Failure to maintain property damage liability insurance

Substantive requirement • second-degree misdemeanor via §324.221(2)

1. The person was an owner OR operator of a covered motor vehicle required to be registered in Florida; AND
2. At the relevant time, the required property damage financial responsibility was not maintained through insurance OR another authorized method.

Minimum PDL is $10,000 per crash; a $30,000 combined PDL/bodily-injury policy may qualify. Review §324.031 alternatives and authorized self-insurance. The §324.022(2) definition generally requires four or more wheels and includes associated trailers; check its exclusions, nonresident rule in (3), and conditional overseas active-duty provision in (4). A missing card alone does not establish this violation.

Section 324.221(2) supplies a second-degree misdemeanor where no other penalty is provided: ordinarily up to 60 days and a $500 fine under §§775.082(4)(b), 775.083(1)(e), plus applicable costs. Do not charge the penalty provision as a second offense for the same coverage violation.

No offense-specific standard criminal jury instruction for this provision was located in the Florida Bar’s complete set updated October 9, 2026, reviewed October 21, 2026. The required facts above are a statutory field summary, not an approved jury instruction. Confirm case-specific instructions with the prosecutor.

Security / financial responsibility: the qualifying ability to respond in damages; an insurance card is evidence of security, not the security itself. PDL means property damage liability; PIP means personal injury protection. Their statutory requirements are distinct. Owner/registrant vs. other operator: identify the person’s actual role; the civil proof provision has different suspension consequences for these groups. In force: assess actual coverage at the event time, including effective cancellation/reinstatement and any applicable operator policy or authorized alternative.

Category

Insurance

Type

Criminal Traffic

Civil / Criminal

Criminal

Offense Classification

Misdemeanor

Degree

2nd Degree

Fine / Penalty

Second-degree misdemeanor via 324.221(2): ordinarily up to 60 days imprisonment and $500 fine under 775.082(4)(b), 775.083(1)(e), plus costs; administrative suspension separately assessed

Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.

Mandatory Court

Criminal procedure applies

NTA Eligible

Potentially - misdemeanor; confirm applicable procedure and agency policy

Custodial Arrest

Only when lawful misdemeanor arrest authority exists

NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.

Civil infractions resulting in death or serious bodily injury require a hearing under §318.19.