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2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2014 - Riding in House Trailers.

316.2014 Riding in house trailers.—No person or persons shall occupy a house trailer while it is being moved upon a public street or highway. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 153, ch. 99-248.
Note.—Former s. 316.101.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2015 - Unlawful for Person to Ride on Exterior of Vehicle.

316.2015 Unlawful for person to ride on exterior of vehicle.—
(1) It is unlawful for any operator of a passenger vehicle to permit any person to ride on the bumper, radiator, fender, hood, top, trunk, or running board of such vehicle when operated upon any street or highway which is maintained by the state, county, or municipality. Any person who violates this subsection shall be cited for a moving violation, punishable as provided in chapter 318.
(2)(a) No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This paragraph does not apply to an employee of a fire department, an employee of a governmentally operated solid waste disposal department or a waste disposal service operating pursuant to a contract with a governmental entity, or to a volunteer firefighter when the employee or firefighter is engaged in the necessary discharge of a duty, and does not apply to a person who is being transported in response to an emergency by a public agency or pursuant to the direction or authority of a public agency. This paragraph does not apply to an employee engaged in the necessary discharge of a duty or to a person or persons riding within truck bodies in space intended for merchandise.
(b) It is unlawful for any operator of a pickup truck or flatbed truck to permit a minor child who has not attained 18 years of age to ride upon limited access facilities of the state within the open body of a pickup truck or flatbed truck unless the minor is restrained within the open body in the back of a truck that has been modified to include secure seating and safety restraints to prevent the passenger from being thrown, falling, or jumping from the truck. This paragraph does not apply in a medical emergency if the child is accompanied within the truck by an adult. A county is exempt from this paragraph if the governing body of the county, by majority vote, following a noticed public hearing, votes to exempt the county from this paragraph.
(c) Any person who violates this subsection shall be cited for a nonmoving violation, punishable as provided in chapter 318.
(3) This section shall not apply to a performer engaged in a professional exhibition or person participating in an exhibition or parade, or any such person preparing to participate in such exhibitions or parades.
History.—s. 1, ch. 71-135; ss. 1, 12, ch. 76-31; s. 28, ch. 96-350; s. 11, ch. 2006-290.
Note.—Former s. 316.100.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2025 - Following Fire Apparatus Prohibited.

316.2025 Following fire apparatus prohibited.—No driver of any vehicle other than an authorized emergency vehicle on official business shall follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as a moving violation for following too close to a fire apparatus or as a nonmoving violation for parking near a fire apparatus.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 155, ch. 99-248.
Note.—Former s. 316.095.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2034 - Crossing Fire Hose.

316.2034 Crossing fire hose.—No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street or highway, or private road or driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 156, ch. 99-248.
Note.—Former s. 316.096.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2035 - Injurious Substances Prohibited; Dragging Vehicle or Load; Obstructing, Digging, Etc.

316.2035 Injurious substances prohibited; dragging vehicle or load; obstructing, digging, etc.—
(1) It is unlawful to place or allow to be placed upon any street or highway any tacks, wire, scrap metal, glass, crockery, or other substance which may be injurious to the feet of persons or animals or to the tires of vehicles or in any way injurious to the road.
(2) It is unlawful to allow any vehicle or contrivance or any part of same, or any load or portion of a load carried on the same, to drag upon any street or highway.
(3) It is unlawful to obstruct, dig up, or in any way disturb any street or highway. However, this subsection shall not be construed so as to hinder or prevent the installation or replacement of any utilities in accordance with the provisions of law now existing or that may hereafter be enacted.
(4) It is unlawful for any vehicle to be equipped with any solid tires or any airless-type tire on any motor-driven vehicle when operated upon a highway.
(5) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a nonmoving violation for infractions of subsection (1) or subsection (3) or as a moving violation for infractions of subsection (2) or subsection (4).
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 157, ch. 99-248.
Note.—Former s. 316.104.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2044 - Removal of Injurious Substances.

316.2044 Removal of injurious substances.—
(1) Any person who drops, or permits to be dropped or thrown, upon any street or highway any destructive or injurious material shall immediately remove the same or cause it to be removed.
(2) Any person removing a wrecked or damaged vehicle from a street or highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.
(3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 158, ch. 99-248.
Note.—Former s. 316.105.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2045 - Obstruction of Public Streets, Highways, and Roads.

316.2045 Obstruction of public streets, highways, and roads.—
(1)(a) A person may not willfully obstruct the free, convenient, and normal use of a public street, highway, or road by:
1. Impeding, hindering, stifling, retarding, or restraining traffic or passage thereon;
2. Standing on or remaining in the street, highway, or road; or
3. Endangering the safe movement of vehicles or pedestrians traveling thereon.
(b) A person who violates paragraph (a) shall be cited for a pedestrian violation, punishable as provided in chapter 318.
(c) This subsection does not prohibit a local governmental entity from issuing a special event permit as authorized by law.
(2) Notwithstanding subsection (1), any commercial vehicle used solely for the purpose of collecting solid waste or recyclable or recovered materials may stop or stand on any public street, highway, or road for the sole purpose of collecting solid waste or recyclable or recovered materials. However, such solid waste or recyclable or recovered materials collection vehicle shall show or display amber flashing hazard lights at all times that it is engaged in stopping or standing for the purpose of collecting solid waste or recyclable or recovered materials. Local governments may establish reasonable regulations governing the standing and stopping of such commercial vehicles, provided that such regulations are applied uniformly and without regard to the ownership of the vehicles.
History.—s. 1, ch. 71-135; ss. 1, 13, ch. 76-31; s. 1, ch. 87-378; s. 61, ch. 93-207; s. 29, ch. 96-350; s. 2, ch. 2007-43; s. 2, ch. 2021-6.
Note.—Former s. 316.103.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2051 - Certain Vehicles Prohibited on Hard-Surfaced Roads.

316.2051 Certain vehicles prohibited on hard-surfaced roads.—It is unlawful to operate upon any hard-surfaced road in this state any log cart, tractor, or well machine; any steel-tired vehicle other than the ordinary farm wagon or buggy; or any other vehicle or machine that is likely to damage a hard-surfaced road except to cause ordinary wear and tear on the same. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 159, ch. 99-248.
Note.—Former s. 316.102.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2055 - Motor Vehicles, Throwing Advertising Materials In.

316.2055 Motor vehicles, throwing advertising materials in.—It is unlawful for any person on a public street, highway, or sidewalk in the state to throw into, or attempt to throw into, any motor vehicle, or offer, or attempt to offer, to any occupant of any motor vehicle, whether standing or moving, or to place or throw into any motor vehicle any advertising or soliciting materials or to cause or secure any person or persons to do any one of such unlawful acts.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31.
Note.—Former s. 316.106.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2061 - Stop When Traffic Obstructed.

316.2061 Stop when traffic obstructed.—No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle the driver is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 319, ch. 95-148; s. 160, ch. 99-248.
Note.—Former s. 316.107.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.20655 - Electric Bicycle Regulations.

316.20655 Electric bicycle regulations.—
(1) Except as otherwise provided in this section, an electric bicycle or an operator of an electric bicycle shall be afforded all the rights and privileges, and be subject to all of the duties, of a bicycle or the operator of a bicycle, including s. 316.2065. An electric bicycle is a vehicle to the same extent as a bicycle. However, this section may not be construed to prevent a local government, through the exercise of its powers under s. 316.008, from adopting an ordinance governing the operation of electric bicycles on streets, highways, sidewalks, and sidewalk areas under the local government’s jurisdiction; to prevent a municipality, county, or agency of the state having jurisdiction over a bicycle path, multiuse path, or trail network from restricting or prohibiting the operation of an electric bicycle on a bicycle path, multiuse path, or trail network; or to prevent a municipality, county, or agency of the state having jurisdiction over a beach as defined in s. 161.54(3) or a dune as defined in s. 161.54(4) from restricting or prohibiting the operation of an electric bicycle on such beach or dune.
(2) An electric bicycle or an operator of an electric bicycle is not subject to the provisions of law relating to financial responsibility, driver or motor vehicle licenses, vehicle registration, title certificates, off-highway motorcycles, or off-highway vehicles.
(3) Beginning January 1, 2021, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed in a prominent location to each electric bicycle. The label must contain the classification number, top assisted speed, and motor wattage of the electric bicycle.
(4) A person may not tamper with or modify an electric bicycle so as to change the motor-powered speed capability or engagement of an electric bicycle, unless the label indicating the classification number required in subsection (3) is replaced after such modification.
(5) An electric bicycle must comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission under 16 C.F.R. part 1512.
(6) An electric bicycle must operate in a manner so that the electric motor is disengaged or ceases to function when the rider stops pedaling or when the brakes are applied.
(7) An operator may ride an electric bicycle where bicycles are allowed, including, but not limited to, streets, highways, roadways, shoulders, bicycle lanes, and bicycle or multiuse paths.
History.—s. 8, ch. 2020-69; s. 2, ch. 2021-20.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2068 - Electric Personal Assistive Mobility Devices; Regulations.

316.2068 Electric personal assistive mobility devices; regulations.—
(1) An electric personal assistive mobility device, as defined in s. 316.003, may be operated:
(a) On a road or street where the posted speed limit is 25 miles per hour or less.
(b) On a marked bicycle path.
(c) On any street or road where bicycles are permitted.
(d) At an intersection, to cross a road or street even if the road or street has a posted speed limit of more than 25 miles per hour.
(e) On a sidewalk, if the person operating the device yields the right-of-way to pedestrians and gives an audible signal before overtaking and passing a pedestrian.
(2) A valid driver license is not a prerequisite to operating an electric personal assistive mobility device.
(3) Electric personal assistive mobility devices need not be registered and insured in accordance with s. 320.02.
(4) A person who is under the age of 16 years may not operate, ride, or otherwise be propelled on an electric personal assistive mobility device unless the person wears a bicycle helmet that is properly fitted, that is fastened securely upon his or her head by a strap, and that meets the standards of the American National Standards Institute (ANSI Z Bicycle Helmet Standards), the standards of the Snell Memorial Foundation (1984 Standard for Protective Headgear for Use in Bicycling), or any other nationally recognized standards for bicycle helmets which are adopted by the department.
(5) A county or municipality may regulate the operation of electric personal assistive mobility devices on any road, street, sidewalk, or bicycle path under its jurisdiction if the governing body of the county or municipality determines that regulation is necessary in the interest of safety.
(6) The Department of Transportation may prohibit the operation of electric personal assistive mobility devices on any road under its jurisdiction if it determines that such a prohibition is necessary in the interest of safety.
History.—s. 68, ch. 2002-20; s. 18, ch. 2012-174.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2069 - Commercial Megacycles.

316.2069 Commercial megacycles.—The governing body of a municipality, or the governing board of a county with respect to an unincorporated portion of the county, may authorize the operation of a commercial megacycle on roads or streets within the respective jurisdictions if the requirements of subsections (1)-(3) are met:
(1) Prior to authorizing such operation, the responsible local governmental entity must first determine that commercial megacycles may safely travel on or cross the public road or street, considering factors including, but not limited to, the speed, volume, and character of motor vehicle traffic using the road or street. Upon such determination, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed.
(2) The authorization by the governing body must clearly identify the roads or streets under the governing body’s jurisdiction on or across which operation of commercial megacycles is permitted.
(3) The governing body’s authorization, at a minimum, must require that a commercial megacycle be:
(a) Operated at all times by its owner or lessee or an employee of the owner or lessee.
(b) Operated by a driver at least 18 years of age who possess a Class E driver license.
(c) Occupied by a safety monitor at least 18 years of age, who shall supervise the passengers while the commercial megacycle is in motion.
(d) Insured with minimum commercial general liability insurance of not less than $1,000,000, prior to and at all times of operation, satisfactory proof of which shall be provided to the appropriate governing body.
(4) The Department of Transportation may prohibit the operation of commercial megacycles on or across any road under its jurisdiction if it determines that such prohibition is necessary in the interest of safety.
(5) Section 316.1936 does not apply to the passengers being transported in a commercial megacycle while operating in accordance with this section.
(6) This section does not prohibit use of an auxiliary motor to move the commercial megacycle from the roadway under emergency circumstances or while no passenger is on board.
History.—s. 7, ch. 2016-239.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2071 - Personal Delivery Devices and Mobile Carriers.

316.2071 Personal delivery devices and mobile carriers.—
(1) Notwithstanding any provision of law to the contrary, a personal delivery device or mobile carrier may operate on sidewalks and crosswalks, subject to s. 316.008(7)(b). A personal delivery device or mobile carrier operating on a sidewalk or crosswalk has all the rights and duties applicable to a pedestrian under the same circumstances, except that the personal delivery device or mobile carrier must not unreasonably interfere with pedestrians or traffic and must yield the right-of-way to pedestrians on the sidewalk or crosswalk.
(2) A personal delivery device and a mobile carrier must:
(a) Obey all official traffic and pedestrian control signals and devices.
(b) For personal delivery devices, include a plate or marker that has a unique identifying device number and identifies the name and contact information of the personal delivery device operator.
(c) Be equipped with a braking system that, when active or engaged, enables the personal delivery device or mobile carrier to come to a controlled stop.
(3) A personal delivery device and a mobile carrier may not:
(a) Operate on a public highway except to the extent necessary to cross a crosswalk.
(b) Operate on a sidewalk or crosswalk unless the personal delivery device operator is actively controlling or monitoring the navigation and operation of the personal delivery device or a mobile carrier owner remains within 25 feet of the mobile carrier.
(c) Transport hazardous materials as defined in s. 316.003.
(d) For mobile carriers, transport persons or animals.
(4) A person who owns and operates a personal delivery device in this state must maintain an insurance policy, on behalf of himself or herself and his or her agents, which provides general liability coverage of at least $100,000 for damages arising from the combined operations of personal delivery devices under the entity’s or agent’s control.
History.—s. 3, ch. 2017-150; s. 3, ch. 2018-130.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2074 - All-Terrain Vehicles.

316.2074 All-terrain vehicles.—
(1) It is the intent of the Legislature through the adoption of this section to provide safety protection for minors while operating an all-terrain vehicle in this state.
(2) As used in this section, the term “all-terrain vehicle” means any motorized off-highway vehicle 55 inches or less in width which has a dry weight of 1,500 pounds or less, is designed to travel on three or more nonhighway tires, and is manufactured for recreational use by one or more persons. For the purposes of this section, “all-terrain vehicle” also includes a “two-rider ATV” as defined in s. 317.0003.
(3) No person under 16 years of age shall operate, ride, or be otherwise propelled on an all-terrain vehicle unless the person wears a safety helmet meeting United States Department of Transportation standards and eye protection.
(4) If a crash results in the death of any person or in the injury of any person which results in treatment of the person by a physician, the operator of each all-terrain vehicle involved in the crash shall give notice of the crash pursuant to s. 316.066.
(5) Except as provided in this section, an all-terrain vehicle may not be operated upon the public roads, streets, or highways of this state, except as otherwise permitted by the managing state or federal agency.
(6) An all-terrain vehicle having four wheels may be used by police officers on public beaches designated as public roadways for the purpose of enforcing the traffic laws of the state. All-terrain vehicles may also be used by the police to travel on public roadways within 5 miles of beach access only when getting to and from the beach.
(7) An all-terrain vehicle having four wheels may be used by law enforcement officers on public roads within public lands while in the course and scope of their duties.
(8) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.—ss. 1, 2, 3, 4, 5, ch. 88-221; s. 5, ch. 95-333; s. 30, ch. 96-350; s. 3, ch. 96-413; s. 162, ch. 99-248; s. 54, ch. 2002-295; s. 37, ch. 2005-164; s. 2, ch. 2009-137; s. 3, ch. 2014-187; s. 2, ch. 2019-19.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.208 - Motorcycles and Mopeds.

316.208 Motorcycles and mopeds.—
(1) Any person operating a motorcycle or moped shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter and except as to those provisions of this chapter which by their nature can have no application.
(2)(a) Any person operating a moped upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
1. When overtaking or passing another vehicle proceeding in the same direction.
2. When preparing for a left turn at an intersection or into a private road or driveway.
3. When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For purposes of this paragraph, a “substandard-width lane” is a lane that is too narrow for a moped and another vehicle to travel safely side by side within the lane.
(b) Any person operating a moped upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
(3) A person propelling a moped solely by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances, except that such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian.
(4) No person shall propel a moped upon and along a sidewalk while the motor is operating.
(5) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 8, ch. 87-161; s. 163, ch. 99-248.
Note.—Former s. 316.127.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2085 - Riding on Motorcycles or Mopeds.

316.2085 Riding on motorcycles or mopeds.—
(1) A person operating a motorcycle or moped shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person, nor shall any other person ride on a motorcycle or moped, unless such motorcycle or moped is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the motorcycle or moped at the rear or side of the operator.
(2) A person shall ride upon a motorcycle or moped only while sitting astride the seat, with both wheels on the ground at all times, facing forward, and with one leg on each side of the motorcycle or moped. However, it is not a violation of this subsection if the wheels of a motorcycle or moped lose contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the operator.
(3) The license tag of a motorcycle or moped must be permanently affixed to the vehicle and remain clearly visible from the rear at all times. Any deliberate act to conceal or obscure the legibility of the license tag of a motorcycle is prohibited. The license tag of a motorcycle or moped may be affixed horizontally to the ground so that the numbers and letters read from left to right. Alternatively, a license tag for a motorcycle or moped for which the numbers and letters read from top to bottom may be affixed perpendicularly to the ground. Notwithstanding the authorization to affix the license tag of a motorcycle or moped perpendicularly to the ground, the owner or operator of a motorcycle or moped shall pay any required toll pursuant to s. 316.1001 by whatever means available.
(4) No person shall operate a motorcycle or moped while carrying any package, bundle, or other article which prevents the person from keeping both hands on the handlebars.
(5) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or moped or the view of the operator.
(6) A person under 16 years of age may not:
(a) Operate a motorcycle that has a motor with more than 150 cubic centimeters displacement.
(b) Rent a motorcycle or a moped.
(7) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 9, ch. 87-161; s. 320, ch. 95-148; s. 7, ch. 96-414; s. 164, ch. 99-248; s. 2, ch. 2008-117; s. 4, ch. 2009-183; s. 7, ch. 2010-223; s. 7, ch. 2012-181.
Note.—Former s. 316.108.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.209 - Operating Motorcycles on Roadways Laned for Traffic.

316.209 Operating motorcycles on roadways laned for traffic.—
(1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.
(2) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
(3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
(4) Motorcycles shall not be operated more than two abreast in a single lane.
(5) Subsections (2) and (3) do not apply to police officers or firefighters in the performance of their official duties.
(6) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 165, ch. 99-248; s. 1, ch. 2003-92.
Note.—Former s. 316.109.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2095 - Footrests, Handholds, and Handlebars.

316.2095 Footrests, handholds, and handlebars.—
(1) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger.
(2) No person shall operate any motorcycle with handlebars or with handgrips that are higher than the top of the shoulders of the person operating the motorcycle while properly seated upon the motorcycle.
(3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 166, ch. 99-248; s. 5, ch. 2005-164; s. 12, ch. 2006-290.
Note.—Former s. 316.278.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.211 - Equipment for Motorcycle and Moped Riders.

316.211 Equipment for motorcycle and moped riders.—
(1) A person may not operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation. The Department of Highway Safety and Motor Vehicles shall adopt this standard by agency rule.
(2) A person may not operate a motorcycle unless the person is wearing an eye-protective device over his or her eyes of a type approved by the department.
(3)(a) This section does not apply to persons riding within an enclosed cab or to any person 16 years of age or older who is operating or riding upon a motorcycle powered by a motor with a displacement of 50 cubic centimeters or less or is rated not in excess of 2 brake horsepower and which is not capable of propelling such motorcycle at a speed greater than 30 miles per hour on level ground.
(b) Notwithstanding subsection (1), a person over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear securely fastened upon his or her head if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.
(4) A person under 16 years of age may not operate or ride upon a moped unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation.
(5) The department shall make available a list of protective headgear approved in this section, and the list shall be provided on request.
(6) Each motorcycle registered to a person under 21 years of age must display a license plate that is unique in design and color.
(7) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 1, ch. 85-329; s. 23, ch. 87-161; s. 2, ch. 88-405; s. 321, ch. 95-148; ss. 4, 167, ch. 99-248; s. 6, ch. 2000-313; s. 13, ch. 2006-290.
Note.—Former s. 316.287.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2123 - Operation of an Atv on Certain Roadways.

316.2123 Operation of an ATV on certain roadways.—
(1) The operation of an ATV, as defined in s. 317.0003, upon the public roads or streets of this state is prohibited, except that an ATV may be operated during the daytime on an unpaved roadway where the posted speed limit is less than 35 miles per hour.
(2) A county is exempt from this section if the governing body of the county, by majority vote, following a noticed public hearing, votes to exempt the county from this section. Alternatively, a county may, by majority vote after such a hearing, designate certain unpaved roadways where an ATV may be operated during the daytime as long as each such designated roadway has a posted speed limit of less than 35 miles per hour and is appropriately marked to indicate permissible ATV use.
(3) Any ATV operation that is permitted under subsection (1) or subsection (2) may be undertaken only by a licensed driver or a minor who is under the direct supervision of a licensed driver. The operator must provide proof of ownership under chapter 317 upon the request of a law enforcement officer.
History.—s. 14, ch. 2006-290; s. 17, ch. 2007-196; s. 4, ch. 2019-19.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2124 - Motorized Disability Access Vehicles.

316.2124 Motorized disability access vehicles.—The Department of Highway Safety and Motor Vehicles is directed to provide, by rule, for the regulation of motorized disability access vehicles as described in s. 320.01. The department shall provide that motorized disability access vehicles shall be registered in the same manner as motorcycles and shall pay the same registration fee as for a motorcycle. There shall also be assessed, in addition to the registration fee, a $2.50 surcharge for motorized disability access vehicles. This surcharge shall be paid into the Highway Safety Operating Trust Fund. Motorized disability access vehicles shall not be required to be titled by the department. The department shall require motorized disability access vehicles to be subject to the same safety requirements as set forth in this chapter for motorcycles.
History.—s. 2, ch. 90-163; s. 60, ch. 93-120; s. 79, ch. 2013-160.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2125 - Operation of Golf Carts Within a Retirement Community.

316.2125 Operation of golf carts within a retirement community.—
(1) Notwithstanding the provisions of s. 316.212, the reasonable operation of a golf cart, equipped and operated as provided in s. 316.212 (5), (6), and (7), within any self-contained retirement community is permitted unless prohibited under subsection (2).
(2)(a) A county or municipality may prohibit the operation of golf carts on any street or highway under its jurisdiction if the governing body of the county or municipality determines that such prohibition is necessary in the interest of safety.
(b) The Department of Transportation may prohibit the operation of golf carts on any street or highway under its jurisdiction if it determines that such prohibition is necessary in the interest of safety.
(3) A local governmental entity may enact an ordinance regarding golf cart operation and equipment which is more restrictive than those enumerated in this section. Upon enactment of any such ordinance, the local governmental entity shall post appropriate signs or otherwise inform the residents that such an ordinance exists and that it shall be enforced within the local government’s jurisdictional territory. An ordinance referred to in this section must apply only to an unlicensed driver.
History.—s. 1, ch. 88-253; s. 6, ch. 96-413; s. 8, ch. 2000-313; s. 15, ch. 2006-290; s. 4, ch. 2008-98.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.21265 - Use of All-Terrain Vehicles, Golf Carts, Low-Speed Vehicles, or Utility Vehicles by Law Enforcement Agencies.

316.21265 Use of all-terrain vehicles, golf carts, low-speed vehicles, or utility vehicles by law enforcement agencies.—
(1) Notwithstanding any provision of law to the contrary, any law enforcement agency in this state may operate all-terrain vehicles as defined in s. 316.2074, golf carts as defined in s. 320.01, low-speed vehicles as defined in s. 320.01, or utility vehicles as defined in s. 320.01 on any street, road, or highway in this state while carrying out its official duties.
(2) Such vehicles must be clearly marked as vehicles of a law enforcement agency and may be equipped with special warning lights, signaling devices, or other equipment approved or authorized for use on law enforcement vehicles.
(3) The vehicle operator and passengers must wear safety gear, such as helmets, which is ordinarily required for use by operators or passengers on such vehicles.
History.—s. 1, ch. 2007-154; s. 80, ch. 2013-160; s. 5, ch. 2019-19.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2128 - Micromobility Devices, Motorized Scooters, and Miniature Motorcycles; Requirements.

316.2128 Micromobility devices, motorized scooters, and miniature motorcycles; requirements.—
(1) The operator of a motorized scooter or micromobility device has all of the rights and duties applicable to the rider of a bicycle under s. 316.2065, except the duties imposed by s. 316.2065(2), (3)(b), and (3)(c), which by their nature do not apply. However, this section may not be construed to prevent a local government, through the exercise of its powers under s. 316.008, from adopting an ordinance governing the operation of micromobility devices and motorized scooters on streets, highways, sidewalks, and sidewalk areas under the local government’s jurisdiction.
(2) A motorized scooter or micromobility device is not required to satisfy the registration and insurance requirements of s. 320.02 or the licensing requirements of s. 316.605.
(3) A person is not required to have a driver license to operate a motorized scooter or micromobility device.
(4) A person who offers motorized scooters or micromobility devices for hire is responsible for securing all such devices located in any area of the state where an active tropical storm or hurricane warning has been issued by the National Weather Service.
(5) A person who engages in the business of, serves in the capacity of, or acts as a commercial seller of miniature motorcycles in this state must prominently display at his or her place of business a notice that such vehicles are not legal to operate on public roads, may not be registered as motor vehicles, and may not be operated on sidewalks unless authorized by an ordinance enacted pursuant to s. 316.008(7)(a) or s. 316.212(8). The required notice must also appear in all forms of advertising offering miniature motorcycles for sale. The notice and a copy of this section must also be provided to a consumer prior to the consumer’s purchasing or becoming obligated to purchase a miniature motorcycle.
(6) Any person selling or offering a miniature motorcycle for sale in violation of this section commits an unfair and deceptive trade practice as defined in part II of chapter 501.
History.—s. 16, ch. 2006-290; s. 27, ch. 2009-21; s. 47, ch. 2010-223; s. 11, ch. 2017-150; s. 3, ch. 2019-109.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.2129 - Operation of Swamp Buggies on Public Roads, Streets, or Highways Authorized.

316.2129 Operation of swamp buggies on public roads, streets, or highways authorized.—
(1) A swamp buggy may be operated on a public road, street, or highway if the local governmental entity, as defined in s. 334.03, having jurisdiction over the public road, street, or highway, has designated it for use by swamp buggies. Upon determining that swamp buggies may safely operate on or cross such public road, street, or highway, the local governmental entity shall post appropriate signs or otherwise inform the public that the operation of swamp buggies is allowed. This authorization does not apply to the State Highway System, as defined in s. 334.03. However, a swamp buggy may be operated on a part of the State Highway System only to cross that portion of the State Highway System which intersects a county road or municipal street that has been designated for use by swamp buggies if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes.
(2) A swamp buggy may be operated on land managed, owned, or leased by a state or federal agency if the state or federal agency allows the operation of swamp buggies on such land, including any public road, street, or highway running through or located within the state or federal land. Upon determining that swamp buggies may safely operate on or cross a public road, street, or highway running through or located within such land, the state or federal agency shall post appropriate signs or otherwise inform the public that the operation of swamp buggies is allowed.
History.—s. 9, ch. 2012-181.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.215 - Scope and Effect of Regulations.

316.215 Scope and effect of regulations.—
(1) It is a violation of this chapter for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, on any highway any vehicle, or combination of vehicles, which is in such unsafe condition as to endanger any person, which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter, or which is equipped in any manner in violation of this chapter, or for any person to do any act forbidden, or fail to perform any act required, under this chapter.
(2) Nothing contained in this chapter shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this chapter.
(3) The provisions of this chapter with respect to equipment required on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable.
(4) The provisions of this chapter with respect to equipment required on vehicles shall not apply to motorcycles or motor-driven cycles, except as herein made applicable.
(5) The provisions of this chapter and 49 C.F.R. part 393, with respect to number, visibility, distribution of light, and mounting height requirements for headlamps, auxiliary lamps, and turn signals shall not apply to a front-end loading collection vehicle, when:
(a) The front-end loading mechanism and container or containers are in the lowered position;
(b) The vehicle is engaged in collecting solid waste or recyclable or recovered materials; and
(c) The vehicle is being operated at speeds less than 20 miles per hour with the vehicular hazard-warning lights activated.
(6) The provisions of any motor vehicle equipment laws or regulations of this state which relate to or support motor vehicle operation by a human driver but are not relevant for an automated driving system shall not apply to fully autonomous vehicles that are designed to be operated exclusively by the automated driving system for all trips.
(7) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 6, ch. 97-280; s. 31, ch. 97-300; s. 170, ch. 99-248; s. 3, ch. 2021-233.
Note.—Former s. 316.059.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.216 - Authority of Department With Reference to Lighting Devices.

316.216 Authority of department with reference to lighting devices.—
(1) The department is authorized to approve or disapprove lighting devices and to issue and enforce regulations establishing standards and specifications for the approval of such lighting devices, their installation, adjustment, and aiming, and adjustment when in use on motor vehicles. Such regulations shall correlate with standards and specifications of the society of automotive engineers applicable to such equipment.
(2) The department is required to approve or disapprove any lighting device of a type on which approval is specifically required in this chapter within a reasonable time after such device has been submitted.
(3) The department is further authorized to set up the procedure which shall be followed when any device is submitted for approval.
(4) The department, upon approving any such lamp or device, shall issue to the applicant a certificate of approval together with any instructions determined by it.
(5) The department shall publish lists of all lamps and devices by name and type which have been approved by it.
History.—s. 1, ch. 71-135.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.217 - When Lighted Lamps Are Required.

316.217 When lighted lamps are required.—
(1) Every vehicle operated upon a highway within this state shall display lighted lamps and illuminating devices as herein respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles, under the following conditions;
(a) At any time from sunset to sunrise including the twilight hours. Twilight hours shall mean the time between sunset and full night or between full night and sunrise.
(b) During any rain, smoke, or fog.
(c) Stop lights, turn signals, and other signaling devices shall be lighted as prescribed for use of such devices.
(2) Whenever requirement is hereinafter declared as to the distance from which certain lamps and devices shall render objects visible, said provisions shall apply during the times stated in subsection (1) in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated.
(3) Whenever requirement is hereinafter declared as to the mounted height of lamps or devices, it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when the vehicle is without a load.
(4) Law enforcement vehicles may be operated without the display of lighted lamps required by this chapter under the following conditions:
(a) Operation without the display of lighted lamps is necessary to the performance of a law enforcement officer’s duties.
(b) The law enforcement agency has a written policy authorizing and providing guidelines for vehicle operation without the display of lighted lamps.
(c) The law enforcement vehicle is operated in compliance with agency policy.
(d) The operation without the display of lighted lamps may be safely accomplished.
The provisions of this subsection shall not relieve the operator of such a vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the vehicle operator from the consequences of his or her reckless disregard for the safety of others.
(5) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 4, ch. 76-218; s. 22, ch. 94-306; s. 171, ch. 99-248; s. 1, ch. 2004-74.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.220 - Headlamps on Motor Vehicles.

316.220 Headlamps on motor vehicles.—
(1) Every motor vehicle shall be equipped with at least two headlamps with at least one on each side of the front of the motor vehicle, which headlamps shall comply with the requirements and limitations set forth in this chapter, and shall show a white light. An object, material, or covering that alters the headlamp’s light color may not be placed, displayed, installed, affixed, or applied over a headlamp.
(2) Every headlamp upon every motor vehicle shall be located at a height of not more than 54 inches nor less than 24 inches to be measured as set forth in s. 316.217.
(3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 172, ch. 99-248; s. 9, ch. 2000-313.