Florida Statute 316.2065 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.2065

316.2065 Bicycle regulations.—

(1) Every person propelling a vehicle by human power has all of the rights and 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 provisions of this chapter which by their nature can have no application.

(2) A person operating a bicycle may not ride other than upon or astride a permanent and regular seat attached thereto unless the bicycle was designed by the manufacturer to be ridden without a seat.

(3)(a) A bicycle may not be used to carry more persons at one time than the number for which it is designed or equipped, except that an adult rider may carry a child securely attached to his or her person in a backpack or sling.

(b) Except as provided in paragraph (a), a bicycle rider must carry any passenger who is a child under 4 years of age, or who weighs 40 pounds or less, in a seat or carrier that is designed to carry a child of that age or size and that secures and protects the child from the moving parts of the bicycle.

(c) A bicycle rider may not allow a passenger to remain in a child seat or carrier on a bicycle when the rider is not in immediate control of the bicycle.

(d) A bicycle rider or passenger who is under 16 years of age must wear a bicycle helmet that is properly fitted and is fastened securely upon the passenger’s head by a strap and that meets the federal safety standard for bicycle helmets, final rule, 16 C.F.R. part 1203. As used in this subsection, the term “passenger” includes a child who is riding in a trailer or semitrailer attached to a bicycle.

(e) Law enforcement officers and school crossing guards may issue a bicycle safety brochure and a verbal warning to a bicycle rider or passenger who violates this subsection. A bicycle rider or passenger who violates this subsection may be issued a citation by a law enforcement officer and assessed a fine for a pedestrian violation, as provided in s. 318.18. The court shall dismiss the charge against a bicycle rider or passenger for a first violation of paragraph (d) upon proof of purchase of a bicycle helmet that complies with this subsection.

(4) No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle may attach the same or himself or herself to any vehicle upon a roadway. This subsection does not prohibit attaching a bicycle trailer or bicycle semitrailer to a bicycle if that trailer or semitrailer is commercially available and has been designed for such attachment.

(5)(a) A person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing must ride in the bicycle lane or, if there is no bicycle lane on the roadway, as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

1. When overtaking and passing another bicycle or 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 or potential conflict, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, turn lane, or substandard-width lane, which makes it unsafe to continue along the right-hand curb or edge or within a bicycle lane. For the purposes of this subsection, a “substandard-width lane” is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.

(b) A person operating a bicycle 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.

(6)(a) Persons riding bicycles upon a roadway or in a bicycle lane may not ride more than two abreast except on a bicycle path. Persons riding two abreast may not impede traffic when traveling at less than the normal speed of traffic at the time and place and under the conditions then existing and must ride within a single lane. Where bicycle lanes exist, persons riding bicycles may ride two abreast if both are able to remain within the bicycle lane. If the bicycle lane is too narrow to allow two persons riding bicycles to ride two abreast, the persons must ride single-file and within the bicycle lane. On roads that contain a substandard-width lane as defined in subparagraph (5)(a)3., persons riding bicycles may temporarily ride two abreast only to avoid hazards in the roadway or to overtake another person riding a bicycle.

(b) When stopping at a stop sign, persons riding bicycles in groups, after coming to a full stop and obeying all traffic laws, may proceed through the stop sign in a group of 10 or fewer at a time. Motor vehicle operators must allow one such group to travel through the intersection before moving forward.

(7) Every bicycle in use between sunset and sunrise shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least 500 feet to the front and a lamp and reflector on the rear each exhibiting a red light visible from a distance of 600 feet to the rear. A bicycle or its rider may be equipped with lights or reflectors in addition to those required by this section. A law enforcement officer may issue a bicycle safety brochure and a verbal warning to a bicycle rider who violates this subsection or may issue a citation and assess a fine for a pedestrian violation as provided in s. 318.18. The court shall dismiss the charge against a bicycle rider for a first violation of this subsection upon proof of purchase and installation of the proper lighting equipment.

(8) No parent of any minor child and no guardian of any minor ward may authorize or knowingly permit any such minor child or ward to violate any of the provisions of this section.

(9) A person propelling a vehicle 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.

(10) A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.

(11) No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, may go upon any roadway except while crossing a street on a crosswalk; and, when so crossing, such person shall be granted all rights and shall be subject to all of the duties applicable to pedestrians.

(12) This section shall not apply upon any street while set aside as a play street authorized herein or as designated by state, county, or municipal authority.

(13) Every bicycle shall be equipped with a brake or brakes which will enable its rider to stop the bicycle within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.

(14) A person engaged in the business of selling bicycles at retail shall not sell any bicycle unless the bicycle has an identifying number permanently stamped or cast on its frame.

(15)(a) A person may not knowingly rent or lease any bicycle to be ridden by a child who is under the age of 16 years unless:

1. The child possesses a bicycle helmet; or

2. The lessor provides a bicycle helmet for the child to wear.

(b) A violation of this subsection is a nonmoving violation, punishable as provided in s. 318.18.

(16) The court may waive, reduce, or suspend payment of any fine imposed under subsection (3) or subsection (15) and may impose any other conditions on the waiver, reduction, or suspension. If the court finds that a person does not have sufficient funds to pay the fine, the court may require the performance of a specified number of hours of community service or attendance at a safety seminar.

(17) Notwithstanding s. 318.21, all proceeds collected pursuant to s. 318.18 for violations under paragraphs (3)(e) and (15)(b) shall be deposited into the State Transportation Trust Fund.

(18) The failure of a person to wear a bicycle helmet or the failure of a parent or guardian to prevent a child from riding a bicycle without a bicycle helmet may not be considered evidence of negligence or contributory negligence.

(19) Except as otherwise provided in this section, a person who violates this section commits a noncriminal traffic infraction, punishable as a pedestrian violation as provided in chapter 318. A law enforcement officer may issue traffic citations for a violation of subsection (3) or subsection (15) only if the violation occurs on a bicycle path or road, as defined in s. 334.03. However, a law enforcement officer may not issue citations to persons on private property, except any part thereof which is open to the use of the public for purposes of vehicular traffic.

History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 2, ch. 76-286; s. 1, ch. 78-353; s. 8, ch. 83-68; s. 5, ch. 85-309; s. 1, ch. 86-23; s. 7, ch. 87-161; s. 21, ch. 94-306; s. 899, ch. 95-148; s. 1, ch. 96-185; s. 2, ch. 97-300; s. 161, ch. 99-248; s. 6, ch. 2010-223; s. 7, ch. 2012-27; s. 6, ch. 2012-181; s. 7, ch. 2020-69; s. 1, ch. 2021-20; s. 5, ch. 2021-180.

Note.—Former s. 316.111.

F.S. 316.2065 on Google Scholar

F.S. 316.2065 on Casetext

Amendments to 316.2065

Arrestable Offenses / Crimes under Fla. Stat. 316.2065

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.2065.

Civil Citations / Citable Offenses under S316.2065

R or S next to points is Mandatory Revocation or Suspension

S316.2065 BICYCLE REGULATIONS (all ages) [see s.318.18(1)] - Points on Drivers License:

S316.2065 Violation Bicycle Regulations - Points on Drivers License: 0

S316.2065 (1) Violation Bicycle Regulations - Points on Drivers License: 0

S316.2065 (2) Not riding upon or astride permanent bike seat - Points on Drivers License: 0

S316.2065 (3) Unlawful number of persons on bike - Points on Drivers License: 0

S316.2065 (3)(a) Unlawful number of persons on bike - Points on Drivers License: 0

S316.2065 (3)(b) Fail to use carrier seat on bike - Points on Drivers License: 0

S316.2065 (3)(c) Fail to attend child in carrier seat on bike - Points on Drivers License: 0

S316.2065 (3)(d) Violation of Helmet regulation (1st violation dismissed upon proof of purchase of helmet) (Applies to both rider and passenger) (Under age 16 only) - Points on Drivers License: 0

S316.2065 (4) Hitch bike to motor vehicle - Points on Drivers License: 0

S316.2065 (5) Slow bike fail to ride right curb - Points on Drivers License: 0

S316.2065 (5)(a) Slow bike fail to ride right curb - Points on Drivers License: 0

S316.2065 (6) Ride bike 2 abreast or more - Points on Drivers License: 0

S316.2065 (7) Ride without hands on handle bar - Points on Drivers License: 0

S316.2065 (8) Riding bike with no or improper light - Points on Drivers License: 0

S316.2065 (9) Parent/guardian allow bike violation - Points on Drivers License: 0

S316.2065 (11) Fail to yield right-of-way to pedestrian - Points on Drivers License: 0

S316.2065 (12) Roller skate, coaster, toy vehicle, skateboards, etc. Unauthorized use of roadway (any violator) - Points on Drivers License: 0

S316.2065 (14) Improper/No bike brake - Points on Drivers License: 0

S316.2065 (15) Sell bike without ID number - Points on Drivers License: 0

S316.2065 (16)(a) Knowingly rent bike to person under age of 16 - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases Citing Statute 316.2065

Total Results: 20

STATE OF FLORIDA v. DOUGLAS DALEY

Court: District Court of Appeal of Florida | Date Filed: 2020-09-23

Snippet: front-facing headlight, in violation of section 316.2065(7), Florida Statutes (2018). This person was later

MARQUESE D. GOODMAN v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-09-27

Snippet: suppress. 2See § 316.2065(7), Fla. Stat. (2017) (requiring that each bicycle

JOHN CASSERLY v. THE CITY OF DELRAY BEACH

Court: District Court of Appeal of Florida | Date Filed: 2017-09-27

Citation: 228 So. 3d 135, 2017 WL 4280599

Snippet: circuit court reasoned that sections 316.0085 and 316.2065(11), Florida Statutes (2014), when read together

State v. Jones

Court: District Court of Appeal of Florida | Date Filed: 2016-11-04

Citation: 203 So. 3d 972, 2016 Fla. App. LEXIS 16438

Snippet: This is a traffic infraction. See § 316.2065(7), Fla. Stat. (2014). Officer Vasconi testified

Ago

Court: Florida Attorney General Reports | Date Filed: 2009-05-14

Snippet: since such regulation was preempted by section 316.2065(12), Florida Statutes. However, the opinion determined

Ago

Court: Florida Attorney General Reports | Date Filed: 2001-02-28

Snippet: must be used while riding a scooter. Section 316. 2065(3)(d), Florida Statutes, provides: "A bicycle

Caraballo v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-03-15

Citation: 753 So. 2d 695, 2000 WL 276056

Snippet: the lack of lights was a traffic violation. § 316.2065, Fla. Stat. (1997). When the officers asked appellant

W.L.D. v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-12-04

Citation: 724 So. 2d 601, 1998 Fla. App. LEXIS 15270, 1998 WL 834964

Snippet: without having his hands on the handlebars. § 316.2065(7), Fla. Stat. (1997). The officer was alone and

State v. Wilson

Court: District Court of Appeal of Florida | Date Filed: 1998-10-21

Citation: 725 So. 2d 1143, 1998 WL 729242

Snippet: without lights after dark in violation of section 316.2065(8), Florida Statutes (1997). It was only after

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-02-25

Snippet: within the city's jurisdiction pursuant to section 316. 2065(10), Florida Statutes, but the regulation of skateboards

Craig v. School Bd. of Broward County

Court: District Court of Appeal of Florida | Date Filed: 1996-08-28

Citation: 679 So. 2d 1219, 1996 WL 483025

Snippet: applicable to the driver of any other vehicle. § 316.2065(1), Fla. Stat. (1989). The instruction based on

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-01-28

Snippet: Regulating the operation of bicycles. In addition, s. 316. 2065, Fla. Stat. (1993), provides certain regulations

Popejoy ex rel. Popejoy v. Harrison

Court: District Court of Appeal of Florida | Date Filed: 1993-03-17

Citation: 615 So. 2d 823, 1993 Fla. App. LEXIS 2881

Snippet: 130(15), Florida Statutes (1989),1 and section 316.2065(10), Florida Statutes (1989).2 Accordingly, we

State v. Banfield

Court: District Court of Appeal of Florida | Date Filed: 1993-01-27

Citation: 614 So. 2d 551, 1993 WL 17753

Snippet: disregarded a stop sign in violation of section 316.2065(1), Florida Statutes (1991). Moreover, neither

Thomas v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-08-08

Citation: 583 So. 2d 336, 1991 WL 41004

Snippet: Municipal Corporations § 15.20 (3d Ed.) Section 316.2065, Florida Statutes, requires certain equipment

State v. Howard

Court: District Court of Appeal of Florida | Date Filed: 1987-06-23

Citation: 510 So. 2d 612, 12 Fla. L. Weekly 1540

Snippet: 316.193 apply to bicyclists. In fact, section 316.2065(1), Fla. Stat. (1985), states that Every person

Velez v. Criterion Ins. Co.

Court: Supreme Court of Florida | Date Filed: 1984-11-29

Citation: 461 So. 2d 1348, 9 Fla. L. Weekly 491, 1984 Fla. LEXIS 3746

Snippet: stationary rails or tracks. [4] See, e.g., § 316.2065(14)-(15), Fla. Stat. (1981). [5] See, e.g., §

Ago

Court: Florida Attorney General Reports | Date Filed: 1984-01-26

Snippet: their nature can have no application. Section 316.2065, F.S., also prescribed certain special regulations

In re Florida Rules of Practice & Procedure for Traffic Courts

Court: Supreme Court of Florida | Date Filed: 1982-02-11

Citation: 410 So. 2d 1337, 1982 Fla. LEXIS 2355

Snippet: all infractions of bicycle regulations, section 316.2065, Florida Statutes, and infractions of pedestrian

MacNeil v. Singer

Court: District Court of Appeal of Florida | Date Filed: 1980-09-24

Citation: 389 So. 2d 232

Snippet: one's bicycle after sundown as required by section 316.2065(9), Florida Statutes (1979), is such a "noncriminal