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Florida Statute 316.1975 | Lawyer Caselaw & Research
F.S. 316.1975 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 316.1975

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.1975
316.1975 Unattended motor vehicle.
(1) A person driving or in charge of any motor vehicle may not permit it to stand unattended without first stopping the engine, locking the ignition, and removing the key. A vehicle may not be permitted to stand unattended upon any perceptible grade without stopping the engine and effectively setting the brake thereon and turning the front wheels to the curb or side of the street. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
(2) This section does not apply to the operator of:
(a) An authorized emergency vehicle while in the performance of official duties and the vehicle is equipped with an activated antitheft device that prohibits the vehicle from being driven;
(b) A licensed delivery truck or other delivery vehicle while making deliveries;
(c) A solid waste or recovered materials collection vehicle while collecting such items; or
(d) A vehicle that is started by remote control while the ignition, transmission, and doors are locked.
(3) This section does not apply to a fully autonomous vehicle operating with the automated driving system engaged.
History.s. 1, ch. 71-135; s. 1, ch. 76-31; ss. 3, 148, ch. 99-248; s. 103, ch. 2002-20; s. 2, ch. 2002-23; s. 11, ch. 2014-216; s. 5, ch. 2019-101.
Note.Former s. 316.097.

F.S. 316.1975 on Google Scholar

F.S. 316.1975 on Casetext

Amendments to 316.1975


Arrestable Offenses / Crimes under Fla. Stat. 316.1975
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.1975.


Civil Citations / Citable Offenses under S316.1975
R or S next to points is Mandatory Revocation or Suspension

S316.1975 UNATTENDED VEHICLE left running/keys in ignition/wheels not turned to curb - Points on Drivers License: 0
S316.1975 (1) Unattended vehicle left running/keys in ignition/wheels not turned to curb - Points on Drivers License: 0


Annotations, Discussions, Cases:

Cases from cite.case.law:

DEMELUS, v. KING MOTOR COMPANY OF FORT LAUDERDALE,, 24 So. 3d 759 (Fla. Dist. Ct. App. 2009)

. . . The former section 316.097 is now found in a slightly-reworded form at section 316.1975(1), Florida Statutes . . .

GRAHAM, v. W. STEPHENS,, 779 So. 2d 649 (Fla. Dist. Ct. App. 2001)

. . . Section 316.1975(1), Florida Statutes (2000), provides: Unattended motor vehicle.— (1) A person driving . . .

MICHAEL PHILIP, INC. d b a v. SIERRA,, 776 So. 2d 294 (Fla. Dist. Ct. App. 2000)

. . . See § 316.1975, Fla. Slat. . . .

EATON CONSTRUCTION COMPANY, v. EDWARDS,, 617 So. 2d 858 (Fla. Dist. Ct. App. 1993)

. . . Eaton contends that the trial court erred in instructing the jury that a violation of section 316.1975 . . . 1991), rev. denied, 599 So.2d 655 (Fla.1992) we specifically addressed the applicability of section 316.1975 . . . , which provides as follows: 316.1975 Unattended motor vehicle.— No person driving or in charge of any . . . In Reteneller, we stated that the trial court correctly held that section 316.1975 was inapplicable to . . . We conclude that the trial court erred when it instructed the jury concerning section 316.1975 and that . . .

L. RETENELLER, Jr. v. PUTNAM,, 589 So. 2d 328 (Fla. Dist. Ct. App. 1991)

. . . no theory would support recovery against these defendants because of the inapplicability of section 316.1975 . . . with the trial judge that it is distinguishable from the instant factual situation because section 316.1975 . . .

L. CLARK, v. MERRITT,, 480 So. 2d 649 (Fla. Dist. Ct. App. 1985)

. . . Section 316.1975, Florida Statutes (1981), reads in pertinent part: No person driving or in charge of . . . The vehicle was attended; therefore, the appellee should not have benefit of section 316.1975, Florida . . .

MITCHELL, v. ROBBINS,, 447 So. 2d 1034 (Fla. Dist. Ct. App. 1984)

. . . operator’s failure to remove keys from the ignition, presents a jury question, notwithstanding section 316.1975 . . .

OWEN, v. WAGNER,, 426 So. 2d 1262 (Fla. Dist. Ct. App. 1983)

. . . It is true that Vining holds that it is negligence per se when anyone violates section 316.1975, Florida . . . Further, when an injured party alleges facts showing that a violation of section 316.1975, Florida Statutes . . . court contains no allegations or argument that the cause of action was based on a violation of section 316.1975 . . .

COMMERCIAL CARRIER CORPORATION, v. S. J. G. CORPORATION, d b a A-, 409 So. 2d 50 (Fla. Dist. Ct. App. 1981)

. . . The first theory is negligence per se, predicated on Section 316.1975, Florida Statutes (1979), which . . . While Kenney may well be liable to appellant by virtue of his alleged violation of section 316.1975, . . .

VINING v. AVIS RENT- A- CAR SYSTEMS, INC., 378 So. 2d 280 (Fla. 1979)

. . . I would hold that section 316.1975, Florida Statutes (1977), is unconstitutional as a denial of equal . . . general principles of our tort law without relying on the statute to show violation of a duty of care. . 316.1975 . . .