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Florida Statute 316.2065 | Lawyer Caselaw & Research
F.S. 316.2065 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 316.2065

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
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:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. Sloan points out that he was not cited or arrested for riding a bicycle without lights, apparently suggesting that the lack of a charge or citation shows that the stop was unlawful. But riding a bicycle without lights is a noncriminal traffic infraction. See § 316.2065(19), Fla. Stat. And the fact that Sloan was not issued a citation does not establish the traffic stop's unlawfulness. Finally, while Sloan asserts that Deputy Fisher never articulated an intent to arrest Sloan, he fails to show that Deputy Fisher was required to do so to render the performance of his duties lawful.
    PAGE 24
  2. During the probation violation hearing, Officer Cao testified that on the night of January 28, 2017, at approximately 7:32 p.m., he observed the petitioner on a bicycle circling a four-way intersection. PVH Transcript at 62 (DE# 12-2, 6/19/21). Officer Cao testifed that the petitioner's bicycle did not have a front or rear light on it and that he conducted a consensual encounter to tell the petitioner the importance of having a rear light. (ROA 448). Section 316.2065(7) of the Florida Statutes prescribes:
    PAGE 19
  3. Unbeknownst to Halmu, and for reasons entirely unclear, Defendant Beck got back into his car and started following Halmu while he was riding his bicycle. Id. at ¶ 20. Defendant Beck did not use his siren, horn or PA system to notify Halmu of his approach. Id. Because Halmu's bicycle did not have any rearview mirrors, he was not alerted to Defendant Beck's approach. Id. In fact, Halmu, at all times herein, was unaware that Defendant Beck was following him in his police vehicle. Id. At the 1300 block of Meridian Avenue, Halmu turned onto Meridian Court, a narrow lane road. Id. at ¶ 21. Meridian Court is a "substandard-width lane" as defined by Florida Statute § 316.2065( 5)(a)(3) as "a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane." Id. On information and belief, all officers within the Miami Beach Police Department ("MBPD") should be trained and informed about this provision in the Florida Statutes in order to safely navigate the roadway and effectuate their official duties. Id. Additionally, Defendant Beck should have known that MBPD Standard Operating Procedure (SOP #017), at III.D(3)(c) specifically forbids the…
  4. State v. Daley

    307 So. 3d 698 (Fla. Dist. Ct. App. 2020)
    Two Fort Lauderdale Police Department officers set up a perimeter checkpoint about three blocks away from a reported residential burglary. The BOLO described the burglary suspect as "a black male, approximately 5’11", and wearing a grey hooded sweatshirt." One of the officers testified that he and his colleague observed someone whom they believed matched this description, riding a bicycle without a front-facing headlight, in violation of section 316.2065(7), Florida Statutes (2018). This person was later identified as Defendant. The officers further observed Defendant riding his bicycle westbound from the area of the recently reported burglary, so they conducted a traffic stop at 1:24 a.m.
    PAGE 699
  5. Contrary to Thomas's contention, the record supports a finding of probable cause to stop Thomas. Officer Mach observed Thomas riding a bicycle that lacked the registration required under local ordinance. An officer's decision to initiate a traffic stop is generally reasonable "where the police have probable cause to believe that a traffic violation has occurred." Whren v. United States, 517 U.S. 806, 810 (1996). Based on his observation of Thomas, Officer Mach had sufficient probable cause to stop and detain Thomas for failing to comply with the local ordinance requiring a resident to both register a bicycle and display the registration. See, e.g., United States v. Barker, 2013 WL 6231282 at *3 (M.D. Fla. 2013) ("Thus, even if the Court accepted Defendant's testimony that he was not riding his bicycle in the middle of the road as credible, which the Court does not, the officers still had probable cause to stop and detain Defendant given that it was after sunset, and Defendant's bicycle was not properly equipped with a light in violation of Florida Statute § 316.2065( 7). Thus, the officer's stop and subsequent detention of Defendant to investigate the bicycle infractions…
  6. Two Fort Lauderdale Police Department officers set up a perimeter checkpoint about three blocks away from a reported residential burglary. The BOLO described the burglary suspect as "a black male, approximately 5'11", and wearing a grey hooded sweatshirt." One of the officers testified that he and his colleague observed someone whom they believed matched this description, riding a bicycle without a front-facing headlight, in violation of section 316.2065(7), Florida Statutes (2018). This person was later identified as Defendant. The officers further observed Defendant riding his bicycle westbound from the area of the recently reported burglary, so they conducted a traffic stop at 1:24 a.m.
    PAGE 2
  7. In his Complaint, Watson alleges that Sullivan told him that he pulled Watson over because of an improper light on his bike, but Watson maintains that "the plaintiff had no lights." Complaint at 12. In his Response to the Motion, Watson now asserts that he had a small yellow flashlight that he placed on the handlebars of his bike to illuminate his path. Response at 2. However, in resolving a motion to dismiss, the Court limits its consideration to the facts as alleged in the operative complaint. See Sticher v. Indymac Fin. Servs., Inc., No. 1:13-CV-3961-RLV, 2014 WL 12284025, at *1 (N.D. Ga. Mar. 7, 2014) (noting that "it is well-established that a party cannot amend his or her complaint via legal argument in a response brief."); Lickerish, Ltd. v. Z Lifestyle, No. 18-80572-CIV, 2018 WL 8264631, at *2 (S.D. Fla. July 12, 2018) (noting that "when evaluating a motion to dismiss, this Court looks to the facts alleged in the complaint, not the arguments in the plaintiff's response."). Accordingly, for purposes of resolving the Motion, the Court accepts Watson's allegation set forth in the Complaint that he did not have a light on the bike he was riding at night when he was stopped…
  8. In this case, the motor scooters at issue were within the statutory definition of a motorcycle for purposes of chapter 316, such that the City was limited to the powers in section 316.008 in dealing with traffic movement and control. On this point, the legislature recently made clear that the operation of motorized scooters is permissible and on par with bicycles in most respects such as operating on sidewalks and bicycle paths. Ch. 2019-109, § 3, Laws of Florida, ("Motor Vehicles-Micromobility Devices"); § 316.2128(1), Fla. Stat. (2019) ("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."). The recent legislation further provides that "this section [316.2128] 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." …
  9. Goodman v. State

    280 So. 3d 537 (Fla. Dist. Ct. App. 2019)   Cited 3 times
    See § 316.2065(7), Fla. Stat. (2017) (requiring that each bicycle used between sunset and sunrise have a light visible from at least 500 feet).
  10. Florida Statue § 316.1925 requires that anyone operating a vehicle on Florida roads must do so in a "careful and prudent manner," while Florida Statute § 316.2065(1) provides that, generally, bicyclists have the same duties as drivers of other vehicles.
    PAGE 3

    Cases from cite.case.law:

    CASSERLY, v. CITY OF DELRAY BEACH,, 228 So. 3d 135 (Fla. Dist. Ct. App. 2017)

    . . . The circuit court reasoned that sections 316.0085 and 316.2065(11), Florida Statutes (2014), when read . . . The plaintiff primarily argues the circuit court erred by ruling that sections 316.0085 and 316.2065( . . . the extent he argues that section 316.0085 may be read on its own without consideration of section 316.2065 . . . In any event, to the extent the' circuit court’s ruling may have implicitly recognized that section 316.2065 . . . Section 316.2065(11) provides: No person upon roller skates, or riding in or by means of any coaster, . . . It concluded that the City was not liable as a matter of law based on section 316.2065, Florida Statutes . . . The City moved to dismiss based upon sections 316.0085 and 316.2065, Florida Statutes. . . . It argued that inline skating or rollerblading upon a roadway was prohibited under section 316.2065(11 . . . s ruling held as a matter of law that the City was not liable based upon a' reading of both section 316.2065 . . . Section 316.2065, entitled “Bicycle regulations[,]” is part of the Florida Uniform Traffic Control Law . . .

    MONTANEZ, v. CITY OF ORLANDO,, 678 F. App'x 905 (11th Cir. 2017)

    . . . . § 316.2065(19) (characterizing violations of the statute as noncriminal traffic infractions). . . .

    STATE v. JONES,, 203 So. 3d 972 (Fla. Dist. Ct. App. 2016)

    . . . See § 316.2065(7), Fla. Stat. (2014). . . .

    UNITED STATES v. SMITH,, 772 F.3d 680 (11th Cir. 2014)

    . . . . § 316.2065 (listing regulations for bicycles); id. § 316.073 (noting regulations for animals and animal-drawn . . .

    MALCOLM, v. CITY OF MIAMI POLICE,, 574 F. App'x 881 (11th Cir. 2014)

    . . . . § 316.2065, which required having a visible light on his bicycle between sunset and sunrise, on the . . .

    UNITED STATES v. MERRICKS,, 572 F. App'x 753 (11th Cir. 2014)

    . . . . § 316.2065(5)(a). . . . .

    LANE, v. MRA HOLDINGS, LLC d b a MRA AMX LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002)

    . . . . § 316.2065 . See Fla. Stat. § 499.039. . See Fla. Stat. § 322.05. . See Fla. . . .

    CARABALLO, v. STATE, 753 So. 2d 695 (Fla. Dist. Ct. App. 2000)

    . . . . § 316.2065, Fla. Stat. (1997). . . .

    W. L. D. a v. STATE, 724 So. 2d 601 (Fla. Dist. Ct. App. 1998)

    . . . . § 316.2065(7), Fla. Stat. (1997). The officer was alone and did not draw his weapon. . . .

    STATE v. WILSON,, 725 So. 2d 1143 (Fla. Dist. Ct. App. 1998)

    . . . attempting to stop ap-pellee for operating a bicycle without lights after dark in violation of section 316.2065 . . .

    D. CRAIG v. SCHOOL BOARD OF BROWARD COUNTY,, 679 So. 2d 1219 (Fla. Dist. Ct. App. 1996)

    . . . . § 316.2065(1), Fla. Stat. (1989). . . .

    POPEJOY, POPEJOY, v. HARRISON, 615 So. 2d 823 (Fla. Dist. Ct. App. 1993)

    . . . encompassing the following two statutes: Section 316.130(15), Florida Statutes (1989), and section 316.2065 . . . Section 316.2065(10), Florida Statutes (1989), provides as follows: A person propelling a vehicle by . . .

    STATE v. BANFIELD,, 614 So. 2d 551 (Fla. Dist. Ct. App. 1993)

    . . . The two disregarded a stop sign in violation of section 316.2065(1), Florida Statutes (1991). . . . Moreover, neither bicycle was equipped with lights as required by section 316.2065(8). . . .

    THOMAS, v. STATE, 583 So. 2d 336 (Fla. Dist. Ct. App. 1991)

    . . . Section 316.2065, Florida Statutes, requires certain equipment (lights, reflectors, brakes) on bicycles . . .

    POWERS v. STATE OF FLORIDA, 45 Fla. Supp. 2d 31 (Fla. Cir. Ct. 1990)

    . . . Chapter 316.2065 of the Florida Statutes is entitled “Bicycle Regulations” and contains all regulations . . .

    BRANDY v. STATE OF FLORIDA, 43 Fla. Supp. 2d 11 (Fla. Cir. Ct. 1990)

    . . . It is correct as the Appellee argues that according to F.S. 316.2065(1) the rights and duties of a bicyclist . . .

    STATE v. HOWARD,, 510 So. 2d 612 (Fla. Dist. Ct. App. 1987)

    . . . In fact, section 316.2065(1), Fla.Stat. (1985), states that Every person propelling a vehicle by human . . . Since section 316.193 does not fall within the limited exceptions listed in section 316.2065, it is the . . .

    STATE OF FLORIDA v. WATERS, 24 Fla. Supp. 2d 49 (Broward Cty. Ct. 1987)

    . . . previously found in Section 316.111, Florida Statutes, and later transferred to and expanded in Section 316.2065 . . . criminal traffic offenses (misdemeanors) is further demonstrated by the changed language of Section 316.2065 . . . Section 316.2065 makes it clear that such devices are not “vehicles” but are subject to the statutory . . .

    STATE OF FLORIDA v. HOWARD, 19 Fla. Supp. 2d 37 (Monroe Cty. Ct. 1986)

    . . . Defendant cites 316.2065 F.S.A. which governs the operation of bicycles which does not include DUI jurisdiction . . . (c) 316.2065 F.S.A. (1985 edition) is a statute specifically provided to govern and control the use of . . . Although 316.2065 contains seventeen (17) sections mandating specific use of bicycles not one of those . . . sections addresses the problem to operate or pedal a bicycle while under the influence. 316.2065 also . . . Section 316.2065) does not include D.U.I. jurisdiction. 0) In Jimmy R. Velez v. Criterion Ins. . . .

    R. VELEZ, v. CRITERION INSURANCE COMPANY,, 461 So. 2d 1348 (Fla. 1984)

    . . . See, e.g., § 316.2065(14)-(15), Fla.Stat. (1981). . . . .

    In FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 410 So. 2d 1337 (Fla. 1982)

    . . . violations bureau or clerk’s office: (1) One dollar for all infractions of bicycle regulations, section 316.2065 . . .

    v. SINGER,, 389 So. 2d 232 (Fla. Dist. Ct. App. 1980)

    . . . Failure to have a lamp on one’s bicycle after sundown as required by section 316.2065(9), Florida Statutes . . . argument. .MacNeil was charged with a violation of § 316.111(9), Fla.Stat. (1975), now renumbered § 316.2065 . . .

    In TRAFFIC COURT RULES, 366 So. 2d 400 (Fla. 1978)

    . . . violations bureau or clerk’s office: (1) One dollar for all infractions of bicycle regulations, section 316.2065 . . .