Florida Statute 316.1975 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.1975

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 Casetext

Amendments to 316.1975

Arrestable Offenses / Crimes under Fla. Stat. 316.1975

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.1975.

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

Annotations, Discussions, Cases:

Cases Citing Statute 316.1975

Total Results: 13

MUHAMMAD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-07-17

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

Pole v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-08-10

Citation: 198 So. 3d 961, 2016 Fla. App. LEXIS 12036, 2016 WL 4197955

Snippet: applicable."); U.S. v. Wilson, 421 U.S. 309, 316 (1975) ("The face-to-face refusal to comply with

Demelus v. King Motor Co. of Fort Lauderdale

Court: District Court of Appeal of Florida | Date Filed: 2009-12-30

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

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

Graham v. Stephens

Court: District Court of Appeal of Florida | Date Filed: 2001-03-16

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

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

Michael & Philip, Inc. v. Sierra

Court: District Court of Appeal of Florida | Date Filed: 2000-12-06

Citation: 776 So. 2d 294, 2000 WL 1781442

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

EATON CONST. CO. v. Edwards

Court: District Court of Appeal of Florida | Date Filed: 1993-05-07

Citation: 617 So. 2d 858, 1993 WL 142703

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

Reteneller v. Putnam

Court: District Court of Appeal of Florida | Date Filed: 1991-10-24

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

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

Clark v. Merritt

Court: District Court of Appeal of Florida | Date Filed: 1985-10-31

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

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

Mitchell v. Robbins

Court: District Court of Appeal of Florida | Date Filed: 1984-04-04

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

Snippet: presents a jury question, notwithstanding section 316.1975, Florida Statutes (1981). See Vining v. Avis Rent-A-Car

Owen v. Wagner

Court: District Court of Appeal of Florida | Date Filed: 1983-02-11

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

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

Commercial Carrier Corp. v. SJG CORP.

Court: District Court of Appeal of Florida | Date Filed: 1981-12-23

Citation: 409 So. 2d 50

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

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

Court: Supreme Court of Florida | Date Filed: 1979-11-21

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

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

Ostreyko v. BC Morton Organization, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1975-03-25

Citation: 310 So. 2d 316

Snippet: 310 So.2d 316 (1975) Anna OSTREYKO and Helen Hamel, a/K/a Helen Ostreyko, Appellants, v. The B.C. MORTON