Florida Statutes
Fla. Stat. § 316.646 (2025)
Security required; proof of security and display thereof.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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316.646 Security required; proof of security and display thereof.—
(1) Any person required by s. 324.022 to maintain property damage liability security, required by s. 324.023 to maintain liability security for bodily injury or death, or required by s. 627.733 to maintain personal injury protection security on a motor vehicle shall have in his or her immediate possession at all times while operating such motor vehicle proper proof of maintenance of the required security.
(a) Such proof shall be in a uniform paper or electronic format, as prescribed by the department, a valid insurance policy, an insurance policy binder, a certificate of insurance, or such other proof as may be prescribed by the department.
(b)1. The act of presenting to a law enforcement officer an electronic device displaying proof of insurance in an electronic format does not constitute consent for the officer to access any information on the device other than the displayed proof of insurance.
2. The person who presents the device to the officer assumes the liability for any resulting damage to the device.
(2) Upon the demand of a law enforcement officer or other person authorized to issue traffic citations, the operator shall display proper proof of maintenance of security as specified by subsection (1).
(3)(a) Any operator who is the owner or registrant of the vehicle he or she is operating and who violates this section commits a nonmoving traffic infraction subject to the penalty provided in chapter 318 and shall be required to furnish proof of security as provided in this section. If any operator who is the owner or registrant of the vehicle he or she is operating and who is charged with a violation of this section fails to furnish proof at or before the scheduled court appearance date that security was in effect at the time of the violation, the court shall, upon conviction, notify the department to suspend the registration and driver license of such operator. If the court fails to order the suspension of such operator’s registration and driver license for a conviction of this section at the time of sentencing, the department shall, upon receiving notice of the conviction from the court, suspend such operator’s registration and driver license for the violation of this section. Such license and registration may be reinstated only as provided in s. 324.0221.
(b) Any operator who is not the owner or registrant of the vehicle he or she is operating and who violates this section commits a nonmoving traffic infraction subject to the penalty provided in chapter 318.
(4) Any operator presenting proof of insurance as required in subsection (1) who knows that the insurance as represented by such proof of insurance is not currently in force is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(5) The department shall adopt rules to administer this section.
History.—s. 1, ch. 86-182; s. 50, ch. 87-198; s. 3, ch. 88-370; s. 36, ch. 91-224; s. 332, ch. 95-148; s. 6, ch. 95-333; s. 38, ch. 96-350; s. 2, ch. 2007-150; s. 1, ch. 2007-324; s. 11, ch. 2010-223; s. 17, ch. 2013-160; s. 2, ch. 2022-175.
Arrestable Offenses under F.S. 316.646
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§316.646(4)NONMOVING TRAFFIC VIOLDRIVER PRESENT NON CURRENT INSURANCE
Civil Citations under F.S. 316.646
Driver's license points · R = revocation · S = suspension§316.646(1)INSURANCE - FINANCIAL RESPOSIBILITY (NON CMV) Note 15
§316.646(1)INSURANCE - FINANCIAL RESPOSIBILITY (NON CMV) Note 42
§316.646(4)INSURANCE - MISREPRESENTATION OF INSURANCE
Notes of Decisions
Cited in 3
cases, 1996–2016 · leading case: Classy Cycles, Inc. v. Bay Cnty., 201 So. 3d 779 (Fla. 1st DCA 2016).
Classy Cycles, Inc. v. Bay Cnty., 201 So. 3d 779 (Fla. 1st DCA 2016). “7 Section 316.646 states the requirement to maintain property damage liability security, typically insurance.”
Vickers v. State, 677 So. 2d 974 (Fla. 2d DCA 1996). “061, Florida Statutes (1993), and false proof of insurance (count IV), in violation of section 316.646(4), Florida Statutes (1993).”
Kelly v. State, 685 So. 2d 1314 (Fla. 2d DCA 1996). “1 Section 316.646 does not apply to a driver who is not the owner of the car.”
— 316.646(4) — 1 case
Vickers v. State, 677 So. 2d 974 (Fla. 2d DCA 1996). “061, Florida Statutes (1993), and false proof of insurance (count IV), in violation of section 316.646(4), Florida Statutes (1993).”
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