Chapter 316 — Chapter 316
278 sections in this chapter.
Fla. Stat. § 316.192 Reckless driving
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(1)(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.(b) Fleeing a law enforcement officer in a motor vehicle is reckless driving per se.(2) Except as provided in subsection (3), any person con…
Fla. Stat. § 316.1923 Aggressive careless driving
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“Aggressive careless driving” means committing two or more of the following acts simultaneously or in succession:(1) Exceeding the posted speed as defined in s. 322.27(3)(d)5.b.(2) Unsafely or improperly changing lanes as defined in s. 316.085.(3) Following another vehicle too cl…
Fla. Stat. § 316.1925 Careless driving
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(1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or pro…
Fla. Stat. § 316.1926 Additional offenses
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(1) A person who violates the provisions of s. 316.2085(2) or (3) shall be cited for a moving violation, punishable as provided in chapter 318.(2) A person who exceeds the speed limit in excess of 50 miles per hour or more in violation of s. 316.183(2), s. 316.187, or s. 316.189 …
Fla. Stat. § 316.193 Driving under the influence; penalties
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(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:(a) The person is under the influence of alcoholic beverages, …
Fla. Stat. § 316.1932 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal
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(1)(a)1.a. A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limite…
Fla. Stat. § 316.1933 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force
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(1)(a) If a law enforcement officer has probable cause to believe that a motor vehicle driven by or in the actual physical control of a person under the influence of alcoholic beverages, any chemical substances, or any controlled substances has caused the death or serious bodily …
Fla. Stat. § 316.1934 Presumption of impairment; testing methods
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(1) It is unlawful and punishable as provided in chapter 322 and in s. 316.193 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that the person’s normal faculties are impaired or to the extent that the person i…
Fla. Stat. § 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding
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(1) It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing comp…
Fla. Stat. § 316.1936 Possession of open containers of alcoholic beverages in vehicles prohibited; penalties
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(1) As used in this section, the term:(a) “Open container” means any container of alcoholic beverage which is immediately capable of being consumed from, or the seal of which has been broken.(b) “Road” means a way open to travel by the public, including, but not limited to, a str…
Fla. Stat. § 316.1937 Ignition interlock devices, requiring; unlawful acts
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(1) In addition to any other authorized penalties, the court may require that any person who is convicted of driving under the influence in violation of s. 316.193 shall not operate a motor vehicle unless that vehicle is equipped with a functioning ignition interlock device certi…
Fla. Stat. § 316.1938 Ignition interlock devices, certification; warning label
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(1) The department shall certify or cause to be certified the accuracy and precision of the testing component of the ignition interlock devices as required by s. 316.1937, and shall publish a list of approved devices, together with rules governing the accuracy and precision of th…
Fla. Stat. § 316.1939 Refusal to submit to testing; penalties
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(1) A person who has refused to submit to a chemical or physical test of his or her breath or urine, as described in s. 316.1932, and whose driving privilege was previously suspended or who was previously fined under s. 327.35215 for a prior refusal to submit to a lawful test of …
Fla. Stat. § 316.194 Stopping, standing or parking outside of municipalities
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(1) Upon any highway outside of a municipality, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park, or so leave the vehicle off such part of the highwa…
Fla. Stat. § 316.1945 Stopping, standing, or parking prohibited in specified places
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(1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:(a) Stop, stand, or park a vehicle:1. On the roadway side of any vehicle stopped or parked at the ed…
Fla. Stat. § 316.195 Additional parking regulations
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(1) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within 12 inches of the right-hand curb or edge of the roadway.(2) Except when otherwise provided by l…
Fla. Stat. § 316.1951 Parking for certain purposes prohibited; sale of motor vehicles; prohibited acts
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(1) It is unlawful for any person to park a motor vehicle, as defined in s. 320.01, upon a public street or highway, a public parking lot, or other public property, or upon private property where the public has the right to travel by motor vehicle, for the principal purpose and i…
Fla. Stat. § 316.1955 Enforcement of parking requirements for persons who have disabilities
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(1) It is unlawful for any person to stop, stand, or park a vehicle within, or to obstruct, any such specially designated and marked parking space provided in accordance with s. 553.5041, unless the vehicle displays a disabled parking permit issued under s. 316.1958 or s. 320.084…
Fla. Stat. § 316.1957 Parking violations; designated parking spaces for persons who have disabilities
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When evidence is presented in any court of the fact that any motor vehicle was parked in a properly designated parking space for persons who have disabilities in violation of s. 316.1955, it is prima facie evidence that the vehicle was parked and left in the space by the person, …
Fla. Stat. § 316.1958 Out-of-state vehicles bearing identification of issuance to persons who have disabilities
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Motor vehicles displaying a special license plate or parking permit issued to a person who has a disability by any other state or district subject to the laws of the United States or by a foreign country that issues disabled parking permits that display the international symbol o…
Fla. Stat. § 316.1959 Handicapped parking enforcement
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The provisions of handicapped parking shall be enforced by state, county, and municipal authorities in their respective jurisdictions whether on public or private property in the same manner as is used to enforce other parking laws and ordinances by said agencies.
Fla. Stat. § 316.1964 Exemption of vehicles transporting certain persons who have disabilities from payment of parking fees and penalties
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(1) A state agency, county, municipality, or any agency thereof, may not exact any fee for parking on the public streets or highways or in any metered parking space from the driver of a vehicle that displays:(a) A disabled parking permit or a license plate issued under s. 316.195…
Fla. Stat. § 316.1965 Parking near rural mailbox during certain hours; penalties
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Whoever parks any vehicle within 30 feet of any rural mailbox upon any state highway in this state between 8 a.m. and 6 p.m. shall be cited for a nonmoving violation, punishable as provided in chapter 318.
Fla. Stat. § 316.1967 Liability for payment of parking ticket violations and other parking violations
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(1) The owner of a vehicle is responsible and liable for payment of any parking ticket violation unless the owner can furnish evidence, when required by this subsection, that the vehicle was, at the time of the parking violation, in the care, custody, or control of another person…
Fla. Stat. § 316.1974 Funeral procession right-of-way and liability
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(1) DEFINITIONS.—(a) “Funeral director” and “funeral establishment” shall have the same meaning as set forth in s. 497.005.(b) “Funeral procession” means two or more vehicles accompanying the body of a deceased person, or traveling to the church, chapel, or other location at whic…
Fla. Stat. § 316.1975 Unattended motor vehicle
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(1) A person driving or in charge of any motor vehicle may not permit it to stand unattended without first stopping the engine, locking the ignition, and removing the key. A vehicle may not be permitted to stand unattended upon any perceptible grade without stopping the engine an…
Fla. Stat. § 316.1985 Limitations on backing
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(1) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.(2) The driver of a vehicle shall not back the same upon any shoulder or roadway of any limited access facility.(3) A violation of this sect…
Fla. Stat. § 316.1995 Driving upon sidewalk or bicycle path
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(1) Except as provided in s. 316.008, s. 316.20655, s. 316.212(8), or s. 316.2128, a person may not drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway.(2) A violation of this s…
Fla. Stat. § 316.2004 Obstruction to driver’s view or driving mechanism
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(1) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver’s control over the driving mechanism of the vehicl…
Fla. Stat. § 316.2005 Opening and closing vehicle doors
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No person shall open any door on a motor vehicle unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of tim…
Fla. Stat. § 316.2014 Riding in house trailers
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No person or persons shall occupy a house trailer while it is being moved upon a public street or highway. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
Fla. Stat. § 316.2015 Unlawful for person to ride on exterior of vehicle
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(1) It is unlawful for any operator of a passenger vehicle to permit any person to ride on the bumper, radiator, fender, hood, top, trunk, or running board of such vehicle when operated upon any street or highway which is maintained by the state, county, or municipality. Any pers…
Fla. Stat. § 316.2025 Following fire apparatus prohibited
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No driver of any vehicle other than an authorized emergency vehicle on official business shall follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a …
Fla. Stat. § 316.2034 Crossing fire hose
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No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street or highway, or private road or driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command. A violation of this section is …
Fla. Stat. § 316.2035 Injurious substances prohibited; dragging vehicle or load; obstructing, digging, etc
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(1) It is unlawful to place or allow to be placed upon any street or highway any tacks, wire, scrap metal, glass, crockery, or other substance which may be injurious to the feet of persons or animals or to the tires of vehicles or in any way injurious to the road.(2) It is unlawf…
Fla. Stat. § 316.2044 Removal of injurious substances
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(1) Any person who drops, or permits to be dropped or thrown, upon any street or highway any destructive or injurious material shall immediately remove the same or cause it to be removed.(2) Any person removing a wrecked or damaged vehicle from a street or highway shall remove an…
Fla. Stat. § 316.2045 Obstruction of public streets, highways, and roads
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(1)(a) A person may not willfully obstruct the free, convenient, and normal use of a public street, highway, or road by:1. Impeding, hindering, stifling, retarding, or restraining traffic or passage thereon;2. Standing on or remaining in the street, highway, or road; or3. Endange…
Fla. Stat. § 316.2051 Certain vehicles prohibited on hard-surfaced roads
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It is unlawful to operate upon any hard-surfaced road in this state any log cart, tractor, or well machine; any steel-tired vehicle other than the ordinary farm wagon or buggy; or any other vehicle or machine that is likely to damage a hard-surfaced road except to cause ordinary …
Fla. Stat. § 316.2055 Motor vehicles, throwing advertising materials in
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It is unlawful for any person on a public street, highway, or sidewalk in the state to throw into, or attempt to throw into, any motor vehicle, or offer, or attempt to offer, to any occupant of any motor vehicle, whether standing or moving, or to place or throw into any motor veh…
Fla. Stat. § 316.2061 Stop when traffic obstructed
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No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle the driver is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any…
Fla. Stat. § 316.2065 Bicycle regulations
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(1) Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter, and except as to provisions of this chapter which by their nature c…
Fla. Stat. § 316.20655 Electric bicycle regulations
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(1) Except as otherwise provided in this section, an electric bicycle or an operator of an electric bicycle shall be afforded all the rights and privileges, and be subject to all of the duties, of a bicycle or the operator of a bicycle, including s. 316.2065. An electric bicycle …
Fla. Stat. § 316.2068 Electric personal assistive mobility devices; regulations
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(1) An electric personal assistive mobility device, as defined in s. 316.003, may be operated:(a) On a road or street where the posted speed limit is 25 miles per hour or less.(b) On a marked bicycle path.(c) On any street or road where bicycles are permitted.(d) At an intersecti…
Fla. Stat. § 316.2069 Commercial megacycles
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The governing body of a municipality, or the governing board of a county with respect to an unincorporated portion of the county, may authorize the operation of a commercial megacycle on roads or streets within the respective jurisdictions if the requirements of subsections (1)-(…
Fla. Stat. § 316.2071 Personal delivery devices and mobile carriers
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(1) Notwithstanding any provision of law to the contrary, a personal delivery device or mobile carrier may operate on sidewalks and crosswalks, subject to s. 316.008(7)(b). A personal delivery device or mobile carrier operating on a sidewalk or crosswalk has all the rights and du…
Fla. Stat. § 316.2074 All-terrain vehicles
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(1) It is the intent of the Legislature through the adoption of this section to provide safety protection for minors while operating an all-terrain vehicle in this state.(2) As used in this section, the term “all-terrain vehicle” means any motorized off-highway vehicle 55 inches …
Fla. Stat. § 316.208 Motorcycles and mopeds
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(1) Any person operating a motorcycle or moped shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter and except as to those provisions of this…
Fla. Stat. § 316.2085 Riding on motorcycles or mopeds
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(1) A person operating a motorcycle or moped shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person, nor shall any other person ride on a motorcycle or moped, unless such motorcycle or moped is designed to carry mo…
Fla. Stat. § 316.209 Operating motorcycles on roadways laned for traffic
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(1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.(2) The operator of a motorcycle…
Fla. Stat. § 316.2095 Footrests, handholds, and handlebars
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(1) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger.(2) No person shall operate any motorcycle with handlebars or with handgrips that are higher than the top of the shoulders of the person operating…