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F.S. 316.655 on Google Scholar

F.S. 316.655 on Casetext

Amendments to 316.655


The 2022 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.655 Florida Statutes and Case Law
316.655 Penalties.
(1) A violation of any of the provisions of this chapter, except those violations with a specific criminal charge, as enumerated in s. 318.17, are infractions, as defined in s. 318.13(3). Except for violations of s. 316.302, infractions of this chapter are punishable as provided in chapter 318. Any person convicted of a violation of or otherwise found to be in violation of s. 316.063, s. 316.3025, s. 316.516, s. 316.545, or s. 316.550 shall be punished as specifically provided in that section.
(2) A driver convicted of a violation of any offense prohibited by this chapter or any other law of this state regulating motor vehicles, which resulted in an accident, may have his or her driving privileges revoked or suspended by the court if the court finds such revocation or suspension warranted by the totality of the circumstances resulting in the conviction and the need to provide for the maximum safety for all persons who travel on or who are otherwise affected by the use of the highways of the state. In determining whether suspension or revocation is appropriate, the court shall consider all pertinent factors, including, but not limited to, such factors as the extent and nature of the driver’s violation of this chapter, the number of persons killed or injured as the result of the driver’s violation of this chapter, and the extent of any property damage resulting from the driver’s violation of this chapter.
History.s. 1, ch. 71-135; s. 2, ch. 74-377; ss. 1, 4, ch. 76-31; s. 1, ch. 77-174; s. 3, ch. 77-456; s. 15, ch. 81-218; s. 6, ch. 83-218; s. 20, ch. 84-359; s. 3, ch. 85-87; s. 18, ch. 86-296; s. 1, ch. 87-246; s. 8, ch. 87-270; s. 2, ch. 87-378; s. 6, ch. 92-165; s. 65, ch. 94-209; s. 11, ch. 94-306; s. 906, ch. 95-148; s. 8, ch. 95-247; s. 26, ch. 95-267; s. 40, ch. 96-350; s. 45, ch. 97-300; s. 15, ch. 2012-181.
Note.Former s. 316.026.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 316.655 on Google Scholar

F.S. 316.655 on Casetext

Amendments to 316.655


Arrestable Offenses / Crimes under Fla. Stat. 316.655
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.655.


Civil Citations / Citable Offenses under S316.655
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 316.655.


Annotations, Discussions, Cases:

  1. Reed v. State

    744 So. 2d 1090 (Fla. Dist. Ct. App. 1999)   Cited 1 times
    Section 316.655(2) provides in pertinent part:
  2. Stoletz v. State

    875 So. 2d 572 (Fla. 2004)   Cited 20 times
    Although we find that when a defendant is convicted of a DUI, a trial court should utilize the statute which specially applies to DUI convictions to determine the permissible license revocation period for the DUI conviction, in this case, section 316.655( 2) is also applicable because the defendant was convicted of another driving offense. Stoletz pled no contest to and was convicted of felony driving while license suspended (habitual), a violation of section 322.34(5). When a defendant is convicted of another offense in chapter 316 or any other law of this state regulating motor vehicles, and the totality of the circumstances merits a suspension or revocation, a trial court may utilize section 316.655( 2) to suspend or revoke the defendant's license. Because Stoletz was convicted of an additional offense which was a violation of a "law of this state regulating motor vehicles," the trial judge did not err in considering the totality of the circumstances when permanently revoking Stoletz's license under section 316.655( 2). See Reed v. State, 744 So.2d 1090 (Fla. 4th DCA 1999) (finding the trial court properly considered the totality of circumstances…
    PAGE 577
  3. Stoletz v. State

    842 So. 2d 866 (Fla. Dist. Ct. App. 2003)   Cited 1 times
    (Emphasis supplied.) Thus, nothing in section 322.28(2)(a)(2) prohibits a court from imposing a term of suspension or revocation longer than five years for a second conviction for DUI, and section 316.655(2) specifically permits a court to do so. There is no argument in this case that the trial court abused its discretion in determining that the totality of the circumstances here justified the lifetime revocation of Ms. Stoletz's license under section 316.655(2).
    PAGE 868
  4. AGO

    2005-25 (Ops. Fla. Atty. Gen. Apr. 20, 2005)
    This office, in Attorney General Opinion 94-38, stated that under the then-existing language of section 316.655, Florida Statutes, the use of the surcharge to fund a municipality's, rather than a county's, participation in an intergovernmental communication program was not authorized. The language of section 316.655, Florida Statutes, quoted above was deleted in 1996 by the same act that added language to section 318.21, Florida Statutes, authorizing a municipality to use the surcharge for law enforcement automation.
  5. AGO

    97-73 (Ops. Fla. Atty. Gen. Oct. 16, 1997)
    This office, in Attorney General Opinion 94-38, stated that under the then-existing language of section 316.655, the use of the surcharge to fund a municipality's, rather than a county's, participation in an intergovernmental communication program was not authorized. The language of section 316.655 quoted above was deleted in 1996 by the same act that added language to section 318.21, Florida Statutes (1996 Supplement), authorizing a municipality to use the surcharge for law enforcement automation.
  6. Houle v. State

    33 So. 3d 822 (Fla. Dist. Ct. App. 2010)   Cited 6 times
    We affirm the trial court's permanent revocation of appellant's driving privileges. Appellant was convicted of one count of driving under the influence of drugs or alcohol and causing serious bodily injury under section 316.193(3)(c)2., Florida Statutes (2008). Pursuant to section 322.28(4)(a), the trial court shall revoke the driving privileges of a person convicted under section 316.193(3)(c)2. "for a minimum period of 3 years." This section permits the trial court to revoke a defendant's driving privileges permanently. Stoletz v. State, 875 So.2d 572 (Fla. 2004). The trial court, however, revoked appellant's driving privileges pursuant to section 316.655(2), not section 322.28(4)(a). Section 316.655(2) may not be used to revoke driving privileges for a DUI conviction. Stoletz, 875 So.2d at 575-76. Nevertheless, while the trial court cited the incorrect statute, the trial court's order revoking appellant's driving privileges was a sound exercise of its discretion under section 322.28(4)(a), and we affirm.
    PAGE 823
  7. AGO

    94-38 (Ops. Fla. Atty. Gen. Apr. 27, 1994)
    Where the Legislature has prescribed the limitations upon the exercise of a statutory power such as the assessment and use of the surcharge in section 316.655(6), Florida Statutes, it is, in effect, a prohibition against its being exercised in any other manner. Moreover, an examination of the legislative history surrounding the enactment of section 316.655(6), Florida Statutes manifests a the intent that the surcharge proceeds must be used to fund a county's participation in the communication program.
  8. AGO

    93-57 (Ops. Fla. Atty. Gen. Aug. 23, 1993)
    Section 316.2045(1), F.S., states that "any person or persons who violates the provisions of this subsection, upon conviction, shall be punished as set forth in s. 316.655." Section 316.655, F.S., is a penalty provision and makes violations of any of the provisions of Ch. 316, F.S., except certain specified criminal offenses, infractions. This section also establishes a number of penalty options for these infractions. Those violations which do not result in a hearing are subject to civil penalties as provided in ss. 318.18 or 316.3025, F.S. If such infractions do result in a hearing, a penalty not to exceed 500 may be assessed.
  9. J.R.S. v. State

    483 So. 2d 834 (Fla. Dist. Ct. App. 1986)   Cited 1 times
    § 316.655(4), Fla. Stat. (1983) (emphasis added).
    PAGE 836