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Florida Statute 316.3045 | Lawyer Caselaw & Research
F.S. 316.3045 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 316.3045

The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

STATE v. ALLEN,, 110 So. 3d 484 (Fla. Dist. Ct. App. 2013)

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

STATE v. T. CATALANO,, 104 So. 3d 1069 (Fla. 2012)

. . . Catalano, 60 So.3d 1139 (Fla. 2d DCA 2011), which declared section 316.3045, Florida Statutes (2007), . . . Finally, we find that section 316.3045(3) is not severable from the remainder of the statute. . . . Specifically, section 316.3045 provides as follows: Operation of radios or other mechanical soundmaking . . . Each then appealed to the circuit court of Pinellas County, arguing that section 316.3045 is facially . . . We first examine whether section 316.3045(l)(a) is unconstitutionally vague. . . .

STATE v. LOCKETT,, 101 So. 3d 1275 (Fla. Dist. Ct. App. 2012)

. . . Lockett’s motion to suppress evidence obtained when his vehicle was stopped for a violation of section 316.3045 . . . for playing loud music which was audible from more than twenty-five feet away in violation of section 316.3045 . . . The charge under section 316.3045 was subsequently dismissed and the suspended license charge was transferred . . . Catalano, 60 So.3d 1139, 1146 (Fla. 2d DCA 2011), that section 316.3045 “is a content-based restriction . . . Section 316.3045(1), Florida Statutes (2008), provides, in pertinent part: It is unlawful for any person . . .

STATE v. CONLEY,, 98 So. 3d 108 (Fla. Dist. Ct. App. 2012)

. . . Lapar Donta Conley’s motion to suppress evidence seized during a traffic stop made pursuant to section 316.3045 . . . Catalano, 60 So.3d 1139, 1146 (Fla. 2d DCA 2011), wherein we stated that section 316.3045, Florida Statutes . . . On January 20, 2011, Conley was stopped for a violation of section 316.3045(1), which provides, in pertinent . . . Notably, Conley was not charged with a violation of section 316.3045. . . . The issue presented in this case is neither the constitutionality of section 316.3045, see Davis v. . . .

MONTGOMERY, v. STATE, 69 So. 3d 1023 (Fla. Dist. Ct. App. 2011)

. . . Specifically, Montgomery asserted that Florida’s noise statute, section 316.3045(l)(a), Florida Statutes . . . Section 316.3045, Florida Statutes (2005), provides, in pertinent part: Operation of radios or other . . . Section 316.3045(l)(a) provides, in pertinent part, that “[i]t is unlawful for any person operating or . . . Section 316.3045(1)(a) is not content neutral, and therefore, a strict scrutiny standard of judicial . . . After Davis, the Florida Legislature amended section 316.3045(1 )(a) by reducing the "plainly audible . . .

STATE v. T. CATALANO, v., 60 So. 3d 1139 (Fla. Dist. Ct. App. 2011)

. . . See § 316.3045(1)(b). . . . See § 316.3045(1)(a). . . . The county court resolved the motion to suppress by declaring section 316.3045 unconstitutional because . . . The version of section 316.3045 passed upon in Davis is clearly a noise ordinance. . . . This is an important question in the event the legislature seeks to revisit section 316.3045 in light . . . Catalano and Alexander Schermerhorn, were issued traffic citations under section 316.3045, Florida Statutes . . . Section 316.3045 restricts the volume at which a car stereo system may be played on a public street, . . . Schermerhorn were cited for playing their car radios too loudly, in violation of section 316.3045, which . . . In Davis, a previous version of section 316.3045 was deemed to be constitutional against a vagueness . . . Catalano was issued a traffic citation under section 316.3045 on November 13, 2007, and Mr. . . .

J. DAVIS, v. STATE, 710 So. 2d 635 (Fla. Dist. Ct. App. 1998)

. . . Section 316.3045, Florida Statutes (1997). . . .

WHITE, v. STATE, 619 So. 2d 429 (Fla. Dist. Ct. App. 1993)

. . . The appellee relies on the testimony of Officer Lockard as well as section 316.3045, Florida Statutes . . .