Is the “Loud Music” Law Finally Dead in Orlando?

By: John Guidry

Florida has an odd loud noise law. Basically, it makes it illegal to play amplified sound that is “plainly audible” from 25 feet away.

Orlando law enforcement officers have long used this law as an excuse to pull over cars that they suspect possess drugs. But 25 feet is not a lot of feet. My cell phone can be heard from 25 feet away, and thus technically violates Florida’s noise ordinance.

In other parts of Florida, the statute has been declared unconstitutional—but not in Orlando.

• The Old Rule: Orlando is guided by the Fifth District Court of Appeal (DCA), which found the law constitutional back in 1999 (when the limit was 100 feet).
• The Consequence: Because of that old ruling, Orlando police were still able to pull cars over for loud stereos.

That is, until today.

Pulled over for loud music?

The law is constantly changing. Make sure your rights weren’t violated. Call John today at (407) 423-1117.

The Game Changer: Montgomery v. State

The case that has changed everything for Central Florida motorists is Montgomery v. State, 36 F.L.W. D2046 (Fla. 5th DCA 9/16/11).

Montgomery challenged the constitutionality of the statute on two grounds:

1. Vagueness: What does “plainly audible from 25 feet” actually mean? Is it audible to a teenager, or to my grandpa who can’t hear well?
2. Over-Breadth: The statute bans my music, but allows loud noise for “business” or “political” reasons.

The Court’s Ruling: Rather than saying the statute was vague, the court held that it was “overbroad.” The statute made it illegal for me to blast my music, but perfectly legal to blast the exact same music if done for business or political reasons.

The Court realized that businesses should not have more rights than individuals. By allowing a political truck to blast noise while prohibiting a citizen from doing the same, the law violated Free Speech.

The Result: Chalk one up for the Constitution. The Fifth DCA declared the statute unconstitutional.

John’s 2025 Update: The Empire Strikes Back

Note: The article above celebrates a major victory from 2011. However, the State eventually learned from its mistake.

After Montgomery (and later the Florida Supreme Court) killed the old law, the Florida Legislature passed a new version of the statute (Florida Statute 316.3045) that went into effect on July 1, 2022.

What Changed? To get around the Montgomery ruling, the Legislature simply removed the exemptions.

• The new law still bans music audible from 25 feet.
• But now, it bans ALL loud noise—including business and political noise.
• By making the law apply to everyone equally, they fixed the “Free Speech” loophole.

The Bottom Line Today: Police can pull you over again for loud music in Orlando. However, we can still fight these tickets by challenging the officer’s estimation of the “25-foot” distance or proving the stop was a pretext for an illegal search.

If you were stopped for a noise violation, call me at (407) 423-1117. The law may be back, but we are still fighting it.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.