The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 1954
INTRODUCER: Transportation Committee and Senator Wright
SUBJECT: Code and Traffic Enforcement
DATE: February 14, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Proctor Vickers TR Fav/CS
2. Hunter Ryon CA Favorable
3. Proctor Phelps RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1954 authorizes the sheriff or chief administrative officer of a county or municipality to
designate an area as a special event zone in response to an unpermitted special event organized
or promoted via a social media platform which is attended by 200 or more persons and
substantially increases or disrupts the normal flow of traffic. The bill:
 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
noncriminal traffic infraction or criminal traffic violation that occurs in a special event zone.
 Requires the sheriff or chief administrative officer to notify the State Fire Marshal or
designee to enforce occupancy limits in a special event zone.
 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 revises provisions relating to the operation of radios or other soundmaking devices in
vehicles and authorizes a local authority to impose more stringent regulations than those
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 and the impoundment of vehicles for a
noncriminal traffic infraction or a criminal traffic violation that occurs in a special event zone.
The bill may have an indeterminate positive fiscal impact on local governments by authorizing
BILL: CS/SB 1954 Page 2
the sheriff or chief administrative officer of a county or municipality to recover the costs of
designating and enforcing a special event zone from the promoter or organizer of a special event.
See Section V. Fiscal Impact Statement.
The bill provides an effective date of July 1, 2022.
II. 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.
Vehicle Impoundment
There are numerous reasons why law enforcement officers impound vehicles, including when a
person commits a criminal act or is suspected of committing a felony, such as: vehicular
homicide;4 racing on highways;5 driving under the influence;6 illegal parking;7 and driving with a
suspended, revoked, canceled, or disqualified license.8 However, a vehicle may also be
impounded at the direction of the court, and for a canceled license plate or fuel-use tax decal9.
Building Occupancy Limits
The Florida Building Code provides standards for issuance of mandatory certificates of
occupancy, minimum types of inspections, and procedures for plans review and inspections.
Local governments may adopt amendments to the administrative provisions of the Florida
Building Code, subject to limitations. Local amendments must be more stringent than the
1
Hadas Brown, Crowds, concerning pictures prompt bridge 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 January 28, 2022).
2
Ibid.
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 January 28, 2022).
4
Section 323.001, F.S.
5
Section 316.191, F.S.
6
Section 316.193, F.S.
7
Section 316.1951, F.S.
8
Section 322.34, F.S.
9
Section 320.18, F.S.
BILL: CS/SB 1954 Page 3
minimum standards described law and must be transmitted to the Florida Building Commission
within 30 days after enactment. The local government must make such amendments available to
the general public in a usable format. The State Fire Marshal is responsible for establishing the
standards and procedures required for governmental entities to apply the Florida Fire Prevention
Code and the Life Safety Code contained in the Florida Building Code.10 However, the
provisions of the Life Safety Code, as contained in the Florida Fire Prevention Code, do not
apply to one-family and two-family dwellings.11
Florida Fire Prevention and Life Safety Code
The Florida Fire Prevention Code is adopted by the State Fire Marshal at three year intervals. It
is a set of fire code provisions enforced by the local fire official within each county,
municipality, and special fire district in the state.12
Section 633.212, F.S., provides legislative intent that the Florida Fire Prevention Code be
interpreted by fire officials and local enforcement agencies in a manner that reasonably and cost
effectively protects the public safety, health, and welfare; ensures uniform interpretations
throughout this state; and provides just and expeditious processes for resolving disputes
regarding such interpretations. Further, it is the intent of the Legislature that the Division of State
Fire Marshal establish a Fire Code Interpretation Committee composed of seven members and
seven alternates, equally representing each area of the state, to which a person can pose questions
regarding the interpretation of the Fire Code provisions.13
The Life Safety Code is adopted and incorporated into the Florida Fire Prevention Code. It is the
most widely referenced National Fire Protection Association (NFPA) source for occupant safety
strategies based on construction, protection, and occupancy features in all stages of a building
life cycle. Relevant to life safety in both new and existing structures, the NFPA covers
everything from means of egress and features of fire protection to hazardous materials
emergencies, injuries from falls, and emergency communications. The code applies to nearly all
types of occupancies and structures, including residential, business, mercantile, health care,
daycare, and assembly occupancies. 14
Section 633.118, F.S., provides that the chiefs of county, municipal, and special-district fire
service providers; other fire service provider personnel designated by their respective chiefs; and
personnel designated by local governments having no organized fire service providers are
authorized to enforce laws and rules prescribed by the State Fire Marshal within their respective
jurisdictions. Such personnel acting under this authority are agents of their respective
jurisdictions, not agents of the State Fire Marshal.
10
Section 553.73(4)(a), F.S.
11
Section 633.208, F.S.
12
Section 633.202, F.S.
13
Section 633.212(1), F.S.
14
National Fire Protection Association, NFPA 101, Life Safety Code, https://catalog.nfpa.org/NFPA-101-Life-Safety-Code-
P1220.aspx (last visited on January 31, 2022).
BILL: CS/SB 1954 Page 4
Excessive Noise
Section 316.3045, F.S., provides that it is a noncriminal traffic infraction15 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.16 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.17 Thus, the Court invalidated the
statute in its entirety.18
III. Effect of Proposed Changes:
Special Event Zones
SB 1954 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.
A “special event” is defined as an unpermitted temporary activity or event organized or
promoted via a social media platform19 which is attended by 200 or more persons and
substantially increases or disrupts the normal flow of traffic along a roadway, street, or highway.
15
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.
16
State v. Catalano, et al., 104 So. 3d 1069 (Fla. 2012).
17
Ibid at 1081.
18
Ibid.
19
A “social media platform” means any information service, system, Internet search engine, or access software provider that:
BILL: CS/SB 1954 Page 5
A “special event zone” is defined 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 on roadways, with letters at least three inches
in height, and must be posted at least 24 hours before enforcement may commence. The
sheriff or chief administrative officer shall maintain a log of the date and time that, and the
location where, each warning sign is posted.
 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 or is attended by
fewer than 100 people.
The bill provides that a person who commits a noncriminal traffic infraction20 in a special event
zone is required to pay a fine double the amount provided in statute.
The bill also provides for enhanced penalties for noncriminal traffic infractions21 and criminal
traffic violations22 that occur within the boundaries of a special event zone. A law enforcement
officer may impound the vehicle of any person who commits any noncriminal traffic infraction23
or criminal traffic violation in a special event zone and the impoundment must not exceed 72
hours, and the motor vehicle must be released immediately upon the payment of any costs and
fees for its impoundment, regardless of whether the payment is made before the 72-hour period.
Unless the noncriminal infraction or criminal charge is dismissed, all costs and fees associated
 Provides or enables computer access by multiple users to a computer server, 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 ss. 509.013 and 501.2041(1)(g), F.S.
20
Examples of noncriminal traffic infractions include failing to signal (such as use of a blinker), broken or nonfunctioning
taillamp, illegal window tint, modified exhaust system which emits noise above the level as originally manufactured,
speeding, and failure to stop at a traffic signal.
21
Ibid.
22
Examples of criminal traffic violations include reckless driving, racing, and driving under the influence.
23
“The bill does not limit the type of noncriminal traffic violation a vehicle could be impounded for. For example, the bill
would allow a vehicle to be impounded if the driver failed to use a blinker in a special event zone.” Department of Highway
Safety and Motor Vehicles, 2022 Legislative Bill Analysis for SB 1954, (January 28, 2022), p. 5 (on file in the Senate
Committee on Transportation).
BILL: CS/SB 1954 Page 6
with such impoundment must be paid by the owner of a vehicle or, if a vehicle is leased or
rented, by the person leasing or renting the vehicle.
The bill requires the sheriff or chief administrative officer of a county or municipality who
designates a special event zone in response to a special event to notify the State Fire Marshal or
person designated pursuant to s. 633.118, F.S., who must assist with the enforcement of
occupancy limits on private or public property in a special event zone.
The bill provides the sheriff or chief administrative officer of a county or municipality that
declares a special event zone may recover from a promoter or organizer of a special event all
relevant costs or fees 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,