Florida Statute 316.3045 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

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

F.S. 316.3045 on Casetext

Amendments to 316.3045

Arrestable Offenses / Crimes under Fla. Stat. 316.3045

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.3045.

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

Annotations, Discussions, Cases:

Cases Citing Statute 316.3045

Total Results: 9

State v. Allen

Court: District Court of Appeal of Florida | Date Filed: 2013-03-13

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

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

State v. Catalano

Court: Supreme Court of Florida | Date Filed: 2012-12-13

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

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

State v. Lockett

Court: District Court of Appeal of Florida | Date Filed: 2012-12-05

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

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

State v. Conley

Court: District Court of Appeal of Florida | Date Filed: 2012-07-18

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

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

Montgomery v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-09-16

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

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

Montgomery v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-09-16

Citation: 69 So. 3d 1023, 2011 WL 4102292

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

State v. Catalano

Court: District Court of Appeal of Florida | Date Filed: 2011-05-11

Citation: 60 So. 3d 1139, 2011 WL 1801204

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

Davis v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-04-03

Citation: 710 So. 2d 635, 1998 WL 150696

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

White v. State

Court: District Court of Appeal of Florida | Date Filed: 1993-06-04

Citation: 619 So. 2d 429, 1993 WL 186583

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