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Florida Statute 316.217 | Lawyer Caselaw & Research
F.S. 316.217 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 316.217

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
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.
(c) Stop lights, turn signals, and other signaling devices shall be lighted as prescribed for use of such devices.
(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.
(c) The law enforcement vehicle is operated in compliance with agency policy.
(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 Casetext

Amendments to 316.217


Arrestable Offenses / Crimes under Fla. Stat. 316.217
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.217.


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


Annotations, Discussions, Cases:

Cases from cite.case.law:

NEWTON, v. CATERPILLAR FINANCIAL SERVICES CORPORATION C J LLC, a, 209 So. 3d 612 (Fla. Dist. Ct. App. 2016)

. . . See §§ 316.217(1) (imposing headlight requirements for “[ejvery vehicle operated upon a highway within . . .

CLASSY CYCLES, INC. v. BAY COUNTY, a a, 201 So. 3d 779 (Fla. Dist. Ct. App. 2016)

. . . signal lamps), § 316.215 (vehicles in unsafe condition), § 316.216 (approval of lighting devices), § 316.217 . . .

STATE v. PROCTOR,, 161 So. 3d 409 (Fla. Dist. Ct. App. 2014)

. . . probable cause to stop Proctor for driving without his headlights activated, in violation of section 316.217 . . . Section 316.217(l)(a), Florida Statutes (2010) entitled, "When lighted lamps are required,” provides: . . . he could safely drive the short distance before turning on his headlights as acknowledged by section 316.217 . . . The statute is clear that a violation of section 316.217(l)(a) is a "noncriminal traffic infraction, . . . punishable as a moving traffic violation 316.217(5), Fla. . . .

E. TERRELL, F. F. v. SMITH, a, 668 F.3d 1244 (11th Cir. 2012)

. . . . § 316.217(l)(a). . . . Id. § 316.217(5). . . .

PAUL, v. STATE, 991 So. 2d 404 (Fla. Dist. Ct. App. 2008)

. . . be equipped with at least two taillamps mounted on the rear, which, when lighted as required in s. 316.217 . . .

UNITED STATES v. ST. LOUIS,, 255 F. App'x 432 (11th Cir. 2007)

. . . . §§ 316.221, 316.217(l)(a). . . .

STATE v. SCHUCK,, 913 So. 2d 69 (Fla. Dist. Ct. App. 2005)

. . . be equipped with at least two taillamps mounted on the rear, which, when lighted as required in s. 316.217 . . .

HILTON, v. STATE, 901 So. 2d 155 (Fla. Dist. Ct. App. 2005)

. . . be equipped with at least two taillamps mounted on the rear, which, when lighted as required in s. 316.217 . . .

INDIALANTIC POLICE DEPARTMENT, v. ZIMMERMAN,, 677 So. 2d 1307 (Fla. Dist. Ct. App. 1996)

. . . State, 540 So.2d 210 (Fla. 4th DCA 1989); §§ 316.217, 316.221, Fla. . . .

DOCTOR, v. STATE, 596 So. 2d 442 (Fla. 1992)

. . . be equipped with at least two taillamps mounted on the rear, which, when lighted as required in s. 316.217 . . .

DeGROAT, v. STATE, 583 So. 2d 1105 (Fla. Dist. Ct. App. 1991)

. . . Section 316.217, Florida Statutes, provides that every vehicle operated upon highways within this state . . .

RUSIN v. STATE OF FLORIDA, 49 Fla. Supp. 2d 33 (Fla. Cir. Ct. 1991)

. . . failure to observe a single lane and failure to drive with headlights, pursuant to F.S. 316.089(1) and 316.217 . . .

ANDREWS, v. STATE, 540 So. 2d 210 (Fla. Dist. Ct. App. 1989)

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

STATE v. FERNANDEZ,, 526 So. 2d 192 (Fla. Dist. Ct. App. 1988)

. . . Because this was a violation of sections 316.217(1) and 316.-221(2), Florida Statutes (1985), they pulled . . . thoroughly edible fruit of a constitutionally sound tree and the order suppressing it is Reversed. . 316.217 . . .

WILHELM, v. STATE, 515 So. 2d 1343 (Fla. Dist. Ct. App. 1987)

. . . be equipped with at least two taillamps mounted on the rear, which, when lighted as required in s. 316.217 . . .

STATE OF FLORIDA v. COMEAU, 26 Fla. Supp. 2d 72 (Volusia Cty. Ct. 1987)

. . . vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in s. 316.217 . . .

STATE v. CLARK,, 511 So. 2d 726 (Fla. Dist. Ct. App. 1987)

. . . vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in s. 316.217 . . .

STATE OF FLORIDA v. RHEA, 7 Fla. Supp. 2d 25 (Fla. Cir. Ct. 1984)

. . . Driving License Restriction in Violation of Florida Statute 322.16 and a violation of Florida Statute 316.217 . . .

STATE v. LEE, STATE v. G. JULIO,, 356 So. 2d 276 (Fla. 1978)

. . . .-198, 316.205, 316.206, 316.217, 316.236, 316.-238, 316.2431, or 339.30(l)(a), (b), (c), (d), (g), or . . .

J. ELLISON, a v. A. CRIBB, Jr., 271 So. 2d 174 (Fla. Dist. Ct. App. 1972)

. . . . §§ 317.461 (now 316.217), and 317.872 (now 316.249), F.S. . Parker v. . . .