Florida Statutes

Fla. Stat. § 316.217 (2025)

When lighted lamps are required.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

(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.

(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.

Civil Citations under F.S. 316.217

Driver's license points · R = revocation · S = suspension

§316.217HEADLIGHTS - driving without (twilight to sunrise, smoke/rain/fog3 pts

§316.217(1)No lamps or illuminating devices3 pts

§316.217(1)(a)Vehicle without lights at night3 pts

§316.217(1)(b)No head lamps rain/fog/smoke/etc.3 pts

§316.217(1)(c)No brake/turn/signals lighted3 pts

Notes of Decisions

Cited in 9 cases (3 in the last 5 years), 1989–2023 · leading case: State v. Proctor, 161 So. 3d 409 (Fla. 5th DCA 2014).

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State v. Proctor, 161 So. 3d 409 (Fla. 5th DCA 2014). · cites it 7× “2 Utilizing the objective test outlined in both Holland and Whren , we conclude that Officer Lovett had probable cause to stop *412 Proctor for driving without his headlights activated, in violation of section 316.217(1)(a), Florida Statutes (2010).”

Andrews v. State, 540 So. 2d 210 (Fla. 4th DCA 1989). · cites it 2× “Appellant moved to suppress the cocaine claiming that section 316.217, Florida Statutes (1987) did not require the lights to be on prior to sunset.”

Indialantic Police Dept. v. Zimmerman, 677 So. 2d 1307 (Fla. 5th DCA 1996). “4th DCA 1989); §§ 316.217, 316.221, Fla. Stat. (1993); Whren and Brown v.”

Newton v. Caterpillar Fin. Servs. Corp., 209 So. 3d 612 (Fla. 2d DCA 2016). “See §§ 316.217(1) (imposing headlight requirements for “[ejvery vehicle operated upon a highway within this state” (emphasis added)); .”

Classy Cycles, Inc. v. Bay Cnty., 201 So. 3d 779 (Fla. 1st DCA 2016). “216 (approval of lighting devices), § 316.217 (when lighted lamps are required), § 316.”

DeGroat v. State, 583 So. 2d 1105 (Fla. 5th DCA 1991). · cites it 2× “We hold as a matter of law that, with or without any subjective suspicions as to any other criminal activity, a reasonable law enforcement officer with the duty or authority to enforce traffic laws of this state should, and would, stop a vehicle moving on the highway at night…”

Bowman v. Hunter (M.D. Fla. 2023). · cites it 2× “See Fla. Stat. §§ 316.217 (1)(a), 316.221(1) (2020).”

Anita Andrews v. Brandon Marshall (11th Cir. 2021). “As an initial matter, no one disputes that Fla. Stat. §§ 316.217 (1) and 316.220(1) authorized Deputy Marshall to pull O’Bryant over for driving a vehicle with a broken headlight.”

Head v. Bernard (M.D. Fla. 2023). “See §§ 316.217(1)(a), 316.221(1), Fla. Stat. (2021).”

— 316.217(1) — 1 case

— 316.217(1)(a) — 2 cases

State v. Proctor, 161 So. 3d 409 (Fla. 5th DCA 2014). “2 Utilizing the objective test outlined in both Holland and Whren , we conclude that Officer Lovett had probable cause to stop *412 Proctor for driving without his headlights activated, in violation of section 316.217(1)(a), Florida Statutes (2010).”

Head v. Bernard (M.D. Fla. 2023). “See §§ 316.217(1)(a), 316.221(1), Fla. Stat. (2021).”

— 316.217(4) — 1 case

— 316.217(l)(a) — 1 case

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