What is Fla. Stat. §316.1922?

Fla. Stat. §316.1922 is Florida's new criminal offense of dangerous excessive speeding, enacted by CS/CS/CS/HB 351 (Ch. 2025-77 Laws of Florida) effective July 1, 2025. It applies when a driver exceeds the posted speed limit by 50 mph or more, OR drives 100+ mph in a manner that threatens the safety of others. First conviction is a 2nd-degree misdemeanor (up to 30 days jail); second within 5 years is a 1st-degree misdemeanor (up to 90 days jail) with possible license revocation.

What's the difference between §316.1922 and §316.1926?

§316.1922 (new, 2025) is the CRIMINAL offense — misdemeanor charges, jail time, possible license revocation. §316.1926 (older, 2008) is a CIVIL routing statute that channels speeding 50+ mph over the limit into Chapter 318 with mandatory court appearance. Both can apply to the same conduct (50+ mph over), but they impose different consequences on different tracks. HB 351 added the criminal track without repealing the existing civil track.

Is §316.1922 the 'Super Speeder' law?

No. The 'Super Speeder' label is Florida media shorthand for the older §316.1926 civil routing rule, which has been around since 2008. §316.1922 is new (2025) and is the criminal counterpart. Both apply at the 50+ mph threshold but produce very different consequences. HB 351's official short title is the dangerous-excessive-speeding statute.

What are the elements of dangerous excessive speeding?

Under §316.1922, the state must prove BOTH (a) operation of a motor vehicle on a public road, AND (b) either speed of 50 mph or more above the posted limit OR speed of 100 mph or more in a manner that threatens the safety of others. The 'manner threatens safety' language gives prosecutors leverage but also gives defense attorneys an argument — high speed alone on a clear, empty road may not meet the 'threatens safety' requirement.

Can a §316.1922 first conviction lead to license revocation?

Not on a first conviction by itself. First conviction is a 2nd-degree misdemeanor with up to 30 days jail and no automatic license revocation. Second conviction within 5 years escalates to a 1st-degree misdemeanor with up to 90 days jail AND possible license revocation. The court has discretion at sentencing; revocation is more likely with aggravating facts (alcohol, accident, prior driving record).

Is there a withhold of adjudication option for §316.1922?

Withholds of adjudication are possible for first-degree and second-degree misdemeanors under Florida law, but the new statute is fresh enough that defense outcomes are still being established case-by-case. The administrative arrest track also remains live — refer to FLHSMV's post-arrest procedures. For now, defendants charged under §316.1922 should retain Florida-licensed criminal defense counsel; civil-traffic-only defense is not sufficient.

Florida criminal traffic statute · Effective July 1, 2025

§316.1922 — dangerous excessive speeding.

TL;DR

Fla. Stat. §316.1922 is Florida's new criminal offense of dangerous excessive speeding, enacted by CS/CS/CS/HB 351 (Ch. 2025-77) effective July 1, 2025. Triggers at 50+ mph over the limit OR 100+ mph operated dangerously. First conviction = 2nd-degree misdemeanor (up to 30 days jail). Second within 5 years = 1st-degree misdemeanor (up to 90 days jail) plus possible license revocation. Distinct from older civil §316.1926 routing rule. (2026)

The statute — elements and penalty tiers

The state must prove (a) operation of a motor vehicle on a public road, AND (b) either speed 50 mph or more above the posted limit, OR speed of 100 mph or more in a manner that threatens the safety of others.

Tier	Classification	Jail max	License
First conviction	2nd-degree misdemeanor	30 days	No automatic revocation
2nd within 5 years	1st-degree misdemeanor	90 days	Possible revocation

§316.1922 vs §316.1926 — two statutes, same speed

A common confusion: both §316.1922 (new criminal) and §316.1926 (older civil) apply at the 50+ mph threshold. They are SEPARATE statutes producing DIFFERENT consequences on DIFFERENT tracks. HB 351 did not repeal §316.1926.

§316.1922 (new, 2025)

· Criminal misdemeanor track
· Possible jail time + license revocation
· Mandatory court appearance
· State must prove elements beyond reasonable doubt

§316.1926 (2008, unchanged)

· Civil routing into Ch. 318
· Civil penalty + license points
· Mandatory court appearance
· Lower burden of proof (preponderance)

Educational reference, not legal advice.§316.1922 is brand-new (effective July 1, 2025) — case-law interpreting it is still developing. If you've been charged, retain Florida-licensed criminal defense counsel immediately — civil-traffic-only defense is not adequate.

Frequently asked questions

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Sources & citations

[1]Florida CS/CS/CS/HB 351 (2025), Ch. 2025-77 Laws of Florida — Dangerous Excessive Speeding; creates §316.1922; effective 2025-07-01. https://www.flsenate.gov/Session/Bill/2025/351 · accessed 2026-05-31 ↩
[2]Fla. Stat. §316.1922 — Dangerous excessive speeding (full statutory text). http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1922.html · accessed 2026-05-31 ↩
[3]Fla. Stat. §316.1926 — Higher speeding penalties (civil routing into Ch. 318; predates HB 351; not repealed). http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1926.html · accessed 2026-05-31 ↩
[4]Florida Standard Jury Instructions in Criminal Cases — Chapter 28 (DUI / traffic offenses index, includes §316.1922 once promulgated). https://www.floridabar.org/rules/florida-standard-jury-instructions/florida-standard-jury-instructions-in-criminal-cases/ · accessed 2026-05-31 ↩