Florida Statute 316.1975 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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316.1975 Unattended motor vehicle.—

(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 and effectively setting the brake thereon and turning the front wheels to the curb or side of the street. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

(2) This section does not apply to the operator of:

(a) An authorized emergency vehicle while in the performance of official duties and the vehicle is equipped with an activated antitheft device that prohibits the vehicle from being driven;

(b) A licensed delivery truck or other delivery vehicle while making deliveries;

(d) A vehicle that is started by remote control while the ignition, transmission, and doors are locked.

(3) This section does not apply to a fully autonomous vehicle operating with the automated driving system engaged.

History.—s. 1, ch. 71-135; s. 1, ch. 76-31; ss. 3, 148, ch. 99-248; s. 103, ch. 2002-20; s. 2, ch. 2002-23; s. 11, ch. 2014-216; s. 5, ch. 2019-101.

Note.—Former s. 316.097.

F.S. 316.1975 on Google Scholar

F.S. 316.1975 on CourtListener

Amendments to 316.1975

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.1975

R or S next to points is Mandatory Revocation or Suspension

S316.1975 UNATTENDED VEHICLE left running/keys in ignition/wheels not turned to curb - Points on Drivers License: 0

S316.1975 (1) Unattended vehicle left running/keys in ignition/wheels not turned to curb - Points on Drivers License: 0

Cases Citing Statute 316.1975

Total Results: 11

Michael & Philip, Inc. v. Sierra

776 So. 2d 294, 2000 WL 1781442

District Court of Appeal of Florida | Filed: Dec 6, 2000 | Docket: 2518349

Cited 8 times | Published

for the jury. I would affirm. NOTES [1] See § 316.1975, Fla. Stat.

Demelus v. King Motor Co. of Fort Lauderdale

24 So. 3d 759, 2009 Fla. App. LEXIS 20402, 2009 WL 5126239

District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 754714

Cited 7 times | Published

is now found in a slightly-reworded form at section 316.1975(1), Florida Statutes (2009).

Commercial Carrier Corp. v. SJG CORP.

409 So. 2d 50

District Court of Appeal of Florida | Filed: Dec 23, 1981 | Docket: 526327

Cited 3 times | Published

theory is negligence per se, predicated on Section 316.1975, Florida Statutes (1979), which provides in

EATON CONST. CO. v. Edwards

617 So. 2d 858, 1993 WL 142703

District Court of Appeal of Florida | Filed: May 7, 1993 | Docket: 1512526

Cited 2 times | Published

in instructing the jury that a violation of section 316.1975, Florida Statutes (1989), was evidence of

MUHAMMAD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68863740

Published

leaving his running car unattended, contrary to section 316.1975(1), Florida Statutes (2019). See id. ("A

Graham v. Stephens

779 So. 2d 649, 2001 Fla. App. LEXIS 3416, 2001 WL 256035

District Court of Appeal of Florida | Filed: Mar 16, 2001 | Docket: 64804260

Published

AFFIRMED. SHARP, W„ and PALMER, JJ., concur. . Section 316.1975(1), Florida Statutes (2000), provides: Unattended

Reteneller v. Putnam

589 So. 2d 328, 1991 Fla. App. LEXIS 10604, 1991 WL 213254

District Court of Appeal of Florida | Filed: Oct 24, 1991 | Docket: 64663093

Published

defendants because of the inapplicability of section 316.1975; Florida Statutes (1989), since the two vehicles

Clark v. Merritt

480 So. 2d 649, 10 Fla. L. Weekly 2439

District Court of Appeal of Florida | Filed: Oct 31, 1985 | Docket: 1667251

Published

trailer, rolled over and injured both women. Section 316.1975, Florida Statutes (1981), reads in pertinent

Mitchell v. Robbins

447 So. 2d 1034, 1984 Fla. App. LEXIS 12509

District Court of Appeal of Florida | Filed: Apr 4, 1984 | Docket: 64603878

Published

presents a jury question, notwithstanding section 316.1975, Florida Statutes (1981). See Vining v. Avis

Owen v. Wagner

426 So. 2d 1262, 1983 Fla. App. LEXIS 18614

District Court of Appeal of Florida | Filed: Feb 11, 1983 | Docket: 64595153

Published

is negligence per se when anyone violates section 316.1975, Florida Statutes (1981), by leaving any motor

Vining v. Avis Rent-A-Car Systems, Inc.

378 So. 2d 280, 1979 Fla. LEXIS 4862

Supreme Court of Florida | Filed: Nov 21, 1979 | Docket: 64573540

Published

decision of the majority. I would hold that section 316.1975, Florida Statutes (1977),1 is unconstitutional

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.