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Florida Statute 316.2952 | Lawyer Caselaw & Research
F.S. 316.2952 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 316.2952

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.2952
316.2952 Windshields; requirements; restrictions.
(1) A windshield in a fixed and upright position, which windshield is equipped with safety glazing as required by federal safety-glazing material standards, is required on every motor vehicle which is operated on the public highways, roads, and streets, except on a motorcycle or implement of husbandry.
(2) A person shall not operate any motor vehicle on any public highway, road, or street with any sign, sunscreening material, product, or covering attached to, or located in or upon, the windshield, except the following:
(a) A certificate or other paper required to be displayed by law.
(b) Sunscreening material along a strip at the top of the windshield, so long as such material is transparent and does not encroach upon the driver’s direct forward viewing area as more particularly described and defined in Federal Motor Vehicle Safety Standards No. 205 as the AS/1 portion of the windshield.
(c) A device, issued by a governmental entity as defined in s. 334.03, or its designee, for the purpose of electronic toll payments.
(d) A global positioning system device or similar satellite receiver device that uses the global positioning system operated pursuant to 10 U.S.C. s. 2281 to obtain navigation, to improve driver safety as a component of safety monitoring equipment capable of providing driver feedback, or to otherwise route information while the motor vehicle is being operated.
(3) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be constructed as to be controlled or operated by the driver of the vehicle.
(4) Every windshield wiper upon a motor vehicle shall be maintained in good working order.
(5) Grove equipment, including “goats,” “highlift-goats,” grove chemical supply tanks, fertilizer distributors, fruit-loading equipment, and electric-powered vehicles regulated under the provisions of s. 316.267, are exempt from the requirements of this section. However, such electric-powered vehicles shall have a windscreen approved by the department sufficient to give protection from wind, rain, or insects, and such windscreen shall be in place whenever the vehicle is operated on the public roads and highways.
(6) A former military vehicle is exempt from the requirements of this section if the department determines that the exemption is necessary to maintain the vehicle’s accurate military design and markings. However, whenever the vehicle is operating on the public roads and highways, the operator and passengers must wear eye-protective devices approved by the department. For purposes of this subsection, “former military vehicle” means a vehicle, including a trailer, regardless of the vehicle’s size, weight, or year of manufacture, that was manufactured for use in any country’s military forces and is maintained to represent its military design and markings accurately.
(7) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.s. 1, ch. 84-296; s. 15, ch. 93-164; s. 208, ch. 99-248; s. 1, ch. 2003-286; s. 1, ch. 2005-47; s. 8, ch. 2010-223; s. 13, ch. 2014-216.

F.S. 316.2952 on Google Scholar

F.S. 316.2952 on Casetext

Amendments to 316.2952


Arrestable Offenses / Crimes under Fla. Stat. 316.2952
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.2952.


Civil Citations / Citable Offenses under S316.2952
R or S next to points is Mandatory Revocation or Suspension

S316.2952 (1) WINDSHIELDS - Not equipped or upright - Points on Drivers License: 0
S316.2952 (2) WINDSHIELDS - Sign/covering/sunscreen material on - Points on Drivers License: 0
S316.2952 (2)(b) Improper Sunscreen at top of windshield - Points on Drivers License: 0
S316.2952 (3) WINDSHIELD WIPERS - none - Points on Drivers License: 0
S316.2952 (4) WINDSHIELD WIPERS - faulty - Points on Drivers License: 0
S316.2952 (5) Windscreen required on grove equipment - Points on Drivers License: 0


Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . crack under the “ ‘not in proper adjustment or repair’ provision of subsection (1)”; because section 316.2952 . . .

SWAGERTY, v. STATE, 982 So. 2d 19 (Fla. Dist. Ct. App. 2008)

. . . Similarly, section 316.2952 requires a windshield on vehicles, but does not address or prohibit cracks . . . See § 316.2952, Fla. Stat. (2001). . . .

HILTON, v. STATE, 961 So. 2d 284 (Fla. 2007)

. . . The court initially stated that while section 316.2952 of the Florida Statutes (2001) mandates that cars . . . The Second District concluded that because a windshield is required by section 316.2952, it is a violation . . . See § 316.2952, Fla. Stat. (2001). . . . Similarly, section 316.2952 requires a windshield on vehicles, but does not address or prohibit cracks . . . See § 316.2952, Fla. Stat. (2001). . . . majority gives an unreasonable construction to section 316.610, Florida Statutes (2001), and section 316.2952 . . . Moreover, reasonable statutory construction dictates that the requirement of section 316.2952 for a windshield . . . This is the very reason that section 316.2952 requires a device to keep the windshield cleared from moisture . . .

STATE v. HOWARD,, 909 So. 2d 390 (Fla. Dist. Ct. App. 2005)

. . . Section 316.2952(1), Florida Statutes (2004), requires motor vehicles such as Appellee’s car operating . . . However, section 316.2952 “says nothing about cracks.” Hilton I, 29 Fla. L. Weekly at D1475. . . . lamps and other equipment in proper condition and adjustment as required in this chapter,” yet section 316.2952 . . . Hilton II construed sections 316.2952 and 316.610(1) as establishing that the officers had lawfully stopped . . .

STATE v. O. BURKE,, 902 So. 2d 955 (Fla. Dist. Ct. App. 2005)

. . . Section 316.2952, Florida Statutes (2003), provides that a windshield is required on every motor vehicle . . .

GORDON, v. STATE, 901 So. 2d 399 (Fla. Dist. Ct. App. 2005)

. . . Section 816.2952(2) We turn now to an examination of section 316.2952(2), the other statutory basis for . . . Section 316.2952(2) is also part of the Florida Uniform Traffic Control Law. . . . Pursuant to section 316.2952(6), a violation of section 316.2952(2) is a noncriminal traffic infraction . . . The analysis of section 316.2952(2) is similar to the analysis of section 316.2004(2)(b). . . . Section 316.2952(2) prohibits operating a motor vehicle “with any sign, sunscreening material, product . . .

E. IVORY, v. STATE, 898 So. 2d 184 (Fla. Dist. Ct. App. 2005)

. . . Section 316.2952, Florida Statutes, provides that a vehicle must have a windshield, and section 316..610 . . .

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

. . . Section 316.2952, Florida Statutes (2001), provides that a windshield is required on every motor vehicle . . . Because a windshield is required by this chapter, § 316.2952, it is a violation of this section to drive . . . Therefore, even if section 316.2952 or section 316.610 stated that a cracked windshield would be a traffic . . . In contrast, a windshield is required by statute. § 316.2952. . . . The requirements for windshields are set forth in section 316.2952. . . . Section 316.2952, Florida Statutes (2002), provides: (1) A windshield in a fixed and upright position . . .

DORELUS, v. STATE, 747 So. 2d 368 (Fla. 1999)

. . . We note that sections 316.2952-316.2956, Florida Statutes (1997), enacted in 1984, prohibit excessively . . .

STATE v. DANIEL,, 665 So. 2d 1040 (Fla. 1995)

. . . Section 316.2952(4), Florida Statutes (1991), states: Every windshield wiper upon a motor vehicle shall . . .