Florida Statutes

Fla. Stat. § 316.2074 (2025)

All-terrain vehicles.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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—

Notes of Decisions

Cited in 2 cases, 1995–2009 · leading case: Fina v. Hennarichs, 19 So. 3d 1081 (Fla. 4th DCA 2009).

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Fina v. Hennarichs, 19 So. 3d 1081 (Fla. 4th DCA 2009). · cites it 3× “See § 316.2074(1), Fla. Slat. (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.”

Pasteur Health Plan, Inc. v. Salazar, 658 So. 2d 543 (Fla. 3d DCA 1995). · cites it 2× “§ 316.2074, Fla. Stat. (1993). To hold that ATC injuries are excluded under Pasteur's HMO health plan undermines the very rationale the appellant has ascribed to its motor vehicle exclusion clause.”

— 316.2074(1) — 1 case

Fina v. Hennarichs, 19 So. 3d 1081 (Fla. 4th DCA 2009). “See § 316.2074(1), Fla. Slat. (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) — 1 case

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