STORAGE NAME: h0351.GOS
DATE: 3/21/2025
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FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 351
TITLE: Traffic Infractions
SPONSOR(S): Plasencia
COMPANION BILL: SB 1782 (Pizzo)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Government Operations
Criminal Justice
State Affairs
SUMMARY
Effect of the Bill:
The bill provides that exceeding the speed limit by 50 miles per hour (mph) or more or operating a motor vehicle at
100mph is reckless driving. The bill requires a mandatory hearing and increases penalties for violations relating to
speeding in excess of 50 mph and certain motorcycle and moped laws.
Fiscal or Economic Impact:
The bill will likely have an indeterminate fiscal impact on local and state governments and the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill provides that the following are additional actions that constitute reckless driving, regardless of whether
they are done with willful and wanton disregard for the safety of person or property:
Exceeding the speed limit by 50 miles per hour (mph) or more.
Operating a motor vehicle at 100 mph or more. (Section 1)
The bill increases penalties for reckless driving as follows:
First Conviction: Increases the fine from a maximum of $500 to a minimum of $2,500 and provides that the
court must revoke the person’s driving privilege for six months.
Second or Subsequent Conviction: Increases the fine from a maximum of $1,000 to a minimum of $5,000
and provides that the court must revoke the person’s driving privilege for one year. (Section 1)
The bill authorizes law enforcement to immediately impound the motor vehicle for up to 30 days if a law
enforcement officer has arrested or issued a criminal citation to the operator of a motor vehicle who exceeds the
speed limit by 50 mph or more or operates the vehicle at 100 mph or more. The law enforcement officer must
notify the Department of Highway Safety and Motor Vehicles (DHSMV) of any impoundment according to
procedures established by DHSMV. (Section 1)
The bill provides that any driver who commits the following infractions must appear before a designated official at
a mandatory hearing:
A driver of a motor vehicle who exceeds the speed limit in excess of 50 mph.
A driver of a motorcycle or moped who fails to have both wheels on the ground at all times, facing forward,
and with one leg on each side of the motorcycle.
A driver of a motorcycle or moped who fails to have a license plate permanently affixed to a motorcycle or
moped and clearly visible from the rear at all times. (Section 3)
The bill also increases the penalties for these same infractions: JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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First Violation: Increases the fine from $1,000 to $2,500 and allows the court to revoke driving privilege of
driver for six months.
Second Violation: Increases the fine from $2,500 to $5,000 and maintains the same revocation of driving
privilege for one year.
Third Violation: Increases the fine from $5,000 to $7,500 and maintains the same revocation of driving
privilege for ten years. (Section 2)
The bill has an effective date of July 1, 2025. (Section 4)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate positive fiscal impact on state revenues due to the increase of fines for persons
committing the traffic violations as outlined in the bill. However, the Department of Highway Safety and Motor
Vehicles (DHSMV) has indicated that there will be programming costs relating to updating its systems and
procedures to reflect the new reckless driving citations. Additionally, the DHSMV has provided that it will incur
costs to train the Florida Highway Patrol on the impoundment of a motor vehicle and enforcement of the specified
violations.
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LOCAL GOVERNMENT:
The bill may have an indeterminate positive impact on local governments if such entities benefit from the
increased fines as outlined in the bill.
PRIVATE SECTOR:
The bill may have an indeterminate positive fiscal impact on private towing companies to the extent that such
companies’ services are used by law enforcement for vehicle impoundment.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Reckless Driving
Current law provides that any person who drives a vehicle in willful or wanton disregard for the safety of persons
or property is guilty of reckless driving. Current law also provides that fleeing a law enforcement officer in a motor
vehicle is an action that constitutes as reckless driving, regardless of whether it is in willful or wanton disregard for
the safety of persons or property.
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Any driver convicted of reckless driving may be punished as follows:
First Conviction: Imprisonment for a period of up to 90 days, fine ranging from a minimum $25 to a
maximum of $500, or by both.
Second or subsequent conviction: Imprisonment for a period up to six months, fine ranging from a
minimum of $50 to a maximum of $1,000, or both.
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Mandatory Hearing
Current law requires certain persons who commit certain traffic infractions to appear before a designated official
at the time and location of a scheduled hearing.
4 For example, a person must appear before a designated official for
a mandatory hearing if he or she exceeds the speed limit by 30 miles per hour (mph) or more.
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Department of Highway Safety and Motor Vehicles, Agency Analysis of 2025 House Bill 351, p. 4-5 (Mar. 15, 2025).
2
S. 316.192(1), F.S.
3
S. 316.192(2), F.S.
4
S. 318.19, F.S.
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S. 318.19(5), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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Moving Violations Related to Exceeding the Speed Limit and Certain Motorcycle Laws
Current law provides that the following that the following actions must be cited as moving violations:
A driver of a motor vehicle who exceeds the speed limit in excess of 50 mph.
A driver of a motorcycle or moped who fails to have both wheels on the ground at all times, facing forward,
and with one leg on each side of the motorcycle.
A driver of a motorcycle or moped who fails to have a license plate permanently affixed to a motorcycle or
moped and clearly visible from the rear at all times.
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The following penalties apply to such violations:
First Violation: A fine of $1,000.
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Second Violation: A fine of $2,500 and the revocation of driving privilege for one year.
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Third Violation: A fine of $5,000 and the revocation of driving privilege for ten years.
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The fines above, if for violations relating to exceeding the speed limit by 30 mph or above, are in lieu of the $250
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fine charged for moving violations for unlawful speed.
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Government Operations
Subcommittee
Toliver Walker
Criminal Justice Subcommittee
State Affairs Committee
6
S. 316.1926, F.S.
7
S. 318.14(13)(a), F.S.
8
S. 318.14(13)(b), F.S.
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S. 318.14(13)(c), F.S.
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S. 318.18(3)(b), F.S.