Criminal speeding under either statutory speed-and-conduct track.
Florida Statute
§ 316.1922
Dangerous excessive speeding
Verified against the 2026 Florida Statutes: September 16, 2026
Conditional authority—not a blanket exception for every charge on this page. PC means probable cause. Establish probable cause and the applicable facts; open the entry for complete requirements. Arrest authority alone does not authorize entry into a home.
Choose either complete track. 50+ over — §316.1922(1)(a): operate a motor vehicle at least 50 mph above the applicable speed limit; no additional threat/interference element is required. OR 100+ with threat/interference — §316.1922(1)(b): operate at least 100 mph AND either threaten the safety of other persons/property or interfere with vehicle operation. Document reliable speed evidence, the lawful limit, and specific threat/interference facts for the second track. Prior convictions affect punishment and qualifying repeat violations affect revocation.
Summary verified against the 2026 Florida Statutes: October 25, 2026.
Establish motor-vehicle operation AND either complete track below.
TRACK A
Offense / booking statute
§ 316.1922(1)(a)
50 mph or more ABOVE the applicable speed limit. No additional threat/interference element applies to this track. The speed need not reach 100 mph. Example: 85 mph in a 35-mph zone reaches this speed threshold.
OR · TRACK B
Offense / booking statute
§ 316.1922(1)(b)
100 mph or more, AND operation that EITHER threatens the safety of other persons or property OR interferes with the operation of any vehicle. Speed alone does not establish this track. Example: 105 mph in a 70-mph zone requires the threat/interference facts because it is less than 50 mph over.
Document: reliable speed evidence, the applicable limit, and motor-vehicle operation. For Track B, also describe the specific threat to persons/property OR interference with vehicle operation. Neither the statute nor instruction provides a fixed checklist of qualifying conduct.
Use the chosen track’s (1)(a) or (1)(b) booking entry, then select first or second/subsequent conviction in your agency’s approved charge table.
Penalty authority: F.S. 316.1922(2)(a)
Up to 30 days in jail OR $500 fine OR both.
Penalty authority: F.S. 316.1922(2)(b)
Up to 90 days OR $1,000 OR both. New violation within five years after a prior conviction also requires 180 days to one year of driving-privilege revocation.
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
AND — all applicable requirements
The defendant operated a motor vehicle.
Plain language: Establish operation and the qualifying motor vehicle.
AND — all applicable requirements
The defendant operated it EITHER 50 mph or more above the applicable speed limit, OR at 100 mph or more AND in a manner that threatened another person's or property's safety OR interfered with any vehicle's operation.
Plain language: One complete speed track suffices. The 100-mph track also requires threatening or interfering conduct.
Additional penalty-specific facts
For repeat penalties, establish a prior conviction under this section. For mandatory revocation, ALSO establish that the new violation occurred within five years after the date of a prior conviction.
Instruction 28.5(b)
Adopted September 5, 2025; verified in the current October 9, 2026 complete set. Select 50+ mph over the limit OR 100+ mph AND threatening/interfering operation. The additional threat/interference requirement belongs only to the 100-mph alternative. The instruction provides no fixed checklist of qualifying conduct. Consult its comments on repeat-penalty findings.
View Official InstructionVerified against the official instruction source: October 25, 2026
Use the current 316.003 definition and exclusions, as directed by Instruction 28.5(b); not every vehicle or mobility device qualifies.
50+ over: motor-vehicle operation at least 50 mph above the applicable limit; no additional threat/interference element. OR 100+ with threat/interference: motor-vehicle operation at least 100 mph AND either threatening safety or interfering with vehicle operation. Document measured speed, the applicable limit, identification, measurement method, and supporting records. For the 100-mph track, describe the specific threat or interference.
This criminal traffic offense has its own sentencing limits; section 316.1922 does not expressly assign a misdemeanor degree. The matrix displays the special penalties instead of assuming generic degree-based limits.
Verified against the linked 2026 statute on September 16, 2026. Chapter 2025-77 created this offense; it is an expressly requested addition, not a claimed five-year arrest-frequency leader.
Degree labels follow the official court charge schedule. §316.1922 does not expressly name degrees; its specific sentencing limits above apply.
Verified against the 2026 Florida Statutes and current instruction: October 25, 2026.
Plain language: These affect punishment; consult instruction comments and current authority on proof of prior convictions.