Florida’s Dangerous Excessive Speeding Law
Florida’s dangerous excessive speeding statute, commonly known as the “Super Speeder” law, took effect on July 1, 2025. The law makes driving 50 mph or more above the speed limit a criminal traffic offense. It also applies to driving 100 mph or more when the manner of driving threatens people or property or interferes with the operation of any vehicle.
A conviction can result in jail, statutory fines, court costs, and license consequences. The charge may also overlap with Florida’s existing speeding and reckless-driving laws.
If you have been cited or arrested for dangerous excessive speeding, speak with an experienced Florida criminal defense attorney before entering a plea or resolving any related citation.
Florida’s Dangerous Excessive Speeding "Super Speeder" Law: Criminal Penalties, License Risks, and Defenses
Florida’s “Super Speeder” law significantly increased the potential consequences of excessive speeding. Effective July 1, 2025, operating a motor vehicle 50 mph or more above the applicable speed limit constitutes dangerous excessive speeding, a criminal traffic offense, even for a first violation. The statute also applies when a motorist drives 100 mph or more in a manner that threatens the safety of other persons or property or interferes with the operation of any vehicle.
Importantly, driving 100 mph does not, by itself, establish a violation under that provision of the statute. The alleged speed, applicable speed limit, and surrounding manner of driving determine whether the statutory elements are satisfied.
The new offense operates alongside Florida’s existing speeding and reckless-driving laws. Depending on the allegations and charging decisions, a driver may face an ordinary speeding citation, the older special penalty scheme under sections 316.1926 and 318.14(13), a dangerous excessive speeding charge, reckless driving, or multiple charges arising from the same incident. Because these provisions contain different elements and penalties, their potential interaction must be evaluated based on the specific statutes charged and the disposition of each count.
This article examines the statute’s requirements, its relationship to other Florida traffic laws, the potential penalties and license consequences, and the practical considerations drivers should understand after an extreme-speed stop.
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Key Takeaways
- “Super Speeder” is an informal nickname. The statute names the offense Dangerous Excessive Speeding.
- Driving exactly 50 mph over the applicable speed limit satisfies one provisions of the statute. That provision does not separately require proof of dangerous maneuvering, a threat to safety, or interference with another vehicle.
Driving 100 mph or more satisfies the speed requirement of the second provision, but the state must also prove that the vehicle was operated in a manner that threatened people or property or interfered with the operation of any vehicle. - A first conviction is punishable by up to 30 days in jail, a $500 fine, or both.
- A second or subsequent conviction is punishable by up to 90 days in jail, a $1,000 fine, or both. If the later violation occurs within five years after a prior conviction under the statute, the driver’s license must be revoked for at least 180 days and no more than one year.
- The new criminal offense did not repeal Florida’s existing extreme-speed moving-violation provisions, which impose separate penalties and can become a third-degree felony upon a third violation. The specific statutes cited and charging documents must be reviewed carefully.
- Dangerous excessive speeding and reckless driving are separate offenses with different elements. Excessive speed may be relevant to a reckless-driving charge, but whether it is sufficient depends on the surrounding facts.
The controlling text is section 316.1922, Florida Statutes. The Legislature enacted it through Chapter 2025-77, Laws of Florida.
What Florida’s new law changed
Before July 1, 2025, Florida already treated driving 50 mph or more over the limit as an unusually serious moving violation. Section 316.1926(2) directed officers to cite that conduct under Chapter 318, and section 318.14(13) imposed a special fine and escalating license consequences. Reckless driving was also available when the facts showed a willful or wanton disregard for safety under section 316.192.
The 2025 legislation added a separate criminal offense in section 316.1922. The official bill history for CS/CS/CS/HB 351 records approval on May 22, 2025, and an effective date of July 1, 2025. The Legislature’s final House analysis describes dangerous excessive speeding as a criminal offense and summarizes its potential jail, fine, and license consequences.
The two ways the state may allege dangerous excessive speeding
Section 316.1922(1) defines two forms of conduct that constitute dangerous excessive speeding:
Driving 50 mph or more over the speed limit
A person commits dangerous excessive speeding by operating a motor vehicle at least 50 mph faster than the applicable limit. This provision turns on the difference between the alleged speed and the applicable speed limit.
Exactly 50 mph over qualifies. For example, an alleged 80 mph in a 30 mph zone fits this provision. The text does not add a separate requirement that the state prove weaving, heavy traffic, a near collision, bad weather, or any other unsafe circumstance.
That does not mean the surrounding facts are irrelevant. They can affect charging decisions, sentencing, related offenses, and the credibility or accuracy of the speed evidence. They are simply not an additional written element of subsection (1)(a).
Driving 100 mph or more under dangerous circumstances
A person also commits the offense by operating 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.” Under this provision, speed alone is not the complete statutory test.
The state must prove both:
- The vehicle was traveling at 100 mph or more; and
- The manner of driving threatened the safety of other people or property, or interfered with the operation of any vehicle.
The difference is crucial on roads where 100 mph is less than 50 mph over the limit. On a 70 mph highway, for example, 100 mph is 30 mph over. That does not meet the 50-over provision. The prosecution would need to rely on the 100-mph provision and establish the additional threat or interference component.
Examples of how the thresholds work
Alleged speed and limit | Difference | Does section 316.1922 apply on speed alone? | What else would matter? |
80 mph in a 30 mph zone | 50 mph over | Yes, under subsection (1)(a) | No separate threat or interference element is written into that provision |
99 mph in a 45 mph zone | 54 mph over | Yes, under subsection (1)(a) | The fact that the speed was below 100 does not prevent the 50-over provision from applying |
100 mph in a 70 mph zone | 30 mph over | No | Subsection (1)(b) requires proof of a threat to people or property, or interference with the operation of any vehicle |
110 mph in a 70 mph zone | 40 mph over | No | The same additional subsection (1)(b) proof is required |
120 mph in a 70 mph zone | 50 mph over | Yes, under subsection (1)(a) | The facts might also implicate subsection (1)(b), but subsection (1)(a) does not require its additional conduct element |
These examples apply the statutory text to assumed facts. They are illustrations, not predictions about how a particular case will be charged or resolved.
Why the 100-mph qualification appears deliberate
The enacted statute controls, but the legislative record documents how the 100-mph provision changed during consideration. An earlier version would have treated specified extreme speeds as reckless driving without requiring separate proof of dangerous circumstances. The House Criminal Justice Subcommittee analysis describes the transition to a separate offense and discusses Florida precedent addressing whether excessive speed alone can establish reckless driving.
Lawmakers later added the requirement that driving at 100 mph or more must threaten people or property or interfere with the operation of any vehicle. The House State Affairs Committee analysis identifies this amendment and the reduction of the proposed jail terms.
The threat-or-interference language is an express element of the 100-mph provision. Whether the evidence satisfies that element depends on the facts of the case and judicial interpretation of the statute.
Is dangerous excessive speeding a criminal offense in FL?
Yes. The Legislature’s final analysis identifies dangerous excessive speeding as a criminal offense, and section 316.1922 authorizes incarceration.
The statute does not expressly classify the offense as a first-degree or second-degree misdemeanor. Section 775.08, Florida Statutes, generally defines a misdemeanor as a criminal offense punishable by confinement in a county correctional facility for no more than one year.
However, section 316.1922 does not use the word “misdemeanor,” designate a degree, or incorporate the standard misdemeanor penalty ranges. Section 775.081, Florida Statutes, applies the default second-degree classification to a crime declared by statute to be a misdemeanor without a specified degree. The more precise description is a criminal traffic offense with offense-specific penalties.
Dangerous excessive speeding is not a civil traffic infraction. A conviction may include incarceration, and the state must prove the charge beyond a reasonable doubt. The Florida Supreme Court maintains the current Florida Standard Jury Instructions in Criminal Cases, including the instructions addressing the presumption of innocence, reasonable doubt, and the state’s burden of proof.
Penalties under section 316.1922
The penalties depend on whether the person has a prior conviction under the same section.
Conviction history under section 316.1922 | Jail exposure | Fine | License consequence stated in section 316.1922 |
First conviction | Up to 30 days | $500 | No automatic revocation is stated in this section for a first conviction |
Second or later conviction | Up to 90 days | $1,000 | If the new violation occurred within five years after the prior section 316.1922 conviction, revocation for at least 180 days and no more than one year |
The statute permits jail, the stated fine, or both. For a repeat offense, the increased jail and fine language applies to a second or subsequent conviction. The five-year language appears in the separate license-revocation sentence. On the face of the statute, that means the five-year window limits the mandatory repeat-offender revocation, not the availability of the second-or-subsequent fine and jail range.
That is a plain-text reading, not a reported appellate interpretation. Anyone with a prior dangerous excessive speeding case should have counsel review the dates, disposition, and record rather than relying on a shorthand description.
A proposed 2026 speed-limiter mandate did not become law
A filed 2026 proposal would have required certain drivers convicted of dangerous excessive speeding to use an intelligent speed assistance device. It did not take effect. The official history for 2026 House Bill 557 shows that the bill was withdrawn before introduction on January 3, 2026. As of the date of this article, section 316.1922 contains no intelligent speed assistance device requirement.
Court appearance and citation requirements
A dangerous excessive speeding citation should not be handled like a routine civil ticket that can necessarily be closed by paying an amount online.
Under section 318.14(2), a person cited for a criminal traffic offense under Chapter 316 must sign and accept the citation as a promise to appear. The officer may place the hearing information on the citation. The exact date, location, and appearance requirements should be confirmed from the citation and court notice.
Related civil speeding allegations may independently require a hearing. Section 318.19 requires a hearing for speeding 30 mph or more over the limit and for any infraction under section 316.1926(2), the older 50-plus-over provision. A person facing one of those mandatory-hearing infractions may not use the usual payment or traffic-school election procedures listed in sections 318.14(2), (4), and (9).
In Palm Beach County, the Clerk of the Circuit Court and Comptroller provides an official traffic-ticket information page and an online citation and court-date lookup. Those tools can help confirm docket information, but they do not replace the instructions on a criminal summons, citation, or court order.
Do not assume that hiring a lawyer automatically excuses a personal appearance. Whether counsel may waive or cover an appearance depends on the charge, court, procedural posture, and the judge’s directions. Confirm that issue with counsel and the clerk before the scheduled date.
How the new charge interacts with an ordinary speeding citation
Florida’s basic speed rules appear in sections 316.183, 316.187, and 316.189. A violation is ordinarily handled as a noncriminal moving infraction, subject to the special rules for higher speeds.
Section 318.18(3)(b) lists statewide base penalties by miles over the limit: a warning for 1 to 5 mph over in qualifying circumstances, $25 for 6 to 9 mph over, $100 for 10 to 14, $150 for 15 to 19, $175 for 20 to 29, and $250 for 30 mph or more over. Court costs, statutory assessments, and local amounts can make the amount due different from the base figure. For 30 mph or more over, the mandatory-hearing rule also means the driver cannot simply rely on the table as an automatic case outcome.
The dangerous excessive speeding charge is separate. A stop can generate allegations under the ordinary speed-limit statute and section 316.1922 when the facts fit both. The exact citation numbers and counts matter because a criminal charge, a civil infraction, and the older special 50-plus-over provision do not carry the same procedure or penalties.
Florida’s prior extreme-speed (over 50 mph) penalties remain in effect
The 2025 legislation did not repeal section 316.1926(2) or the corresponding penalties in section 318.14(13). The statutes clearly overlap when the alleged speed exceeds the limit by more than 50 mph.
At exactly 50 mph over the limit, section 316.1922 applies. The older statute uses the phrase “exceeds the speed limit in excess of 50 miles per hour or more,” creating ambiguity at that precise threshold. The specific statutes cited in the charging documents must be reviewed.
The prior penalty provides:
- A $1,000 fine for a first violation of section 316.1926.
- A $2,500 fine for a second violation, plus a mandatory one-year revocation of the person’s driving privilege.
- A third violation is a third-degree felony. Upon conviction, the court must impose a $5,000 fine and revoke the person’s driving privilege for 10 years. A third-degree felony is ordinarily punishable by up to five years in prison under section 775.082(3)(e).
For a first or second citation under section 316.1926(2), the special fine replaces the standard speeding fine in section 318.18(3)(b). A hearing is mandatory under section 318.19(6).
The two statutory provisions should not be combined into a single automatic penalty total:
Provision | Type | Trigger relevant here | First-offense consequence stated in that provision |
Section 316.1922 | Criminal traffic offense | 50 mph or more over, or 100 mph or more plus the required threat or interference | Up to 30 days in jail, $500, or both |
Sections 316.1926(2) and 318.14(13) | Special moving-violation framework, escalating to a felony on a third violation | 50 mph or more over under the listed speed statutes | $1,000 special fine and mandatory hearing |
Ordinary speed statute and section 318.18 | Generally noncriminal moving infraction | Exceeding the applicable speed limit | Base fine tied to miles over, subject to mandatory hearing and special provisions |
The overlap creates a significant practical question. The statutes do not say that every qualifying stop must produce every available citation, and section 316.1922 does not expressly say how its criminal penalties interact with section 318.14(13). Whether multiple counts may be charged, adjudicated, or punished cumulatively can raise statutory and constitutional issues that depend on the precise pleadings and disposition. It would be unsafe to add $500 and $1,000 and describe $1,500 as an automatic first-offense fine.
There is another textual wrinkle. Section 316.1922 clearly includes 50 mph over and higher speeds. Section 316.1926(2) uses the awkward phrase “in excess of 50 miles per hour or more.” Legislative analyses paraphrase the older provision as applying at 50 mph or more over, but a defense lawyer should still examine the exact alleged speed and statutory wording when the case sits at the boundary.
License points, suspensions, and revocations
Section 316.1922 itself does not order an automatic license revocation for a first conviction. That does not mean a first case is necessarily free of license consequences.
Florida’s point statute assigns:
- Three points for unlawful speed that is not more than 15 mph over the lawful or posted speed;
- Four points for unlawful speed more than 15 mph over;
- Six points for unlawful speed that results in a crash; and
- Four points for reckless driving.
The same statute authorizes point suspensions of up to 30 days for 12 points within 12 months, up to three months for 18 points within 18 months, and up to one year for 24 points within 36 months. See section 322.27(3), Florida Statutes. The Florida Department of Highway Safety and Motor Vehicles also summarizes the point system on its official Points and Point Suspensions page.
The point entry in a particular Super Speeder case can depend on which violations are charged, how they are reported, and how the case is resolved. A driver should not assume that every alleged count will produce a separate point assessment, or that resolving one count necessarily eliminates all license exposure.
Other provisions can also matter. Section 322.27 permits a court-directed suspension when the seriousness of the offense and the circumstances warrant it. Section 316.655 authorizes suspension or revocation for certain Chapter 316 violations that resulted in an accident, based on the totality of the circumstances, including death, injury, and property damage. The older 50-plus-over scheme has its own one-year and 10-year revocations for repeat violations. These are separate from the 180-day-to-one-year repeat revocation written into section 316.1922.
The practical answer to “Will I lose my license?” therefore depends on more than the new statute’s first-offense paragraph. Counsel should review the driver record, every charged statute, whether a crash occurred, and the proposed disposition.
Dangerous excessive speeding is not automatically reckless driving
Section 316.192 defines reckless driving as driving with a willful or wanton disregard for the safety of persons or property. A first offense can carry up to 90 days in jail and a fine of $25 to $500. A repeat offense can carry up to six months in jail and a fine of $50 to $1,000. Property damage, serious bodily injury, and other specified outcomes can increase the offense level and penalties.
Dangerous excessive speeding uses different elements:
- Under section 316.1922(1)(a), the state may rely on the numerical fact of 50 mph or more over the limit. The statute does not add the willful-or-wanton element used for reckless driving.
- Under section 316.1922(1)(b), the state must show 100 mph or more plus a threat to people or property or interference with the operation of any vehicle. That wording still is not identical to reckless driving’s willful-or-wanton standard.
The Legislature’s Criminal Justice Subcommittee analysis cites Harris v. State, 318 So. 3d 645, 649 (Fla. 2d DCA 2021), for the principle that excessive speed alone generally is insufficient to establish reckless driving and that the surrounding circumstances matter. The official analysis is also evidence that lawmakers considered the distinction when creating the standalone offense.
A driver may nevertheless be accused of both offenses when the state believes the facts satisfy both sets of elements. Examples might include high speed combined with abrupt lane changes, close passes, ignoring traffic controls, fleeing, a collision, or other conduct suggesting a conscious disregard for safety. Whether the evidence actually proves reckless driving is a case-specific question. The new law does not make reckless driving automatic at either numerical threshold.
What must the prosecution prove to establish excessive speeding?
The required proof depends on the provision charged, but the state must establish the identity of the driver, operation of a motor vehicle, and the statutory speed and conduct elements beyond a reasonable doubt.
For the 50-over provision, important questions can include:
- What speed limit legally applied at the location?
- What speed does the state claim, and how was it measured?
- Did the officer identify and continuously track the correct vehicle?
- Does the alleged speed actually meet the 50-mph difference?
For the 100-mph provision, the prosecution must also connect the speed to a threatening or interfering manner of operation. Relevant evidence may include traffic density, following distance, lane movements, proximity to other vehicles or pedestrians, road and weather conditions, reactions by other drivers, officer observations, video, and witness testimony.
The statute does not define the terms threatens, safety, or interferes. It also does not specify that a collision or near collision is required. Until appellate decisions provide more guidance, those words leave room for fact-intensive disputes. This is an observation about the text, not a conclusion that any particular set of facts is legally sufficient or insufficient.
Speed-measurement evidence and possible defenses
There is no universal defense to a dangerous excessive speeding charge. The viable issues depend on the evidence. Because the thresholds are numerical, however, the reliability and legal admissibility of the speed measurement can be central.
Section 316.1905 requires a device used to determine motor-vehicle speed to be approved by the Florida Department of Highway Safety and Motor Vehicles and tested for accuracy at least once every six months. A properly executed test certificate creates a statutory presumption of accuracy. On an oral or written motion, the defendant is entitled to have the device operator appear in court.
Section 316.1906 adds conditions for radar and laser speed evidence. Among other requirements, the officer must have completed the required training, must independently determine visually that the vehicle was speeding, and must use the device under conditions that permit a clear assignment of the reading to a single vehicle.
Depending on the case, a defense investigation may examine:
1. Whether the alleged speed crosses the statutory line
A small measurement dispute can change the charge. An alleged 119 mph in a 70 mph zone is 49 mph over, not 50. It would not satisfy subsection (1)(a), although subsection (1)(b) could still apply if the state proves the additional threat or interference element.
2. Device approval, testing, and operation
Counsel may seek the device make and model, test certificate, maintenance history, officer training records, setup information, and testimony about how the reading was obtained. A missing record does not automatically end a prosecution, and a certificate does not make a reading immune from challenge. The admissibility and weight of the evidence depend on the governing statute and the full record.
3. Target identification
On a multilane road or in dense traffic, the question may be whether the reading was clearly assigned to the defendant’s vehicle. Video, patrol-car position, sight lines, the officer’s visual estimate, and the presence of nearby vehicles can matter.
4. The applicable speed limit
The prosecution must use the correct legal limit for the place and time at issue. Sign location, construction zones, local limits, road classification, and the exact location described in the citation can become relevant.
5. The additional conduct required at 100 mph
When the state relies on subsection (1)(b) rather than the 50-over rule, proof that the vehicle reached 100 mph is only part of the case. Dash-camera video, body-camera video, traffic-camera footage, witness accounts, vehicle spacing, and road conditions may support or contradict an allegation that the driving threatened safety or interfered with the operation of any vehicle.
6. Driver identity, statements, and constitutional issues
The state must prove who operated the vehicle. Counsel may also assess the circumstances of the stop, any questioning or admissions, the basis for a search, and whether evidence was obtained in compliance with constitutional and procedural rules. A technical issue is not automatically a winning defense; it must be connected to a recognized legal remedy.
The statute does not contain an express intent requirement. A driver should not assume that saying “I did not mean to go that fast” defeats the charge. At the same time, intent and surrounding circumstances may matter to a related reckless-driving allegation, to the 100-mph branch’s conduct element, and at sentencing.
Enforcement issues and unanswered questions
New criminal statutes often present issues that are not fully resolved by their text. Several points deserve careful treatment.
The meaning of threatens and interferes
The Legislature did not define these terms in section 316.1922. The words should be given legal effect, but the boundary between very fast driving and driving that threatens or interferes will be developed through facts, charging practices, and court decisions.
The relationship between overlapping counts
The same alleged 50-over conduct can fall within section 316.1922(1)(a), section 316.1926(2), and an underlying speed-limit statute. The enacted text does not contain a special merger or cumulative-penalty rule. Lawyers may need to analyze legislative intent, lesser-included-offense principles, and double-jeopardy law based on the exact charges. No general article can determine whether multiple convictions or punishments are permissible in a specific case.
The older statute’s boundary wording
As noted above, section 316.1926(2) contains redundant wording around its 50-plus-over threshold. The new statute is clearer and expressly includes 50 mph over. A boundary case should be evaluated under the exact provision cited, not a generalized description of Florida’s Super Speeder rules.
Repeat-offender timing
The enhanced second-or-subsequent jail and fine provision in section 316.1922 contains no stated lookback period. The mandatory repeat revocation does: the later violation must occur within five years after the date of a prior conviction under the same section. The older section 318.14(13) penalty scheme contains different language and does not state the same five-year limitation.
A high-speed stop does not dictate one automatic charge
The statute defines an offense and its penalties. It does not require that every qualifying encounter result in an arrest, every potentially available count be filed, or every maximum penalty be imposed. The officer’s citation, prosecutor’s charging decision, evidence, plea discussions, and court rulings can all shape the case.
What to do after a Super Speeder citation or arrest
The first days after the stop can affect the evidence available later.
Read every document and identify every statute
Look for section 316.1922, section 316.1926, the underlying speed statute, reckless driving under section 316.192, racing under section 316.191, fleeing or attempting to elude, and any crash-related count. Do not rely only on the officer’s informal description of the charge.
Calendar the court date immediately
Missing a required appearance can create an additional problem. Confirm the docket through the appropriate clerk, keep contact information current, and follow written court instructions.
Preserve favorable evidence
Save original dash-camera files, GPS or navigation history, lawful telematics data, photographs of signs and sight lines, repair or tire records if genuinely relevant, and witness contact information. Preserve original metadata when possible. Do not alter files, manufacture a reconstruction, or ask anyone to change an account.
Avoid public explanations of the incident
Social-media posts, messages, videos, and comments can become evidence. A public attempt to minimize the event may include an admission about speed, driving, location, or traffic conditions.
Obtain and review the state’s evidence
Through the appropriate discovery and records process, counsel may seek the citation, charging document, officer narrative, body-camera and dash-camera footage, speed-device records, photographs, dispatch records, and witness material. The legal deadline and procedure can vary, so this should begin promptly.
Review the driver record before resolving the case
Prior convictions and points can change the license consequences. A proposed resolution should be evaluated for its effect on the current criminal case, the older 50-plus-over scheme, the Florida driving record, employment, insurance, and any commercial driver’s license.
When to speak with a Florida criminal or traffic defense attorney
Because section 316.1922 authorizes jail, anyone charged under it should strongly consider obtaining legal advice before entering a plea, paying any associated citation, making a statement, or choosing traffic school on a related count.
Legal counsel is especially important when:
The citation alleges 50 mph or more over the limit;
The charge relies on the 100-mph threat-or-interference branch;
Reckless driving, racing, fleeing, or a crash-related offense is also alleged;
Someone was injured or property was damaged;
The driver has a prior section 316.1922 or section 316.1926 matter;
The driver has a commercial license or depends on driving for work;
The measured speed, target vehicle, posted limit, or device records are disputed; or
The citation lists multiple statutes and the combined consequences are unclear.
A defense attorney can identify the actual counts, calculate the relevant speed differential, obtain discovery, test compliance with Florida’s speed-measurement laws, evaluate the evidence under the correct statutory branch, assess license exposure, and negotiate or litigate based on the case’s facts. No lawyer can guarantee a dismissal or a particular sentence, but early review can prevent a driver from treating a criminal case like an ordinary payable ticket.
Frequently asked questions about Florida’s Super Speeder law
When did Florida’s Super Speeder law take effect?
The law took effect on July 1, 2025. It was enacted as Chapter 2025-77 and codified at section 316.1922.
Is driving 100 mph automatically a crime under section 316.1922?
Not under the 100-mph branch by speed alone. Section 316.1922(1)(b) also requires proof that the vehicle was driven in a manner that threatened the safety of other people or property or interfered with the operation of any vehicle. However, 100 mph can independently fit subsection (1)(a) when it is at least 50 mph over the applicable limit.
Does exactly 50 mph over the speed limit qualify?
Yes under section 316.1922(1)(a). The text includes a speed exactly 50 mph above the applicable limit, as well as higher speeds.
Can a first offense lead to jail?
Yes. Section 316.1922(2)(a) permits up to 30 days in jail, a $500 fine, or both for a first conviction. The maximum is not a mandatory jail sentence. Sentencing depends on the disposition and the court.
What happens on a second Super Speeder conviction?
A second or subsequent conviction permits up to 90 days in jail, a $1,000 fine, or both. If the later violation occurred within five years after a prior conviction under section 316.1922, the statute also requires a license revocation of at least 180 days and no more than one year. Those rules appear in section 316.1922(2)(b).
Must I go to court?
A criminal traffic citation under Chapter 316 requires the recipient to sign and accept a promise to appear under section 318.14(2). An associated civil allegation of 30 mph or more over, or a section 316.1926(2) infraction, also carries a mandatory hearing under section 318.19. Follow the citation and court notice, and confirm whether personal attendance is required in your case.
Can I just pay the ticket or elect traffic school?
Do not assume so. The section 316.1922 count is criminal, not an ordinary payable civil infraction. Florida also bars the standard traffic-school election for speeding 30 mph or more over the limit under section 318.14(9). Related counts and any negotiated resolution must be reviewed separately.
Will a first conviction automatically suspend my license?
Section 316.1922 does not state an automatic first-conviction revocation. Points, an underlying speeding disposition, a crash, the seriousness of the circumstances, or a separate section 316.1926 charge can still create license exposure under section 322.27, section 316.655, and section 318.14(13).
How many points does a Super Speeder case carry?
Florida’s general point schedule assigns four points for unlawful speed more than 15 mph over the limit, six points for unlawful speed that results in a crash, and four points for reckless driving. The entries in a specific case depend on what is charged, the final disposition, and how the conviction is reported. Review the actual driver record rather than assuming that every count automatically produces a separate point total. See section 322.27(3).
Is Super Speeder the same as reckless driving?
No. Reckless driving requires willful or wanton disregard for safety. The 50-over branch of section 316.1922 does not contain that element, and the 100-mph branch uses different threat-or-interference language. The same incident may support both allegations if the facts satisfy both statutes, but one charge is not automatically the other.
Can I be cited under both the new law and the older 50-plus-over law?
Sections 316.1922 and 316.1926 overlap, and neither was repealed. The text does not require officers or prosecutors to file every available count, nor does it provide a simple rule for stacking the penalties. The charging documents and case law governing multiple convictions and punishments must be analyzed before anyone calculates the consequences.
What defenses may be available?
Possible issues include whether the state proved the correct vehicle and driver, the applicable speed limit, a qualifying speed, compliance with device approval and testing rules, radar or laser operator requirements, and clear assignment of the reading to one vehicle. A case under the 100-mph branch also requires proof of the threatening or interfering manner of driving. These are issues to investigate, not automatic defenses.
Does a clean driving record make the charge disappear?
No. A clean record may be relevant in negotiations or sentencing, but it does not negate the statutory elements. Prior history is particularly important because it can change the available penalty and license consequences.
Should I hire an attorney for a Super Speeder charge?
The possibility of jail, a criminal record, overlapping statutes, points, and license consequences makes legal advice prudent. An attorney can determine which branch is charged, preserve evidence, obtain device and video records, examine related counts, and advise before a plea or payment affects the case.
Speak with a West Palm Beach criminal defense attorney
An extreme-speed allegation is no longer necessarily a routine Florida traffic matter. The difference between 49 and 50 mph over the limit, the evidence surrounding a 100-mph allegation, and the combination of statutes on the citation can materially change the case.
Michelle Suskauer is a West Palm Beach criminal defense attorney and Past-President of The Florida Bar. If you are facing a dangerous excessive speeding, reckless driving, or related traffic charge in Palm Beach County, contact Michelle Suskauer to discuss the allegations, court requirements, and potential defenses.
Primary sources and further reading
Section 316.1922, Florida Statutes: Dangerous excessive speeding
2026 House Bill 557 history: withdrawn intelligent speed assistance proposal
Section 318.14, Florida Statutes: Noncriminal traffic infractions
Section 318.19, Florida Statutes: Infractions requiring a mandatory hearing
Section 322.27, Florida Statutes: License suspension and point system
Section 316.1905, Florida Statutes: Speed-measurement devices
Section 316.1906, Florida Statutes: Radar and laser speed evidence
This article provides general information and is not legal advice. The application of Florida law depends on the facts, charges, local procedure, and current law. Reading this article does not create an attorney-client relationship.