Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 316.80 | Lawyer Caselaw & Research
F.S. 316.80 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 316.80

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.80
316.80 Unlawful conveyance of fuel; obtaining fuel fraudulently.
(1) It is unlawful for any person to maintain, or possess any conveyance or vehicle that is equipped with, fuel tanks, bladders, drums, or other containers that do not conform to 49 C.F.R. or have not been approved by the United States Department of Transportation for the purpose of hauling, transporting, or conveying motor or diesel fuel over any public highway. Any person who violates any provision of this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and, in addition, is subject to the revocation of driver license privileges as provided in s. 322.26.
(2) A person who violates subsection (1) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if he or she has attempted to or has fraudulently obtained motor or diesel fuel by:
(a) Presenting a credit card or a credit card account number in violation of ss. 817.57-817.685;
(b) Using unauthorized access to any computer network in violation of s. 815.06; or
(c) Using a fraudulently scanned or lost or stolen payment access device, whether credit card or contactless device.
(3) All conveyances or vehicles, fuel tanks, related fuel, and other equipment described in subsection (1) shall be subject to seizure and forfeiture as provided by the Florida Contraband Forfeiture Act.
(4) The law enforcement agency that seizes the motor or diesel fuel under this section shall remove and reclaim, recycle, or dispose of all associated motor or diesel fuel as soon as practicable in a safe and proper manner from the illegal containers.
(5) Upon conviction of the person arrested for the violation of any of the provisions of this section, the judge shall issue an order adjudging and declaring that all fuel tanks and other equipment used in violation of this section shall be forfeited and directing their destruction, with the exception of the conveyance or vehicle.
(6) Any person convicted of a violation of this section shall be responsible for:
(a) All reasonable costs incurred by the investigating law enforcement agency, including costs for the towing and storage of the conveyance or vehicle, the removal and disposal of the motor or diesel fuel, and the storage and destruction of all fuel tanks and other equipment described and used in violation of subsection (1); and
(b) Payment for the fuel to the party from whom any associated motor or diesel fuel was fraudulently obtained.
(7) This section does not apply to containers of 8 gallons or less.
History.s. 71, ch. 2002-20; s. 1, ch. 2016-173; s. 111, ch. 2019-167.

F.S. 316.80 on Google Scholar

F.S. 316.80 on Casetext

Amendments to 316.80


Arrestable Offenses / Crimes under Fla. Stat. 316.80
Level: Degree
Misdemeanor/Felony: First/Second/Third

S316.80 1 - TRANS DANGEROUS MATERIAL - RENUMBERED. SEE REC # 7968 - F: S
S316.80 1 - TRANS DANGEROUS MATERIAL - UNLAWFUL CONVEYANCE OF FUEL - F: T
S316.80 2 - FRAUD - RENUMBERED. SEE REC # 7969 - F: T
S316.80 2 - FRAUD - RENUMBERED. SEE REC # 8709 - F: S
S316.80 2a - FRAUD - OBT FUEL BY FRAUD CREDIT CARD OR CC ACCT NUM - F: S
S316.80 2b - FRAUD - OBT FUEL BY FRAUD UNAUTH ACCESS COMPUT NETWORK - F: S
S316.80 2c - FRAUD - OBT FUEL BY FRAUD SCAN LOST STOLEN PYMT DEV - F: S


Civil Citations / Citable Offenses under S316.80
R or S next to points is Mandatory Revocation or Suspension

S316.80 (1) Unlawful conveyance of fuel in a CMV [(See 322.26(3)] - Points on Drivers License: 0 R
S316.80 (1) Unlawful conveyance of fuel in a NON-CMV (using a motor vehicle in connection with a felony) - Points on Drivers License: 0 R


Annotations, Discussions, Cases:

Cases from cite.case.law:

SALMERON, v. DISTRICT OF COLUMBIA,, 195 F. Supp. 3d 153 (D.D.C. 2016)

. . . (37.54 x $301.75) for work performed between December 2012 and May 2013, and $16,052.76 (52.46 x $ 316.80 . . .

CITY OF HOLLYWOOD, v. MULLIGAN,, 934 So. 2d 1238 (Fla. 2006)

. . . Stat. (2005) (concerning seizure and forfeiture of aircraft for various violations); ยงยง 206.205, 316.80 . . .

J. HEALEY, v. R. LABGOLD,, 271 F. Supp. 2d 303 (D.D.C. 2003)

. . . $27,730.30 2/18/2002 90450871 $ 877.90 $28,608.20 3/18/2002 90457428 $ 49.35 $28,657.55 5/28/2002 90473065 $ 316.80 . . .

GENERAL STAR INDEMNITY COMPANY, v. CUSTOM EDITIONS UPHOLSTERY CORP. P. C., 940 F. Supp. 645 (S.D.N.Y. 1996)

. . . $3,324.93; BAS Design, Inc., for $3,058; Alan and Michele Kapson, for $3,500; and Eleanor Windman, for $316.80 . . .

In WELLINGTON CONSTRUCTION CORPORATION, C. PONGETTI, v. MERCHANTS AND FARMERS BANK,, 82 B.R. 424 (Bankr. N.D. Miss. 1987)

. . . Since this advance exceeds the total amount of the three transfers, i.e., $34,-316.80, the bank states . . .

In DOZIER WHOLESALE GROCERY CO., 234 F. 169 (S.D. Ala. 1916)

. . . . & Co., whose claims amount, respectively, to $316.80 and $37.82. . . .

BARROWS v. MUTUAL RESERVE LIFE INS. CO., 151 F. 461 (7th Cir. 1907)

. . . the declaration to have been the bimonthly sum of $5.28 upon each $i,000 of insurance, or the sum of $316.80 . . .