Florida Statute 316.2123 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.2123

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.

F.S. 316.2123 on Google Scholar

F.S. 316.2123 on Casetext

Amendments to 316.2123

Arrestable Offenses / Crimes under Fla. Stat. 316.2123

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.2123.

Civil Citations / Citable Offenses under S316.2123

R or S next to points is Mandatory Revocation or Suspension

S316.2123 (1) ATV - IMPROPER OPERATION on public roadways Must show proof of ownership (Some counties may be exempt.) - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases Citing Statute 316.2123

Total Results: 1

Ago

Court: Fla. Att'y Gen. | Date Filed: 2007-03-23T00:53:00-07:00

Snippet: a partial opt-out of the provisions of section 316.2123, Florida Statutes? Chapter 316, Florida Statutes…agencies. In 2006, the Legislature enacted section 316.2123, Florida Statutes,7 which provides: "(1) … county from this section." Thus, section 316.2123, Florida Statutes, creates a limited exception… intent of the Legislature in enacting section 316.2123 appears to have been to permit the limited use…legislative history surrounding the enactment of section 316.2123 which permits a county to partially opt-out of