Florida/Georgia Personal Injury & Workers Compensation

...Under these circumstances, an arrest pursuant to § 316.130 could not be reasonable. Durruthy, 235 F. Supp. 2d at 1298. We disagree. First, the statute does not require that there be vehicular traffic in the roadway at the time of the offense. See Fla. Stat. § 316.130(3); see also Fla. Stat. § 316.003(42) (defining “roadway” as “[t]hat portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder” (emphasis added))....

...Nor was it a surprise to 15 anyone at that intersection on the morning of April 22, 2000, that the police had cleared protesters from the street. Second, the definition of “pedestrian” as “[a]ny person afoot,” Fla. Stat. § 316.003(28), contains no exception for anyone, including members of the media....

Conviction at 4 ¶ 11; see Fla. Stat. § 316.003(46) (“Operator” means ”[a]ny person who is

...erm "operator" in conformity with the statutory definition of that term as "[a]ny person who is in actual physical control of a motor vehicle upon the highway, or who is exercising control over or steering a vehicle being towed by a motor vehicle. " § 316.003(25), Fla....

...The defendant, knowing he had been directed to stop by a duly authorized police officer: Give a or b as applicable a. [willfully refused to stop or remain stopped as directed,] b. [willfully fled in an attempt to elude the police officer, after having stopped.] Optional Definitions F.S. 316.003(26) 1. "Operator" means any person who is in actual physical control of a motor vehicle upon the highway, or who is exercising control over or steering a vehicle being towed by a motor vehicle. F.S. 316.003(2) & 316.003(21) 2. "Motor vehicle" means any vehicle which is self propelled (and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails), but not including any bicycle or "moped". F.S. 316.003(54) 3....

...[had a blood or breath alcohol level of 0.10 0.08 percent or higher.] Definitions; "Vehicle" is any device in, upon, or by which any person or give as property is or may be transported or drawn upon a highway, applicable except devices used exclusively upon stationary rails or tracks. F.S. 316.003(75) "Normal faculties" mean those faculties of a person, such as include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives....

...Definitions; "Vehicle" is any device in, upon, or by which any person or give as property is or may be transported or drawn upon a highway, applicable except devices used exclusively upon stationary rails or tracks. F.S. "Normal faculties" mean those faculties of a person, such 316.003(75) as include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives....

...1989) Definitions; "Vehicle" is any device in, upon, or by which any person or give as property is or may be transported or drawn upon a highway, applicable except devices used exclusively upon stationary rails or tracks. F.S. "Normal faculties" mean those faculties of a person such as 316.003(75) include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives....

...First, chapter 28, Traffic Offenses, is hereby renamed "Transportation Offenses." Chapter 28 of the Standard Jury Instructions previously was limited to vehicle-related offenses. New instructions 28.14, 28.15, 28.16, and 28.17, relating to boating under the influence, are not traffic offenses or vehicle-related. Compare § 316.003(75), Fla. Stat. (2008) ("Vehicle" means "[e]very device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.") (emphasis added); and § 316.003(57), Fla....

...the defendant had a [blood] [breath]-alcohol level of .15 or higher while driving or in actual physical control of the vehicle. b. the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the driving under the influence. Definitions. Give as applicable. § 316.003(75), Fla....

...the defendant had a [blood] [breath]-alcohol level of .15 or higher while driving or in actual physical control of the vehicle. b. the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the driving under the influence. Definitions. Give as applicable. § 316.003(75), Fla.Stat....

...possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee, or lessee, or mortgagor shall be deemed the owner, for the purposes of this chapter. § 316.003(26), Fla....

...such conditional vendee, lessee, or mortgagor is the owner for the purpose of this chapter. § 322.01(31), Fla. Stat. (2013). These statutory definitions in 2005, when the accident in this case occurred, contained identical language. §§ 316.003(26), 322.01(30), 324.021(9)(a), Fla....

...led portion of the roadway out of control." Speigel, 341 So.2d at 833. Although Ileana contends that the vehicle never left the traveled portion of the roadway and was not out of control, we are unpersuaded by both arguments. A roadway is defined by section 316.003(43), Florida Statutes (1983), as "that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder." When the car veered off the pavement onto the shoulder it ceased to travel on the roadway....

...§ 17150 (Deering 1972); Idaho Code § 49-1404 (1980); Iowa Code § 321.493 (1983); Michigan Stat.Ann. § 9.2101 (Callaghan 1981) [M.C.L.A. § 257.401]; N.Y.Veh. & Traf.Law § 388 (Consol. 1976). A golf cart is clearly a motor vehicle. The legislature has recently specifically so defined it in section 316.003(68), Florida Statutes (1983), which states: (68) GOLF CART....

...However, the party upon whom the duty is imposed is specifically limited to "operators" of passenger vehicles. Chapter 316 defines "operator" as "[a]ny person who is in actual physical control of a motor vehicle upon the highway, or who is exercising control over or steering a vehicle being towed by a motor vehicle." § 316.003(25), Fla....

...ida Statutes (Supp. 1978). "Truck" is not defined in section 570.15 or anywhere in chapter 570. But the Florida Uniform Traffic Control Law defines it as "Any motor vehicle designed, used, or maintained primarily for the transportation of property." § 316.003, Fla....

...Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 1884, 20 L.Ed.2d 889 (1968); § 901.151(5), Fla. Stat. (1993). McNeil was a passenger in a car traveling on State Road 9, Interstate 95 ("I-95"), at the time the car was stopped. I-95 is a limited access facility ( see § 316.003(19), Fla....

...limited access facility or for any other reason. Such highways or streets may be parkways from which trucks, buses, and other commercial vehicles are excluded; or they may be freeways open to use by all customary forms of street and highway traffic. § 316.003(19), Fla....

...While chapter 316 permits limited municipal authority to regulate traffic, it does not authorize the municipality to convert the civil nature of such traffic offenses into city crimes. 3. Chapter 316 specifically prohibits vehicles (and I would suggest that the statutory definition of "vehicle" in section 316.003(75) includes bicycles) from being equipped with any "siren, whistle or bell, except as otherwise permitted in this section"....

...of fact in the appellant's favor. Because the vehicle in which Ms. Jones was sitting was found to be inoperable so that it could not be moved except by an outside agency, we cannot say that she had actual physical control of a vehicle as defined by § 316.003, Fla....

...culties were impaired. b. had a blood or breath alcohol level of 0.08 or higher. 3. As a result, (defendant) caused or contributed to the cause of the death of (victim). See Magaw v. State, 537 So.2d 564 (Fla.1989) . Definitions. Give as applicable. § 316.003(75), Fla....

...Two types of traffic control devices are defined within the Uniform Traffic Control Law. Official traffic control devices consist of "signs, signals, markings, and devices, ... placed or erected by authority of a public *49 body or official having jurisdiction for the purpose of regulating, warning or guiding traffic." § 316.003(23), Fla. Stat. (1989). The other, designated an official traffic control signal, is defined as "[a]ny device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed." § 316.003(24), Fla....

...ately directing it to stop and proceed, they are obviously not the type of signals defined in subsection (24). Nevertheless, an illuminated flashing signal is clearly included within the general definition of an official traffic control device under section 316.003(23), in that it is a signal which regulates, warns, or guides traffic....

...[2] Even if the court interprets the exclusion clause in light of the Florida Statutes, as the trial court did, Mrs. Salazar would prevail. The Florida Statutes make it clear that the term "motor vehicle" does not encompass every "motor-driven" vehicle. Even section 316.003(21), Florida Statutes (1993), the traffic statute relied upon by appellant, notes that a moped — a motor-driven vehicle — is not a motor vehicle....

App. 1958, 100 So.2d 676; 2 Fla.Jur., Appeals § 316. [3] Reynolds v. Aument, Fla.App. 1962, 137 So.2d

...A primary factor in determining whether an object is a dangerous instrumentality is whether the object at issue is a motor vehicle. See, e.g., Meister, 462 So.2d at 1072. Clearly, a farm tractor is a motor vehicle as it has been defined as such by the Legislature. For instance, section 316.003(12), Florida Statutes (2004), defines a farm tractor as "[a]ny motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry." The Legislature also refers to a farm tractor as a motor vehicle in section 322.01(19), Florida Statutes (2004)....

...Authorized emergency vehicle. If you find (defendant) guilty of burglary, you must also determine if the State has proved beyond a reasonable doubt whether the conveyance [entered] [remained in] was an authorized emergency vehicle. Definition. See § 316.003, Fla....

...ism had been broken or bypassed, unless satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or should have known that the motor vehicle had been stolen. Definitions. Give if applicable. § 316.003, Fla....

...Harbaugh, 754 So.2d 691 (Fla.2000). NOTES [1] We have jurisdiction. See art. V, § 2(a), Fla. Const. [2] Added to the definition of "authorized emergency vehicle" in instruction 13.1 are vehicles of the Florida Department of Corrections, as provided by section 316.003(1), Florida Statutes (2007)....

...Section 322.01(26) defines "Motor vehicle" as: [A]ny self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in section 316.003....

...er's Licenses). Rather, the appellant relies on the fact that in other chapters motor vehicles are defined to exclude mopeds. For example, in the chapter entitled "Uniform Traffic Control" a motor vehicle is defined as excluding bicycles and mopeds, § 316.003(21), Fla....

...efinition of a motor vehicle in section 322.01(26), we *1277 conclude that driving a moped requires a license. [3] We therefore affirm. FARMER and STEVENSON, JJ., concur. NOTES [1] A motorized bicycle is referred to in the definition of a bicycle in section 316.003(2), Florida Statutes, as being a "bicycle propelled by a combination of human power and an electric helper motor rated at not more than 200 watts and capable of propelling the vehicle at a speed of not more than 10 miles per hour on l...

...In later years it has been applied to trucks, buses, tow-motors and other motorized vehicles." In a 4-3 decision, the court held that a golf cart falls within the doctrine due, in part, to Florida statutes that specifically define the term "golf cart" as a motor vehicle. Id. (citing to sections 316.003(68) and 320.01(22), Florida Statutes (1983)). Although there are no Florida statutes that specifically define the term "go-kart" as a motor vehicle, the trial court concluded that a go-kart meets the definition of a "motor vehicle" found in two statutes. Section 316.003(21), Florida Statutes, defines a "motor vehicle" as "any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device or moped." Section 322....

...tutes, defines a "motor vehicle" as "any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideways, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s.316.003." We note that yet another definition of a "motor vehicle" appears in Chapter 320, which governs motor vehicle licenses: (1) "motor vehicle" means: (a) An automobile, motorcycle, truck, semitrailer, truck tractor and semitrailer combination...

...More importantly, it appeared that defendant, who was in control of the vehicle, was intoxicated and acting furtively. The officer was justified in ordering defendant out of the vehicle based on his well-founded suspicion that defendant was DUI. See § 316.003(10); State v....

...ghway, measured from the curb, or in the absence of curbs, from the edges of the traversable roadway or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. [§ 316.003(6)(a) and (b), Fla....

...Those precise questions do not call for subsidiary decisions on whether the decedent's careless conduct, relevant though it is, violated statutes against jaywalking, against driving in the wrong lane, or against speeding. Whether the decedent violated statutes such as section 316.003 and .130, invoked in this case, would be pertinent only if the decedent were to be charged with those violations, see section 316.655, Fla....

...ehicle having 1 or 2 riding saddles and sometimes having a third wheel for the support of a sidecar." Minibike is defined in Webster's New Collegiate Dictionary (1976) as "a small one-passenger motorcycle having a low frame and elevated handlebars." Section 316.003(22), Florida Statutes (1975), of the Florida Uniform Traffic Control Law, was amended by Ch....

...minibike can hardly be said to be that which we have traditionally associated with motorcycles. However the definition provided in Nicholson for motorcycle could as easily be applied to bicycles. Compare the definition for the latter as set forth in Section 316.003(2), Florida Statutes (Supp....

...To construe the statute in the manner argued by State Farm would be illogical, unreasonable and a departure from common sense. Accordingly we feel the only logical interpretation which can be accorded to the word "motorcycle" is that the motor minibike involved in the accident is a motordriven cycle as defined under Section 316.003(23), and is not a motorcycle as contemplated by Section 627.736....

conform to the definition of that phrase in section 316.003, Florida Statutes (2012), the definition under

defendant’s license or permit to drive. Fla. Stat. 316.003(75) “Vehicle” means every device, in, upon

...Section 322.03(1) of the Florida Statutes provides that "... a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver's license ...," and the definition of a "motor vehicle" is found in both § 322.01(26) and § 316.003(21)....

...Section 322.01(26) defines a motor vehicle as: ... any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003. Applying this definition, the subject vehicle is a self-propelled vehicle, it is not moved solely by human power, and it is not a motorized wheelchair. The subject vehicle is also not a motorized bicycle under § 316.003(2), which defines a motorized bicycle as a vehicle propelled by a combination of human power and an electric helper motor rated at not more than 200 watts and incapable of propelling the vehicle at a speed of not more than 10 m.p.h. on level ground. In view of the foregoing, the "goped" is a motor vehicle as defined in § 322.01(26). The other definition of a motor vehicle under § 316.003(21), defines a motor vehicle as "[A]ny self-propelled vehicle not operated upon rails or guideway, but not including any bicycle or moped." The "goped" is not a bicycle, and the only remaining motor vehicle exception is a "moped." Section 316.003(77) defines a moped as: Any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than 3 wheels; with a motor rated not in excess of 2 brake horsep...

...ctly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters. The "go-ped" is not a moped as defined under § 316.003(77), as it has no pedals to permit propulsion by human power, and has no seat or saddle. Based on the foregoing, it is clear that the "go-ped" is a "motor vehicle" as defined in § 322.01(26) and § 316.003(21), and that neither the motorized wheelchair, motorized bicycle, bicycle or moped exceptions apply....

...include heavy construction equipment such as a backhoe. "Conveyance" is defined in section 810.011(3), Florida Statutes (1983), as "any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car... ." "Motor vehicle" is defined in section 316.003(21), Florida Statutes (1983), as "any vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but not including any bicycle or moped as defined in subsection *871 (2)." In subsection 316.003(75), Florida Statutes (1983), "vehicle" is defined as [e]very device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks." Similar definitions of motor vehicles and vehicles are found in sections 320.01, 322.01, and 520.02(7), Florida Statutes (1983). Chapter 316, Florida Statutes (1983), also contains a definition of special mobile equipment in section 316.003(49): SPECIAL MOBILE EQUIPMENT....

...The term does not include house trailers, dump trucks, truck-mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached. (Emphasis added). Obviously, by enacting section 316.003(49), the legislature does not consider vehicles for construction use to be "motor vehicles" as they have assigned such vehicles to a "special" category. A backhoe, generally, is a tractor which is used for digging pipelines, ditches, holes, swimming pools, and so forth. Such equipment is not run on the streets and is not used for transporting people. The state argued that because sections 316.003(21) and 322.01 provide definitions which broadly include every vehicle which is self-propelled, the backhoe should be deemed a motor vehicle within the statutory definition of a conveyance....

...r driveway yield to approaching road traffic, and in subsection (2) that a vehicle entering a road from a private road or driveway in a business or residential district stop before entering the road. [1] Defense counsel pointed out to the court that section 316.003 defines residential and business districts....

...§ 627.736(4)(d)(1), Fla. Stat. (Supp. 1980). Section 627.732(1), defines "motor vehicle" as: [A]ny self-propelled vehicle which is of a type both designed and required to be licensed for use on the highways of this state except mopeds, as defined in s.316.003(2), ......

...peds were specifically excepted from the definition of motor vehicles and as motor vehicles are defined as self-propelled vehicles, then mopeds must be self-propelled vehicles. Section 627.732(1), however, specifically refers to mopeds as defined in section 316.003(2). [2] Section 316.003 provides for mopeds within the definition of "Bicycles": (2) Bicycle....

...of 1 1/2 brake horsepower, upon which any person may ride, having two tandem wheels, either of which is 20 inches or more in diameter, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. *877 Section 316.003 also provides the following definitions: (21) Motor vehicle....

...State Farm does not dispute that Link's moped is a bicycle under chapter 316 but rather argues that this chapter should not be used to define terms under the no-fault insurance act. As was mentioned above, section 627.732(1) excepted mopeds as defined in section 316.003(2) from its definition of motor vehicles....

...fault insurance act. See State Farm Mut. Auto. Ins. Co. v. O'Kelley, 349 So.2d at 718. In O'Kelley, the court held that a minibike with between 3 1/2 to 5 brake horsepower which was involved in an accident was a "motor-driven cycle" as defined under section 316.003(23) [3] and not a motorcycle as contemplated by section 627.736 and thus the insurance carrier was required to pay PIP benefits to the plaintiff....

...le," he was entitled to PIP benefits. AFFIRMED. ORFINGER C.J., and COWART, J., concur. NOTES [1] §§ 627.730-627.741, Fla. Stat. (Supp. 1980). [2] Chapter 316 is known as the "Florida Uniform Traffic Control law." § 316.001, Fla. Stat. (1981). [3] Section 316.003(23) provides as follows: Motor-driven cycles....

..."Motor vehicle" is defined for the purposes of chapter 322 as: any self-propelled vehicle, including a motor vehicle combination, [2] not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003. § 322.01(26). Motorized bicycles, the only category excluded from the definition of "motor vehicle" that is potentially relevant here, are defined within the definition of "bicycle" in section 316.003(2), Florida Statutes (2004)....

...(emphasis added) This section contemplates applicability to all "vehicles" since it is not limited to "motor vehicles," as are many of the other statutes dealing with driving while under the influence. See § 316.1932-.1934, 322.261, *613 261, .28, Fla. Stat. (1985). Compare § 316.003(76), Fla. Stat. (1985) (defining a "vehicle") with § 316.003(21), Fla. Stat. (1985) (defining a "motor vehicle"). A "vehicle" is defined in section 316.003(76), Florida Statutes (1985), as: [e]very device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Under the Florida Statutes, a bicycle is defined as a vehicle. § 316.003(2)....

...to a person operating a bicycle while under the influence. Had the legislature intended to exclude bicyclists, it could have made section 316.193 applicable only to a "motor vehicle," as the statutory definition of a motor vehicle excludes bicycles, § 316.003(21), Fla....

...esort to the rules of statutory construction"), appeal dismissed, 383 So.2d 1197 (Fla. 1980). [3] Since section 316.193 applies to all persons driving, or in actual physical control of, any "vehicle," and since a bicycle is a "vehicle" as defined in section 316.003(64), we find that section 316.193 applies to bicyclists. Accordingly, the order under review is Reversed and remanded for further proceedings. NOTES [1] § 316.003(2) provides in pertinent part: BICYCLE....

...— Every vehicle propelled solely by human power ..., upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. (emphasis added) [2] A "motor vehicle" is defined in section 316.003(21) as: [a]ny vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but not including any bicycle or moped as defined in subsection (2). (emphasis added) [3] Our decision is further supported by the fact that in 1983 the legislature amended the definition of a vehicle under section 316.003(64), by removing the specific exclusion of bicycles, thereby including them in the definition....

was caused to (victim). Definition. Fla. Stat. § 316.003(21). Motor vehicle means a self-propelled vehicle

...The cautionary instruction was designed to protect the School Board from the imposition of a higher standard than the law required. The instruction based on section 316.125(1), Florida Statutes (1989), was properly given. The tricycle was a "bicycle" within the meaning of section 316.003(2), Florida Statutes (1989). A bicycle is a "vehicle" under Chapter 316. § 316.003(2), (75), Fla....

...er vehicle. § 316.2065(1), Fla. Stat. (1989). The instruction based on section 316.130(8), Florida Statutes (1989), should not have been given *1224 because Jamie was not a "pedestrian," defined as "[a]ny person afoot," at the time of the accident. § 316.003(28), Fla....

...ses, tow motors and other motorized vehicles. A golf cart clearly falls within the definition of a "motor vehicle." The American Heritage Dictionary defines "motor vehicle" *983 as "Any self-propelled, wheeled conveyance that does not run on rails." Section 316.003(21), Florida Statutes (1981) defines a motor vehicle as follows: Motor Vehicle — Any vehicle which is self propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but not including any bicycle or moped as defined in subsection (2)....

...tions 627.730-627.741, Florida Statutes (1981). Therefore, as stated previously, the only question is whether a moped is a self-propelled vehicle. The Link court answered this question in the negative, finding that a moped is a bicycle as defined in section 316.003(2), Florida Statutes (1981), [2] and not a vehicle as defined in section 316.003(64)....

...We note that the legislature has addressed mopeds under various laws dealing with bicycles, [4] motor vehicles, [5] and motorcycles, [6] giving them characteristics of each group. For purposes of the Florida Automobile Reparations Reform Act, however, we find that section 627.732(1), by its reference to section 316.003(2), unambiguously defines mopeds as bicycles....

...NOTES [1] Section 627.732(1), Florida Statutes (1981), reads as follows: "Motor vehicle" means any self-propelled vehicle which is of a type both designed and required to be licensed for use on the highways of this state except mopeds, as defined in s. 316.003(2)... . [2] Section 316.003(2), Florida Statutes (1982), reads as follows: BICYCLE....

...of 1 1/2 brake horsepower, upon which any person may ride, having two tandem wheels, either of which is 20 inches or more in diameter, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. [3] Section 316.003(64), Florida Statutes (1981), reads as follows: VEHICLE....

reference to “bicycles” and “mopeds,” citing section 316.003(75), Florida Statutes (2012). In addition,

...She argued that section 322.03(1) does not provide a clear meaning of the conduct which is prohibited by statute, *1128 thereby rendering it unconstitutionally vague. At the hearing on the motion to dismiss, appellee argued that a motor vehicle, which is defined in section 316.003(21), Florida Statutes, specifically excludes bicycles and mopeds from the definition....

...Section 322.01(26), Florida Statutes (2001), defines "motor vehicle" as follows: "Motor vehicle" means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003....

...Criterion Insurance Company, 461 So.2d 1348 (Fla. 1984) and State Farm Mutual Automobile Insurance Company v. Link, 416 So.2d 875 (Fla. 5th DCA 1982). We also found in Prinzo that the definitions provided under the No-Fault Act (section 627.732(1)), the Traffic Control Law (section 316.003(2) and (21)), the Motor Vehicle Licenses Law (section 320.21(1)) and the Financial Responsibility Law (section 324.021(1)) should be read in pari materia, which compels the conclusion that the legislature did not intend to characterize a moped as a motor vehicle or self-propelled vehicle....

...and "van." [21] In response, Plaintiff contends that his 15 passenger vehicle is a bus pursuant to both state and federal law. [22] *1299 Specifically, Plaintiff contends that his vehicle falls within the statutory definitions of "bus" in Fla. Stat. § 316.003(3) and 49 U.S.C....

...Gov't of Nashville & Davidson County, ___ U.S. ___, 129 S.Ct. 846, 850, 172 L.Ed.2d 650 (2009) (A term that is undefined in a statute bears its ordinary meaning). [21] The Commission concedes that the 15 passenger vehicle falls within the definition of bus in Fla. Stat. § 316.003(3), which provides that "[a]ny motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons and any motor vehicle, other than a taxicab, designed and used for the transportation of persons for comp...

...That is, the Commission fails to explain why the fifteen-passenger vehicle, even when operating in Hillsborough County, cannot be both a "van" for purposes of Special Act and a "bus" for purposes of the Florida Uniform Traffic Control Act, pursuant to Fla. Stat. § 316.003(3)....

...The breaking point is based on passenger capacity. Buses of less than 38 passenger capacity pay the $10 user fee. A bus is defined by the Florida Legislature for traffic control purposes as any motor vehicle with a capacity of 10 passengers or more § 316.003(3), Florida Statutes, 1989....

the definitions of "driver" and "vehicle" in § 316.003, Florida Statutes, for this crime. This

...89). That statute applies to nonpublic-sector buses, a term which essentially encompasses all buses carrying persons for compensation, other than those owned or operated by governmental units or certain governmentally related nonprofit corporations. § 316.003(78), Fla....

...h the color and identification requirements of chapter 234 and is used to transport children to or from school or in connection with school activities, but not including buses operated by common carriers in urban transportation of school children. " § 316.003(45), Fla....

define the terms “stop,” “stand,” and “park.” Id. § 316.003. To “park” is defined as “[t]he standing of a

chapter 316, Florida Statutes, are found in section 316.003 and those words and phrases “shall have the

...The new wording refers to any self-propelled vehicle which can be used on the highways. This category includes ATVs, ditchdiggers and cranes which at times traverse the highways. Chapter 316 defines this category of vehicle as "special mobile equipment" not designed primarily for transportation or for use on the highway. § 316.003(48), Fla....

Definitions. Give as applicable. § 316.003(75), Fla. Stat. Vehicle is every device

...the authority issuing such permit and for the maintenance of which the authority is responsible. The permit shall describe the vehicle or vehicles and load to be operated or moved and the highways for which the permit is requested. (Emphasis added). Section 316.003(25), Florida Statutes (1989), defines the term "operator" as used in chapter 316 to mean, "Any person who is in actual physical control of a motor vehicle upon the highway, or who is exercising control over or steering a vehicle being towed by a motor vehicle." Section 316.003(29), Florida Statutes (1989), defines the term "person" as, "Any natural person, firm, copartnership, association, or corporation." Reading these provisions in pari materia, we construe section 316.550 as meaning the person who is the...

...the trial court to determine damages and for entry of a judgment in favor of Abreu. We affirm the denial of Lloyd's' motion to dismiss for lack of prosecution. AFFIRMED IN PART; REVERSED IN PART AND REMANDED. NOTES [*] Specifically, Lloyd's cites to § 316.003(53), Fla....

and the traffic control device being violated. § 316.003(87), Fla. Stat. (2011). . Any sheriffs department

the public for purposes of vehicular traffic. § 316.003(53)(a), Fla. Stat. (2007); see also § 322.01(38)

Definitions. Give as applicable. § 316,003(95), Fla. Stat. “Vehicle” is every device

...Thus, the narrow issue before us is whether the vehicles owned by Crane are motor vehicles as defined by law, and thus exempt from ad valorem taxation. In looking to a legislative definition of motor vehicle, we find that the term is defined in numerous places throughout the Florida Statutes. See § 316.003(21), Fla. Stat. (1985) ("motor vehicle" is "[a]ny vehicle which is self-propelled ..."; § 316.003(76), Fla....

...the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, such vehicles as run only upon a track, bicycles, or mopeds as defined in s. 316.003(2)....

...oving equipment. The term does not include house trailers, dump trucks, truck-mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached. [Emphasis added]. § 316.003(49), Fla....

...the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, such vehicles as run only upon a track, bicycles, or mopeds as defined in s. 316.003(2)....

...emand with instructions that it be reinstated. Reversed and remanded. FULMER, A.C.J., and STRINGER, J., Concur. NOTES [1] The order erroneously states that the trial court was granting a motion to suppress. [2] Traffic control devices are defined in section 316.003(16), Florida Statutes (2000), as follows: "All signs, signals, markings, and devices, not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, w...

the Florida Uniform Traffic Control Law. See § 316.003(26), Fla. Stat. (2005) (conditional sales exception

use as the previously approved drug.” 21 C.F.R. § 316.3(b)(14)(i). “Moiety,” in this context, means the

2 Section 322.01(8), F.S. 3 Section 316.003(66)(b), F.S. 4 Section 316.003(3), F.S. 5 Section 316.615(1)(b)

by chapter 316 and is expressly preempted. Section 316.003, Florida Statutes, contains ninety-three definitions

Stat. 3 Section 316.614(5), Fla. Stat. 4 Section 316.003(21), Fla. Stat. 5 Section 316.614(3)(a), Fla

the "Florida Uniform Traffic Control Law." 8 Section 316.003(75), Fla. Stat. (1993). 9 See, Webster's New

temporary driveway. . . ." (e.s.) As noted above, section 316.003(21), Florida Statutes, excludes motorized scooters

REFER TO ANY `BUS' AS THAT TERM IS DEFINED IN SECTION 316.003(3), F.S., OR ONLY TO A `SCHOOL' BUS AS THE

Stat. 11 Section 316.008(1)(a), Fla. Stat. 12 Section 316.003(53)(b), Fla. Stat. 13 See s. 316.194(3)(b)1

loading or unloading merchandise or passengers.” § 316.003(55), (82), (84), Fla. Stat. (2022).

Statutes (1985), and not a moped as defined in section 316.003(2), Florida Statutes (1985). As a motor vehicle

employed in the Florida Traffic Control Law, F.S. § 316.003(22) (any motor vehicle . designed to travel on

traffic control signal steady red light. § 316.003(87). In addition, a city may employ, as

revealed by these dictionary definitions. See, e.g., § 316.003(57), Fla. Stat. (2014) (similarly defining the

Definitions. Give if applicable. § 316.003, Fla. Stat. "Authorized emergency vehicles"

not “motor vehicles” within the meaning Of section 316.003(21), and that the Depártment should have charged

including any bicycle or moped_” See Fla.Stat.Ann. § 316.003(21). See also M.J.S. v. Florida, 453 So.2d 870

316.072(5)(b) and (c), F. S. (1976 Supp.). Section 316.003(1), F. S. (1976 Supp.), defines "authorized

exclusively upon stationary rails or tracks. Section 316.003(21) provides that, for purposes of Ch. 316

discussed throughout the chapter. See, e.g., id. § 316.003(28) (defining pedestrian); id. § 316.130 (describing

authorized emergency vehicle. Definition. See § 316.003 (1), Fla. Stat. An

....01(26) defines a "motor vehicle" as "any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003." A motorized bicycle is defined, in part, as a vehicle not capable of exceeding a speed of twenty miles per hour. § 316.003(2), Fla....

...Manchado did not allege that the vehicle fell within the exception for motorized bicycles. A motorized bicycle by definition is not capable of exceeding a speed of twenty miles per hour, whereas here it was alleged that the vehicle could not exceed thirty miles per hour. § 316.003(2), Fla....

provisions of chapters 320 or 322, F.S. (e.s) 2 Section 316.003(32), Fla. Stat. (1993), defines "POLICE OFFICER"

traffic control signal steady red light. § 316.003(87), Fla. Stat. (2014). In layman's terms, a traffic

percent or higher.] Definitions Give as applicable F.S. 316.003(76) “Vehicle” is any device, in, upon, or by

Stat. 4 Id. 5 Section 316.069, Fla. Stat. 6 Section 316.003(85), Fla. Stat., defines "victim services programs"

definition of "private road or driveway." Section 316.003(53)(b), F.S., includes within the definition

(section 627.732(1)), the Traffic Control Law (section 316.003(2) and (21)), the Motor Vehicle Licenses Law

of traffic upon the streets and highways." Section 316.003(20), F. S., defines "local authorities" to

necessity for adoption of the statute. 4 Id. 5 Section 316.003(85), Fla. Stat., defines "victim services programs"

not “stop” his vehicle within the meaning of section 316.003(52), Florida Statutes (2000). However, based

. . ."5 (e.s.) "STATE ROAD" is defined by section 316.003(50), Florida Statutes, as "[a]ny highway designated

expressly preempted to the state by general law. 3 Section 316.003(57), Fla. Stat. 4 See, s. 316.003(42) and (53)

Worth Road is a six-lane, divided highway. See § 316.003(53)(a), Fla. Stat. (1999). A raised concrete median

...-  If the State proves that the defendant willfully failed to give any part of the “identifying information” or willfully failed to give reasonable assistance, the State satisfies this element of the offense. Definitions. Fla. Stat. § 316.003(75). A “vehicle” is every device, in, upon, or by which any person or property is, or may be, transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks. “Identifying informatio...

...attempt to elude the officer. Definitions. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. Fla. Stat. § 316.003(53) “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. Fla. Stat. § 316.003(75) “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Patterson v....

...activated. Definitions. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. Fla. Stat. § 316.003(53) “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. Fla. Stat. § 316.003(75) “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Patterson v....

...or property. Definitions. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. Fla. Stat. § 316.003(53) “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. Fla. Stat. § 316.003(75) “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. - 10 -  Patterson v....

...] [her] vehicle]. Definitions. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. Fla. Stat. § 316.003(53) “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. Fla. Stat. § 316.003(75) “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Patterson v....

...number, and, if available and requested, the exhibition of the defendant’s license or permit to drive. “Reasonable assistance” includes carrying or making arrangement to carry the injured person to a physician or hospital for medical treatment. Fla. Stat. § 316.003(75) “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Les...

...- 17 -  Fla. Stat. § 316.062(1). “Identifying information” means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant’s license or permit to drive. Fla. Stat. § 316.003(75) “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Less...

...number, and, if available and requested, the exhibition of the defendant’s license or permit to drive. “Reasonable assistance” includes carrying or making arrangement to carry the injured person to a physician or hospital for medical treatment. Fla. Stat. § 316.003(75) “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks....

...1st DCA 1987) “Willfully” means intentionally, knowingly, and purposely. Fla. Stat. § 316.062(1) “Identifying information” means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant’s license or permit to drive. Fla. Stat. § 316.003(75) “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Less...

...ene of a fire, rescue operation, or other emergency]. 6. (Defendant) willfully failed to obey [or] [willfully refused to comply] with the [order] [or] [direction] given. Definitions. Give as applicable. § 316.003(75), Fla....

...property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987). “Willfully” means intentionally, knowingly, and purposely. § 316.003(2), Fla....

payment . . . .” The pre-2012 version of section 316.003 defined “motor vehicle” as “(21) Motor vehicle

payment . . . .” The pre-2012 version of section 316.003 defined “motor vehicle” as “(21) Motor vehicle

trial court in its conclusion that reading section 316.003(43), Florida Statutes (1985), with subsection

Stat. 12 Section 334.03(31), Fla. Stat. 13 Section 316.003(53), Fla. Stat., defines "street or highway"

as "commercial motor vehicles" pursuant to section 316.003(66), Florida Statutes, and issues registration

of Chapter 02-20, Laws of Florida, amends section 316.003(21) to define "motor vehicle" as "[a]ny self-propelled

General RAB/tgk 1 Section 316.003(21), F.S. 2 Section 316.003(2), F.S. 3 Section 316.003(77), F.S. 4 Cf

or higher.] Definitions; give as applicable F.S. 316.003(75) “Vehicle” is any device in, upon, or by

insurance and indemnification by the party. 7 Section 316.003(53), F.S. 8 See, s. 316.2045(1), F.S., providing

italicized note preceding the definition from section 316.003(99), Florida Statutes (2018): "Some of these

communities and private business communities. 8 Section 316.003(1), F.S. 9 Memorandum to Chief Calvin Ross

Statutes (1981), “except mopeds, as defined in section 316.003(2).” That phrase was specifically included

to elude the officer. Definitions. § 316.003(48), Fla. Stat. “Operator” means any person

Definitions. Give if applicable. § 316.003, Fla. Stat. “Authorized emergency vehicles”

noted that "local authorities," defined by section 316.003(20), Florida Statutes, to include officers

vehicular operation by the general public." (e.s.) Section 316.003(54), F.S. (1982 Supp.), as amended by s 1 of

authorized emergency vehicle. Definition. See § 316.003, Fla. Stat. An “authorized emergency vehicle”

Definitions. Give as applicable. § 316.003(75), Fla. Stat. Gaulden v. State

A. Butterworth Attorney General RAB/tls 1 Section 316.003(2), Fla. Stat. 2 See, Op. Att'y Gen. Fla. 93-45

2d 468, 470 (Fla. 1993). 8 Section 316.003(42), Fla. Stat. 9 Section 316.003(47), Fla. Stat., defines the

wheelchairs, and motorized bicycles as defined in section 316.003. § 322.01(26), Fla. Stat. (2004). Clearly,

per hour. "Residence district" is defined by section 316.003(38), Florida Statutes, as "The territory contiguous

and special mobile equipment are defined in § 316.003, Fla. Stat. and should be defined if applicable

classified as special mobile equipment under section 316.003(48), Florida Statutes (2013). He argued, based

power” from the definition of “motor vehicle.” § 316.003(2) & (21), Fla. Stat. Likewise, the driver’s license

conjunction with the definitional provisions of Section 316.003(43), Florida Statutes, that the driver of appellee’s

(h) Regulating the operation of bicycles. Section 316.003(2), F. S., defines `bicycle' to include a `moped'

...y in fact sufficient to establish standing. 7 In their opposition to Sheriff Croft’s Motion for Summary Judgment, Plaintiffs state that they did not step into the roadway. Plaintiffs use the definition of roadway provided in Fla. Stat. 316.003(42): “Roadway - the portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.” In light of this definition, Plaintiffs’ testimony that they engaged in exactly the same activity...

...Instead, we must accept the evidence in the record as true and review the district court's order on 7 In their opposition to Sheriff Croft's Motion for Summary Judgment, Plaintiffs state that they did not step into the roadway. Plaintiffs use the definition of roadway provided in Fla. Stat. 316.003(42): "Roadway—the portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder." In light of this definition, Plaintiffs' testimony that they engaged in exactly the same activity as Bow...

sleeping car....” “Motor vehicle” is defined in section 316.003(21), Florida Statutes (1983), as “any vehicle

definition of motorized bicycle set forth in section 316.003, Florida Statutes (2014). The State’s

used the definition of “roadway” found in section 316.003(42), Florida Statutes (1995), because that

instances includes a definition of the term. Section 316.003(45), Florida Statutes (1998 Supplement), provides

within the provisions of this chapter." 4 Section 316.003(53)(b), Fla. Stat.

a limited right or easement.” 2010 Fla. Stat. § 316.003(19).

right to travel by motor vehicle thereon). 4 Section 316.003(53)(a), F.S. 5 The fact that a fee is charged

Definitions. Give if applicable. § 316.003, Fla. Stat. “Authorized emergency vehicles”

authorized emergency vehicle. Definition. See § 316.003, Fla. Stat. An “authorized emergency vehicle”