Florida Statute 316.655 - 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. 316.655

316.655 Penalties.—

(1) A violation of any of the provisions of this chapter, except those violations with a specific criminal charge, as enumerated in s. 318.17, are infractions, as defined in s. 318.13(3). Except for violations of s. 316.302, infractions of this chapter are punishable as provided in chapter 318. Any person convicted of a violation of or otherwise found to be in violation of s. 316.063, s. 316.3025, s. 316.516, s. 316.545, or s. 316.550 shall be punished as specifically provided in that section.

(2) A driver convicted of a violation of any offense prohibited by this chapter or any other law of this state regulating motor vehicles, which resulted in an accident, may have his or her driving privileges revoked or suspended by the court if the court finds such revocation or suspension warranted by the totality of the circumstances resulting in the conviction and the need to provide for the maximum safety for all persons who travel on or who are otherwise affected by the use of the highways of the state. In determining whether suspension or revocation is appropriate, the court shall consider all pertinent factors, including, but not limited to, such factors as the extent and nature of the driver’s violation of this chapter, the number of persons killed or injured as the result of the driver’s violation of this chapter, and the extent of any property damage resulting from the driver’s violation of this chapter.

History.—s. 1, ch. 71-135; s. 2, ch. 74-377; ss. 1, 4, ch. 76-31; s. 1, ch. 77-174; s. 3, ch. 77-456; s. 15, ch. 81-218; s. 6, ch. 83-218; s. 20, ch. 84-359; s. 3, ch. 85-87; s. 18, ch. 86-296; s. 1, ch. 87-246; s. 8, ch. 87-270; s. 2, ch. 87-378; s. 6, ch. 92-165; s. 65, ch. 94-209; s. 11, ch. 94-306; s. 906, ch. 95-148; s. 8, ch. 95-247; s. 26, ch. 95-267; s. 40, ch. 96-350; s. 45, ch. 97-300; s. 15, ch. 2012-181.

Note.—Former s. 316.026.

F.S. 316.655 on Google Scholar

F.S. 316.655 on CourtListener

Amendments to 316.655

Annotations, Discussions, Cases:

Cases Citing Statute 316.655

Total Results: 29

Gasset v. State

490 So. 2d 97, 11 Fla. L. Weekly 1014

District Court of Appeal of Florida | Filed: Apr 29, 1986 | Docket: 1743393

Cited 20 times | Published

driving and fleeing or eluding an officer, see § 316.655(1), (4), Fla. Stat. (1985), thereby indicating

Stoletz v. State

875 So. 2d 572, 2004 WL 1119362

Supreme Court of Florida | Filed: May 20, 2004 | Docket: 1683994

Cited 14 times | Published

her license was permanently revoked under section 316.655(2), Florida Statutes (1999). Stoletz appealed

Houle v. State

33 So. 3d 822, 2010 Fla. App. LEXIS 5588, 2010 WL 1692535

District Court of Appeal of Florida | Filed: Apr 28, 2010 | Docket: 291839

Cited 11 times | Published

privileges pursuant to section 316.655(2), not section 322.28(4)(a). Section 316.655(2) may not be used to

Whirley v. State

450 So. 2d 836

Supreme Court of Florida | Filed: May 17, 1984 | Docket: 1433500

Cited 11 times | Published

violation of any provision of chapter 316" and section 316.655, which read in pertinent part: (1) A violation

Whipple v. State

789 So. 2d 1132, 2001 WL 716760

District Court of Appeal of Florida | Filed: Jun 27, 2001 | Docket: 2535894

Cited 10 times | Published

motion to withdraw plea, the court held that section 316.655 empowered the court to suspend or terminate

Cheatem v. State

416 So. 2d 35

District Court of Appeal of Florida | Filed: Jun 30, 1982 | Docket: 1225349

Cited 7 times | Published

and 316.610 were deemed to be infractions by section 316.655(1), Florida Statutes (1977). In turn, an infraction

Bischoff v. Florida

242 F. Supp. 2d 1226, 2003 U.S. Dist. LEXIS 670, 2003 WL 147531

District Court, M.D. Florida | Filed: Jan 3, 2003 | Docket: 2312592

Cited 6 times | Published

dollar fine. Fla. Stat. § 316.2045(1); Fla. Stat. § 316.655(1); Fla. Stat. § 318.13(3); Fla. Stat. § 318.18(1)(a);

Everett v. State

435 So. 2d 955

District Court of Appeal of Florida | Filed: Aug 5, 1983 | Docket: 1328168

Cited 6 times | Published

were to be charged with those violations, see section 316.655, Fla. Stat. (1981), or if, as in a civil action

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238161

Cited 5 times | Published

[suspended] [revoked] [canceled] pursuant to Florida Statute [316.655] [322.26(8) ] [322.27(2) ]_[322.28(2)

State v. Smith

584 So. 2d 145, 1991 WL 150412

District Court of Appeal of Florida | Filed: Aug 9, 1991 | Docket: 466692

Cited 4 times | Published

infractions rather than criminal offenses. See § 316.655, Fla. Stat. (1989). See also Ch. 318, Fla. Stat

Stangarone v. State

94 So. 3d 652, 2012 WL 3101520, 2012 Fla. App. LEXIS 12519

District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60310932

Cited 2 times | Published

under the broad and discretionary language of section 316.655(2), which would allow the DMV to consider his

Myers v. State

426 So. 2d 986

District Court of Appeal of Florida | Filed: Jan 5, 1983 | Docket: 1283634

Cited 2 times | Published

to do so is to be punished as provided in Section 316.655, which clearly identifies the offense as an

City of Aventura v. Masone

89 So. 3d 233, 2011 WL 5964359, 2011 Fla. App. LEXIS 19039

District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 60308732

Cited 1 times | Published

thus expressly preempted by state law. (2) Section 316.655 provides that all traffic infractions be punished

Snow v. State

138 So. 3d 1153, 2014 WL 2106054, 2014 Fla. App. LEXIS 7629

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60240513

Published

[driver’s license] was [suspended] pursuant to Florida Statute [316.655]. 3. As a result of the careless or negligent

Ago

Florida Attorney General Reports | Filed: Apr 20, 2005 | Docket: 3258463

Published

unincorporated area of the county." Prior to 1996, section 316.655(7), Florida Statutes (1995), provided: "In

Stoletz v. State

842 So. 2d 866, 2003 Fla. App. LEXIS 308, 2003 WL 131694

District Court of Appeal of Florida | Filed: Jan 17, 2003 | Docket: 64822160

Published

Stoletz’s driving privileges pursuant to section 316.655(2). On appeal, Ms. Stoletz argues that the

Reed v. State

744 So. 2d 1090, 1999 Fla. App. LEXIS 12714, 1999 WL 767423

District Court of Appeal of Florida | Filed: Sep 29, 1999 | Docket: 64792184

Published

suspension of his driver’s license pursuant to section 316.655(2), Florida Statutes. Reed was involved in

Ago

Florida Attorney General Reports | Filed: Oct 16, 1997 | Docket: 3255232

Published

unincorporated area of the county." Prior to 1996, section 316.655(7), Florida Statutes (1995), provided: "In

State v. Garcia

696 So. 2d 1352, 1997 Fla. App. LEXIS 8494, 1997 WL 413812

District Court of Appeal of Florida | Filed: Jul 25, 1997 | Docket: 64775093

Published

summons for a civil infraction pursuant to Section 316.655(1) and (2), Florida Statutes.

Ago

Florida Attorney General Reports | Filed: Apr 27, 1994 | Docket: 3255608

Published

Beach utilize the fees collected pursuant to section 316.655(6), Florida Statutes, to upgrade the city's

State v. Smith

624 So. 2d 355, 1993 Fla. App. LEXIS 9414, 1993 WL 356914

District Court of Appeal of Florida | Filed: Sep 17, 1993 | Docket: 64742977

Published

punishable by a civil penalty pursuant to section 316.655(1)(3), Florida Statutes (1991), rather than

Ago

Florida Attorney General Reports | Filed: Aug 23, 1993 | Docket: 3258309

Published

shall be punished as set forth in s. 316.655." Section 316.655, F.S., is a penalty provision and makes violations

Salvador v. State

601 So. 2d 227, 1992 Fla. App. LEXIS 639, 1992 WL 16023

District Court of Appeal of Florida | Filed: Jan 29, 1992 | Docket: 64668605

Published

traffic infraction or offense. See generally § 316.655, Fla. Stat. (1989). Reversed and remanded. CAMPBELL

Department of Highway Safety & Motor Vehicles v. Heredia

520 So. 2d 61, 13 Fla. L. Weekly 318, 1988 Fla. App. LEXIS 347, 1988 WL 6046

District Court of Appeal of Florida | Filed: Feb 2, 1988 | Docket: 64632715

Published

particularly in view of the subsequent passage of Section 316.655(5), Florida Statutes (1987), which, as we read

J.R.S. v. State

483 So. 2d 834, 11 Fla. L. Weekly 544, 1986 Fla. App. LEXIS 6496

District Court of Appeal of Florida | Filed: Feb 26, 1986 | Docket: 64617549

Published

traffic offense. § 316.635, Fla.Stat. (1983). Section 316.655(4), Florida Statutes (1983), states that “any

Ago

Florida Attorney General Reports | Filed: Jan 26, 1984 | Docket: 3256771

Published

which by their nature can have no application. Section 316.655, F.S., provides in relevant part: (1)

Miller v. State

442 So. 2d 419, 1983 Fla. App. LEXIS 25261

District Court of Appeal of Florida | Filed: Dec 21, 1983 | Docket: 64601554

Published

(2), 775.-08(2), (3), reproduced above, and section 316.655:4 316.655 Penalties.— (1) A violation of the

State v. Armstrong

428 So. 2d 261, 1982 Fla. App. LEXIS 21461

District Court of Appeal of Florida | Filed: Oct 27, 1982 | Docket: 64595706

Published

circuit court. The circuit court determined that section 316.655, Florida Statutes (1981), did not permit such

Thompson v. Office of the Public Defender of the Ninth Judicial Circuit In & For Orange County

387 So. 2d 541, 1980 Fla. App. LEXIS 17137

District Court of Appeal of Florida | Filed: Sep 10, 1980 | Docket: 64577912

Published

our way through the statutes we next examine section 316.-655, Florida Statutes (1979), which reads in part: