Florida Statute 316.192 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.192

316.192 Reckless driving.—

(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 convicted of reckless driving shall be punished:

(a) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.

(b) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.

(3) Any person:

(a) Who is in violation of subsection (1);

(b) Who operates a vehicle; and

1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

2. Serious bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The term “serious bodily injury” means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(4) Notwithstanding any other provision of this section, $5 shall be added to a fine imposed pursuant to this section. The clerk shall remit the $5 to the Department of Revenue for deposit in the Emergency Medical Services Trust Fund.

(5) In addition to any other penalty provided under this section, if the court has reasonable cause to believe that the use of alcohol, chemical substances set forth in s. 877.111, or substances controlled under chapter 893 contributed to a violation of this section, the court shall direct the person so convicted to complete a DUI program substance abuse education course and evaluation as provided in s. 316.193(5) within a reasonable period of time specified by the court. If the DUI program conducting such course and evaluation refers the person to an authorized substance abuse treatment provider for substance abuse evaluation and treatment, the directive of the court requiring completion of such course, evaluation, and treatment shall be enforced as provided in s. 322.245. The referral to treatment resulting from the DUI program evaluation may not be waived without a supporting independent psychosocial evaluation conducted by an authorized substance abuse treatment provider, appointed by the court, which shall have access to the DUI program psychosocial evaluation before the independent psychosocial evaluation is conducted. The court shall review the results and recommendations of both evaluations before determining the request for waiver. The offender shall bear the full cost of this procedure. If a person directed to a DUI program substance abuse education course and evaluation or referred to treatment under this subsection fails to report for or complete such course, evaluation, or treatment, the DUI program shall notify the court and the department of the failure. Upon receipt of such notice, the department shall cancel the person’s driving privilege, notwithstanding the terms of the court order or any suspension or revocation of the driving privilege. The department may reinstate the driving privilege upon verification from the DUI program that the education, evaluation, and treatment are completed. The department may temporarily reinstate the driving privilege on a restricted basis upon verification that the offender is currently participating in treatment and has completed the DUI education course and evaluation requirement. If the DUI program notifies the department of the second failure to complete treatment, the department shall reinstate the driving privilege only after notice of successful completion of treatment from the DUI program.

History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 23, ch. 85-167; s. 1, ch. 85-337; s. 1, ch. 88-5; s. 17, ch. 91-255; s. 31, ch. 92-78; s. 10, ch. 94-306; s. 4, ch. 99-234; s. 9, ch. 2001-122; s. 1, ch. 2001-147; s. 9, ch. 2006-290.

Note.—Former s. 316.029.

F.S. 316.192 on Google Scholar

F.S. 316.192 on Casetext

Amendments to 316.192

Arrestable Offenses / Crimes under Fla. Stat. 316.192

Level: Degree
Misdemeanor/Felony: First/Second/Third

S316.192 1a - MOVING TRAFFIC VIOL - RECKLESS DRIVING 1ST OFF - M: S

S316.192 1a - MOVING TRAFFIC VIOL - REMOVED - M: S

S316.192 2a - MOVING TRAFFIC VIOL - RECKLESS DRIVING 1ST OFF - M: S

S316.192 2b - MOVING TRAFFIC VIOL - RECKLESS DRIVING SUBSQ OFF - M: S

S316.192 3a1 - MOVING TRAFFIC VIOL - RECKLESS DRIVE DAMAGE PERSON OR PROPERTY - M: F

S316.192 3a2 - MOVING TRAFFIC VIOL - RECKLESS DRIVE CAUSE SERIOUS BODILY INJURY - F: T

S316.192 3b1 - MOVING TRAFFIC VIOL - RECKLESS DRIVE DAMAGE PERSON OR PROPERTY - M: F

S316.192 3b2 - MOVING TRAFFIC VIOL - RECKLESS DRIVE CAUSE SERIOUS BODILY INJURY - F: T

S316.192 3c1 - MOVING TRAFFIC VIOL - RECKLESS DRIVE DAMAGE PERSON OR PROPERTY - M: F

S316.192 3c2 - MOVING TRAFFIC VIOL - RECKLESS DRIVE CAUSE SERIOUS BODILY INJURY - F: T

Civil Citations / Citable Offenses under S316.192

R or S next to points is Mandatory Revocation or Suspension

S316.192 (1)a RECKLESS DRIVING - Points on Drivers License: 4

S316.192 (1)a Reckless Driving - When reduced from D.U.I. - Points on Drivers License: 4

S316.192 (3)(a)(b)(c)1 Reckless Driving - Property damage/personal injury - Points on Drivers License: 4

S316.192 (3)(a)(b)(c)2 Reckless Driving - Serious Bodily Injury [See 322.26(3)] (previously violation 252; use if offense prior to 10/1/2010) - Points on Drivers License: 0 R

S316.192 (3)(c)1 Reckless Driving - Property damage/personal injury - Points on Drivers License: 4

S316.192 (3)(c)2 Reckless Driving - Serious Bodily Injury [See 322.26(3)] (Previously violation 252; use if offense prior to 10/1/2010) - Points on Drivers License: 0 R

Annotations, Discussions, Cases:

Cases Citing Statute 316.192

Total Results: 20

STATE OF FLORIDA v. MITCHELL REDDIN

Court: District Court of Appeal of Florida | Date Filed: 2023-12-15

Snippet: Mr. Reddin with reckless driving under section 316.192(1), Florida Statutes (2021), and resisting an officer

COFFER KENNETH v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-11-08

Snippet: sentence for reckless driving in violation of section 316.192 of the Florida Statutes. Based on the following

PRINCIPE HORMAECHE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-07-06

Snippet: disregard for the safety of persons[.]’” (citing § 316.192(1), Fla. Stat. (2004)).

Timothy Anderson v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2020-03-05

Snippet: driving. “Reckless driving” is defined in section 316.192(1)(a), Florida Statutes (2014), which states that

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-10

Court: Supreme Court of Florida | Date Filed: 2020-01-16

Snippet: Reckless Driving (if 316.192(1)(b) 28.5 there was evidence that the fleeing

David L. Ross v. City of Jacksonville

Court: District Court of Appeal of Florida | Date Filed: 2019-06-12

Citation: 274 So. 3d 1180

Snippet: driver recklessly endanger the pedestrians? See § 316.192(1)(a), Fla. Stat. (defining reckless driving as

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-09.

Court: Supreme Court of Florida | Date Filed: 2019-01-04

Citation: 262 So. 3d 59

Snippet: CATEGORY TWO FLA. STAT. INS. NO. Reckless driving 316.192 28.5 Reckless operation of 327.33 vessel Culpable

Timothy Anderson v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-05-25

Citation: 247 So. 3d 680

Snippet: disregard for the safety of persons or property.” § 316.192(1)(a), Fla. Stat. In this case, the information

MICHAEL ANGUILLE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-04-11

Citation: 243 So. 3d 410

Snippet: function of any bodily member or organ. § 316.192, Fla. Stat. (2014). In looking at the statutory

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-05.

Court: Supreme Court of Florida | Date Filed: 2018-02-08

Citation: 236 So. 3d 244

Snippet: CATEGORY TWO FLA. STAT. INS. NO. Reckless Driving (if 316.192(1)(b) 28.5 there was evidence that the fleeing

LAWTON COHEN v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2017-11-08

Citation: 230 So. 3d 18

Snippet: had the same wanton disregard language, see § 316.192(l)(a), Fla. Stat. (2016), defense counsel stated

Smith v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-05-10

Citation: 218 So. 3d 996, 2017 WL 1951097, 2017 Fla. App. LEXIS 6531

Snippet: 830 So.2d 792, 803 (Fla. 2002)). Section 316.192(l)(a), Florida Statutes (2015), defines reckless

Travis Ball v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-01-13

Citation: 208 So. 3d 327, 2017 Fla. App. LEXIS 300

Snippet: disregard for the safety of persons or property.” § 316.192(l)(a), Fla. Stat. (2013). “Wanton” means “with

Damoah v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-04-19

Citation: 189 So. 3d 316, 2016 WL 2747665, 2016 Fla. App. LEXIS 5908

Snippet: So.3d 187, 195 (Fla. 4th DCA 2011) (quoting § 316.192(1)(a), Fla. Stat.). “ ‘Willful’ means ‘intentional

State of Florida v. Samuel Depriest

Court: District Court of Appeal of Florida | Date Filed: 2015-12-03

Citation: 180 So. 3d 1099

Snippet: So.2d 323, 326 (Fla. 1st DCA 1989) (quoting § 316.192, Fla. Stat.). (Italicized emphasis in original;

Luzardo v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-10-01

Citation: 147 So. 3d 1083, 2014 Fla. App. LEXIS 15273, 2014 WL 4852853

Snippet: for the safety of persons or property .... ” § 316.192(l)(a), Fla. Stat. (2012). “Willful” means “intentional

Piggott v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-06-04

Citation: 140 So. 3d 666, 2014 Fla. App. LEXIS 8504, 2014 WL 2480261

Snippet: disregard for the safety of persons or property.” § 316.192(l)(a), Fla. Stat. (2011). Although the two offenses

In re Standard Jury Instructions in Criminal Cases-Rreport No. 2012-08

Court: Supreme Court of Florida | Date Filed: 2013-11-21

Citation: 131 So. 3d 692, 2013 WL 6124277

Snippet: into account two separate offenses under section 316.192, Florida Statutes (2012). Subsection (l)(a) defines

Stracar v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-10-23

Citation: 126 So. 3d 379, 2013 WL 5729798, 2013 Fla. App. LEXIS 16780

Snippet: So.3d 624, 625 (Fla. 5th DCA 2008); see also § 316.192(1), Fla. Stat. (2010). “ ‘Willful’ means ‘intentional

Cantlon v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-10-05

Citation: 98 So. 3d 719, 2012 WL 4748087, 2012 Fla. App. LEXIS 16843

Snippet: a conviction of reckless driving under section 316.192(2), Florida Statutes (2007), we reverse. On April