Fla. Stat. § 316.2085
civil infractionverifiedRiding on motorcycles or mopeds
How Florida classifies this section
Noncriminal traffic infraction (civil)
“Except as provided in ss. 318.17 and 320.07(3)(c), any person cited for a violation of chapter 316, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or (3), s. 322.1615, s. 322.19, or s. 1006.66(3) is charged with a noncriminal infraction”
— § 318.14(1), Fla. Stat., verbatim
The statute, verbatim
316.2085 Riding on motorcycles or mopeds. — (1) A person operating a motorcycle or moped shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person, nor shall any other person ride on a motorcycle or moped, unless such motorcycle or moped is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the motorcycle or moped at the rear or side of the operator. (2) A person shall ride upon a motorcycle or moped only while sitting astride the seat, with both wheels on the ground at all times, facing forward, and with one leg on each side of the motorcycle or moped. However, it is not a violation of this subsection if the wheels of a motorcycle or moped lose contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the operator. (3) The license tag of a motorcycle or moped must be permanently affixed to the vehicle and remain clearly visible from the rear at all times. Any deliberate act to conceal or obscure the legibility of the license tag of a motorcycle is prohibited. The license tag of a motorcycle or moped may be affixed horizontally to the ground so that the numbers and letters read from left to right. Alternatively, a license tag for a motorcycle or moped for which the numbers and letters read from top to bottom may be affixed perpendicularly to the ground. Notwithstanding the authorization to affix the license tag of a motorcycle or moped perpendicularly to the ground, the owner or operator of a motorcycle or moped shall pay any required toll pursuant to s. 316.1001 by whatever means available. (4) No person shall operate a motorcycle or moped while carrying any package, bundle, or other article which prevents the person from keeping both hands on the handlebars. (5) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or moped or the view of the operator. (6) A person under 16 years of age may not: (a) Operate a motorcycle that has a motor with more than 150 cubic centimeters displacement. (b) Rent a motorcycle or a moped. (7) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. History. — s. 1, ch. 71-135; s. 1, ch. 76-31; s. 9, ch. 87-161; s. 320, ch. 95-148; s. 7, ch. 96-414; s. 164, ch. 99-248; s. 2, ch. 2008-117; s. 4, ch. 2009-183; s. 7, ch. 2010-223; s. 7, ch. 2012-181. Note. — Former s. 316.108.
sha256 661913093ad0b3dae1ca41b3672a14bd… · 2025 Fla. Stat., dual fetch-path pipeline · permanent corpus page →
Which text, as of when
2025 Florida Statuteslast amended 2012Decoded against the 2025 Florida Statutes as ingested — dual fetch-path verified, hash-pinned. Session laws amend sections on their own effective dates; the 2026 Laws of Florida are indexed as the corpus's overlay.
History. — s. 1, ch. 71-135; s. 1, ch. 76-31; s. 9, ch. 87-161; s. 320, ch. 95-148; s. 7, ch. 96-414; s. 164, ch. 99-248; s. 2, ch. 2008-117; s. 4, ch. 2009-183; s. 7, ch. 2010-223; s. 7, ch. 2012-181. Note. — Former s. 316.108.
License points — the scale, shown
Point values attach on conviction, under § 322.27(3)(d)'s graduated scale. Which row a case lands on can turn on facts the citation and the disposition determine — the rows that could reach this section are shown with their own words and conditions. The scale is shown, not applied.
“All other moving violations (including parking on a highway outside the limits of a municipality)—3 points.”
“Any moving violation covered in this paragraph, excluding unlawful speed and unlawful use of a wireless communications device, resulting in a crash—4 points.”
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The War Room reads the statute box off your citation (typed, or photographed in your browser — the image never uploads), computes your 30-day window with the arithmetic shown, and lays out every option with its consequences quoted. Free with a verified account; no payment, no card.
Open the War Room — free accountQuestions drivers ask
Is a section 316.2085 ticket criminal or a civil infraction in Florida?
Section 316.2085 sits in the noncriminal traffic infraction framework: Except as provided in ss. 318.17 and 320.07(3)(c), any person cited for a violation of chapter 316, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or (3), s. 322.1615, s. 322.19, or s. 1006.6… (§ 318.14(1), Fla. Stat.). The § 318.17 criminal exceptions do not name this section.
What is the deadline after a section 316.2085 citation?
Under § 318.14(4)(a), a person charged with a noncriminal infraction who does not elect to appear generally has 30 days after the date of issuance to pay or enter the clerk's payment plan. The War Room computes the exact window from your citation's issuance date, arithmetic shown, and § 318.15 states what follows a missed window. Verify any date with the clerk of the county on the citation.
What are the options after a section 316.2085 ticket?
The § 318.14 menu, where it applies: pay the penalty (an admission by statute), enter a payment plan, elect the basic driver improvement course where eligible (adjudication withheld, no points, once per 12 months and eight times lifetime), or request the infraction hearing where the state must prove the infraction beyond a reasonable doubt (§ 318.14(6)). Any option can be walked with a licensed attorney — choosing is yours, or one to make with counsel.
How many license points can section 316.2085 carry?
Points attach on conviction under § 322.27(3)(d)'s graduated scale. The rows that could reach this section carry 3, 4 points, with conditions the statute itself states (crash involvement, speed over the limit, school-zone factors). The scale is shown, not applied — which row fits a case depends on facts the citation and the disposition determine.
Can this page tell me what to do about my ticket?
No — and that line is the product. It shows the statute verbatim, the classification, the point rows, and the options with their stated consequences. What to do about a specific ticket is a decision for you, or for a licensed attorney; the free War Room decodes your citation, and the attorney connection is free to request with the firm billing directly.
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