31+ Over in Florida: Criminal Speeding & Insurance Impact

Florida law treats speeding 31+ mph over the posted limit as criminal speeding under Florida Statute 318.18, converting what would otherwise be a civil traffic infraction into a second-degree misdemeanor. The criminal designation applies regardless of whether you were clocked at 61 in a 30 zone or 101 in a 70 zone — the 31 mph threshold is absolute. The criminal charge carries penalties up to 90 days in jail and a $500 fine, though most first-time offenders resolve the charge through plea agreements that include traffic school, probation, or reduced charges. Your insurance carrier doesn't care whether you pled down to a lesser charge. They see the original speeding violation speed on your motor vehicle record, and that speed determines your surcharge tier. Under Florida's point system, any speeding violation over 15 mph adds 4 points to your DMV record. The points expire after 3 years from the conviction date. Most carriers apply surcharges based on violation severity for 3-5 years from the conviction date, meaning the insurance penalty window typically outlasts the DMV point window by 1-2 years.

Florida assesses 4 points for speeding violations over 15 mph regardless of criminal or civil status. The criminal court outcome determines whether you face additional license consequences beyond the standard point accumulation. If you accumulate 12 points within 12 months, Florida suspends your license for 30 days. Reaching 18 points in 18 months triggers a 3-month suspension, and 24 points in 36 months triggers a 1-year suspension. A criminal speeding conviction can result in an immediate court-ordered license suspension separate from the point-based suspension schedule. Judges retain discretion to suspend driving privileges as part of sentencing, particularly when the speeding violation involved aggravating factors like school zones, active construction zones, or speeds exceeding 50+ over the limit. If your criminal speeding charge is reduced to a civil infraction as part of a plea agreement, you avoid the criminal record but still receive the underlying speeding ticket points. The plea bargain protects your criminal record but does nothing to shield your insurance rate from the violation.

Carriers classify speeding violations into surcharge tiers based on mph over the limit. Tickets 1-15 over typically add 15-25% to your premium. Tickets 16-30 over add 30-45%. Violations 31+ over place you in the major violation tier, triggering surcharges of 50-80% at most carriers. A driver paying $140/mo before the ticket can expect a post-violation rate of $210-250/mo, with the increase persisting for 3-5 years depending on carrier surcharge schedules. Preferred carriers like State Farm, Allstate, and Progressive typically non-renew drivers after a single major speeding violation, particularly when the violation reaches criminal threshold. You'll receive a non-renewal notice 45-120 days before your policy expires, forcing you into the standard or non-standard market where monthly premiums for the same coverage run $180-320/mo for a driver with one major violation. Standard market carriers like The General, Direct Auto, and National General specialize in drivers with major violations and will quote you, but their base rates start 40-60% higher than preferred market rates even before applying violation surcharges. A non-standard policy with a 31+ over violation can run $280-400/mo depending on vehicle, coverage limits, and location within Florida.

Florida allows drivers to complete a Basic Driver Improvement (BDI) course to remove up to 5 points from their record, but the course can only be used once every 12 months and no more than 5 times in a lifetime. If you use the course election for a 31+ over violation, you remove the 4 points from your DMV record but the underlying conviction remains visible to insurance carriers. Carriers do not automatically reduce your premium when DMV points are removed. Your violation still appears on your motor vehicle record with the original speed and conviction date. The surcharge persists until you reach the carrier's lookback period end, typically 3-5 years from conviction. Completing the BDI course protects you from license suspension if you're approaching the 12-point threshold but does not trigger a rate reduction unless you specifically request a policy re-rate and your carrier's underwriting guidelines allow credit for completed driver training. Some carriers offer accident forgiveness or violation forgiveness programs that waive surcharges for a first major violation, but these programs typically require enrollment before the violation occurs and add $15-30/mo to your base premium. Drivers who already have the violation on record cannot retroactively purchase forgiveness coverage.

Most criminal speeding cases resolve through one of three paths: plea to a reduced civil charge, plea to the criminal charge with adjudication withheld, or trial. Each path produces different outcomes for your criminal record but identical outcomes for your insurance rate. If the prosecutor reduces the charge to a civil speeding violation (typically 29 over or below), you avoid a criminal record but still receive 3-4 points and the full insurance surcharge for the speed listed on the amended citation. Carriers price the violation based on the final conviction speed, not the original charge. A reduction from 38 over to 29 over saves you 10-15% on the surcharge tier but still places you in the major violation category. Adjudication withheld keeps the conviction off your criminal record but places the full speeding violation on your driving record. Florida does not distinguish between adjudicated and withheld convictions for insurance purposes. Your motor vehicle record shows the conviction date and speed, and carriers apply the corresponding surcharge regardless of criminal disposition.

Request quotes from at least three standard or non-standard market carriers within 30 days of your conviction date. Preferred carriers will non-renew you, but waiting until the non-renewal notice arrives costs you 60-90 days of price comparison time. Standard market carriers like Direct Auto, The General, and Acceptance Insurance quote major violations immediately and can bind coverage the same day. Drop collision and comprehensive coverage if your vehicle is worth less than $5,000 and paid off. A non-standard policy with full coverage on a violation record runs $320-450/mo. Switching to liability-only drops the premium to $180-240/mo. You're already paying a 50-80% surcharge on every coverage line — eliminating optional coverages cuts your total cost even when the violation surcharge persists. Set a calendar reminder for 36 months from your conviction date to re-shop your policy. Most carriers' major violation surcharges drop off at the 3-year mark, and some preferred carriers will re-quote you at 3 years with one major violation if no additional tickets have occurred. A driver paying $280/mo in the non-standard market at year 1 can often return to preferred market rates of $160-190/mo at year 4, but only if they proactively request quotes when the lookback period expires.