What is the fine for a motorcycle or moped wheelie or a flipped-up license tag in Florida?

Plain-English summary

In 2008, Florida passed Chapter 2008-117 to crack down on dangerous motorcycle and moped stunts. It amended section 316.2085 to require operators to keep both wheels on the ground at all times (with an exception for brief loss of contact caused by the road surface) and to keep the license tag permanently affixed and incapable of being flipped up. It created section 316.1926, which makes a violation of those operating rules, or speeding 50 mph or more over the limit, a moving violation punishable under Chapter 318. And it added section 318.14(13), a tiered fine schedule.

The Department of Highway Safety and Motor Vehicles asked whether the new law really authorized a $1,000 fine for the wheels-on-the-ground and license-tag violations, given some confusing "in lieu of" wording.

Attorney General Bill McCollum said yes. Section 318.14(13)(a) plainly states that a person cited under section 316.1926 must pay a $1,000 fine, and section 316.1926(1) incorporates the operating rules in section 316.2085(2) and (3). The second sentence of (13)(a) says this fine is "in lieu of" the ordinary speeding fine under section 318.18(3)(b) when the citation is for section 316.1926(2), the 50-mph-over speeding variant. The AG read that "in lieu of" clause as limited to the speeding scenario; it does not cut back the first sentence's $1,000 fine for the wheels-and-tag violations. The legislative staff analysis confirmed the Legislature intended the enhanced penalty to reach the motorcycle and moped operating violations. The statute escalates from there: a second violation is $2,500 plus a one-year license revocation, and a third is a third-degree felony with a $5,000 fine and a ten-year revocation.

Currency note

This opinion was issued in 2008. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis, and traffic-fine statutes are frequently revised. Treat this page as historical context, not current legal advice. Verify the current versions of sections 316.1926, 316.2085, and 318.14 before relying on any fine amount or penalty mentioned here.

Common questions

Q: What conduct does the $1,000 fine target?
A: At the time of the opinion, two things: failing to keep both wheels of a motorcycle or moped on the ground (a wheelie), and a license tag that is not permanently affixed or that can be flipped up. Section 316.1926 pulled both rules in from section 316.2085.

Q: What did the "in lieu of" language mean?
A: It meant that for the separate violation of speeding 50 mph or more over the limit (section 316.1926(2)), the new $1,000 fine replaces the ordinary speeding fine under section 318.18(3)(b). The AG read it as applying only to that speeding scenario, not as a limit on the wheels-and-tag fine.

Q: What happens for repeat violations?
A: The opinion describes a tiered scheme: a second violation of section 316.1926 carries a $2,500 fine and a one-year revocation of driving privileges, and a third violation is a third-degree felony with a $5,000 fine and a ten-year revocation.

Q: Is there any defense to the both-wheels rule?
A: The statute itself builds one in: it is not a violation if the wheels lose contact with the ground briefly because of the road surface or other circumstances beyond the operator's control.

Background and statutory framework

Chapter 2008-117 (effective October 1, 2008) wove together three statutes. Section 316.2085(2)-(3) sets the operating and license-tag rules; section 316.1926 makes violating them (or speeding 50+ over) a moving violation; and section 318.14(13) supplies the tiered fines, with the felony tier punishable under sections 775.082, 775.083, or 775.084. The AG applied the plain-meaning rule of statutory construction: when a statute's language is clear, courts give it its obvious meaning without resorting to construction (M.W. v. Davis, 756 So. 2d 90 (Fla. 2000); McLaughlin v. State, 721 So. 2d 1170 (Fla. 1998); Holly v. Auld, 450 So. 2d 217 (Fla. 1984); Osborne v. Simpson, 114 So. 543 (Fla. 1927)). The first sentence of section 318.14(13)(a) being clear, the AG declined to let the "in lieu of" clause in the second sentence narrow it.

Citations

Statutes and session laws

• s. 316.1926, Fla. Stat. (additional penalties; incorporates s. 316.2085(2)-(3))
• s. 316.2085, Fla. Stat. (both wheels on ground; license tag placement)
• s. 318.14(13), Fla. Stat. (tiered fines: $1,000 / $2,500 / felony)
• s. 318.18(3)(b), Fla. Stat. (ordinary speeding fine, displaced for the speeding variant)
• Ch. 2008-117, Laws of Fla. (enacting the scheme; effective Oct. 1, 2008)

Cases

• M.W. v. Davis, 756 So. 2d 90 (Fla. 2000) (plain-meaning rule)
• McLaughlin v. State, 721 So. 2d 1170 (Fla. 1998)
• Holly v. Auld, 450 So. 2d 217 (Fla. 1984)
• Osborne v. Simpson, 114 So. 543 (Fla. 1927)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/traffic-enhanced-penalties-for-motorcyclesmopeds
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/1798

Original opinion text

Ms. Electra Theodorides-Bustle

Executive Director, Florida Department of

Highway Safety and Motor Vehicles

2900 Apalachee Parkway

Tallahassee, Florida 32399-0500

RE: HIGHWAY SAFETY AND MOTOR VEHICLES, DEPARTMENT OF–TRAFFIC– MOTORCYCLES–MOPEDS–LICENSE TAGS–application of enhanced penalties for motorcycle and moped operation and placement of license tag. ss. 316.1926, 316.2085, and 318.14, Fla. Stat.

Dear Ms. Theodorides-Bustle:

You ask substantially the following question:

Does Chapter 08-117, Laws of Florida, authorize the imposition of a $1,000 traffic fine for the failure to keep both wheels on the ground while riding a motorcycle or moped and for the failure to have the motorcycle or moped license tag properly affixed?

Section 1 of Chapter 08-117, Laws of Florida,[1] created section 316.1926, Florida Statutes, which provides:

"(1) A person who violates the provisions of s. 316.2085(2) or (3) shall be cited for a moving violation, punishable as provided in chapter 318.

(2) A person who exceeds the speed limit in excess of 50 miles per hour or more in violation of s. 316.183(2), s. 316.187, or s. 316.189 shall be cited for a moving violation, punishable as provided in chapter 318."

Section 2 of Chapter 08-117, supra, amended section 316.2085(2) and created section 316.2085(3), which respectively provide:

"(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 horizontally to the ground and may not be adjusted or capable of being flipped up."

Section 3 of the 2008 legislation added subsection (13) to section 318.14, Florida Statutes, which provides:

"(13)(a) A person cited for a violation of s. 316.1926 shall, in addition to any other requirements provided in this section, pay a fine of $1,000. This fine is in lieu of the fine required under s. 318.18(3)(b), if the person was cited for violation of s. 316.1926(2).

(b) A person cited for a second violation of s. 316.1926 shall, in addition to any other requirements provided in this section, pay a fine of $2,500. This fine is in lieu of the fine required under s. 318.18(3)(b), if the person was cited for violation of s. 316.1926(2). In addition, the court shall revoke the person’s authorization and privilege to operate a motor vehicle for a period of 1 year and order the person to surrender his or her driver’s license.

(c) A person cited for a third violation of s. 316.1926 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Upon conviction, the court shall impose a fine of $5,000, revoke the person’s authorization and privilege to operate a motor vehicle for a period of 10 years, and order the person to surrender his or her driver’s license."

When the language of a statute is clear and unambiguous and conveys a clear and definite meaning, there is no occasion to resort to the rules of statutory construction as statute must be given its plain and obvious meaning.[2]

Section 318.14(13)(a), Florida Statutes, clearly provides that a person cited for a violation of s. 316.1926, Florida Statutes, shall, in addition to any other requirements provided in this section, pay a fine of $1,000. Section 316.1926(1) specifically incorporates the provisions of section 316.2085(2) and (3), Florida Statutes, which relate to 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, and the placement of the motorcycle or moped license plate. While the second sentence of section 318.14(13)(a) states that this fine is in lieu of the fine required under section 318.18(3)(b), if the person was cited for violation of section 316.1926(2), i.e., exceeding the speed limit in excess of 50 miles per hour or more in violation of section 316.183(2), 316.187, or 316.189, it does not, in my opinion, alter or limit the application of the first sentence.

An examination of the legislative history indicates that the Legislature was aware that a violation of the provisions relating to motorcycles and mopeds would be subject to the enhanced penalty. As stated in the House of Representatives Staff Analysis,

"CS for HB 137 amends s. 316.2085, F.S., regarding proper operation of a motorcycle. The section is expanded to require motorcycle operators to keep both wheels on the ground at all times (however, it is not a violation if the vehicle loses contact with the ground briefly as a result of road conditions). The amended section also requires the license tag to be permanently affixed to the vehicle and to be incapable of being flipped up.

The bill creates a new s. 316.1926, F.S. This section provides additional penalties for two types of violations. Specifically, violating s. 316.2085, F.S., described above, or speeding in excess of 50 miles per hours [sic], is punishable by certain special provisions in Chapter 318. The bill amends s. 318.14, F.S., to provide tiered penalties for these violations."[3] (e.s.)

Accordingly, I am of the opinion that Chapter 08-117, Laws of Florida, authorizes the imposition of a $1,000 traffic fine for the failure to keep both wheels on the ground while riding a motorcycle or moped and for the failure to have the motorcycle or moped license tag properly affixed.

Sincerely,

Bill McCollum

Attorney General

BM/tjw

[1] Chapter 2008-117, Laws of Fla., became effective October 1, 2008. See s. 4, Ch. 2008-117, supra.

[2] See, e.g., M.W. v. Davis, 756 So. 2d 90 (Fla. 2000); McLaughlin v. State, 721 So. 2d 1170 (Fla. 1998); Osborne v. Simpson, 114 So. 543 (Fla. 1927) (where statute's language is plain, without ambiguity, it fixes legislative intention and interpretation and construction are not needed); Holly v. Auld, 450 So. 2d 217 (Fla. 1984). And see In re Order on Prosecution of Criminal Appeals by Tenth Judicial Circuit Public Defender, 561 So. 2d 1130 (Fla. 1990) (best evidence of intent of Legislature is generally plain meaning of statute); Ops. Att'y Gen. Fla. 00-46 (2000) (where language of statute is plain and definite in meaning without ambiguity, it fixes the legislative intention such that interpretation and construction are not needed) and 99-44 (1999).

[3] House of Representatives Staff Analysis on CS/HB 802 (enacted as Ch. 2008-117, Laws of Fla.), dated April 15, 2008; storage name: h0137d.EEIC.doc.