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Florida Statute 316.605 | Lawyer Caselaw & Research
F.S. 316.605 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 316.605

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.605
316.605 Licensing of vehicles.
(1) Every vehicle, at all times while driven, stopped, or parked upon any highways, roads, or streets of this state, shall be licensed in the name of the owner thereof in accordance with the laws of this state unless such vehicle is not required by the laws of this state to be licensed in this state and shall, except as otherwise provided in s. 320.0706 for front-end registration license plates on truck tractors and s. 320.086(5) which exempts display of license plates on described former military vehicles, display the license plate or both of the license plates assigned to it by the state, one on the rear and, if two, the other on the front of the vehicle, each to be securely fastened to the vehicle outside the main body of the vehicle not higher than 60 inches and not lower than 12 inches from the ground and no more than 24 inches to the left or right of the centerline of the vehicle, and in such manner as to prevent the plates from swinging, and all letters, numerals, printing, writing, the registration decal, and the alphanumeric designation shall be clear and distinct and free from defacement, mutilation, grease, and other obscuring matter, so that they will be plainly visible and legible at all times 100 feet from the rear or front. Except as provided in s. 316.2085(3), vehicle license plates shall be affixed and displayed in such a manner that the letters and numerals shall be read from left to right parallel to the ground. No vehicle license plate may be displayed in an inverted or reversed position or in such a manner that the letters and numbers and their proper sequence are not readily identifiable. Nothing shall be placed upon the face of a Florida plate except as permitted by law or by rule or regulation of a governmental agency. No license plates other than those furnished by the state shall be used. However, if the vehicle is not required to be licensed in this state, the license plates on such vehicle issued by another state, by a territory, possession, or district of the United States, or by a foreign country, substantially complying with the provisions hereof, shall be considered as complying with this chapter. A violation of this subsection is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
(2) Any commercial motor vehicle operating over the highways of this state with an expired registration, with no registration from this or any other jurisdiction, or with no registration under the applicable provisions of chapter 320 shall be in violation of s. 320.07(3) and shall subject the owner or operator of such vehicle to the penalty provided. In addition, a commercial motor vehicle found in violation of this section may be detained by any law enforcement officer until the owner or operator produces evidence that the vehicle has been properly registered and that any applicable delinquent penalties have been paid.
History.s. 1, ch. 71-135; s. 1, ch. 76-31; s. 1, ch. 78-55; s. 6, ch. 84-260; s. 58, ch. 85-180; s. 10, ch. 86-243; s. 19, ch. 87-198; s. 26, ch. 91-221; s. 239, ch. 99-248; s. 2, ch. 2005-47; s. 39, ch. 2005-164; s. 18, ch. 2007-196; s. 10, ch. 2010-223; s. 14, ch. 2014-216; s. 66, ch. 2016-239.
Note.Former s. 316.284.

F.S. 316.605 on Google Scholar

F.S. 316.605 on Casetext

Amendments to 316.605


Arrestable Offenses / Crimes under Fla. Stat. 316.605
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.605.


Civil Citations / Citable Offenses under S316.605
R or S next to points is Mandatory Revocation or Suspension

S316.605 TAG - None/Obscured/Defaced/Improper display - Points on Drivers License: 0
S316.605 (1) TAG - None/Obscured/Defaced/Improper display - Points on Drivers License: 0


Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. MORRIS,, 270 So. 3d 436 (Fla. App. Ct. 2019)

. . . License plate frames and whether they violate section 316.605(1), Florida Statutes (2017), are challenged . . . It argues the trial court erred in finding that a license plate frame did not violate section 316.605 . . . Law enforcement conducted a traffic stop of the defendant for violating section 316.605(1). . . . , so that they will be plainly visible and legible at all times 100 feet from the rear or front." § 316.605 . . . Our supreme court has held that the predecessor version of " section 316.605(1) does not distinguish . . .

STATE v. PENA,, 247 So. 3d 61 (Fla. App. Ct. 2018)

. . . ." § 316.605(1), Fla. Stat. (2015). . . . that obscured the word "Florida" at the top of this plate, violating the clear language of section 316.605 . . . Id. at 957 (quoting § 316.605(1), Fla. Stat. (1995) ). . . . "In construing the statute," the appellate court said, "the trial court concluded that section 316.605 . . . In 2015, unlike the 1997 version of section 316.605(1) in St. . . .

UNITED STATES v. HARRIS,, 653 F. App'x 709 (11th Cir. 2016)

. . . . § 316.605(1) (2014) (emphasis added). . . . Harris argues that these obstructions were “de minimis” and did not constitute a violation of § 316.605 . . . Stat. § 316.605(1) (2014) (emphasis added). » In any event, even assuming arguendo that Harris’s license . . . plate frame did not actually violate § 316.605(1) because the alphanumeric designation and registration . . . Under the circumstances, we cannot say Officer Grijalva’s understanding of the scope of § 316.605(1) . . .

D. ENGLISH, v. STATE, 191 So. 3d 448 (Fla. 2016)

. . . conflicting decisions on what constitutes an obstruction to a license plate in violation of section 316.605 . . . We conclude that the plain language of section 316.605(1) is clear and unambiguous, and requires that . . . PROCEDURAL BACKGROUND This case arose from a traffic stop conducted pursuant to a violation of section 316.605 . . . The plain language of section 316.605(1) provides that “the alphanumeric designation shall be clear and . . . Therefore, we hold that section 316.605(1) does not distinguish betweén obscuring matter that is on or . . . Because I would conclude that section 316.605(1), Florida Statutes, is ambiguous, I -respectfully dissent . . . of obscuring matter enumerated in section 316.606(1) include defacement, mutilation, and grease. § 316.605 . . .

MUNROE, v. STATE, 177 So. 3d 320 (Fla. Dist. Ct. App. 2015)

. . . 2015), the trial court denied appellant’s motion to suppress, reading “the plain language of section 316.605 . . . English, 148 So.3d 529, 529-30 (Fla. 5th DCA 2014) (holding that, under the plain reading of section 316.605 . . . State, 11 So.3d 462, 463-64 (Fla. 2d DCA 2009) (concluding that section 316.605(1) requires a “license . . .

BAKER, v. STATE, 164 So. 3d 151 (Fla. Dist. Ct. App. 2015)

. . . affirm the trial court’s denial of the motion to suppress, as we read the plain language of section 316.605 . . . held that an officer had the authority to conduct a traffic stop under the plain reading of section 316.605 . . . Section 316.605, Florida Statutes, provides in pertinent part: (1) Every vehicle, at all times while . . . (quoting § 316.605(1), Fla. Stat.) (emphasis in original). . . . , so that they will be plainly visible and legible at all times 100 feet from the rear or front.” § 316.605 . . .

McKALLY, v. PEREZ,, 87 F. Supp. 3d 1310 (S.D. Fla. 2015)

. . . . § 316.605(1) (alterations added). . . .

STATE v. D. ENGLISH,, 148 So. 3d 529 (Fla. Dist. Ct. App. 2014)

. . . Section 316.605(1), Florida Statutes, provides in pertinent part: Every vehicle, at all times while driven . . . a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. § 316.605 . . . Because we conclude that English’s vehicle was properly stopped pursuant to a violation of section 316.605 . . . license plates must be "plainly visible and legible at all times 100 feet from the rear or front,” § 316.605 . . .

UNITED STATES v. IN UNITED STATES CURRENCY,, 749 F.3d 709 (8th Cir. 2014)

. . . . § 316.605(1)); United States v. . . .

PETITHOMME, v. COUNTY OF MIAMI- DADE,, 511 F. App'x 966 (11th Cir. 2013)

. . . . § 316.605; (2) resisting an officer without violence under Fla. . . . Stat. § 316.605. . . .

JENKINS, v. STATE, 102 So. 3d 739 (Fla. Dist. Ct. App. 2012)

. . . Jenkins with violating section 316.605, Florida Statutes (2009), requiring display of license plates . . . presence — in a manner that allegedly was not plainly visible and legible, because violating section 316.605 . . . See § 316.605(1) (“A violation of this subsection is a noncriminal traffic infraction, punishable as . . .

SOWERBY, v. STATE, 73 So. 3d 329 (Fla. Dist. Ct. App. 2011)

. . . Sow-erby’s car because he had a reasonable suspicion that the car was in violation of that part of section 316.605 . . .

UNITED STATES v. BOYD,, 388 F. App'x 943 (11th Cir. 2010)

. . . Section 316.605(1) requires “all letters, numerals, printing, writing, and other identification marks . . . Stat. § 316.605(1). . . . registration decal on the red car’s license plate was obscured by the vanity frame, a violation of § 316.605 . . . We decline to address Boyd's argument as to the constitutionality of § 316.605 because Sergeant Mosher's . . . support a conclusion that Sergeant Mosher did not have probable cause to believe the car violated § 316.605 . . .

UNITED STATES v. SALINAS,, 665 F. Supp. 2d 717 (W.D. Tex. 2009)

. . . . § 316.605(1) (requiring display of a front license plate only on certain vehicles). . . . .

S. HARRIS, v. STATE, 11 So. 3d 462 (Fla. Dist. Ct. App. 2009)

. . . court erred in denying his motion to suppress because he was improperly stopped for violating section 316.605 . . . matter, so that they will be plainly visible and legible at all times 100 feet from the rear or front. § 316.605 . . . We believe that section 316.605(1), which is all one sentence and contains 196 words, is neither clear . . . We conclude that Harris’s vehicle was improperly stopped pursuant to section 316.605. . . . . § 316.605(1) (emphasis added). . . . The interpretation of section 316.605 set forth in the majority opinion now before us for rehearing disregards . . . It would be unreasonable to read section 316.605(1) as meaning that a plate is visible if it cannot be . . .

CHANEY, v. CITY OF ORLANDO, FLORIDA, a, 483 F.3d 1221 (11th Cir. 2007)

. . . . § 316.605. . . .

STATE v. DIAZ,, 850 So. 2d 435 (Fla. 2003)

. . . In contrast, section 316.605(1), Florida Statutes, which requires that the tag be "plainly visible and . . . license plates must be “plainly visible and legible at all times 100 feet from the rear or front,” § 316.605 . . .

WILLIS, v. STATE, 762 So. 2d 1005 (Fla. Dist. Ct. App. 2000)

. . . Sections 316.605(1) and 320.0605(1) are noncriminal traffic offenses; section 320.02 is a misdemeanor . . .

SANDS, v. STATE, 753 So. 2d 630 (Fla. Dist. Ct. App. 2000)

. . . displaying a tag that was not visible for a distance of at least 100 feet, a violation of subsection 316.605 . . . In this appeal, Sands argues that subsection 316.605(1), the statute with which he was charged, does . . . Although we agree that subsection 316.605(1), does not apply to temporary tags, the investigatory stop . . . Section 316.605, entitled “Licensing of Vehicles,” states in pertinent part, that every vehicle shall . . . The officer testified that he was still writing the ticket for the section 316.605 violation when the . . .

STATE v. PARRISH,, 731 So. 2d 101 (Fla. Dist. Ct. App. 1999)

. . . See §§ 316.221(2), 316.605(1), Fla. Stat. (1995). . . . been authorized at the time, the trial court failed to apply the visibility requirement of section 316.605 . . .

SAVIORY, Jr. v. STATE, 717 So. 2d 200 (Fla. Dist. Ct. App. 1998)

. . . Section 316.605(1) provides that all letters, numerals, printing, writing and other identification marks . . . Section 316.605(1) also requires that a license plate be visible from 100 feet away. . . .

HOLMES, v. STATE, 710 So. 2d 651 (Fla. Dist. Ct. App. 1998)

. . . See §§ 316.221(2), 316.605(1), Fla. Stat. (1995). . . .

STATE v. ST. JEAN,, 697 So. 2d 956 (Fla. Dist. Ct. App. 1997)

. . . This was asserted to be a violation of section 316.605, Florida Statutes (1995). . . . Section 316.605(1), Florida Statutes (1995), provides, in relevant part, that every vehicle on the state . . . In construing the statute, the trial court concluded that section 316.605(1) does not require the county . . . no authority for the proposition that obscuring the county name in such a fashion violates section 316.605 . . . It appears to us that essential to a correct interpretation of section 316.605 is the phrase, “visible . . .

STATE v. GARCIA,, 696 So. 2d 1352 (Fla. Dist. Ct. App. 1997)

. . . Section 316.605, Florida Statutes (1995), provides in pertinent part that license plates be displayed . . . In our view, section 316.605 does not set forth a reasonable standard to justify a traffic stop because . . . Section 316.605, Florida Statutes, in addition to requiring that the “license plate” be fastened “outside . . .

UNITED STATES v. WILLIAMS, 784 F. Supp. 1553 (M.D. Fla. 1991)

. . . . § 316.605(1) (1990). Accordingly, the initial stop of the truck was lawful. B. . . .

WHITING v. STATE OF FLORIDA, 47 Fla. Supp. 2d 53 (Fla. Cir. Ct. 1991)

. . . F.S. 316.605(1) requires every motor vehicle to have attached to its rear a license plate “[w]ith all . . .

UNITED STATES v. DUNKLEY,, 911 F.2d 522 (11th Cir. 1990)

. . . . § 316.605. . . .

STATE v. W. PATRICK,, 437 So. 2d 217 (Fla. Dist. Ct. App. 1983)

. . . Both are required by sections 316.605 and 316.610, Florida Statutes (Supp.1978), respectively. . . .

CHEATEM a k a v. STATE, 416 So. 2d 35 (Fla. Dist. Ct. App. 1982)

. . . Both are required by sections 316.605 and 316.610, Florida Statutes (Supp.1978), respectively. . . . When section 901.25 was amended in 1978 by the Florida Legislature, violations of sections 316.605 and . . . statutes were sections 316.284 and 316.285; and that when the Legislature renumbered the sections to 316.605 . . .