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Florida Statute 316.2074 - Full Text and Legal Analysis Florida Statute 316.2074 | Lawyer Caselaw & Research
Fla. Stat. § 316.2074 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Civil Citations under F.S. 316.2074

Driver's license points · R = revocation · S = suspension
§316.2074(3)ATV HELMET LAW - ATV Operators < 16 yrs. of age MUST wear a head-helmet/eye protection
§316.2074(4)ATV FAILURE to give notice of ATV crash
§316.2074(5)ATV Improper operation on public roads, streets or highways

Cases Citing F.S. 316.2074

Fla. Stat. § 316.2074 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Pasteur Health Plan, Inc. v. Salazar, 658 So. 2d 543 (Fla. 3d DCA 1995).

Cited 9 times | Published | Florida 3rd District Court of Appeal | 20 Fla. L. Weekly Fed. D 1083

...Unlike cars, trucks and other motor vehicles, ATCs are not required to be insured. The only statute that deals specifically with all-terrain vehicles merely requires that children under the age of 16 wear a safety helmet and that notice be given of all accidents that result in death or serious injury. § 316.2074, Fla....
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Cited as authority(citing case) (2025)
phrase: "rule_authority"
Cited as authorityBasulto (2009)
phrase: "rule_authority"
Cited as authorityOfstein (2003)
phrase: "rule_authority"
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·Fina v. Hennarichs, 19 So. 3d 1081 (Fla. 4th DCA 2009).

Cited 4 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 14925, 2009 WL 3189192

...foreseeable. Applying that evidence, the jury reached a verdict for the estate. We find no legal reason to disturb that verdict. On all grounds the Finas raised in their appeal, we affirm. Affirmed. DAMOORGIAN and LEVINE, JJ., concur. NOTES [1] See § 316.2074(1), Fla. Stat. (2003) ("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."); § 316.2074(3), Fla....
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Cited as authorityNorman (2013)
phrase: "rule_authority"
Cited as authority(citing case) (2012)
phrase: "rule_authority"
Cited as authorityYoung (2012)
phrase: "rule_authority"
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Ago (Fla. Att'y Gen. 2007).

Published | Florida Attorney General Reports

subjects of traffic control or enforcement.4 Section 316.2074, Florida Statutes, regulates the use of all-terrain
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Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

subjects of traffic control or enforcement.6 Section 316.2074, Florida Statutes, represents the Legislature's

This Florida statute resource is curated by this site's author, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 316 matters in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.