Loud music could fetch a $114 ticket in the state of Florida starting July 1st 2022. The new law will give law enforcement yet another reason to issue you a citation. Many think it’s unfair and could lead to selective enforcement. On the other hand, emergency service workers think it could help drivers hear their vehicle’s sirens better. Others just plain hate the noise in their neighborhoods and support the new law for a little piece of quiet.
No matter what you may think of this, it will become enforceable today. Here’s a few things you should know: (you can also read the entire FL Statute below.
- The law states music needs to be “Plainly audible at a distance of 25 feet or more from the motor vehicle” to be a ticketable offense
- The law also says music “Louder than necessary for the convenient hearing by persons inside the vehicle in areas adjoining churches, schools, or hospitals.” could be considered ticketable if the area is marked appropriately with signage
As you can see this gives law enforcement lots of room to issue citations. However, they must be able to prove this in court so there’s also plenty of room to fight them. Music “audible within 25 feet” seems pretty subjective to us. Some may remember that a similar statute was deemed unconstitutional back in 2012. What’s different ten years later? Not much. It will be interesting to see how long until it gets challenged.
In the meantime, the lawyers at The Ticket Clinic are ready to take on these “too loud” tickets. Text a tick pic to 305305 for a fast and free quote or call to speak to a legal assistant.
316.3045 Operation of radios or other mechanical soundmaking devices or instruments in vehicles; exemptions.—
(1) It is unlawful for any person operating or occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio, tape player, or other mechanical soundmaking device or instrument from within 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 churches, schools, or hospitals.
(2) The provisions of this section shall not apply to any law enforcement motor vehicle equipped with any communication device necessary in the performance of law enforcement duties or to any emergency vehicle equipped with any communication device necessary in the performance of any emergency procedures.
(3) The provisions of this section do not apply to motor vehicles used for business or political purposes, which in the normal course of conducting such business use soundmaking devices. The provisions of this subsection shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from regulating the time and manner in which such business may be operated.
(4) The provisions of this section do 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 promulgate rules defining “plainly audible” and establish standards regarding how sound should be measured by law enforcement personnel who enforce the provisions of this section.
(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.
