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Officials target sound systems

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By CARL ORTH

The Suncoast News

Published: October 25, 2009

NEW PORT RICHEY - Turn that car stereo down, some state lawmakers want to tell drivers who crank up the volume to window-rattling levels.

They say they are responding to complaints from many constituents about vehicles roaming the street with high-powered sound systems booming, local lawmakers say.

State Sen. Mike Fasano, R-New Port Richey, said he intends to support legislation to beef up penalties for driving while generating high decibels.

State Rep. Alan Hays, R-Umatilla, recently introduced a bill to be considered during the Legislature's 2010 regular session. The proposal would reclassify the offense as a moving violation, with a stiffer fine and points on an offender's driver license.

State Sen. Steve Oelrich, R-Gainesville, is expected to file a companion bill in the Senate.

"I fully support the legislation," Fasano, the Senate president pro tempore, said. "I was unaware until recently that only a nonmoving violation citation was given. That is wrong. I believe if points are enforced upon the driver that is ticketed they will think twice before breaking the law again. I will support the Senate bill when it comes before me for a vote."

The concept appeals to state Rep. Peter Nehr, too. But the Tarpon Springs Republican has some reservations about possible problems with enforcement.

"I had a lot of people ... complain to me about that, especially here in Tarpon Springs," Nehr said about booming stereos. "I think it's very disrespectful and rude."

People object to being forced to listen to loud music while stopped at traffic signals or while an inconsiderate driver cruises along residential streets late at night, Nehr said.

Nehr spoke briefly with law enforcement officials about the proposal.

"The policeman has to be right there" to witness the offense, Nehr said. The offending driver likely would be gone by the time the officer could respond to a complaint.

The same problem is encountered by residents jarred awake at 3 a.m. when a driver with a loud sound system cruises down the street.

"Even though it's a great idea," Nehr said about tougher enforcement, he wonders about "legal entanglements."

If courts consider the wording of Hays' proposal too vague, judges could toss out cases, he said.

Nehr is concerned police officers could wind up having to carry devices to measure decibel levels. With shrinking revenue, law enforcement agencies might not have the money in budgets to buy the sound-measuring devices.

Nehr doesn't want to pass a law for the sake of passing a law without any practical effect.

"I'm not an over-regulating type of guy," Nehr said. "You can't regulate everything." So Nehr wants to research the issue more.

Statewide, there were 21,282 convictions in 2008 under the existing law which classifies it as a nonmoving violation.

Florida law forbids drivers from operating or amplifying stereos "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."

Hays' plan would almost double the base fines and fees to nearly $130. Repeat offenders would pay more.

An offender likely would pay higher car insurance premiums if points are placed on the driver's license, if the proposal is approved. Twelve points in a single year leads to suspension of a Florida's driver license.

Courtenay Strickland, public policy director for the American Civil Liberties Union of Florida, argues the Hays proposal is over-reaching. "It is unnecessary and not the direction we should be headed," she said.

She questioned the timing of Hays' proposal. "In this current economic climate, the last thing we need to be doing is imposing excessive fines on people for exceeding an unreasonable standard of what's considered too loud for their car radios."

Information from The Tampa Tribune was used in this article.

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