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Florida Statute 316.217 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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F.S. 316.217 Case Law from Google Scholar Google Search for Amendments to 316.217

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.217
316.217 When lighted lamps are required.—
(1) Every vehicle operated upon a highway within this state shall display lighted lamps and illuminating devices as herein respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles, under the following conditions;
(a) At any time from sunset to sunrise including the twilight hours. Twilight hours shall mean the time between sunset and full night or between full night and sunrise.
(b) During any rain, smoke, or fog.
(c) Stop lights, turn signals, and other signaling devices shall be lighted as prescribed for use of such devices.
(2) Whenever requirement is hereinafter declared as to the distance from which certain lamps and devices shall render objects visible, said provisions shall apply during the times stated in subsection (1) in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated.
(3) Whenever requirement is hereinafter declared as to the mounted height of lamps or devices, it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when the vehicle is without a load.
(4) Law enforcement vehicles may be operated without the display of lighted lamps required by this chapter under the following conditions:
(a) Operation without the display of lighted lamps is necessary to the performance of a law enforcement officer’s duties.
(b) The law enforcement agency has a written policy authorizing and providing guidelines for vehicle operation without the display of lighted lamps.
(c) The law enforcement vehicle is operated in compliance with agency policy.
(d) The operation without the display of lighted lamps may be safely accomplished.

The provisions of this subsection shall not relieve the operator of such a vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the vehicle operator from the consequences of his or her reckless disregard for the safety of others.

(5) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 4, ch. 76-218; s. 22, ch. 94-306; s. 171, ch. 99-248; s. 1, ch. 2004-74.

F.S. 316.217 on Google Scholar

F.S. 316.217 on Casetext

Amendments to 316.217


Arrestable Offenses / Crimes under Fla. Stat. 316.217
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.217.

Civil Citations / Citable Offenses under S316.217
R or S next to points is Mandatory Revocation or Suspension

S316.217 HEADLIGHTS - driving without (twilight to sunrise, smoke/rain/fog - Points on Drivers License: 3
S316.217 (1) No lamps or illuminating devices - Points on Drivers License: 3
S316.217 (1)(a) Vehicle without lights at night - Points on Drivers License: 3
S316.217 (1)(b) No head lamps rain/fog/smoke/etc. - Points on Drivers License: 3
S316.217 (1)(c) No brake/turn/signals lighted - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases Citing Statute 316.217

Total Results: 18

Newton v. Caterpillar Financial Services Corporation

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-14T00:00:00-08:00

Citation: 209 So. 3d 612, 2016 Fla. App. LEXIS 18320

Snippet: if it were operated on a public highway. See §§ 316.217(1) (imposing headlight requirements for “[ejvery

Classy Cycles, Inc. v. Bay County

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-28T00:00:00-07:00

Citation: 201 So. 3d 779, 2016 Fla. App. LEXIS 14507

Snippet: ), § 316.216 (approval of lighting devices), § 316.217 (when lighted lamps are required), § 316.220 (headlamps

State v. Proctor

Court: Fla. Dist. Ct. App. | Date Filed: 2014-02-21T00:00:00-08:00

Citation: 161 So. 3d 409, 2014 WL 656751, 2014 Fla. App. LEXIS 2368

Snippet: headlights activated, in violation of section 316.217(1)(a), Florida Statutes (2010).3 To the extent …impairment or defects in vehicle). . Section 316.217(l)(a), Florida Statutes (2010) entitled, "…turning on his headlights as acknowledged by section 316.217(4), Florida Statutes (2010), which allows law enforcement…The statute is clear that a violation of section 316.217(l)(a) is a "noncriminal traffic infraction…infraction, punishable as a moving traffic violation 316.217(5), Fla. Stat. (2010). . In addition to driving

Paul v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-19T00:53:00-07:00

Citation: 991 So. 2d 404

Snippet: the rear, which, when lighted as required in s. 316.217, shall emit a red light plainly visible from a

State v. Schuck

Court: Fla. Dist. Ct. App. | Date Filed: 2005-09-28T00:53:00-07:00

Citation: 913 So. 2d 69

Snippet: the rear, which, when lighted as required in s. 316.217, shall emit a red light plainly visible from a

Hilton v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-02-15T23:53:00-08:00

Citation: 901 So. 2d 155

Snippet: the rear, which, when lighted as required in s. 316.217, shall emit a red light plainly visible from a

Indialantic Police Dept. v. Zimmerman

Court: Fla. Dist. Ct. App. | Date Filed: 1996-07-26T00:53:00-07:00

Citation: 677 So. 2d 1307

Snippet: . State, 540 So.2d 210 (Fla. 4th DCA 1989); §§ 316.217, 316.221, Fla. Stat. (1993); Whren and Brown v.

Department of Highway Safety & Motor Vehicles, Bureau of Driver Improvement v. Thompson

Court: Fla. Dist. Ct. App. | Date Filed: 1993-08-27T00:00:00-07:00

Citation: 622 So. 2d 1169, 1993 Fla. App. LEXIS 8760

Snippet: equipped with at least two headlamps, and section 316.-217(l)(a), Florida Statutes (1991), requires that

Doctor v. State

Court: Fla. | Date Filed: 1992-03-11T23:53:00-08:00

Citation: 596 So. 2d 442

Snippet: the rear, which, when lighted as required in s. 316.217, shall emit a red light plainly visible from a

DeGroat v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-08-01T00:00:00-07:00

Citation: 583 So. 2d 1105, 1991 Fla. App. LEXIS 7339, 1991 WL 140870

Snippet: Gibson, 560 So.2d 1370 (Fla. 5th DCA 1990). Section 316.217, Florida Statutes, provides that every vehicle

Andrews v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1989-03-21T23:53:00-08:00

Citation: 540 So. 2d 210

Snippet: to suppress the cocaine claiming that section 316.217, Florida Statutes (1987) did not require the lights

State v. Fernandez

Court: Fla. Dist. Ct. App. | Date Filed: 1988-06-07T00:00:00-07:00

Citation: 526 So. 2d 192

Snippet: plate. Because this was a violation of sections 316.217(1) and 316.221(2), Florida Statutes (1985),[1] …the order suppressing it is Reversed. NOTES [1] 316.217 When lighted lamps are required. — (1) Every vehicle

Wilhelm v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1987-11-19T23:53:00-08:00

Citation: 515 So. 2d 1343

Snippet: the rear, which, when lighted as required in s. 316.217, shall emit a red light plainly visible from a

State v. Clark

Court: Fla. Dist. Ct. App. | Date Filed: 1987-08-24T00:00:00-07:00

Citation: 511 So. 2d 726, 12 Fla. L. Weekly 2056, 1987 Fla. App. LEXIS 10084

Snippet: adjacent thereto during the times specified in s. 316.217, the driver shall use a distribution of light,

State v. Lee

Court: Fla. | Date Filed: 1978-02-22T23:53:00-08:00

Citation: 356 So. 2d 276

Snippet: , 316.196, 316.197, 316.198, 316.205, 316.206, 316.217, 316.236, 316.238, 316.2431, or 339.30(1)(a), (

Ago

Court: Fla. Att'y Gen. | Date Filed: 1977-07-13T00:53:00-07:00

Snippet: , 316.196, 316.197, 316.198, 316.205, 316.206, 316.217, 316.236, 316.238, 316.2431, or 339.30(1)(a),

Ago

Court: Fla. Att'y Gen. | Date Filed: 1975-03-06T00:53:00-07:00

Snippet: their lighting equipment. See, generally, ss. 316.217-316.231, F.S. Once again, such provisions should

Ellison v. Cribb

Court: Fla. Dist. Ct. App. | Date Filed: 1972-10-17T00:00:00-07:00

Citation: 271 So. 2d 174, 62 A.L.R. 3d 554, 1972 Fla. App. LEXIS 5679

Snippet: ., and JOHNSON, J., concur. . §§ 317.461 (now 316.217), and 317.872 (now 316.249), F.S. . Parker v.