| This summarizes Florida
State statutes related to speed. |
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General References: | Florida
Statutes Annotated and Florida Administrative Code (FAC) |
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Basis for a Speed Law Violation: |
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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) |
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Statutory Speed Limit: | 70 MPH
on limited access highways(1) §316.187(2)(a) |
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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) |
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Posted (Maximum) Speed Limit: |
I. After engineering and traffic investigations, the State
or local governments (within their jurisdictions) may
increase or decrease the statutory 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)
II. Under separate statutory
authority, the State Department of Transportation or a local
government may reduce the speed limits otherwise proscribed
by law on any highway (or part thereof) or bridge. Such
action must be based on the need to avoid damage to such
highway or bridge due to either its design or to weather
related conditions. §316.555 Note: Under such authority, it
may be possible to provide for different speeds for
different types of vehicles.3 |
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)
III. A person, driving at less than the
normal speed of traffic, shall drive in the right-hand lane
then available for traffic or as close as practicable to the
right-hand curb or edge of the roadway. §316.081(2) |
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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) |
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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 |
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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), 316.655, 318.13(3) &
318.14(1) |
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Other: | |
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Sanctions Following an Adjudication of a Speed Law Violation: |
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Criminal Sanctions: | |
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Imprisonment: | |
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Term (Day, Month, Years, Etc.): |
None |
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Mandatory Minimum Term: | |
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Fine: | |
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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 Law
Violations where the offense is not adjudicated-Civil
Penalty-$60 §318.18(3)(a)
II. Any
Speed Law Violation where the offender elects
adjudication(7)-Not more than $500. However,
the fine limit is not more than $1,000 in
situations where there was unlawful speeding in either a
school or construction zone. §§316.655(3) & 318.14(5) |
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Mandatory Min. Fine ($): |
None |
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Other Penalties: | |
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Traffic School: | A person may
be required to attended a driver improvement school.(8)
§318.14(5) & (9) |
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Other: | |
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Licensing Action: | |
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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) |
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Term of License Withdrawal (Days, Months, Years, etc.): |
30 days to 1 year depending
upon the number of points that have been accumulated
§322.27(3)(a), (b) & (c) |
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Mandatory Minimum Term of Withdrawal: |
None(11) |
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Miscellaneous Sanctions Not Included Elsewhere: |
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Other Criminal Actions Related to Speeding: |
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Racing on Highway
(12): | Infraction
(Moving Violation) §316.191, 316.655(1) & 318.13(3) |
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Sanctions: | |
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Criminal Sanction: | |
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Imprisonment (Term): |
None |
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Mandatory Minimum Term: | |
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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 $500
§318.14(5) |
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Mandatory Minimum Fine: |
None |
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Administrative Licensing Action: | |
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Licensing Authorized and Type of Action: |
Suspension via the Point
System or Suspension/Revocation via the
courts10 §§316.655(2) & 322.27(3) See Footnote
Nos. 8 & 9. |
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Length of Term of Licensing Withdrawal: |
30 days to 1 year depending
upon the number of points that have been accumulated
§322.27(3)(a), (b) & (c) |
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Mandatory Action--Minimum | |
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Length of License Withdrawal: |
None (11) |
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Other: | A person may be
required to attended a driver improvement school.
§§316.655(3) & 318.14(5) & (9) See Footnote No. 8. |
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Reckless Driving(13): |
Infraction (Moving Violation) §316.192, 316.655(1) &
318.13(3) |
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Sanction: | |
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Criminal: | |
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Imprisonment (Term): |
1st offense-Not more than 90 days
Subsequent offense-Not more than 6 months
§316.192(2)(a) & (b) |
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Mandatory Minimum Term of Imprisonment: |
None |
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Fine ($ Range): |
1st offense-$25 to $500 Subsequent
offense-$50 to $1,000 §316.192(2)(a) &
(b) |
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Mandatory Minimum Fine: |
None |
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Administrative Licensing Actions: | |
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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. |
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Length of Term of License
Withdrawal Action: |
30 days to 1 year depending upon the number of
points that have been accumulated §322.27(3)(a), (b) & (c)
3rd offense-1 year §322.28(1) |
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Mandatory Term of License
Withdrawal Action: |
None (11) |
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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 $5 is
imposed for the purpose of funding the Emergency Medical
Services Trust Fund. §316.192(3) |
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Careless Driving(14): |
Infraction (Moving Violation) §316.1925, 316.655(1) &
318.13(3) |
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Sanction: | |
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Criminal: | |
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Imprisonment (Term): |
None |
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Mandatory Minimum Term of Imprisonment: | |
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Fine ($ 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) |
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Mandatory Minimum Fine: |
None |
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Administrative Licensing Actions: | |
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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. |
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Length of Term of License Withdrawal Action: |
30 days to 1 year depending
upon the number of points that have been accumulated
§322.27(3)(a), (b) & (c) 3rd offense-1 year
§322.28(1) |
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Mandatory Term of License Withdrawal Action: |
None (11) |
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Other: | A person may be
required to attended a driver improvement school.
§§316.655(3) & 318.14(5) & (9) See Footnote No. 8. |
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Commercial Motor Vehicle (CMV) Operators(15): | |
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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"(16) within a 3 year period or (2) commit 3 such
violations within a 3 year period. §322.61(1) & (2) |
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Period of Disqualification: |
2 serious violations (within 3
years)-60 days 3 serious violations
(within 3 years)-120 days §322.61(1) & (2) |
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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. Other 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. After an investigation, local authorities may
establish a maximum speed limit of 20 MPH or 25 MPH in
residence districts. §316.183
3. The State Department of Transportation or a local
government may "regulate" any class or size of motor
vehicle, trailer or semitrailer upon any part of a highway
under their respective jurisdictions when in their judgment
such action is needed to for public safety due to "traffic
density" or "intensive use" of such highway. §316.555 Note:
Such "regulation" could include the establishment of special
speed limits for certain classes or types of vehicles on
certain segments of a highway.
4. A 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. I.e, this sanction is imposed on violators who elect
not have a hearing.
6. I. 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. Sanction or sanctions which can be imposed if an
offender elects to adjudicate the traffic offense.
§§316.655(2) & 318.14(5)
8. I. 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. Point 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; (7) 3
points for any other moving violation; and, (8) 4 points for
a non-speed related moving violation that results in an
accident. §322.27(3)(d)(1), (3), (5)(a) & (b), (6), (7) &
(8) 10. In
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.
The 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. "No person shall drive 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. A person commits a 2nd
Degree Felony if they attempt to elude a law enforcement
officer who is operating a marked patrol vehicle with siren
and lights activated and the person drives either (1) at a
high speed or (2) "in any manner which demonstrates a wanton
disregard for the safety of persons or property...." The
sanctions for this offense are imprisonment for not more
than 15 years, a fine of not more than $10,000 and license
revocation for not more than 1 year. §§316.1935(3) & (5),
775.082(3)(c) and 775.083(1)(b)
14. A 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)
15. A 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)
16. A "serious traffic violation" includes exceeding the
speed limit by 15 or more MPH, reckless driving or careless
driving. §322.61(1)(b), (c) & (e)
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