Florida Statute 316.217 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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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.

(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.

F.S. 316.217 on Google Scholar

F.S. 316.217 on CourtListener

Amendments to 316.217

Annotations, Discussions, Cases:

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

Cases Citing Statute 316.217

Total Results: 6

Thomas E. Terrell v. Steve Smith

668 F.3d 1244, 2012 WL 255327, 2012 U.S. App. LEXIS 1689

Court of Appeals for the Eleventh Circuit | Filed: Jan 30, 2012 | Docket: 354467

Cited 47 times | Published

lamps ... from sunset to sunrise.” Id. § 316.217(l)(a). Failure to comply with the illuminated

Andrews v. State

540 So. 2d 210, 1989 WL 24749

District Court of Appeal of Florida | Filed: Mar 22, 1989 | Docket: 1219367

Cited 4 times | Published

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

Classy Cycles, Inc. v. Bay County

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

District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 60257072

Published

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

State v. Proctor

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

District Court of Appeal of Florida | Filed: Feb 21, 2014 | Docket: 60247129

Published

his headlights activated, in violation of section 316.217(1)(a), Florida Statutes (2010).3 To the extent

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

622 So. 2d 1169, 1993 Fla. App. LEXIS 8760, 1993 WL 323151

District Court of Appeal of Florida | Filed: Aug 27, 1993 | Docket: 64698271

Published

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

DeGroat v. State

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

District Court of Appeal of Florida | Filed: Aug 1, 1991 | Docket: 64660739

Published

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