JURISDICTION: FLORIDA

This chapter summarizes Florida State statutes related to speed.

General References: Florida Statutes Annotated and Florida Administrative Code (FAC)

Basis for a Speed Law Violation:

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards than existing. 316.183(1) & (4)

Statutory Speed Limit: 70 MPH on limited access highways(1) 316.187(2)(a)

See Other below. 55 MPH in all locations except as noted 316.183(2)

30 MPH(2) in business and residence districts 316.183(2) & 316.189(2)(a)

Posted (Maximum) Speed Limit: After engineering and traffic investigations, the State or local governments (within their jurisdictions) may increase or decrease the maximum speed limit on a highway.(3) However, the State cannot establish a speed limit >70 MPH and local jurisdictions cannot establish a maximum speed limit >60 MPH. 316.187(2)(e) & (2)(e) and 316.189(1) & (2)(b)

Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. 316.183(5)

II. The minimum speed limit on Interstate and Defense Highways, with at lest 4 lanes, is 40 MPH. 316.183(2)

Posted (Minimum) Speed Limit: After engineering and traffic investigations, the State or local governments (within their jurisdictions) may establish a minimum speed limit for a highway. 316.187(2)(d) & 316.189(2)(d)

Other: I. No school bus shall exceed the posted speed limit or 55 MPH. 316.183(3)

II. No person shall exceed the posted speed limit in a work zone. 316.183(6)

III. No person shall exceed the posted speed limit in a school zone.(4) 316.1895







Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Noncriminal Infractions (Moving Violations). 316.187(3), 316.189(4), 316.1895(9), 318.13(3) & 318.14(1)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): I. Exceeding the Speed Limit where the offense is not adjudicated-Civil Penalty(5)-$25 to $250 depending upon the extent of the violation(6) 318.18(3)(b)

II. Other Speed Violations where the offense is not adjudicated-Civil Penalty-$60 318.18(3)(a)

II. Any Speed Violation where the offender elects adjudication(7)-Not more than $500. However, the the fine limit is not more than $1,000 in situations where there was unlawful speeding in either a school or construction zone. 318.14(5)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: A person may be required to attended a driver improvement school.(8) 318.14(5) & (9)

Other:















Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension either via the Point System(9) or Suspension/Revocation via the courts(10) 316.655(2) & 322.27(3)

Term of License Withdrawal

(Days, Months, Years, etc.): 30 days to 1 year depending upon the points that have been accumulated 322.27(3)(a), (b) & (c)

Mandatory Minimum Term of

Withdrawal: None(11)

Miscellaneous Sanctions

Not Included Elsewhere:

Other Criminal Actions Related to Speeding:

Racing on Highway: Infraction (Moving Violation)(12) 316.191, 316.655(1) & 318.13(3)

Sanctions:

Criminal Sanction:

Imprisonment (Term): None

Mandatory Minimum Term:

Fine ($ Range): I. For Non-Adjudication Offenses-Civil Penalty5-$60 318.18(3)(a) See Footnote No. 8.

II. For Adjudication Offenses7-Not more than $500 318.14(5)

Mandatory Minimum Fine: None









Other Criminal Actions Related to Speeding:

(continued)

Racing on Highway: (continued)

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via the Point System or Suspension/Revocation via the courts10 316.655(2) & 322.27(3) See Footnote Nos. 8 & 9.

Length of Term of

Licensing Withdrawal: 30 days to 1 year depending upon the points that have been accumulated 322.27(3)(a), (b) & (c)

Mandatory Action--Minimum

Length of License

Withdrawal: None11

Other: A person may be required to attended a driver improvement school. 316.655(3) & 318.14(5) & (9) See Footnote No. 8.

Reckless Driving: Infraction (Moving Violation) 316.192, 316.655(1) & 318.13(3)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-Not more than 90 days Subsequent offense-Not more than 6 months 316.192(2)(a) & (b)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$25 to $500 Subsequent offense-$50 to $1,000 316.192(2)(a) & (b)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via the Point System or Suspension/Revocation via the courts10 316.655(2) & 322.27(3) 3rd offense-Revocation 322.26(6) See Footnote Nos. 8 & 9.

Length of Term of License

Withdrawal Action: 30 days to 1 year depending upon the points that have been accumulated 322.27(3)(a), (b) & (c) 3rd offense-1 year 322.28(1)

Mandatory Term of License

Withdrawal Action: None11



Other: I. Subsequent offense-If there is a death as a result of the offense, the offense may be required to serve 120 hours of community service. 316.192(2)(b)

II. 1st or subsequent offense-A fee of $5 is imposed for the purpose of funding the Emergency Medical Services Trust Fund. 316.192(3)













Other Criminal Actions Related to Speeding:

(continued)

Careless Driving(13): Infraction (Moving Violation) 316.1925, 316.655(1) & 318.13(3)

Sanction:

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): I. For Non-Adjudication Offenses-Civil Penalty5-$60 318.18(3)(a) See Footnote No. 8.

II. For Adjudication Offenses7-Not more than $500 318.14(5)

Mandatory Minimum Fine: None



Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via the Point System or Suspension/Revocation via the courts10 316.655(2) & 322.27(3) See Footnote Nos. 8 & 9.

Length of Term of License

Withdrawal Action: 30 days to 1 year depending upon the points that have been accumulated 322.27(3)(a), (b) & (c) 3rd offense-1 year 322.28(1)

Mandatory Term of License

Withdrawal Action: None11

Other: A person may be required to attended a driver improvement school. 316.655(3) & 318.14(5) & (9) See Footnote No. 8.

Commercial Motor Vehicle (CMV) Operators(14):

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"(15) within a 3 year period or (2) commit 3 such violations within a 3 year period. 322.61(1) & (2)

Period of Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days 322.61(1) & (2)





Commercial Motor Vehicle (CMV) Operators:

(continued)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days 322.61(1) & (2)

1. 1Other provisions of law establish the maximum speed limit of 65 MPH on any other highway which has 4 lanes that are divided by a median strip and which are located outside of urban areas with populations 5,000. 316.187(2)(b)

2. 2After an investigation, local authorities may establish a maximum speed limit of 20 MPH or 25 MPH in residence districts. 316.183

3. 3Note: Florida law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

4. 4A school zone speed limit cannot be more than 20 MPH. Such limit may only be in force 30 minutes before, during and after students are arriving or leaving a regularly scheduled school session. 316.1895(4)

5. 5This sanction is imposed on violators who elect not have a hearing.

6. 6I. For exceeding the speed limit from 1 to 9 MPH, the fine is $25. For exceeding the speed limit from 10 to 14 MPH, the fine is $100. For exceeding the speed limit from 15 to 19 MPH, the fine is $125. For exceeding the speed limit from 20 to 29 MPH, the fine is $150. And, for exceeding the speed limit by 30 MPH, the fine is $250. 318.18(3)(b) II. For exceeding the speed limit in a school or construction zone, the assessed fine is double the amount indicated above. 318.18(3)(c)

7. 7Sanction or sanctions which can be imposed if an offender elects to adjudicate the traffic offense. 316.655(2) & 318.14(5)

8. 8I. A person, who commits a noncriminal traffic infraction, may, in lieu of a court appearance, elect to attend a driver improvement course. If such occurs, adjudication is withheld and points cannot be assessed against the person's driving record. In addition, the civil penalty imposed under 318.18(3) must be reduced by 18 percent. 318.14(9) II. If an offender elects to adjudicate the traffic infraction, they still may be ordered to attend such a course. 318.13(5)

9. 9Point System. I. A person's license is suspended respectively for either (1) not more than 30 days, (2) not more than 3 months or (3) not more than 1 year is they accumulate either (1) 12 points within 12 months, (2) 18 points within 18 months or (3) 24 points within 36 months. 322.27(a), (b) & (c) II. The following points are assessed for speed related moving traffic violations: (1) 3 points for exceeding the speed limit by <15 MPH; (2) 4 points for exceeding the speed limit by >15 MPH; (3) 6 points for unlawful that results in an accident; (4) 4 points for reckless driving; (5) 3 points for careless driving; (6) 3 points for racing on the highways; and, (7) 4 points for a non-speed related moving violation that results in an accident. 322.27(3)(d)(1), (3), (5)(a) & (b), (7) & (8)

10. 10In addition to any action that may be taken by the licensing agency, the court has the authority to either suspend or revoke a driver's license if the court determines that there exists a need to protect persons who use the highways. In determining whether to take such action, the court considers among other things the extent or nature of the violation and whether, as a result of the violation there was either a death, personal injury or property damage. 316.655(2) Note: This provision does not provide for specific license suspension or revocation periods. However, under 322.28(1), the licensing agency can only suspend or revoke a license for 1 year. In addition, the licensing agency may be able to issue driving privileges for employment purposes under 322.271.

11. 11The licensing agency may modify either a suspension or revocation order and allow an offender to operate a motor vehicle for employment purposes. 322.271 and FAC 15A-1.019

12. 12No person "shall driver any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record" on a highway or street. 316.191(1)

13. 13A person shall operate a vehicle "in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person." 316.1925(1)

14. 14A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport more than 15 persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. 322.01(8)

15. 15A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH, reckless driving or careless driving. 322.61(1)(b), (c) & (e)