Everything You Need To Know About The Florida Loud Music Law (2024)

There’s something about playing music very loudly that makes you, the listener, appreciate it more. You can clearly hear the instruments, feel the bass thrum, and note the effort put into it by its creators.

Unfortunately, not everyone likes to hear loud music. Some consider it as noise. And for that, a law has been passed –  The Florida Loud Music Law.

According to the Florida Legislature, this law makes it illegal to play any audio loudly so that it can be heard from at least twenty-five feet away. Some people find this too harsh because it curtails their music-listening experience.

Other people laud the new law because it prevents others from making noise that distracts others from studying, worshipping, or sleeping.

So if you reside in Florida, before you get that new, expensive radio system, make sure that you read this guide on what the Florida Loud Music Law is about.

It details what its stipulations are and what consequences you may face if you continue playing your music louder than what is legally allowed. 

What is The New Loud Music Law?

As written on WFTV.com, the new Loud Music Law has been passed in Florida to compel drivers to turn their music down. It aims to keep the streets quieter starting last July 1, 2022. The state law was passed by Governor Ron DeSantis. Under this, any driver caught playing their music too loudly will be fined, and in extreme cases, get their vehicles impounded or be charged with a misdemeanor. 

The law is officially known as Florida Statute Section 316.3045, the “Operation of radios or other mechanical or electronic sound-making devices or instruments in vehicles.” It is a statute that applies to any individual occupying or operating a vehicle on a highway or street.

The law declares that it is now illegal to play any sound or music on any sound-making device, be it radio, CD player, or MP3 player, to a volume level where the sound can be heard at a distance of 25 feet or more. 

It further stipulates that a non-criminal traffic infraction is committed if the sound is “louder than necessary” to be heard conveniently by the people occupying the vehicle around areas with hospitals, schools, or churches.  

Because of the phrase “any individual occupying a vehicle,” the law is not just applicable to the owner or driver of the vehicle. If the person in the backseat plays loud music, he can also be given a ticket.

Why is It Difficult to Follow and Enforce this New Law?

The law was originally deemed unconstitutional ten years ago. And with its signing now, it is seeing some pushback. The first part of the law mentions that a person will be in violation of the law if the music is “plainly audible” within 25 feet. 

Your distance from another individual varies as you drive around. It can be difficult to keep track of who can and cannot hear your music at any given time. Will police officers be carrying measuring tapes to enforce this law?

According to a piece written by Don Pumphrey Jr. of Pumphrey Law Criminal Defense, some citizens are complaining about this as is highly subjective to the officer enforcing the law.

If the officers were equipped with a decibel measuring device then deciding whether a violation may or may not have taken place will be more objective. 

There is also the definition of “plainly audible”. According to the Florida DMV, this term means if the officer can detect a rhythmic bass. There is no need to be able to identify any particular phrase or word in the song.

So, if the officer can detect any reverberating type sound, then the person playing the music is in violation of the law.

What are the Consequences of Violating the Law?

As mentioned, this is a non-criminal traffic violation. The individual found violating the loud music law will be fined up to $114, stated Pumphrey. You can be given multiple tickets for the same violation if you continue to play your sound or music above the acceptable volume.

Furthermore, if the individual is caught blasting loud music in an area where there is a hospital, school, or church, then they can be charged with disorderly conduct or disturbing the peace misdemeanor.   

“Breach of peace” or disorderly conduct is a second-degree misdemeanor. This type of violation in Florida carries a punishment of a fine of up to five hundred dollars or jail time of up to 60 days.

Even stiffer punishment can be doled out if the loud music law violation takes place in one of the unsanctioned “pop-up” parties that have become popular in Florida.

If you are caught blasting music at a pop-up party with at least 50 people in attendance, your vehicle may be impounded for up to 3 days and you can be charged double the fine. 

What Should You Do if You are Accused of Violating this Law?

If you are stopped by an officer and issued a ticket for violating the Loud Music Law, it is important to stay calm. Do not agree to any attempt for the officer to search your vehicle. Get all the necessary information and accept the ticket.

If you believe that you did not violate any statute, contact a Florida criminal defense attorney immediately.

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