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Florida Statute 316.610 | Lawyer Caselaw & Research
F.S. 316.610 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 316.610

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.610
316.610 Safety of vehicle; inspection.It is a violation of this chapter for any person to drive or move, or for the owner or his or her duly authorized representative to cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person or property, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter, or which is equipped in any manner in violation of this chapter, or for any person to do any act forbidden or fail to perform any act required under this chapter.
(1) Any police officer may at any time, upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the driver of the vehicle to stop and submit the vehicle to an inspection and such test with reference thereto as may be appropriate.
(2) In the event the vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, and the continued operation would probably present an unduly hazardous operating condition, the officer may require the vehicle to be immediately repaired or removed from use. However, if continuous operation would not present unduly hazardous operating conditions, that is, in the case of equipment defects such as tailpipes, mufflers, windshield wipers, marginally worn tires, the officer shall give written notice to require proper repair and adjustment of same within 48 hours, excluding Sunday.
History.s. 1, ch. 71-135; s. 1, ch. 76-31; s. 1, ch. 78-112; s. 24, ch. 83-216; s. 7, ch. 83-298; s. 328, ch. 95-148; s. 17, ch. 2003-286.
Note.Former s. 316.285.

F.S. 316.610 on Google Scholar

F.S. 316.610 on Casetext

Amendments to 316.610


Arrestable Offenses / Crimes under Fla. Stat. 316.610
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.610.


Civil Citations / Citable Offenses under S316.610
R or S next to points is Mandatory Revocation or Suspension

S316.610 Driving vehicle in UNSAFE CONDITION - Points on Drivers License: 0
S316.610 (1) Driving vehicle in UNSAFE CONDITION Note 14 - Points on Drivers License: 0


Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . headsets), §§ 316.500-316.555 (weight and length limits), 316.600 (health and sanitation hazards), § 316.610 . . .

STATE v. WILLIAMS,, 119 So. 3d 544 (Fla. Dist. Ct. App. 2013)

. . . .” § 316.610, Fla. Stat. (2001). . . .

SPRINGER, v. STATE, 125 So. 3d 271 (Fla. Dist. Ct. App. 2013)

. . . Our supreme court wrote that: [i]t is a question of statutory interpretation as to whether section 316.610 . . . Further, the officer testified that the missing mirror rendered the vehicle unsafe, pursuant to section 316.610 . . .

UNITED STATES v. ANDERSON,, 367 F. App'x 30 (11th Cir. 2010)

. . . . § 316.610). . . .

STATE v. TAYLOR,, 16 So. 3d 997 (Fla. Dist. Ct. App. 2009)

. . . the tag to be illuminated at a distance of 40 to 50 feet justified an “inspection stop” under section 316.610 . . .

DAVISON, v. STATE, 15 So. 3d 34 (Fla. Dist. Ct. App. 2009)

. . . . § 316.610, Fla. Stat. (2007). . . .

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

. . . Analysis Section 316.610, Florida Statutes (2002), provides: It is a violation of this chapter for any . . . In Hilton I, we reasoned that section 316.610(1), Florida Statutes (2001), permitted a stop for a cracked . . . Thus, for a stop to be constitutional under the “not in proper adjustment or repair” section of 316.610 . . . defects that violate the law under the statute, and thus allow a stop under section 316.610(1), are . . . The court held in Hilton II that section 316.610 did not authorize an officer to stop a vehicle for any . . .

STATE v. HOWARD,, 983 So. 2d 671 (Fla. Dist. Ct. App. 2008)

. . . State, 961 So.2d 284 (Fla.2007), in which the court determined that the language in section 316.610(1 . . .

A. PEREZ- GARCIA, v. STATE, 983 So. 2d 578 (Fla. 2008)

. . . that an inoperable left rear taillight is an objectively “unsafe condition,” prohibited by section 316.610 . . .

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

. . . Further, even where certain equipment is required by statute, section 316.610 would permit stops where . . . Under the State’s interpretation of section 316.610, if a truck is equipped with fenders, but those fenders . . . As this Court concluded unanimously in Doctor, placing such a broad interpretation on section 316.610 . . . State], 912 So.2d [550] at 557 [ (Fla.2005) ], we conclude that the provision of section 316.610 which . . . authorizes vehicle stops for equipment that is “not in proper adjustment or repair,” § 316.610(1), Fla . . .

LANGELLO, v. STATE, 970 So. 2d 491 (Fla. Dist. Ct. App. 2007)

. . . contends that even if Langello did not violate section 316.221(2), the stop was proper under section 316.610 . . . Section 316.610(1) gives a police officer authority to require the driver of a car to stop and submit . . . Accordingly, the stop was not authorized under section 316.610(1). See Hilton v. . . .

ZARBA, a k a v. STATE, 993 So. 2d 1000 (Fla. Dist. Ct. App. 2007)

. . . [to] be equipped with two or more stop lamps” — the traffic stop was lawful under section 316.610. . . . . § 316.610 (emphasis added). . . . Instead, the circuit court identified section 316.610(1) as the basis for its finding that the stop of . . . The State contends that the traffic stop was lawful under section 316.610(1). . . . Thus Hilton II not only rejects our en banc majority’s interpretation of section 316.610 in Hilton I, . . .

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

. . . . § 316.610(1). . . .

DEY, v. STATE, 967 So. 2d 1070 (Fla. Dist. Ct. App. 2007)

. . . (Hilton III), quashed this court’s decision in Hilton II, concluding that the provision of section 316.610 . . . which authorizes vehicle stops for equipment that is ‘not in proper adjustment or repair,’ § 316.610 . . . that the crack renders the vehicle ‘in such unsafe condition as to endanger any person or property.’ § 316.610 . . .

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

. . . Id. at 157 (quoting § 316.610(1)). . . . (quoting § 316.610(1)). . . . , provides, in pertinent part: 316.610. . . . in the unnumbered introductory paragraph, see § 316.610, Fla. . . . See § 316.610, Fla. Stat. (2001). . . . Moreover, the majority gives an unreasonable construction to section 316.610, Florida Statutes (2001) . . . of a cracked lens cover on one of his car’s taillights, a condition which allegedly violated section 316.610 . . . is integral to the safe operation of the vehicle, is included within the equipment to which section 316.610 . . . A stop is lawful under section 316.610 where the vehicle reasonably appears to have an equipment violation . . . As the Fourth District wrote in Schuck: Section 316.610(1) expressly gives a police officer the authority . . . Under the majority’s interpretation of section 316.610(2), Florida Statutes (2001), an officer must have . . . with an inoperable brake light is a vehicle in an ‘unsafe condition’ within the meaning of ... section 316.610 . . .

STATE v. LEE,, 957 So. 2d 76 (Fla. Dist. Ct. App. 2007)

. . . In relevant part, section 316.610, Florida Statutes (2005), provides: It is a violation of this chapter . . .

STATE v. A. PEREZ- GARCIA,, 917 So. 2d 894 (Fla. Dist. Ct. App. 2005)

. . . condition, the officer may require the vehicle to be immediately repaired or removed from use.... § 316.610 . . . As the Second District recently noted, section 316.610(1) of this statute expressly gives a police officer . . . a violation has occurred is in turn determined by reference to the unnumbered paragraph of section 316.610 . . . Kindle, 782 So.2d 971, 974 (Fla. 5th DCA 2001)(holding as “clearly lawful” a stop under section 316.610 . . . Because Perez-Garcia’s vehicle was in an “unsafe condition” within the meaning of section 316.610 of . . .

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

. . . Thus, the officer was authorized to stop Schuck pursuant to section 316.610(1), Florida Statutes, which . . . Additionally, section 316.610(2) addresses stops for equipment violations that are not unduly hazardous . . . vehicle was not in compliance with section 316.221(1) and could be stopped for inspection pursuant to 316.610 . . . Section 316.610(1) expressly gives a police officer the authority to require the driver of a vehicle . . . A stop is lawful under section 316.610 where the vehicle reasonably appears to have an equipment violation . . .

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

. . . The attorneys discussed the applicability of section 316.610, Florida Statutes (2004), which states: . . . 316.610 Safety of vehicle; inspection. — It is a violation of this chapter for any person to drive or . . . was 14 inches long) demonstrated that the “equipment [wa]s not in proper repair,” contrary to section 316.610 . . . The Second District Court in Hilton I reasoned that because section 316.610 expressly makes it a traffic . . . 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 316.610(1) expressly gives a police officer the authority to require the driver of a vehicle . . .

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

. . . More important, under section 316.610(1), if a law .enforcement officer has reasonable cause to believe . . .

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

. . . This belief stems from an erroneously literal, and therefore overbroad, reading of subsection 316.610 . . . For Fourth Amendment purposes, it is important to note that subsection 316.610(1) does not describe any . . . Neither does Florida’s subsection 316.610(1). . . . Section 316.610 begins with an unnumbered paragraph that reads in pertinent part: It is a violation of . . . This statement completely ignores that Doctor involved the application of subsection 316.610(1) to a . . . Section 316.610(1), expressly gives a police officer the authority to require the driver of a vehicle . . . We first note that section 316.610(1) permits a stop when a vehicle is unsafe or when a vehicle has equipment . . . We agree with the dissent that the first, unnumbered paragraph of section 316.610 is also relevant to . . . Second, section 316.610(2) addresses stops for equipment violations which are not unduly hazardous: In . . . Third, we conclude that the power extended to the police in section 316.610(1) does not violate the Fourth . . .

JOHNSON, v. STATE, 888 So. 2d 122 (Fla. Dist. Ct. App. 2004)

. . . misidentification of the cracked lens as a cracked light and the court’s incorrect application of section 316.610 . . . The officers asserted that this condition constituted an equipment violation under section 316.610, Florida . . . denying the motion to suppress, the trial court found that the stop was justified based on section 316.610 . . . Given the officer’s testimony indicating that the vehicle’s brake light was working, section 316.610 . . .

FRIERSON, v. STATE, 851 So. 2d 293 (Fla. Dist. Ct. App. 2003)

. . . Section 316.610, Florida Statutes (2000) prohibits the driving of a vehicle that “is not at all times . . . officer may “require the driver of the vehicle to stop and submit the vehicle to an inspection. ...” § 316.610 . . .

STATE v. KINDLE,, 782 So. 2d 971 (Fla. Dist. Ct. App. 2001)

. . . Section 316.610, Florida Statutes (1999) provides that it is a violation to drive a vehicle, or for the . . .

SCOTT, v. STATE, 710 So. 2d 1378 (Fla. Dist. Ct. App. 1998)

. . . for the court to rule that the officer had probable cause to stop defendant’s car pursuant to section 316.610 . . .

STATE v. SAVINO O., 686 So. 2d 811 (Fla. Dist. Ct. App. 1997)

. . . would hold that the officer had probable cause to stop appellees’ vehicle for a violation of section 316.610 . . .

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

. . . Likewise, we rejected the State’s argument that section 316.610, Florida Statutes (1987) — which we read . . . Section 316.610(1), Florida Statutes (1991), states: Any police officer may at any time, upon reasonable . . .

CAMPBELL, v. STATE, 667 So. 2d 279 (Fla. Dist. Ct. App. 1995)

. . . upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law,” section 316.610 . . .

THOMAS, v. STATE, 644 So. 2d 597 (Fla. Dist. Ct. App. 1994)

. . . .§ 316.610, Fla.Stat. (1991). . § 322.34, Fla.Stat. (1991). . Terry v. . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, BUREAU OF DRIVER IMPROVEMENT, STATE OF FLORIDA, v. THOMPSON,, 622 So. 2d 1169 (Fla. Dist. Ct. App. 1993)

. . . Pursuant to section 316.610, Florida Statutes (1991), it is a violation of Florida law to drive a vehicle . . .

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

. . . Section 316.610, however, must be read in conjunction with those statutes which delineate the specific . . .

STATE v. RODRIGUEZ,, 542 So. 2d 454 (Fla. Dist. Ct. App. 1989)

. . . See § 316.610, Fla.Stat. (1987). . . .

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 316.610 . . . sections 316.284 and 316.285; and that when the Legislature renumbered the sections to 316.605 and 316.610 . . .