STORAGE NAME: h0351d.SAC
DATE: 4/17/2025
1
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 #: CS/CS/CS/HB 351
TITLE: Dangerous Excessive Speeding
SPONSOR(S): Plasencia
COMPANION BILL: CS/SB 1782 (Pizzo)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Government Operations
15 Y, 1 N, As CS
Criminal Justice
13 Y, 4 N, As CS
State Affairs
22 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill creates a criminal offense for dangerous excessive speeding if a driver exceeds the speed limit by 50 miles
per hour (mph) or more or operates a motor vehicle at 100 mph or more in a manner that threatens the safety of
other persons or property or interferes with the operation of any vehicle. The bill also requires a mandatory
hearing for traffic infractions relating to speeding in excess of 50 mph.
Fiscal or Economic Impact:
The bill may have a positive indeterminate impact on jail beds by creating new criminal offenses related to
dangerous excessive speeding, and may have a positive indeterminate impact on local and state governments by
creating mandatory fines associated with such offenses.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill creates a criminal offense for “dangerous excessive speeding” if a person operates a motor vehicle:
Exceeding the speed limit by 50 miles per hour (mph) or more.
At 100 mph or more in a manner that threatens the safety of other persons or property or interferes with
the operation of the vehicle. (Section 1)
Under the bill, a person who commits dangerous excessive speeding is punished as follows:
Upon a first conviction, up to 30 days in jail, a fine of $500, or both.
Upon a second or subsequent conviction, up to 90 days in jail, a fine of $1,000, or both. A person convicted
of a second or subsequent violation of dangerous excessive speeding within five years after the date of a
prior conviction for such an offense must have his or her driving privilege revoked for at least 180 days but
no more than one year. (Section 1)
The bill provides that any driver who commits an infraction for exceeding the speed limit in excess of 50 mph must
appear before a designated official at a mandatory hearing. (Section 3)
The bill authorizes, rather than requires, an officer to indicate the applicable civil penalty on a traffic citation for
infractions related to exceeding the speed limit by 30 mph or more, or 50 mph or more. (Section 2)
The effective date of the bill is July 1, 2025. (Section 4)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have a positive indeterminate impact on state government by creating mandatory fines associated
with dangerous excessive speeding offenses. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
LOCAL GOVERNMENT:
The bill may have a positive indeterminate impact on jail beds by creating new criminal offenses related to
dangerous excessive speeding, and may have a positive indeterminate impact on local governments by creating
mandatory fines associated with such offenses.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Unlawful Speeding
A person is prohibited from driving a vehicle on a highway at a speed greater than is reasonable and prudent and
speed must be controlled as necessary to avoid colliding with any person, vehicle, or other conveyance or object on
or entering the highway.
1
Maximum Speed Limits
Florida law provides that, on all streets or highways, the maximum speed limits for all vehicles must be 30 miles
per hour (mph) in business or residence districts and 55 mph at any time at all other locations.
2 However, with
respect to a residence district, a county or municipality may set a maximum speed limit of 20 or 25 mph on local
streets and highways after an investigation determines that such a limit is reasonable.
3
Fines for Speeding
A person who drives at an unlawful speed generally commits a noncriminal traffic infraction, punishable as a
moving violation. Specifically, a person who exceeds the speed limit by:
1-5 mph will receive a warning.
6-9 mph will be fined $25.
10-14 mph will be fined $100.
15-19 mph will be fined $150.
20-29 mph will be fined $175.
30 mph or more will be fined $250.
4
Additionally, a person cited for a second or subsequent conviction of speed exceeding the limit by 30 mph or more
within a 12-month period must pay a fine that is double the amounts listed above.
5
A person who exceeds the speed limit in excess of 50 mph or more must be cited for a moving violation.
6
Mandatory Hearing
Current law requires persons who commit certain traffic infractions to appear before a designated official at the
time and location of a scheduled hearing.
7 For example, a person must appear before a designated official for a
mandatory hearing if he or she exceeds the speed limit by 30 mph or more.
8
Generally, any person cited for a violation requiring a mandatory hearing listed or any other criminal traffic
violation must sign and accept a citation indicating a promise to appear. The officer may indicate on the traffic
citation the time and location of the scheduled hearing and must indicate the applicable civil penalty established.
9
1
S. 316.183(1), F.S.
2
S. 316.183(2), F.S.
3
Id.
4
S. 318.18(3)(b), F.S.
5
S. 318.18(3)(h), F.S.
6
S. 316.1926(2), F.S.
7
S. 318.19, F.S.
8
S. 318.19(5), F.S.
9
S. 318.14(2), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
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.
10
Any driver convicted of reckless driving may be punished as follows:
Upon a first conviction, imprisonment for a period of up to 90 days, a fine ranging from a minimum $25 to a
maximum of $500, or both.
Upon a second or subsequent conviction, imprisonment for a period up to six months, a fine ranging from a
minimum of $50 to a maximum of $1,000, or both.
11
Florida courts have held that excessive speed, by itself, does not constitute reckless driving, which requires
“competent, substantial evidence that circumstances in addition to […] speeding showed that [a defendant] was
acting ‘with a conscious and intentional indifference to consequences and with knowledge that damage [was] likely
to be done to persons or property.’”
12
10
S. 316.192(1), F.S.
11
S. 316.192(2), F.S.
12
Harris v. State, 318 So. 3d 645, 649 (Fla. 2nd DCA 2021) (citations omitted). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Government Operations
Subcommittee
15 Y, 1 N, As CS 3/25/2025 Toliver Walker
THE CHANGES ADOPTED BY THE
COMMITTEE:
Revised reckless driving first-conviction penalties by providing that the
fine is a flat fee of $500 and removing the revocation of a person’s
driving privilege.
Removed a provision proving impoundment procedures for motor
vehicles used in certain reckless driving offenses.
Removed a provision increasing penalties for certain violations relating
to speeding in excess of 50 mph and certain motorcycle and moped
laws
Criminal Justice Subcommittee 13 Y, 4 N, As CS 4/1/2025 Hall Butcher
THE CHANGES ADOPTED BY THE
COMMITTEE:
Created a new offense related to dangerous excessive speeding to
prohibit operating a motor vehicle at specified speeds, rather than
classifying such prohibited conduct as reckless driving per se.
Reduced the fine for a second or subsequent offense from not less than
$5,000, to $1,000.
Changed the penalty for a second or subsequent offense so that a
person convicted of a violation within 5 years after the date of a prior
violation must have his or her driving privilege revoked for at least 180
days but no more than one year, rather than requiring the court to
revoke such a person’s driving privilege for one year regardless of the
date of the prior violation.
Authorized, rather than required, an officer to indicate the applicable
civil penalty for specified speeding infractions.
Required a person who commits a specified speeding infraction to
attend a mandatory hearing before a designated official.
State Affairs Committee 22 Y, 0 N, As CS 4/17/2025 Williamson Walker
THE CHANGES ADOPTED BY THE
COMMITTEE:
Provided that a person who operates a motor vehicle at 100 mph or
more commits dangerous excessive speeding if the person is also
operating at such speed in a manner that threatens the safety of other
persons or property or interferes with the operation of any vehicle.
Reduced the period of imprisonment for first, second, and subsequent
convictions of dangerous excessive speeding.
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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