If you have received a Florida speeding citation, you may have simply paid the ticket and put the issue behind you. Unfortunately, this action could have resulted in points being added to your driving record as well as a significant increase in your automobile insurance premiums. You may have violated Florida Statute 316.183 which covers unlawful speed in the state of Florida, Florida Statute 316.187 which governs speeding on a state road, or Florida Statute 316.189 which governs speeding within a municipality or county.
Statue 316.183 (Speeding in the state of Florida) states the maximum speed limits in both residential areas and on highways, however states that a county, or municipality may adjust the speed limit accordingly based on what is reasonable. The statute also states that there is a minimum speed limit of forty miles per hour on highways, unless the posted speed limit is 70 mph, then the minimum speed is fifty miles per hour.
A school bus may not exceed the posted speed limit under any circumstances. This statute also cautions drivers to adjust speed accordingly when approaching or crossing intersections or railroad crossings, approaching and going around a curve, when pedestrians are present, when approaching a hill crest, when traveling on a narrow or winding roadway and during inclement weather conditions. This statute also cautions drivers against driving so slowly as to block the normal movement of traffic, and that drivers should never exceed the posted maximum speed limit in a work zone area. Any violation of this section is a non-criminal traffic infraction, punishable as a moving violation as provided in Chapter 318.
Florida Statute 316.187 (Speeding on a state road) governs the establishment of state speed zones, and allows the Department of Transportation to allow speeds both greater or less than the current speeds when such changes are found to be more reasonable and safe than those currently in place at intersections or any part of a highway outside of a municipality, a state road, or a connecting link or extension within a municipality. The maximum speed limit on highways with limited access shall be seventy miles per hour, and the maximum allowable speed limit on highways outside urban areas of 5,000 or more persons with a minimum of four lanes divided by a median shall be sixty-five miles per hour. The Department of Transportation may set other maximum and minimum speed limits for any roadways under its authority as deemed safe and advisable—not to exceed a maximum speed limit of sixty miles per hour. Any violation of this section is a non-criminal traffic infraction, punishable as a moving violation as provided in Chapter 318.
Florida Statute 316.189 (Speeding on a municipal or county road) establishes municipal and county speed zones. The maximum speed within a municipality is thirty miles per hour, however a municipality can set a maximum speed limit of twenty or twenty-five miles per hour on local streets or highways should an investigation deem such a change reasonable. The maximum speed on county-maintained roads in a business or residence district shall be thirty miles per hour, however the county may set a maximum speed limit of twenty-five miles per hour should an investigation determine such a change is reasonable. All speed limits must be posted clearly and legibly, and no changes from speeds of thirty miles per hour can take place unless the change is properly posted. The signs stating the altered speed limits must be plainly visible in daylight or darkness when illuminated by headlights. Violations of speed limits will be cited as a moving violation, punishable as provided in Chapter 318.
Florida Statute 316.1905 details the use of electrical, mechanical or other speed calculating devices, and states that all such devices must be approved by the department and must have regular testing and calibration performed on the devices at least every six months. The statue specifies the procedure for using aircraft speed control, as well as the fact that police officers must be adequately trained in the use of specific speed devices such as laser, radar, VASCAR, pacing and aircraft speed control. Any person accused of the offense of speeding is entitled to have the officer who issued the ticket appear in court and testify.
Florida Statute 318.18 relates to the penalties associated with traffic offenses, and details the basic fines for speeding. Aside from the core fines for speeding, a person cited for exceeding the speed limit by up to five mph in a legally posted school zone will incur a fine of $50. A person going more than five miles above the posted speed limit in a school zone will have their fines doubled. A person who receives a ticket for exceeding the speed limit in a construction zone will also pay double the amount of fines incurred. The statute further states that should a violation result in an injury to a pedestrian or damage to property, and additional $250 will be paid, and that a person cited for exceeding the posted speed limit at a toll booth will also be fined double the assessed amount. A person who is cited for a second or subsequent conviction of speeding above thirty miles per hour within a twelve-month period will pay a fine which is double the amount stated in the statue.
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316.183 Unlawful speed.—
(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
(2) On all streets or highways, the maximum speed limits for all vehicles must be 30 miles per hour in business or residence districts, and 55 miles per hour at any time at all other locations. However, with respect to a residence district, a county or municipality may set a maximum speed limit of 20 or 25 miles per hour on local streets and highways after an investigation determines that such a limit is reasonable. It is not necessary to conduct a separate investigation for each residence district. The minimum speed limit on all highways that comprise a part of the National System of Interstate and Defense Highways and have not fewer than four lanes is 40 miles per hour, except that when the posted speed limit is 70 miles per hour, the minimum speed limit is 50 miles per hour.
(3) A school bus may not exceed the posted speed limits at any time.
(4) The driver of every vehicle shall, consistent with the requirements of subsection (1), drive at an appropriately reduced speed when:
(a) Approaching and crossing an intersection or railway grade crossing;
(b) Approaching and going around a curve;
(c) Approaching a hill crest;
(d) Traveling upon any narrow or winding roadway; and
(e) Any special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(5) No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.
(6) No driver of a vehicle shall exceed the posted maximum speed limit in a work zone area.
(7) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
316.187 Establishment of state speed zones.—
(1) Whenever the Department of Transportation determines, upon the basis of an engineering and traffic investigation, that any speed is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place, or upon any part of a highway outside of a municipality or upon any state roads, connecting links or extensions thereof within a municipality, the Department of Transportation may determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at the intersection or other place or part of the highway.
(2)(a) The maximum allowable speed limit on limited access highways is 70 miles per hour.
(b) The maximum allowable speed limit on any other highway which is outside an urban area of 5,000 or more persons and which has at least four lanes divided by a median strip is 65 miles per hour.
(c) The Department of Transportation is authorized to set such maximum and minimum speed limits for travel over other roadways under its authority as it deems safe and advisable, not to exceed as a maximum limit 60 miles per hour.
(3) Violation of the speed limits established under this section must be cited as a moving violation, punishable as provided in chapter 318.
316.189 Establishment of municipal and county speed zones.—
(1) MUNICIPAL SPEED.—The maximum speed within any municipality is 30 miles per hour. With respect to residence districts, a municipality may set a maximum speed limit of 20 or 25 miles per hour on local streets and highways after an investigation determines that such a limit is reasonable. It shall not be necessary to conduct a separate investigation for each residence district. A municipality may set speed zones altering the speed limit, both as to maximum, not to exceed 60 miles per hour, and minimum, after investigation determines such a change is reasonable and in conformity to criteria promulgated by the Department of Transportation, except that no changes shall be made on state highways or connecting links or extensions thereof, which shall be changed only by the Department of Transportation.
(2) SPEED ON COUNTY ROADS.—The maximum speed on any county-maintained road is:
(a) In any business or residence district, 30 miles per hour in the daytime or nighttime; provided that with respect to residence districts a county may set a maximum speed limit of 25 miles per hour after an investigation determines that such a limit is reasonable; and it shall not be necessary to conduct a separate investigation in each residence district.
(b) On any other part of a county road not a business or residence district, as set forth in s.316.183.
However, the board of county commissioners may set speed zones altering such speeds, both as to maximum and minimum, after investigation determines such a change is reasonable and in conformity to criteria promulgated by the Department of Transportation, except that no such speed zone shall permit a speed of more than 60 miles per hour.
(3) POSTING OF SPEED LIMITS.—All speed zones shall be posted with clearly legible signs. No change in speeds from 30 miles per hour or from those established in s. 316.183 shall take effect until the zone is posted by the authority changing the speed pursuant to this section and s.316.187. All signs which limit or establish speed limits, maximum and minimum, shall be so placed and so painted as to be plainly visible and legible in daylight or in darkness when illuminated by headlights.
(4) PENALTY.—Violation of the speed limits established under this section must be cited as a moving violation, punishable as provided in chapter 318.
316.1905 Electrical, mechanical, or other speed calculating devices; power of arrest; evidence.—
(1) Whenever any peace officer engaged in the enforcement of the motor vehicle laws of this state uses an electronic, electrical, mechanical, or other device used to determine the speed of a motor vehicle on any highway, road, street, or other public way, such device shall be of a type approved by the department and shall have been tested to determine that it is operating accurately. Tests for this purpose shall be made not less than once each 6 months, according to procedures and at regular intervals of time prescribed by the department.
(2) Any police officer, upon receiving information relayed to him or her from a fellow officer stationed on the ground or in the air operating such a device that a driver of a vehicle has violated the speed laws of this state, may arrest the driver for violation of said laws where reasonable and proper identification of the vehicle and the speed of same has been communicated to the arresting officer.
(3)(a) A witness otherwise qualified to testify shall be competent to give testimony against an accused violator of the motor vehicle laws of this state when such testimony is derived from the use of such an electronic, electrical, mechanical, or other device used in the calculation of speed, upon showing that the speed calculating device which was used had been tested. However, the operator of any visual average speed computer device shall first be certified as a competent operator of such device by the department.
(b) Upon the production of a certificate, signed and witnessed, showing that such device was tested within the time period specified and that such device was working properly, a presumption is established to that effect unless the contrary shall be established by competent evidence.
(c) Any person accused pursuant to the provisions of this section shall be entitled to have the officer actually operating the device appear in court and testify upon oral or written motion.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 313, ch. 95-148.
318.18 Amount of penalties.—The penalties required for a noncriminal disposition pursuant to s. 318.14 or a criminal offense listed in s. 318.17 are as follows:
(1) Fifteen dollars for:
(a) All infractions of pedestrian regulations.
(b) All infractions of s. 316.2065, unless otherwise specified.
(c) Other violations of chapter 316 by persons 14 years of age or under who are operating bicycles, regardless of the noncriminal traffic infraction’s classification.
(2) Thirty dollars for all nonmoving traffic violations and:
(a) For all violations of s. 322.19.
(b) For all violations of ss. 320.0605, 320.07(1), 322.065, and 322.15(1). Any person who is cited for a violation of s. 320.07(1) shall be charged a delinquent fee pursuant to s. 320.07(4).
1. If a person who is cited for a violation of s. 320.0605 or s. 320.07 can show proof of having a valid registration at the time of arrest, the clerk of the court may dismiss the case and may assess a dismissal fee of up to $10. A person who finds it impossible or impractical to obtain a valid registration certificate must submit an affidavit detailing the reasons for the impossibility or impracticality. The reasons may include, but are not limited to, the fact that the vehicle was sold, stolen, or destroyed; that the state in which the vehicle is registered does not issue a certificate of registration; or that the vehicle is owned by another person.
2. If a person who is cited for a violation of s. 322.03, s. 322.065, or s. 322.15 can show a driver license issued to him or her and valid at the time of arrest, the clerk of the court may dismiss the case and may assess a dismissal fee of up to $10.
3. If a person who is cited for a violation of s. 316.646 can show proof of security as required by s. 627.733, issued to the person and valid at the time of arrest, the clerk of the court may dismiss the case and may assess a dismissal fee of up to $10. A person who finds it impossible or impractical to obtain proof of security must submit an affidavit detailing the reasons for the impracticality. The reasons may include, but are not limited to, the fact that the vehicle has since been sold, stolen, or destroyed; that the owner or registrant of the vehicle is not required by s. 627.733 to maintain personal injury protection insurance; or that the vehicle is owned by another person.
(c) For all violations of ss. 316.2935 and 316.610. However, for a violation of s. 316.2935 or s.316.610, if the person committing the violation corrects the defect and obtains proof of such timely repair by an affidavit of compliance executed by the law enforcement agency within 30 days from the date upon which the traffic citation was issued, and pays $4 to the law enforcement agency, thereby completing the affidavit of compliance, then upon presentation of said affidavit by the defendant to the clerk within the 30-day time period set forth under s. 318.14(4), the fine must be reduced to $10, which the clerk of the court shall retain.
(d) For all violations of s. 316.126(1)(b), unless otherwise specified.
(3)(a) Except as otherwise provided in this section, $60 for all moving violations not requiring a mandatory appearance.
(b) For moving violations involving unlawful speed, the fines are as follows:
For speed exceeding the limit by: Fine:
1-5 m.p.h……….Warning
6-9 m.p.h……….$25
10-14 m.p.h……….$100
15-19 m.p.h……….$150
20-29 m.p.h……….$175
30 m.p.h. and above……….$250
(c) Notwithstanding paragraph (b), a person cited for exceeding the speed limit by up to 5 m.p.h. in a legally posted school zone will be fined $50. A person exceeding the speed limit in a school zone or designated school crossing shall pay a fine double the amount listed in paragraph (b).
(d) A person cited for exceeding the speed limit in a posted construction zone, which posting must include notification of the speed limit and the doubling of fines, shall pay a fine double the amount listed in paragraph (b). The fine shall be doubled for construction zone violations only if construction personnel are present or operating equipment on the road or immediately adjacent to the road under construction.
(e) A person cited for exceeding the speed limit in an enhanced penalty zone shall pay a fine amount of $50 plus the amount listed in paragraph (b). Notwithstanding paragraph (b), a person cited for exceeding the speed limit by up to 5 m.p.h. in a legally posted enhanced penalty zone shall pay a fine amount of $50.
(f) If a violation of s. 316.1301 or s. 316.1303(1) results in an injury to the pedestrian or damage to the property of the pedestrian, an additional fine of up to $250 shall be paid. This amount must be distributed pursuant to s. 318.21.
(g) A person cited for exceeding the speed limit within a zone posted for any electronic or manual toll collection facility shall pay a fine double the amount listed in paragraph (b). However, no person cited for exceeding the speed limit in any toll collection zone shall be subject to a doubled fine unless the governmental entity or authority controlling the toll collection zone first installs a traffic control device providing warning that speeding fines are doubled. Any such traffic control device must meet the requirements of the uniform system of traffic control devices.
(h) A person cited for a second or subsequent conviction of speed exceeding the limit by 30 miles per hour and above within a 12-month period shall pay a fine that is double the amount listed in paragraph (b). For purposes of this paragraph, the term “conviction” means a finding of guilt as a result of a jury verdict, nonjury trial, or entry of a plea of guilty.
