
authority to impose more stringent regulations than those currently provided in statute.
The bill may have an indeterminate positive fiscal impact on state and local governments from the increased
fines for noncriminal traffic infractions that occur in a special event zone. Additionally, the bill may have an
indeterminate positive fiscal impact on local governments by authorizing a local governm ent to recover the
costs of designating and enforcing a special event zone from the promoter or organizer of a special event.
The bill provides an effective date of July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 2/23/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Special Event Zones
The ease of communicating over social media allows virtually anyone to organize spontaneous “pop-
up” events that can attract large crowds, overwhelm local resources, and endanger the safety of the
general public. During the 2021 Memorial Day weekend, an unpermitted pop-up event that was
promoted on social media brought huge crowds to Daytona Beach. 1 The influx of people and resulting
traffic congestion required law enforcement officers to close roads and bridges and limit beach access.2
A month later, in June 2021, another unpermitted pop-up event brought approximately 35,000 people to
Daytona Beach; leading to packed roads, fights, unruly behavior, property damage, excessive noise,
and complaints from tourists and residents.3 Although such behavior is prohibited under current law,
law enforcement agencies and local government officials indicate that existing statutes are not a strong
enough deterrent to curb such lawless behavior when an area is flooded with crowds , often with little or
no notice to the local government.
Excessive Noise
Section 316.3045, F.S., provides that it is a noncriminal traffic infraction4 for any person operating or
occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio,
tape player, or other mechanical soundmaking device or instrument from within the motor vehicle so
that the sound is:
Plainly audible at a distance of 25 feet or more from the motor vehicle; or
Louder than necessary for the convenient hearing by persons inside the vehicle in areas
adjoining churches, schools, or hospitals.
The provisions of s. 316.3045, F.S., do not apply to any law enforcement or emergency vehicles
equipped with any communication device necessary for the performance of their duties, or to motor
vehicles used for business or political purposes, which in the normal course of conducting such
business use soundmaking devices.
In 2012, the Florida Supreme Court struck down s. 316.3045, F.S., holding that the statute was
unconstitutionally overbroad because the exemption for vehicles used for business or political purposes
created an impermissible content-based restriction on speech that was not narrowly tailored and
protected commercial speech to a greater degree than noncommercial speech.5 The Court held the
unconstitutional portion of the statute exempting vehicles used for business or political purposes could
not be severed from the remainder of the statute without expanding the scope of the statute beyond
what the Legislature intended.6 Thus, the Court invalidated the statute in its entirety.7
Effect of Proposed Changes
1 Hadas Brown, Crowds, concerning pictures prompt b ridge traffic closures in Daytona Beach , WESH (May 30, 2021),
https://www.wesh.com/article/crowds-concerning-pictures-prompt-bridge-traffic-closures-in-daytona-beach/36576831# (last visited Feb.
23, 2022).
2 Id.
3 Mike Springer and Sarah Wilson, Complaints call for Daytona Truck Meet not to return next year, WFTV (June 14, 2021),
https://www.wftv.com/news/local/volusia-county/complaints-call-daytona-truck-meet-not-return-next-
year/E2F5MBY6WVGDJF4NBI6QEYH45A/ (last visited Feb. 23, 2022).
4 A noncriminal traffic infraction in s. 316.3045, F.S., is punishable as a nonmoving violation under ch. 318, F.S. A nonmoving violation
is punishable by a fine of $30. S. 318.18(2), F.S.
5 State v. Catalano, et al., 104 So. 3d 1069 (Fla. 2012).
6 Id. at 1081.
7 Id.
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Special Event Zones
CS/HB 1435 creates s. 316.1891, F.S., which authorizes the sheriff or chief administrative officer of a
county or municipality to designate an area as a special event zone in response to a special event that
takes place or is reasonably anticipated to take place on a roadway, street, or highway over which the
sheriff or chief administrative officer has jurisdiction. If a special event takes place or is reasonably
anticipated to take place in multiple jurisdictions, the sheriff or chief administrative officer of each
jurisdiction may coordinate to designate a special event zone covering multiple jurisdictions.
The bill defines a “special event” as an unpermitted temporary activity or event organized or promoted
via a social media platform 8 which is attended by 50 or more persons and substantially increases or
disrupts the normal flow of traffic along a roadway, street, or highway.
The bill defines a “special event zone” as a contiguous area on or along a roadway, street, or highway
which is designated by warning signs, and includes a parking structure, a parking lot, or any other
property, whether public or private, immediately adjacent to or along the designated area.
The bill requires a sheriff or chief administrative officer to enforce a special event zone in a manner that
causes the least inconvenience to the public and that is consistent with preserving the public health,
safety, and welfare. The bill provides a special event zone must:
Be designated by the posting of a clearly legible warning sign at each point of ingress or egress
stating, “Special Event Zone–All Fines Doubled. Vehicles Subject to Impoundment for Traffic
Infractions and Violations.” The warning sign must be large enough to be clearly visible to
occupants of passing vehicular traffic, must have letters at least three inches in height, and must
be posted at least 24 hours prior to enforcement of the special event zone.
Remain in effect as long as is reasonably necessary to ensure the public health, safety, and
welfare, but may not remain in effect after the special event has dissipated.
The bill provides for enhanced penalties for criminal traffic violations 9 and noncriminal traffic
infractions 10 that occur within the boundaries of a special event zone. A law enforcement officer may
impound the vehicle of any person who commits a criminal traffic violation or noncriminal traffic
infraction in a special event zone for up to 72 hours. However, the vehicle must be released
immediately upon the payment of any impoundment costs and fees, regardless of whether such
payment is made before expiration of the 72-hour period. Unless the criminal charge or noncriminal
infraction is dismissed, all costs and fees associated with such impoundment must be paid by the
owner of the vehicle or, if the vehicle is leased or rented, by the person leasing or renting the vehicle. In
addition, a person who commits a noncriminal traffic infraction in a special event zone is required to pay
a fine double the amount provided in statute.
The bill provides that a sheriff or chief administrative officer of a county or municipality with the authority
to temporarily authorize a law enforcement officer to enforce occupancy limits on public or private
property within a special event zone.11
The bill authorizes the sheriff or chief administrative officer of a county or municipality that declares a
special event zone to recover from a promoter or organizer of a special event all relevant costs or fees
8 A “social media platform” means any information service, system, Internet search engine, or access software provider that:
Provides or enables computer access by multiple users to a computer s erver, including an Internet platform or a social media site;
Operates as a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity;
Does business in the state; and
Satisfies at least one of the following thresholds:
o Has annual gross revenues in excess of $100 million, as adjusted in January of each odd -numbered year to reflect any
increase in the Consumer Price Index.
o Has at least 100 million monthly individual platform participants globally.
The term does not include any information service, system, Internet search engine, or access software provider operated by a company
that owns and operates a theme park or entertainment complex as defined in s. 509.013, F.S. S. 501.2041(1)(g), F.S.
9 Examples of criminal traffic violations include reckless driving, racing, and driving under the influence.
10 Examples of noncriminal traffic infractions include speeding, careless driving, and failure to stop at a traffic signal.
11 Under current law, occupancy limits are prescribed by the State Fire Marshal and enforced by local fire service providers or, if a local
government has no organized fire service provider, an official designated by the local government. S. 633.118, F.S.
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associated with designating and enforcing a special event zone. Such costs and fees include, but are
not limited to, those incurred for providing supplemental law enforcement personnel, firefighters,
emergency medical technicians or paramedics, and sanitation services. Under the bill, a “promoter or
organizer” means a person or entity who arranges, organizes, or sponsors a special event.
Excessive Noise
The bill amends s. 316.3045, F.S., to make the excessive noise statute constitutional and update the
language to improve enforcement. Specifically, the bill:
Expands the types of soundmaking devices in a motor vehicle from which excessive noise is
prohibited by including a compact disc player, portable music or video player, cellular telephone,
tablet computer, laptop computer, stereo, television, musical instrument, or electronic
soundmaking device.
Provides a person violates the excessive noise prohibition by amplifying a sound that is louder
than necessary for convenient hearing by a person inside a vehicle in an area adjoining private
residences.
Removes the noise exemption for vehicles used for business or political purposes, which cures
the constitutional issue cited by the Florida Supreme Court.
Provides that a local authority may impose more stringent regulations on sound produced by a
radio or other mechanical or electronic soundmaking device that emanates from a motor
vehicle.
The bill provides an effective date of July 1, 2022.
B. SECTION DIRECTORY:
Section 1: Creates s. 316.1891, F.S., relating to designation of special event zones; definitions;
enhanced penalties; vehicle impoundment.
Section 2: Amends s. 316.3045, F.S., relating to operation of radios or other mechanical soundmaking
devices or instruments in vehicles; exemptions.
Section 3: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
See Fiscal Comments.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
See Fiscal Comments.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
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None.
D. FISCAL COMMENTS:
The bill may have an indeterminate positive fiscal impact on state and local governments from the
increased fines for noncriminal traffic infractions that occur in a special event zone. Additionally, the bill
may have an indeterminate positive fiscal impact on local governments by authorizing a local
government to recover the costs of designating and enforcing a special event zone from the promoter
or organizer of a special event.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The Department of Highway Safety and Motor Vehicles has sufficient rulemaking authority to
implement the provisions of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 23, 2022, the Judiciary Committee adopted two amendments and reported the bill favorably as a
committee substitute. The amendments:
Required the warning sign at each point of ingress and egress of a special event zone to:
o Read, “Special Event Zone-All Fines Doubled. Vehicles Subject to Impoundment for Traffic
Infractions and Violations.”
o Be large enough to be clearly visible to occupants of passing vehicular traffic on roadways, with
letters at least three inches in height.
o Be posted at least 24 hours before enforcement of the special event zone may commence.
Required a vehicle that has been impounded to be released immediately upon payment of any
impoundment costs and fees, regardless of whether the payment is made before the expiration of the
72-hour impoundment period.
This analysis is drafted to the committee substitute as passed by the Judiciary Committee.
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Statutes affected: H 1435