(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 Florida Statutes § 316.3045
    (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 Florida Statutes § 316.3045. History-New 3-23-23.