Florida Statute 316.3045 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.3045

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.

F.S. 316.3045 on Google Scholar

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Amendments to 316.3045

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.3045

R or S next to points is Mandatory Revocation or Suspension

S316.3045 SOUND MAKING DEVICE VIOLATION - Points on Drivers License: 0

S316.3045 (1) Unlawful operation of RADIOS/SOUND-MAKING DEVICES or INSTRUMENTS (if plainly audible at a distance of 25 feet or more, or plainly audible to persons outside of the vehicle when in areas adjoining churches, schools, hospitals) - Points on Drivers License: 0

S316.3045 (1)(a) Sound too loud/25 feet - Points on Drivers License: 0

S316.3045 (1)(b) Sound louder than necessary/vehicle - Points on Drivers License: 0

Cases Citing Statute 316.3045

Total Results: 9

Montgomery v. State

69 So. 3d 1023, 2011 WL 4102292

District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 2358480

Cited 13 times | Published

Montgomery asserted that Florida's noise statute, section 316.3045(1)(a), Florida Statutes (2005), was unconstitutionally

White v. State

619 So. 2d 429, 1993 WL 186583

District Court of Appeal of Florida | Filed: Jun 4, 1993 | Docket: 1721782

Cited 7 times | Published

the testimony of Officer Lockard as well as section 316.3045, Florida Statutes (1991), which limits the

State v. Catalano

104 So. 3d 1069, 37 Fla. L. Weekly Supp. 763, 2012 Fla. LEXIS 2551, 2012 WL 6196899

Supreme Court of Florida | Filed: Dec 13, 2012 | Docket: 60227291

Cited 6 times | Published

3d 1139 (Fla. 2d DCA 2011), which declared section 316.3045, Florida Statutes (2007), to be invalid. We

Davis v. State

710 So. 2d 635, 1998 WL 150696

District Court of Appeal of Florida | Filed: Apr 3, 1998 | Docket: 1444556

Cited 5 times | Published

C.J., and DAUKSCH, J., concur. NOTES [1] Section 316.3045, Florida Statutes (1997).

State v. Catalano

60 So. 3d 1139, 2011 WL 1801204

District Court of Appeal of Florida | Filed: May 11, 2011 | Docket: 60300070

Cited 1 times | Published

convenient hearing by persons inside the vehicle.” See § 316.3045(1)(b). I believe this language is subjective

State v. Allen

110 So. 3d 484, 2013 WL 950023, 2013 Fla. App. LEXIS 3956

District Court of Appeal of Florida | Filed: Mar 13, 2013 | Docket: 60230313

Published

Appellee Summer Allen was stopped pursuant to section 316.3045(1)(a), Florida Statutes (2010), which made

State v. Lockett

101 So. 3d 1275, 2012 Fla. App. LEXIS 20903, 2012 WL 6027757

District Court of Appeal of Florida | Filed: Dec 5, 2012 | Docket: 60226176

Published

his vehicle was stopped for a violation of section 316.3045(l)(a), Florida Statutes (2008).1 Because the

State v. Conley

98 So. 3d 108, 2012 Fla. App. LEXIS 11683, 2012 WL 2914033

District Court of Appeal of Florida | Filed: Jul 18, 2012 | Docket: 60312093

Published

seized during a traffic stop made pursuant to section 316.3045(l)(a), Florida Statutes (2010). Subsequent

Montgomery v. State

69 So. 3d 1023, 2011 Fla. App. LEXIS 14662

District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 60302430

Published

Montgomery asserted that Florida’s noise statute, section 316.3045(l)(a), Florida Statutes (2005), was unconstitutionally