Car Insurance for High-Risk Drivers in Florida

Florida traffic laws

Florida traffic laws are in place to protect pedestrians and motorists from injury or death associated with speeding, reckless and distracted driving, driving while using wireless communications devices, and racing. Laws are also in place to assign blame and responsibility in the event of an accident, and to ensure drivers are properly insured before driving on Florida roadways.

Speeding in Florida

What counts as speeding In Florida?

You are speeding in Florida when driving at a speed that is “greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.”

In other words, even if you’re driving under the speed limit, certain conditions may warrant a slower speed. Exceeding that speed may result in a citation.

You are speeding in Florida if you drive faster than:

• 30 miles per hour in business or residential districts
• 55 miles per hour in all other locations
• 70 miles per hour on limited-access highways
• 65 miles per hour on highways outside of an urban area of 5,000 or more people and which has at least four lanes and is divided by a median
• 60 miles per hour on other roadways under the authority of the Department of Transportation

Some municipalities may reduce the maximum speed limit for local residential streets and highways to 20 to 25 miles per hour.

The minimum speed limits in Florida are:

• 40 miles per hour on interstate highways with four or more lanes
• 50 miles per hour on interstate highways with four or more lanes where the posted speed limit is 70 miles per hour

Drivers in Florida must reduce to a more appropriate speed when approaching:

• Crossings, intersections, and railway crossings
• Curves
• Hill crests
• Narrow or winding roads
• Traffic or special hazards

Penalties for speeding in Florida

Speeding in Florida is a moving violation and subjects offenders to penalties such as:

• A warning for driving one to five miles per hour over the limit
• $25 in fines for driving six to nine miles per hour over the limit
• $100 in fines for driving 10 to 14 miles per hour over the limit
• $150 in fines for driving 15 to 19 miles per hour over the limit
• $175 in fines for driving 20 to 29 miles per hour over the limit
• $250 in fines for driving 30 or more miles per hour over the limit

Exceeding the speed limit in a school zone by up to five miles per hour results in a $50 fine. Driving in a school zone at a higher rate of speed or speeding in a construction zone will double the corresponding fine from above.

A second or subsequent conviction for driving 30 or more miles per hour in Florida within a year of a previous conviction will pay a fine double that than of a first offense.

All speeding offenses in Florida also result in the accumulation of points against a driver’s license.

Reckless driving in Florida

What is reckless driving in Florida?

Reckless driving in Florida is considered driving in “willful and wanton disregard for the safety of persons and property.” You are also guilty of reckless driving in Florida if you flee a law enforcement officer while in a vehicle.

Drivers are guilty of aggressive careless driving in Florida when committing at least two of the following actions simultaneously or in succession:

• Exceeding the posted speed limit
• Unsafely or improperly changing lanes
• Following another vehicle too closely
• Failing to yield the right-of-way
• Improperly passing
• Violating traffic control and signal devices

Careless driving in Florida is defined as failing to drive in a careful and prudent manner, without regard for “the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person.”

Penalties for reckless driving in Florida

A driver’s first conviction for reckless driving in Florida results in:

• Up to 90 days in jail
• $25 to $500 in fines
• Four points on driver’s license

A second or subsequent conviction for reckless driving in Florida leads to:

• Up to six months in jail
• $50 to $1,000 in fines
• Four points on driver’s license

In addition, reckless driving leading to damage to property or injury of a person is guilty of a misdemeanor of the first degree and faces:

• Up to one year in jail
• Up to $1,000 in fines
• Four points on driver’s license

If an act of reckless driving leads to serious bodily injury, the offender is guilty of a felony of the third degree and is subject to:

• Up to five years in prison
• Up to $5,000 in fines
• Four points on driver’s license

Penalties are enhanced for repeat felony offenders or habitual offenders.

Aggressive careless driving in Florida leads to fines of $100 for the first offense and between $250 to $500 for a second offense. Committing a second offense will also require the violator to make a mandatory court appearance. Offenders will also receive points on their license.

The penalty for careless driving in Florida results in:

• $160 to $500 in fines
• Four points on driver’s license

Distracted driving in Florida

What is distracted driving in Florida?

Distracted driving in Florida constitutes driving while your attention is on something other than the road. Though distracted driving is often considered texting or using a phone while driving, it also includes activities such as eating, grooming, reading, or talking to passengers in a way that impairs your visual, manual, or cognitive functions.

Usage of wireless devices, like cell phones, is not prohibited in Florida for communication and navigation purposes.

Florida does not permit drivers to manually type or enter multiple characters into a device or to send or receive messages, such as texts and emails.

Penalties for distracted driving in Florida

Distracted driving in Florida is a noncriminal traffic infraction. 

Distracted driving offenders in Florida receive a nonmoving violation and a fine of at least $30, plus additional surcharges, fines, and court costs.

Subsequent distracted driving charges within a five-year period result in a moving violation and:

• A citation
• Additional penalty fees
• Up to 120 hours of community service if contributing to the death of someone
• Required driver improvement school attendance

If a driver is involved in death or injury to another, his or her phone records may be requested from a phone provider to determine if distracted driving led to the accident.

Florida's texting and driving laws — 2019 update

Florida announced in 2019 comprehensive updates to its cellphone driving laws, making the use of a handheld device while driving a primary offense. Florida drivers are not allowed to hold a wireless device in their hands while driving through a school zone or an active construction zone (while workers are present).

Beginning January 1, 2020, the following penalties apply to Florida drivers in violation of this law:

• First offense: $30 fine
• Second and subsequent offenses: 3 points, $60 fine

Racing in Florida

What is racing in Florida?

Racing in Florida constitutes the use of one or more vehicles in a competition that arises from a challenge to demonstrate the superiority of a vehicle or driver and the acceptance of that challenge, either pre-planned or in an immediate response.

Racing in Florida involves an attempt by a competitor to:

• Outgain or outdistance another vehicle
• Prevent another vehicle from passing
• Arrive at a destination ahead of another vehicle or vehicles
• Test the physical stamina or endurance of drivers over a long-distance route

Drag racing in Florida is defined as the operation of two or more vehicles “from a point side by side at accelerating speeds in a competitive attempt to outdistance each other.”

In addition, drag racing may also involve “the operation of one or more motor vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such motor vehicle or motor vehicles within a certain distance or time limit.”

It is also illegal to organize, spectate, block traffic, or ride as a passenger in any form of driving race in Florida.

Penalties for racing in Florida

A first-time racing offense in Florida is a first-degree misdemeanor and results in:

• Up to one year in jail
• $500 to $1,000 in fines
• License revocation for one year
• Possible vehicle impound

A second violation for racing in Florida within five years of a previous conviction is a first-degree misdemeanor and leads to:

• Up to one year in jail
• $1,000 to $3,000 in fines
• License revocation for two years
• Possible impound of vehicle
• Possible vehicle seizure and forfeiture

A third or subsequent violation for racing in Florida within five years of a previous conviction is a first-degree misdemeanor and results in:

• Up to one year in jail
• $2,000 to $5,000 in fines
• License revocation for four years
• Possible vehicle impoundment
• Possible vehicle seizure and forfeiture

Spectating a race or drag race is a noncriminal traffic infraction and is punished as a nonmoving violation, resulting in fines and fees.

At-fault accidents in Florida

What is an at-fault accident in Florida?

Florida is a no-fault state when it comes to vehicle accidents — at least to an extent.

Drivers in Florida must maintain:

• $10,000 of personal injury protection (PIP) coverage
• $10,000 of property damage liability coverage

There is no requirement for drivers in Florida to maintain bodily damage liability insurance.

PIP insurance will cover you and your passengers if you’re involved in an accident, up to your defined policy limits. Property damage liability will cover the cost of any damage caused to another vehicle by you, but will not cover damage done to your vehicle.

If you are involved in an accident in Florida that causes permanent injury to another driver, they may be able to sue you for compensation, particularly if the accident caused:

• Significant and permanent loss of an important bodily function
• Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
• Significant and permanent scarring or disfigurement
• Death

Drivers may also file a claim for compensation for any injuries that exceed the cost of their PIP policy.

Following an accident in Florida, drivers must:

• Stop and determine if anyone is injured
• Request help for anyone injured
• Report the accident to the local law enforcement agency or the Florida Highway Patrol if the accident lead to injury or damage exceeding $500

Penalties for at-fault accidents in Florida

After an accident, involved parties must present proof of insurance to the responding authorities. Failure to provide proof of insurance is a noncriminal traffic infraction and punished as a nonmoving violation. If proof of insurance is provided within 24 hours of the crash, a citation for failure to provide proof of insurance may be voided.

Failing to maintain active PIP and property damage liability insurance on your vehicle will result in a nonmoving traffic infraction and license suspension. The reinstatement fee after purchasing insurance is:

• $150 for the first offense
• $250 for a second offense
• $500 for subsequent offenses

Knowingly providing a law enforcement officer with expired insurance information is a first-degree misdemeanor and will result in fines and possible jail time.

Failing to report an accident in Florida is a noncriminal traffic infraction, punishable as a nonmoving violation.

Learn more about Florida's auto insurance laws.

Sources and references:

• http://www.leg.state.fl.us/Statutes/index.cfm
• https://www.drivinglaws.org/resources/florida-reckless-driving-laws.htm
• http://floridadefenders.com/florida-traffic-tickets/careless-driving
• https://www.dmvflorida.org/traffic-ticket/traffic-violation-points
• http://www.leg.state.fl.us/statutes/index.cfm
• https://www.dmv.com/fl/florida/distracted-driving-laws
• https://www.theadvocateforyou.com/legal-blog/2014/april/what-are-the-penalties-for-street-highway-racing/
• https://statelaws.findlaw.com/florida-law/florida-auto-accident-handbook.html
• https://www.enjuris.com/florida/personal-injury-guide/determining-fault.html
• https://www.thebalance.com/florida-no-fault-car-insurance-laws-527447
• https://www.dmv.org/fl-florida/car-insurance.php