BREVARD COUNTY, Fla. – Brevard County’s 2025 Deputy of the Year was clocked by the Florida Highway Patrol traveling 111 mph on his motorcycle while off duty in February, but he was not taken into custody under Florida’s so-called “Super Speeder” law, News 6 has learned.
Records show Trooper Joshua Provencher instead wrote Deputy Michael Fultz a civil traffic ticket accusing him of driving 9 mph over the posted speed limit.
“I’m not going to take you to jail, Fultz,” Provencher told the deputy during the stop, according to video obtained by News 6. “Obviously you and I are buddies. I’m not trying to show favoritism, either.”
Florida’s Dangerous Excessive Speeding Act, widely referred to as the “Super Speeder” law, allows officers to arrest drivers accused of going 100 mph or faster when their driving poses a risk to people or property.
For a first offense, the misdemeanor can carry penalties of up to 30 days behind bars and a fine of as much as $500 upon conviction.
The Brevard County Sheriff’s Office later became aware of the traffic stop while looking into Fultz as part of a separate administrative investigation, then questioned both the deputy and the FHP trooper about what happened.
“Trooper (Joshua) Provencher was aware that Deputy Fultz’s speed, along with the traffic conditions which made his speed a danger to other drivers, met the statutory criminal requirements for the new ‘super speeder law’,” sheriff’s investigators wrote. “Deputy Fultz admitted the speeds at which he was travelling did violate the ‘super speeder’ law.”
News 6 said the Florida Highway Patrol did not answer questions about the February traffic stop.
Fultz, who was recognized as Brevard County’s Deputy of the Year during the sheriff’s annual award ceremony in late March, resigned from the agency two months later as Sheriff Wayne Ivey was poised to fire him for “egregious misconduct”, News 6 previously reported.
The FHP trooper was using speed detection radar on U.S. 192 near Melbourne on February 9 when he stopped Fultz, records show.
Cameras mounted on the FHP vehicle show a motorcycle passing the trooper in the opposite lane at a high rate of speed.
“He’s going to jail,” Provencher can be heard saying to himself as he made a U-turn and began following the motorcycle.
After the trooper activated his patrol car’s emergency lights and siren, the motorcycle pulled off the road.
“What on earth!” Provencher exclaimed as he stepped out of his vehicle and approached the motorcyclist. “111 (mph). And you were increasing. Tell me why I shouldn’t take you to jail?”
The man on the motorcycle apologized and indicated he had a driver license.
“Do I know you?” asked Provencher.
“Yeah. Fultz. Sheriff’s Office,” replied the biker.
“Dude! Bro! I didn’t recognize you!” the trooper said. “C’mon!”
Provencher returned to his patrol car and called an FHP sergeant, the video shows.
“I know this guy. He is a deputy,” the trooper said. “Just clocked him at 111 out here on 192. Any advice?”
The video recording did not capture the supervisor’s comments to the trooper.
“He was passing two other bikes. I clocked those bikes at 80-plus. They were ahead of other vehicles,” Provencher told the sergeant. “But there’s a fairly decent amount of traffic. He was not weaving. He wasn’t doing anything like that. He was in a straight line in the left lane.”
Provencher then expressed his desire not to arrest the deputy.
“If I can avoid the 10-15, I don’t want to ruin his job,” the trooper said to his supervisor.
10-15 is police terminology for “prisoner in custody”.
Besides speeding, records indicate Fultz did not have an endorsement on his driver license that is required to operate a motorcycle.
Law enforcement officers are authorized to tow and impound motorcycles when operators do not have proof of the endorsement, and violators can face up to 60 days in jail if convicted.
Provencher exited his patrol car and began speaking with Fultz again, the video shows.
“Man, you know you’re making my hands tied,” the trooper said. “I’m trying to figure out what to do because, you know, 111, it’s a horrible speed.”
Provencher informed Fultz he would not be arrested.
“I already spoke to my sergeant, and he’s giving me full leeway on it,” the trooper said. “He’s like, ‘It’s up to you.’”
Records show Provencher issued Fultz a traffic citation for driving 9 mph over the posted speed limit.
“I’m not going to make you go to court,” the trooper told Fultz.
Motorists cited for driving 30 mph or more above the speed limit are required to appear before a judge.
Although Fultz was cited for driving 74 miles per hour in a 65 mile per hour zone, a narrative at the bottom of the ticket stated, “(vehicle) was clocked at 111”.
“If you weren’t doing 111 miles an hour, I wouldn’t write the damn ticket,” Provencher told Fultz. “But my hands are literally tied on me.”
Provencher did not cite Fultz for failing to have a motorcycle endorsement on his driver license, and there is no indication the trooper impounded the motorcycle.
Shortly before turning off his patrol car’s camera system, Provencher gave the deputy a warning.
“Slow it down,” the trooper said. “I don’t feel good about it.”
Fultz later paid the citation’s $155 fine and late fees, court records show.
The Florida Highway Patrol did not respond to questions from News 6 inquiring whether the state agency had conducted an internal review of the traffic stop.
FHP also did not address how it might respond to public concerns that the deputy may have received special treatment.
An investigator with the Brevard County Sheriff’s Office met with the trooper in April while conducting an administrative review of Fultz.
Provencher told the investigator he knew Fultz only in a professional capacity and mentioned they were both present at a few vehicle crash scenes.
“Trooper Provencher stated he initially planned to give Deputy Fultz a verbal or written warning, as is his discretion,” a sheriff’s office report states.
But after deactivating his patrol car camera, Provencher claimed Fultz argued that he deserved a citation.
Fultz told the sheriff’s office investigator a similar story, records show, while admitting that he did not yet have his motorcycle endorsement at the time of the traffic stop.
The deputy also acknowledged FHP and the Brevard County Sheriff’s Office had recently launched a campaign to curtail excessive and unlawful speeding, a report indicates.
“Slow down. Drive responsibly. And if you can’t, these gentlemen behind me are going to help you learn to drive responsibly,” Ivey said in a January Facebook post as he stood in front of several deputies and troopers.
Fultz resigned from the Brevard County Sheriff’s Office in May as Ivey was preparing to fire the deputy for what the agency described as ‘‘egregious misconduct” related and unrelated to the traffic stop.
“First and foremost, I want to apologize to the Brevard County Sheriff’s Office, the men and women I served alongside, my family, and the citizens of Brevard County for the embarrassment and negative attention my actions have caused,” Fultz said in a statement to News 6. “Becoming a deputy was a dream of mine, and I will always be grateful to Sheriff Ivey and BCSO for giving me the opportunity to fulfill that dream.”
1 comment
Trooper Provencher should be fired! He wasn’t even going to give Fultz a ticket for such endangerment of the public and blantant disregard for the law they were both sworn to enforce. At least Fultz did the right thing and resigned. Provencher should also if the FOP saves his ass from administrative actions.