316.3045
Operation of radios or other mechanical or electronic soundmaking devices or instruments in vehicles; exemptions.
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316.3045 Operation of radios or other mechanical or electronic soundmaking devices or instruments in vehicles; exemptions.—
(1) A person operating or occupying a motor vehicle on a street or highway may not operate or amplify the 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 the motor vehicle, so that the sound is:
(a) Plainly audible at a distance of 25 feet or more from the motor vehicle; or
(b) Louder than necessary for the convenient hearing by persons inside the vehicle in areas adjoining private residences, churches, schools, or hospitals.
(2) This section does not apply to a law enforcement vehicle equipped with a communication device necessary in the performance of law enforcement duties or to an emergency vehicle equipped with a communication device necessary in the performance of emergency procedures.
(3) This section does not apply to the noise made by a horn or other warning device required or permitted by s. 316.271. The Department of Highway Safety and Motor Vehicles shall adopt rules defining “plainly audible” and establish standards regarding how sound should be measured by law enforcement personnel who enforce this section.
(4) This section does not prohibit a local authority from lawfully imposing more stringent regulations on sound produced by a radio or other mechanical or electronic soundmaking device or instrument as described in subsection (1), which sound emanates from a motor vehicle.
(5) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.—s. 1, ch. 90-256; s. 220, ch. 99-248; s. 9, ch. 2005-164; s. 2, ch. 2022-149.
Notes of Decisions
Cited in 9
cases, 1993–2013 · leading case: State v. Catalano
State v. Catalano (2012)
“§ 316.3045, Fla. Stat. (2007). As required by subsection (4), the Department of Highway Safety and Motor Vehicles (DMV) promulgated the following rule: 15B-13.”
State v. Catalano (2011)
“Catalano and Alexander Schermerhorn, were issued traffic citations under section 316.3045, Florida Statutes (2007).”
Montgomery v. State (2011)
“Section 316.3045, Florida Statutes (2005), provides, in pertinent part: Operation of radios or other mechanical soundmaking devices or instruments in vehicles; exemptions.”
Davis v. State (1998)
“NOTES [1] Section 316.3045, Florida Statutes (1997).”
State v. Lockett (2012)
“Lockett was charged with driving while his license was suspended and for playing loud music which was audible from more than twenty-five feet away in violation of section 316.3045. The charge under section 316.”
White v. State (1993)
“The appellee relies on the testimony of Officer Lockard as well as section 316.3045, Florida Statutes (1991), which limits the permissible volume of electrical soundmaking devises operated within motor vehicles, to argue that the stop was valid.”
State v. Conley (2012)
“2d DCA 2011), wherein we stated that section 316.3045, Florida Statutes (2007), “is a content-based restriction on free expression which violates the First Amendment.”
Montgomery v. State (2011)
“Section 316.3045, Florida Statutes (2005), provides, in pertinent part: Operation of radios or other mechanical soundmaking devices or instruments in vehicles; exemptions.”
State v. Allen (2013)
“Appellee Summer Allen was stopped pursuant to section 316.3045(1)(a), Florida Statutes (2010), which made it unlawful for a person operating a motor vehicle to operate the radio loud enough to be plainly audible twenty-five feet or more from the motor vehicle.”
— 316.3045(1) — 3 cases
State v. Catalano (2011)
“Catalano and Alexander Schermerhorn, were issued traffic citations under section 316.3045, Florida Statutes (2007).”
State v. Lockett (2012)
“Lockett was charged with driving while his license was suspended and for playing loud music which was audible from more than twenty-five feet away in violation of section 316.3045. The charge under section 316.”
State v. Conley (2012)
“2d DCA 2011), wherein we stated that section 316.3045, Florida Statutes (2007), “is a content-based restriction on free expression which violates the First Amendment.”
— 316.3045(1)(a) — 4 cases
Montgomery v. State (2011)
“Section 316.3045, Florida Statutes (2005), provides, in pertinent part: Operation of radios or other mechanical soundmaking devices or instruments in vehicles; exemptions.”
State v. Catalano (2011)
“Catalano and Alexander Schermerhorn, were issued traffic citations under section 316.3045, Florida Statutes (2007).”
State v. Allen (2013)
“Appellee Summer Allen was stopped pursuant to section 316.3045(1)(a), Florida Statutes (2010), which made it unlawful for a person operating a motor vehicle to operate the radio loud enough to be plainly audible twenty-five feet or more from the motor vehicle.”
Montgomery v. State (2011)
“Section 316.3045, Florida Statutes (2005), provides, in pertinent part: Operation of radios or other mechanical soundmaking devices or instruments in vehicles; exemptions.”
— 316.3045(1)(b) — 1 case
State v. Catalano (2011)
“Catalano and Alexander Schermerhorn, were issued traffic citations under section 316.3045, Florida Statutes (2007).”
— 316.3045(3) — 4 cases
State v. Catalano (2012)
“§ 316.3045, Fla. Stat. (2007). As required by subsection (4), the Department of Highway Safety and Motor Vehicles (DMV) promulgated the following rule: 15B-13.”
Montgomery v. State (2011)
“Section 316.3045, Florida Statutes (2005), provides, in pertinent part: Operation of radios or other mechanical soundmaking devices or instruments in vehicles; exemptions.”
State v. Catalano (2011)
“Catalano and Alexander Schermerhorn, were issued traffic citations under section 316.3045, Florida Statutes (2007).”
Montgomery v. State (2011)
“Section 316.3045, Florida Statutes (2005), provides, in pertinent part: Operation of radios or other mechanical soundmaking devices or instruments in vehicles; exemptions.”
— 316.3045(4) — 2 cases
Montgomery v. State (2011)
“Section 316.3045, Florida Statutes (2005), provides, in pertinent part: Operation of radios or other mechanical soundmaking devices or instruments in vehicles; exemptions.”
Montgomery v. State (2011)
“Section 316.3045, Florida Statutes (2005), provides, in pertinent part: Operation of radios or other mechanical soundmaking devices or instruments in vehicles; exemptions.”
— 316.3045(l)(a) — 4 cases
State v. Catalano (2012)
“§ 316.3045, Fla. Stat. (2007). As required by subsection (4), the Department of Highway Safety and Motor Vehicles (DMV) promulgated the following rule: 15B-13.”
State v. Lockett (2012)
“Lockett was charged with driving while his license was suspended and for playing loud music which was audible from more than twenty-five feet away in violation of section 316.3045. The charge under section 316.”
State v. Conley (2012)
“2d DCA 2011), wherein we stated that section 316.3045, Florida Statutes (2007), “is a content-based restriction on free expression which violates the First Amendment.”
Montgomery v. State (2011)
“Section 316.3045, Florida Statutes (2005), provides, in pertinent part: Operation of radios or other mechanical soundmaking devices or instruments in vehicles; exemptions.”
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