The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

F.S. 316.646

316.646 Security required; proof of security and display thereof.—

(1) Any person required by s. 324.022 to maintain property damage liability security, required by s. 324.023 to maintain liability security for bodily injury or death, or required by s. 627.733 to maintain personal injury protection security on a motor vehicle shall have in his or her immediate possession at all times while operating such motor vehicle proper proof of maintenance of the required security.

(a) Such proof shall be in a uniform paper or electronic format, as prescribed by the department, a valid insurance policy, an insurance policy binder, a certificate of insurance, or such other proof as may be prescribed by the department.

(b)1. The act of presenting to a law enforcement officer an electronic device displaying proof of insurance in an electronic format does not constitute consent for the officer to access any information on the device other than the displayed proof of insurance.

2. The person who presents the device to the officer assumes the liability for any resulting damage to the device.

(2) Upon the demand of a law enforcement officer or other person authorized to issue traffic citations, the operator shall display proper proof of maintenance of security as specified by subsection (1).

(3)(a) Any operator who is the owner or registrant of the vehicle he or she is operating and who violates this section commits a nonmoving traffic infraction subject to the penalty provided in chapter 318 and shall be required to furnish proof of security as provided in this section. If any operator who is the owner or registrant of the vehicle he or she is operating and who is charged with a violation of this section fails to furnish proof at or before the scheduled court appearance date that security was in effect at the time of the violation, the court shall, upon conviction, notify the department to suspend the registration and driver license of such operator. If the court fails to order the suspension of such operator’s registration and driver license for a conviction of this section at the time of sentencing, the department shall, upon receiving notice of the conviction from the court, suspend such operator’s registration and driver license for the violation of this section. Such license and registration may be reinstated only as provided in s. 324.0221.

(b) Any operator who is not the owner or registrant of the vehicle he or she is operating and who violates this section commits a nonmoving traffic infraction subject to the penalty provided in chapter 318.

(4) Any operator presenting proof of insurance as required in subsection (1) who knows that the insurance as represented by such proof of insurance is not currently in force is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(5) The department shall adopt rules to administer this section.

History.—s. 1, ch. 86-182; s. 50, ch. 87-198; s. 3, ch. 88-370; s. 36, ch. 91-224; s. 332, ch. 95-148; s. 6, ch. 95-333; s. 38, ch. 96-350; s. 2, ch. 2007-150; s. 1, ch. 2007-324; s. 11, ch. 2010-223; s. 17, ch. 2013-160; s. 2, ch. 2022-175.

F.S. 316.646 on Google Scholar

F.S. 316.646 on Casetext

Amendments to 316.646

Arrestable Offenses / Crimes under Fla. Stat. 316.646

Level: Degree
Misdemeanor/Felony: First/Second/Third

S316.646 4 - NONMOVING TRAFFIC VIOL - DRIVER PRESENT NON CURRENT INSURANCE - M: F

Civil Citations / Citable Offenses under S316.646

R or S next to points is Mandatory Revocation or Suspension

S316.646 (1) OPERATING A NON-CMV NOT PROPERLY INSURED - PROOF OF INSURANCE REQUIRED (non-residents exemption under 627.733) (required by OWNERS/LESSEE OF VEHICLE ONLY) ONLY exclusions are taxicabs/limousines/motorcycles�(If valid at time citation was issued, a dismissal fee up to $10 can be paid, when proof submitted to Clerk of Court). Effective 9/1/2010, a conviction of this statute will produce an immediate suspension. Note 15 - Points on Drivers License:

S316.646 (1) OPERATING A CMV NOT PROPERLY INSURED - (SPECIFY CMV)* (If valid at time citation was issued, a dismiss fee up to $10 can be paid, when proof submitted to Clerk of Court) *Disqualified from operating a CMV only if operator is owner or registrant of vehicle - Points on Drivers License:

S316.646 (1) No Proof of insurance/OPERATING a CMV NOT PROPERLY INSURED SPECIFY CMV (if valid at time citation was issued, a dismissal fee up to $10 can be paid, when proof submitted to Clerk of Court) *Disqualified from operating a CMV only if operator is owner or registrant of vehicle. Effective 9/1/2010, a conviction of this ststute will produce an immediate suspension. - Points on Drivers License:

S316.646 (4) MISREPRESENTATION OF INSURANCE - 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)

. . . Section 316.646 states the requirement to maintain property damage liability security, typically insurance . . . Section 316.646, along with chapter 324 dealing with financial responsibility for owners and operators . . . Section 316.646 also incorporates the requirement to maintain personal injury protection as required . . .

UNITED STATES v. GLOVER,, 441 F. App'x 748 (11th Cir. 2011)

. . . Boros also cited Glover for having no proof of insurance, in violation of § 316.646(1), and failure to . . .

JANOS, v. STATE, 763 So. 2d 1094 (Fla. Dist. Ct. App. 1999)

. . . Operating a motor vehicle in violation of s. 316.646. . . . s license or registration certificate and proper proof of maintenance of security as required by s. 316.646 . . .

VICKERS, v. STATE, 677 So. 2d 974 (Fla. Dist. Ct. App. 1996)

. . . 320.061, Florida Statutes (1993), and false proof of insurance (count IV), in violation of section 316.646 . . .

L. KELLY, v. STATE, 685 So. 2d 1314 (Fla. Dist. Ct. App. 1996)

. . . . §§ 320.0605, 316.646, Fla.Stat. (1991). . . . Section 316.646 does not apply to a driver who is not the owner of the car. . . .

STATE v. ENGEL,, 656 So. 2d 546 (Fla. Dist. Ct. App. 1995)

. . . Operating a motor vehicle in violation of s. 316.646. . . .