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Florida Statute 316.655 | Lawyer Caselaw & Research
F.S. 316.655 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 316.655

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.655
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.

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.



Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. MILLER,, 193 So. 3d 1001 (Fla. Dist. Ct. App. 2016)

. . . his or her driver’s license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655 . . .

SNOW, v. STATE, 138 So. 3d 1153 (Fla. Dist. Ct. App. 2014)

. . . At the time, [his] [driver’s license] was [suspended] pursuant to Florida Statute [316.655]. 3. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 720 (Fla. 2013)

. . . driver’s license] [driving privilege] was [suspended] [revoked] [canceled] pursuant to Florida Statute [316.655 . . .

J. STANGARONE, v. STATE, 94 So. 3d 652 (Fla. Dist. Ct. App. 2012)

. . . provisions of section 322.28(2)(e), but rather under the broad and discretionary language of section 316.655 . . .

CRAIN, v. STATE, 79 So. 3d 118 (Fla. Dist. Ct. App. 2012)

. . . his or her driver’s license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655 . . .

CITY OF AVENTURA, v. MASONE,, 89 So. 3d 233 (Fla. Dist. Ct. App. 2011)

. . . therefore, “a matter covered by this chapter” and thus expressly preempted by state law. (2) Section 316.655 . . . recorded images taken by a camera installed by the City at the subject intersection. (3) Whereas section 316.655 . . .

HOULE, v. STATE, 33 So. 3d 822 (Fla. Dist. Ct. App. 2010)

. . . The trial court, however, revoked appellant’s driving privileges pursuant to section 316.655(2), not . . . Section 316.655(2) may not be used to revoke driving privileges for a DUI conviction. . . .

STOLETZ, v. STATE, 875 So. 2d 572 (Fla. 2004)

. . . In addition,' her license was permanently revoked under section 316.655(2), Florida Statutes (1999). . . . LAW AND ANALYSIS Section 316.655(2), Florida Statutes (1999), provides: Drivers convicted of a violation . . . Stoletz argues that section 316.655(2) is not applicable to her because there is a more specific statute . . . The language of the general statute, sec tion 316.655(2), and the language of the more specific statute . . . Section 316.655(2) provides generally for the revocation or suspension of driving privileges based upon . . . authority to permanently revoke Stoletz’s driver’s license, that authority is derived from section 316.655 . . . Section 316.655(2) provides: Drivers convicted of a violation of any offense prohibited by this chapter . . . pursuant to section 316.655(2), DUI constitutes a violation of a “law of this state regulating motor . . . Section 316.655(2) requires that in determining the length of the revocation, the trial court is to “ . . . Second, this construction would effectuate the Legislature’s intent, expressed in section 316.655(2), . . .

LIPOVSKY, v. STATE, 854 So. 2d 707 (Fla. Dist. Ct. App. 2003)

. . . his or her driver’s license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655 . . .

STOLETZ, v. STATE, 842 So. 2d 866 (Fla. Dist. Ct. App. 2003)

. . . Stoletz’s license because both sections 316.655(2) and 322.28(2)(a)(2), Florida Statutes (1999), permit . . . Stoletz’s driving privileges pursuant to section 316.655(2). On appeal, Ms. . . . Section 316.655(2) allows a trial court to suspend or revoke a defendant’s license following a conviction . . . Rather, we conclude that there is no conflict between sections 316.655(2) and 322.28(2)(a)(2), and that . . . Stoletz’s license under section 316.655(2). We affirm the order,permanently revoking Ms. . . .

BISCHOFF, v. FLORIDA, C., 242 F. Supp. 2d 1226 (M.D. Fla. 2003)

. . . . § 316.655(1); Fla. Stat. § 318.13(3); Fla. Stat. § 318.18(1)(a); Fla. Stat. § 775.082(5). . . . Stat. § 316.655(1); Fla. Stat. § 318.13(3); Fla. Stat. § 318.18(1)(a); Fla. Stat. § 775.082(5). . . .

WHIPPLE, v. STATE, 789 So. 2d 1132 (Fla. Dist. Ct. App. 2001)

. . . In its order denying appellant’s motion to withdraw plea, the court held that section 316.655 empowered . . . The trial court erroneously revoked appellant’s driving privileges pursuant to section 316.655, Florida . . . Unlike section 322.28, section 316.655, a permissive catch-all statute, does not address periods of suspension . . . Rather, section 316.655, provides generally for the revocation or suspension of driving privileges based . . . Moreover, the trial court erroneously relied upon section 316.655 and never informed appellant of that . . .

BROWN, v. STATE, 760 So. 2d 1113 (Fla. Dist. Ct. App. 2000)

. . . his or her driver’s license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655 . . .

REED, v. STATE, 744 So. 2d 1090 (Fla. Dist. Ct. App. 1999)

. . . which includes a provision for the permanent suspension of his driver’s license pursuant to section 316.655 . . . Section 316.655(2) provides in pertinent part: Drivers convicted of a violation of any offense prohibited . . . chapter, and the extent of any property damage resulting from the driver’s violation of this chapter. § 316.655 . . .

WAITES, v. STATE, 702 So. 2d 1373 (Fla. Dist. Ct. App. 1997)

. . . his or her driver’s license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655 . . . only persons who have had their driver’s licenses suspended, canceled, or revoked pursuant to sections 316.655 . . .

LEWEK, v. STATE, 702 So. 2d 527 (Fla. Dist. Ct. App. 1997)

. . . Smith, 638 So.2d 509 (Fla.1994); see also §§ 316.655, 322.26(8), 322.27(2), 322.28(2), 322.28(5), Fla . . .

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

. . . stop could also be justified in • order to issue a summons for a civil infraction pursuant to Section 316.655 . . .

STATE v. N. SMITH,, 638 So. 2d 509 (Fla. 1994)

. . . provides: Any person whose driver’s license has been canceled, suspended, or revoked pursuant to s. 316.655 . . . only persons who have had their driver’s licenses suspended, canceled, or revoked pursuant to sections 316.655 . . .

BOUTWELL, v. STATE, 631 So. 2d 1094 (Fla. 1994)

. . . provides: Any person whose driver’s license has been canceled, suspended, or revoked pursuant to s. 316.655 . . .

STATE v. N. SMITH,, 624 So. 2d 355 (Fla. Dist. Ct. App. 1993)

. . . provides: Any person whose driver’s license has been canceled, suspended, or revoked pursuant to s. 316.655 . . . Florida Statutes (1991), is a traffic infraction punishable by a civil penalty pursuant to section 316.655 . . .

GULLEY, v. PIERCE, a a, 625 So. 2d 45 (Fla. Dist. Ct. App. 1993)

. . . See § 316.026, Fla.Stat. (1971) (now renumbered 316.655, and providing generally for the imposition of . . .

COOPER, v. STATE, 621 So. 2d 729 (Fla. Dist. Ct. App. 1993)

. . . .— (3) Any person whose driver’s license has been canceled, suspended, or revoked pursuant to s. 316.655 . . .

L. THOMAS, v. STATE, 614 So. 2d 468 (Fla. 1993)

. . . . §§ 318.14, 316.655, Fla. Stat. (1989). . . .

T. COLBY, v. McNEILL,, 595 So. 2d 115 (Fla. Dist. Ct. App. 1992)

. . . influence of an intoxicating beverage [§ 316.193, Fla.Stat. (1989)], and running a stop sign [§§ 316.123, 316.655 . . .

SALVADOR, v. STATE JONES, v. STATE, 601 So. 2d 227 (Fla. Dist. Ct. App. 1992)

. . . See generally § 316.655, Fla. Stat. (1989). Reversed and remanded. . . .

STATE v. SMITH,, 584 So. 2d 145 (Fla. Dist. Ct. App. 1991)

. . . See § 316.655, Fla.Stat. (1989). See also Ch. 318, Fla.Stat. (1989). . . .

STANAGE v. STATE OF FLORIDA, 40 Fla. Supp. 2d 86 (Fla. Cir. Ct. 1990)

. . . The penalties provided for a violation of Chapter 316, Florida Statutes, is found in section 316.655. . . . The only portion of section 316.655 authorizing revocation of drivers’ licenses is in subsection (5) . . .

BLUDWORTH, v. THE HONORABLE PETER W. EVANS, CHALKEY,, 40 Fla. Supp. 2d 54 (Fla. Cir. Ct. 1990)

. . . Section 316.655(3) F.S. provides that traffic infractions are subject to a civil penalty not to exceed . . . Section 316.655(5) F.S. provides that the court may, in addition, suspend driving privileges. . . . In addition, Section 316.655 F.S. provides that traffic violations, other than certain enumerated criminal . . .

DEPARTMENT OF HIGHWAY SAFETY MOTOR VEHICLES, v. L. HEREDIA,, 520 So. 2d 61 (Fla. Dist. Ct. App. 1988)

. . . This is so particularly in view of the subsequent passage of Section 316.655(5), Florida Statutes (1987 . . .

STATE OF FLORIDA v. SCHILBERG, 25 Fla. Supp. 2d 56 (Dade Cty. Ct. 1987)

. . . Florida Statutes, Section 316.655, provides that a violation of any provision of Chapter 316, except . . . If found guilty, the officer may be subjected to the civil penalties enumerated in Section 316.655 or . . .

GASSET, v. STATE, 490 So. 2d 97 (Fla. Dist. Ct. App. 1986)

. . . certain serious traffic offenses, including reckless driving and fleeing or eluding an officer, see § 316.655 . . .

J. R. S. v. STATE, 483 So. 2d 834 (Fla. Dist. Ct. App. 1986)

. . . This matter requires us to interpret sections 316.1935 and 316.655(4), Florida Statutes (1983), as they . . . Section 316.655(4), Florida Statutes (1983), states that “any person convicted of a violation of...s. . . . Nothing in this paragraph shall prohibit the placing of two or more minors in the same cell. § 316.655 . . . Appellant concedes that, under a literal reading of sections 316.1935 and 316.655, a county court judge . . . We find, however, that we need not look behind the express language of sections 316.1935 and 316.655( . . .

STATE OF FLORIDA v. SCHELL, 11 Fla. Supp. 2d 68 (Lee Cty. Ct. 1985)

. . . DOES CHAPTER 316.655(4) FLORIDA STATUTES, AUTHORIZE A COUNTY JUDGE TO SENTENCE A MINOR TO THE COUNTY . . . Section 316.655). “Juvenile Justice: The Legislature revisits Chapter 39”. R.W. Evans, Fla. . . . (emphasis supplied) Chapter 316.655(4) F.S. provides that ANY PERSON convicted of a violation of . . . . . Section 316.630 was repealed and replaced in part by amendments to Section 316.655(4). . . . Section 316.655(4) clearly gives the County Court Judge the discretion and power to impose “juvenile” . . .

M. OLSEN, v. STATE, 452 So. 2d 147 (Fla. Dist. Ct. App. 1984)

. . . . §§ 316.1925, 316.655, 318.13(3), Fla.Stat. (1983). . . .

WHIRLEY, v. STATE, 450 So. 2d 836 (Fla. 1984)

. . . excepted from the definition of “misdemeanor,” “any violation of any provision of chapter 316” and section 316.655 . . .

MILLER, v. STATE, 442 So. 2d 419 (Fla. Dist. Ct. App. 1983)

. . . .-08(2), (3), reproduced above, and section 316.655: 316.655 Penalties.— (1) A violation of the provisions . . . 316.192, s. 316.193, or s. 316.-1935 shall be punished as specifically provided in that section.... —§ 316.655 . . .

STATE OF FLORIDA v. RAHN, 5 Fla. Supp. 2d 11 (Lee Cty. Ct. 1983)

. . . THIRDLY Section 316.655 F.S., Penalties, states in subjection (1) a violation of any of the provisions . . . Chapter 316 F.S. which specifically EXCLUDES certain offenses including Section 326.193 in Section 316.655 . . .

M. EVERETT, v. STATE, 435 So. 2d 955 (Fla. Dist. Ct. App. 1983)

. . . case, would be pertinent only if the decedent were to be charged with those violations, see section 316.655 . . .

D. BOLTON, Jr. a v. SMYTHE,, 432 So. 2d 129 (Fla. Dist. Ct. App. 1983)

. . . persons violating the provisions of this chapter, upon conviction, shall bp punished as set forth in s.316.655 . . .

STATE OF FLORIDA v. ALLMAN STATE OF FLORIDA v. HARRELL, 3 Fla. Supp. 2d 129 (Palm Beach Cty. Ct. 1983)

. . . Failure to give this information is a traffic infraction — 316.655(1) F.S. . . .

MYERS, v. STATE, 426 So. 2d 986 (Fla. Dist. Ct. App. 1983)

. . . Failure to do so is to be punished as provided in Section 316.655, which clearly identifies the offense . . . mate-ria, the term “offense” in 316.645 must be limited to the criminal offenses listed in Sections 316.655 . . .

STATE v. L. ARMSTRONG,, 428 So. 2d 261 (Fla. Dist. Ct. App. 1982)

. . . The circuit court determined that section 316.655, Florida Statutes (1981), did not permit such a sentence . . . That statute reads, in pertinent part, as follows: 316.655 Penalties.— (4) Any person convicted of a . . . We would agree with the circuit judge that section 316.655(4)(f) does not provide for incarceration. . . .

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

. . . Florida Legislature, violations of sections 316.605 and 316.610 were deemed to be infractions by section 316.655 . . . In the same year, section 316.026, which subsequently became section 316.655, was also enacted. .Appellant . . .

REX UTILITIES, INC. Co. v. L. GADDY, a s L. A., 413 So. 2d 1232 (Fla. Dist. Ct. App. 1982)

. . . . §§ 316.655, 318.18, Fla.Stat. (1977). . . .

R. THOMPSON, Jr. v. OFFICE OF PUBLIC DEFENDER OF NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY,, 387 So. 2d 541 (Fla. Dist. Ct. App. 1980)

. . . Section 316.655(1) refers to section 318.-13(3). . . .

STATE v. CHAMPE, 373 So. 2d 874 (Fla. 1978)

. . . opposed to criminal fines), the state asks: Are the penalties imposed for traffic infractions under §§ 316.655 . . . See §§ 316.655(2), 318.14, and 318.18, Fla. . . .