Fla. Stat. 316.6105
Violations involving operation of motor vehicle in unsafe condition or without required equipment; procedure for disposition

(1)

In the event that a law enforcement officer issues a traffic citation for a violation of s. 316.2935 or for the operation of a motor vehicle which is in an unsafe condition or which is not properly equipped as required pursuant to s. 316.610, the law enforcement officer shall also issue an affidavit-of-compliance form.

(2)

The person to whom the citation has been issued may mitigate the civil penalty by making the necessary repair and presenting the vehicle to any local police department or sheriff’s department in this state for inspection within 30 days after the issuance of the citation.

(3)

The police or sheriff’s department shall make available a person or persons to confirm that the defect has been corrected. If the correction has been made, such employee shall execute the affidavit-of-compliance form in a manner established by the Department of Highway Safety and Motor Vehicles and return it to the person who received the citation. The person who received the citation shall, upon receipt of the executed affidavit of compliance, pay the appropriate fine to the law enforcement agency pursuant to s. 318.18(2)(c) thereby completing the affidavit of compliance. The affidavit of compliance shall not be construed by the courts as a warranty of the mechanical condition of the motor vehicle. Neither the person who confirms that a defect has been corrected nor the department by which he or she is employed shall be liable in damages for any defect, failure, or improper functioning of any item of equipment on such motor vehicle.

(4)

The person to whom the citation was issued shall mail or present the traffic citation and the affidavit-of-compliance form to the clerk of the court where the traffic citation was issued and shall thereupon pay the appropriate fine pursuant to s. 318.18(2)(c).

(5)

In the event that the person to whom the traffic citation has been issued chooses not to correct the defect, the procedure for the collection of the fine and any other penalties shall proceed as provided by law.

(6)

This section does not apply to commercial motor vehicles or transit buses owned or operated by a governmental entity.

Source: Section 316.6105 — Violations involving operation of motor vehicle in unsafe condition or without required equipment; procedure for disposition, https://www.­flsenate.­gov/Laws/Statutes/2024/0316.­6105 (accessed Aug. 7, 2025).

316.001
Short title 316.002
Purpose 316.003
Definitions 316.006
Jurisdiction 316.007
Provisions uniform throughout state 316.08
Requirements of flagpersons 316.008
Powers of local authorities 316.027
Crash involving death or personal injuries 316.46
Equipment regulations for mopeds 316.061
Crashes involving damage to vehicle or property 316.062
Duty to give information and render aid 316.063
Duty upon damaging unattended vehicle or other property 316.064
When driver unable to report 316.065
Crashes 316.066
Written reports of crashes 316.067
False reports 316.068
Crash report forms 316.069
State to tabulate and analyze crash reports 316.70
Nonpublic sector buses 316.070
Exchange of information at scene of crash 316.071
Disabled vehicles obstructing traffic 316.72
Buses simulating school buses in color and insignia 316.072
Obedience to and effect of traffic laws 316.073
Applicability to animals and animal-drawn vehicles 316.074
Obedience to and required traffic control devices 316.75
School crossing guards 316.075
Traffic control signal devices 316.0075
Operator use of commercial mobile radio services and electronic communications devices 316.076
Flashing signals 316.0076
Regulation and use of cameras 316.077
Display of unauthorized signs, signals or markings 316.0077
Camera systems 316.078
Detour signs to be respected 316.0078
Prohibition on contracting for camera systems of vendors of foreign countries of concern 316.079
Duty to yield to highway construction workers 316.80
Unlawful conveyance of fuel 316.081
Driving on right side of roadway 316.0081
Request regarding traffic signals or other traffic control devices 316.082
Passing vehicles proceeding in opposite directions 316.83
Autonomous vehicle grading standards for roads on State Highway System 316.083
Overtaking and passing a vehicle, a bicycle or other nonmotorized vehicle, or an electric bicycle 316.0083
Mark Wandall Traffic Safety Program 316.084
When overtaking on the right is permitted 316.85
Autonomous vehicles 316.085
Limitations on overtaking, passing, changing lanes and changing course 316.0085
Skateboarding 316.86
Exemption from liability for manufacturer when third party converts vehicle 316.087
Further limitations on driving to left of center of roadway 316.87
Nonemergency medical transportation services 316.088
One-way roadways and rotary traffic islands 316.089
Driving on roadways laned for traffic 316.090
Driving on divided highways 316.091
Limited access facilities 316.121
Vehicles approaching or entering intersections 316.122
Vehicle turning left 316.123
Vehicle entering stop or yield intersection 316.125
Vehicle entering highway from private road or driveway or emerging from alley, driveway or building 316.126
Operation of vehicles and actions of pedestrians 316.130
Pedestrians 316.151
Required position and method of turning at intersections 316.152
Turning on curve or crest of grade prohibited 316.154
Starting parked vehicle 316.155
When signal required 316.156
Signals by hand and arm or signal lamps 316.157
Method of giving hand and arm signals 316.159
Certain vehicles to stop or slow at all railroad grade crossings 316.170
Moving heavy equipment at railroad grade crossings 316.171
Traffic control devices at railroad-highway grade crossings 316.172
Traffic to stop for school bus 316.173
School bus infraction detection systems 316.183
Unlawful speed 316.185
Special hazards 316.187
Establishment of state speed zones 316.189
Establishment of municipal and county speed zones 316.191
Racing on highways, street takeovers, and stunt driving 316.192
Reckless driving 316.193
Driving under the influence 316.194
Stopping, standing or parking outside of municipalities 316.195
Additional parking regulations 316.208
Motorcycles and mopeds 316.209
Operating motorcycles on roadways laned for traffic 316.211
Equipment for motorcycle and moped riders 316.212
Operation of golf carts on certain roadways 316.215
Scope and effect of regulations 316.216
Authority of department with reference to lighting devices 316.217
When lighted lamps are required 316.220
Headlamps on motor vehicles 316.221
Taillamps 316.222
Stop lamps and turn signals 316.224
Color of clearance lamps, identification lamps, side marker lamps, backup lamps, reflectors, and deceleration lights 316.225
Mounting of reflectors, clearance lamps and side marker lamps 316.226
Visibility requirements for reflectors, clearance lamps, identification lamps and marker lamps 316.227
Obstructed lights not required 316.228
Lamps or flags on projecting load 316.229
Lamps on parked vehicles 316.231
Lamps on other vehicles and equipment 316.233
Spot lamps and auxiliary lamps 316.234
Signal lamps and signal devices 316.235
Additional lighting equipment 316.237
Multiple-beam road-lighting equipment 316.238
Use of multiple-beam road-lighting equipment 316.239
Single-beam road-lighting equipment 316.240
Standards for lights on highway maintenance and service equipment 316.241
Selling or using lamps or equipment 316.242
Revocation of certificate of approval on lighting devices 316.251
Maximum bumper heights 316.252
Splash and spray suppressant devices 316.253
Vehicles used to sell ice cream and other confections 316.261
Brake equipment required 316.262
Performance ability of motor vehicle brakes 316.263
Maintenance of brakes 316.267
Brakes on electric-powered vehicles 316.271
Horns and warning devices 316.0271
Yellow dot critical motorist medical information program 316.272
Exhaust systems, prevention of noise 316.293
Motor vehicle noise 316.294
Mirrors 316.299
Rough surfaced wheels prohibited 316.300
Certain vehicles to carry flares or other devices 316.301
Display of warning lights and devices when vehicle is stopped or disabled 316.302
Commercial motor vehicles 316.303
Television receivers 316.304
Wearing of headsets 316.305
Wireless communications devices 316.306
School and work zones 316.400
Headlamps 316.405
Motorcycle headlights to be turned on 316.410
Taillamps 316.415
Reflectors 316.420
Stop lamps 316.425
Lamps on parked motorcycles 316.430
Multiple-beam road-lighting equipment 316.435
Lighting equipment for motor-driven cycles 316.440
Brake equipment required 316.445
Performance ability of motorcycle brakes 316.450
Brakes on motor-driven cycles 316.455
Other equipment 316.500
Exceeding weight and length 316.510
Projecting loads on passenger vehicles 316.515
Maximum width, height, length 316.516
Width, height, and length 316.520
Loads on vehicles 316.525
Requirements for vehicles hauling loads 316.530
Towing requirements 316.535
Maximum weights 316.545
Weight and load unlawful 316.550
Operations not in conformity with law 316.555
Weight, load, speed limits may be lowered 316.560
Damage to highways 316.565
Emergency transportation, agricultural products 316.600
Health and sanitation hazards 316.605
Licensing of vehicles 316.610
Safety of vehicle 316.613
Child restraint requirements 316.614
Safety belt usage 316.615
School buses 316.622
Farm labor vehicles 316.635
Courts having jurisdiction over traffic violations 316.640
Enforcement 316.645
Arrest authority of officer at scene of a traffic crash 316.646
Security required 316.650
Traffic citations 316.655
Penalties 316.656
Mandatory adjudication 316.660
Disposition of fines and forfeitures collected for violations 316.0741
High-occupancy-vehicle lanes 316.0745
Uniform signals and devices 316.0747
Sale or purchase of traffic control devices by nongovernmental entities 316.0755
Pedestrian control signals 316.0765
Lane direction control signals 316.0775
Interference with official traffic control devices or railroad signs or signals 316.0776
Traffic infraction detectors 316.0777
Automated license plate recognition systems 316.0778
Automated license plate recognition systems 316.0815
Duty to yield to public transit vehicles 316.0817
Loading and unloading of bus passengers 316.0825
Vehicle approaching an animal 316.00831
Distribution of penalties collected under s 316.0875
No-passing zones 316.0895
Following too closely 316.1001
Payment of toll on toll facilities required 316.1235
Vehicle approaching intersection in which traffic lights are inoperative 316.1301
Traffic regulations to assist blind persons 316.1303
Traffic regulations to assist mobility-impaired persons 316.1305
Fishing from state road bridges 316.1355
Driving through safety zone prohibited 316.1515
Limitations on turning around 316.1575
Obedience to traffic control devices at railroad-highway grade crossings 316.1576
Insufficient clearance at a railroad-highway grade crossing 316.1577
Employer responsibility for violations pertaining to railroad-highway grade crossings 316.1891
Designation of special event zones 316.1893
Establishment of enhanced penalty zones 316.1894
School Crossing Guard Recruitment and Retention Program 316.1895
Establishment of school speed zones, enforcement 316.1896
Roadways maintained as school zones 316.1905
Electrical, mechanical, or other speed calculating devices 316.1906
Radar speed-measuring devices 316.1923
Aggressive careless driving 316.1925
Careless driving 316.1926
Additional offenses 316.1932
Tests for alcohol, chemical substances, or controlled substances 316.1933
Blood test for impairment or intoxication in cases of death or serious bodily injury 316.1934
Presumption of impairment 316.1935
Fleeing or attempting to elude a law enforcement officer 316.1936
Possession of open containers of alcoholic beverages in vehicles prohibited 316.1937
Ignition interlock devices, requiring 316.1938
Ignition interlock devices, certification 316.1939
Refusal to submit to testing 316.1945
Stopping, standing, or parking prohibited in specified places 316.1951
Parking for certain purposes prohibited 316.1955
Enforcement of parking requirements for persons who have disabilities 316.1957
Parking violations 316.1958
Out-of-state vehicles bearing identification of issuance to persons who have disabilities 316.1959
Handicapped parking enforcement 316.1964
Exemption of vehicles transporting certain persons who have disabilities from payment of parking fees and penalties 316.1965
Parking near rural mailbox during certain hours 316.1967
Liability for payment of parking ticket violations and other parking violations 316.1974
Funeral procession right-of-way and liability 316.1975
Unattended motor vehicle 316.1985
Limitations on backing 316.1995
Driving upon sidewalk or bicycle path 316.2004
Obstruction to driver’s view or driving mechanism 316.2005
Opening and closing vehicle doors 316.2014
Riding in house trailers 316.2015
Unlawful for person to ride on exterior of vehicle 316.2025
Following fire apparatus prohibited 316.2034
Crossing fire hose 316.2035
Injurious substances prohibited 316.2044
Removal of injurious substances 316.2045
Obstruction of public streets, highways, and roads 316.2051
Certain vehicles prohibited on hard-surfaced roads 316.2055
Motor vehicles, throwing advertising materials in 316.2061
Stop when traffic obstructed 316.2065
Bicycle regulations 316.2068
Electric personal assistive mobility devices 316.2069
Commercial megacycles 316.2071
Personal delivery devices and mobile carriers 316.2074
All-terrain vehicles 316.2085
Riding on motorcycles or mopeds 316.2095
Footrests, handholds, and handlebars 316.2122
Operation of a low-speed vehicle, mini truck, or low-speed autonomous delivery vehicle on certain roadways 316.2123
Operation of an ATV on certain roadways 316.2124
Motorized disability access vehicles 316.2125
Operation of golf carts within a retirement community 316.2126
Authorized use of golf carts, low-speed vehicles, and utility vehicles 316.2127
Operation of utility vehicles on certain roadways by homeowners’ associations 316.2128
Micromobility devices, motorized scooters, and miniature motorcycles 316.2129
Operation of swamp buggies on public roads, streets, or highways authorized 316.2225
Additional equipment required on certain vehicles 316.2295
Lamps, reflectors and emblems on farm tractors, farm equipment and implements of husbandry 316.2385
Requirements for use of lower beam 316.2395
Motor vehicles 316.2396
Number of driving lamps required or permitted 316.2397
Certain lights prohibited 316.2398
Display or use of red or red and white warning signals 316.2399
Special warning lights for buses or taxicabs 316.2935
Air pollution control equipment 316.2937
Motor vehicle emissions standards 316.2951
Motor vehicle windows 316.2952
Windshields 316.2953
Side windows 316.2954
Windows behind the driver 316.2955
Window sunscreening material 316.2956
Violation of provisions relating to windshields, windows, and sunscreening material 316.2957
Exemption for motor vehicle manufacturers 316.3025
Penalties 316.3026
Unlawful operation of motor carriers 316.3045
Operation of radios or other mechanical or electronic soundmaking devices or instruments in vehicles 316.5501
Permitting program for combination truck tractor, semitrailer, and trailer combination coupled as a single unit subject to certain requirements 316.6105
Violations involving operation of motor vehicle in unsafe condition or without required equipment 316.6131
Educational expenditures 316.6135
Leaving children unattended or unsupervised in motor vehicles 316.6145
School buses 316.6146
Transportation of private school students on public school buses and public school students on private school buses 316.07456
Transitional implementation 316.20655
Electric bicycle regulations 316.21265
Use of all-terrain vehicles, golf carts, low-speed vehicles, or utility vehicles by law enforcement agencies 316.29545
Window sunscreening exclusions

Current through Fall 2025

§ 316.6105. Violations involving operation of motor vehicle in unsafe condition or without required equipment; procedure for disposition's source at flsenate​.gov