Knowingly presenting proof of insurance not in force
Florida Statute § 316.646(4)
Summary verified against the 2026 Florida Statutes: October 21, 2026.
Quick Summary
An operator who presents required proof of insurance while knowing the insurance represented by that proof is not currently in force commits a first-degree misdemeanor. Establish actual presentation, policy status at that time, and knowledge. Preserve the proof and specific statements and corroborating facts. A missing card alone is a civil proof issue; a canceled policy return or expired card does not by itself establish knowing presentation. This is separate from failure to maintain required property damage financial responsibility under 324.022(1).
Summary sources
Required Facts & Insurance Guidance
Required Facts & Insurance Guidance
Criminal • first-degree misdemeanor
- The person was an operator presenting proof of insurance as required by subsection (1); AND
- The insurance represented by that proof was not currently in force; AND
- The operator knew it was not currently in force when presenting the proof.
Preserve the presented proof and identify the policy, vehicle, presentation time, actual coverage status, and evidence of knowledge. A canceled-policy return or expired card alone does not establish knowing presentation. An admission of nonpayment can help establish knowledge, but document its connection to this policy and presentation.
First-degree misdemeanor: ordinarily up to 1 year and $1,000 under §§775.082(4)(a), 775.083(1)(d), plus applicable costs. This differs from merely lacking proof and from lacking coverage.
Insurance Assessment: evidence, scenarios & case law →Jury Instructions
Jury Instructions
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.
Official standard criminal jury instructions ↗Important Insurance Definitions
Important Insurance Definitions
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.
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Insurance
- Type
- Criminal Traffic
- Civil / Criminal
- Criminal
- Offense Classification
- Misdemeanor
- Degree
- 1st Degree
- Fine / Penalty
- Ordinarily up to 1 year imprisonment and $1,000 fine under 775.082(4)(a), 775.083(1)(d), plus costs
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.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- Criminal procedure applies
- NTA Eligible
- Potentially; confirm criminal traffic 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.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.