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: Fla. Dist. Ct. App. | Date Filed: 2013-03-13T00:00:00-07:00

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: Fla. | Date Filed: 2012-12-13T00:00:00-08:00

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…unconstitutionally vague. Finally, we find that section 316.3045(3) is not severable from the remainder of the …, for violating the sound standards of section 316.3045(l)(a), Florida Statutes (2007). Catalano, 60 So… So.3d at 1141.2 Specifically, section 316.3045 provides as follows: Operation of radios or other mechanical…nonmoving violation as provided in chapter 318. § 316.3045, Fla. Stat. (2007). As required by subsection

State v. Lockett

Court: Fla. Dist. Ct. App. | Date Filed: 2012-12-05T00:00:00-08:00

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

Snippet: away in violation of section 316.3045. The charge under section 316.3045 was subsequently dismissed and…vehicle was stopped for a violation of section 316.3045(l)(a), Florida Statutes (2008).1 Because the trial….3d 1139, 1146 (Fla. 2d DCA 2011), that section 316.3045 “is a content-based restriction on free expression…DAMOORGIAN and LEVINE, JJ., concur. . Section 316.3045(1), Florida Statutes (2008), provides, in pertinent

State v. Conley

Court: Fla. Dist. Ct. App. | Date Filed: 2012-07-18T00:00:00-07:00

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 …. 2d DCA 2011), wherein we stated that section 316.3045, Florida Statutes (2007), “is a content-based … Conley was stopped for a violation of section 316.3045(1), which provides, in pertinent part: It is unlawful…Conley was not charged with a violation of section 316.3045. On March 16, 2011, Conley filed his initial motion…he alleged was this court’s ruling that section 316.3045 is unconstitutional. “[A] trial court’s ruling

Montgomery v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-16T00:00:00-07:00

Citation: 69 So. 3d 1023

Snippet: asserted that Florida's noise statute, section 316.3045(1)(a), Florida Statutes (2005), was unconstitutionally…restricted his right of free expression. Section 316.3045, Florida Statutes (2005), provides, in pertinent…audible" standard in a challenge to section 316.3045, writing: The challenge in Easy Way was a facial…vagueness challenge to an earlier version of section 316.3045 in Davis v. State, 710 So.2d 635 (Fla. 5th DCA…, Inc., 656 So.2d 470, 472 (Fla.1995). Section 316.3045(1)(a) provides, in pertinent part, that "

Montgomery v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-16T00:00:00-07:00

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…restricted his right of free expression. Section 316.3045, Florida Statutes (2005), provides, in pertinent…plainly audible” standard in a challenge to section 316.3045, writing: The challenge in Easy Way was a facial…vagueness challenge to an earlier version of section 316.3045 in Davis v. State, 710 So.2d 635 (Fla. 5th DCA…, Inc., 656 So.2d 470, 472 (Fla.1995). Section 316.3045(l)(a) provides, in pertinent part, that “[i]t

State v. Catalano

Court: Fla. Dist. Ct. App. | Date Filed: 2011-05-11T00:00:00-07:00

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

Snippet: . See § 316.3045(1)(a). This substantial reduction makes me question whether section 316.3045 should be… hearing by persons inside the vehicle.” See § 316.3045(1)(b). I believe this language is subjective enough…difference between the present version of section 316.3045 and that construed in Davis v. State, 710 So.2d…courts faced with motions to invalidate section 316.3045. In the case at bar, the trial courts were asked…Palm Beach County Court’s concern that section 316.3045, as amended, now penalizes conduct that may not

Davis v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-04-02T23:53:00-08:00

Citation: 710 So. 2d 635

Snippet: ., and DAUKSCH, J., concur. NOTES [1] Section 316.3045, Florida Statutes (1997). 97-996 District

White v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-06-04T00:53:00-07:00

Citation: 619 So. 2d 429

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