Florida/Georgia Personal Injury & Workers Compensation

...of an adult who is acting with the consent of the minor's parent"). [48] See Fla. Stat. § 24.1055. [49] See Fla. Stat. § 849.0931. [50] See Fla. Stat. § 849.085. [51] See Fla. Stat. § 550.0425. [52] See Fla. Stat. § 548.069. [53] See Fla. Stat. § 316.2065 [54] See Fla....

...The question is whether the legislature has denied municipalities the right to legislate on the subject. The mere existence of state regulations does not preclude a local authority from adding additional requirements as long as no conflict exists. 5 McQuillin, Municipal Corporations § 15.20 (3d Ed.) Section 316.2065, Florida Statutes, requires certain equipment (lights, reflectors, brakes) on bicycles but does not prohibit bells, gongs or other audible warning devices....

...Section 318.14, Florida Statutes (1975) provides that persons cited for violations of "noncriminal traffic infractions" may pay the civil penalty by mail or in person within ten days of receiving the citation. Failure to have a lamp on one's bicycle after sundown as required by section 316.2065(9), Florida Statutes (1979), is such a "noncriminal traffic infraction." The statute also provides that if the person cited either pays his penalty or forfeits his bond, "he shall be deemed to have admitted the infraction." Without c...

...We cannot agree that the error in this case was harmless. REVERSED and REMANDED. ORFINGER, J., concurs. COBB, J., concurs without participation in oral argument. NOTES [1] MacNeil was charged with a violation of § 316.111(9), Fla. Stat. (1975), now renumbered § 316.2065(9), Fla....

...We agree that the stop of defendant and his companion was not pretextual. Officer Stephens testified at the suppression hearing that he saw defendant and his companion traveling together on bicycles at 2:30 a.m. The two disregarded a stop sign in violation of section 316.2065(1), Florida Statutes (1991). Moreover, neither bicycle was equipped with lights as required by section 316.2065(8)....

...While we agree with appellee that a full custodial arrest for violation of a municipal ordinance is improper, such was not the case here. The record reveals that the officers were justified in attempting to stop appellee for operating a bicycle without lights after dark in violation of section 316.2065(8), Florida Statutes (1997)....

...86-296, § 1), without changing its applicability to all vehicles. We must assume that the legislature's inaction in the face of its recent amendment to the definition of the term "vehicle" reflects an intention on its part to have section 316.193 apply to bicyclists. In fact, section 316.2065(1), Fla....

...this chapter, except as to special regulations in this chapter, and except as to provisions of this chapter which by their nature can have no application. (emphasis added). Since section 316.193 does not fall within the limited exceptions listed in section 316.2065, it is the legislature's expressed intention that bicyclists be bound thereby.

...At the time of the stop, a reasonable officer in Parker’s position would have had more than arguable suspicion that Montanez had violated a Florida civil traffic law, which requires that “[e]very bicycle in use between sunset and sunrise shall be equipped with a lamp on the front.” Fla. Stat. § 316.2066 (7); id. § 316.2065(19) (characterizing violations of the statute as noncriminal traffic infractions)....

...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. Stat. (1989). A bicyclist generally has all the same rights and duties under the chapter that are applicable to the driver of any other vehicle. § 316.2065(1), Fla....

...[3] Section 316.003(64), Florida Statutes (1981), reads as follows: VEHICLE. — Any device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, except bicycles or mopeds as defined in subsection (2) or devises used exclusively upon stationary rails or tracks. [4] See, e.g., § 316.2065(14)-(15), Fla....

...Jones was armed, the law enforcement officer who stopped Mr. Jones had no basis to handcuff him and search his bookbag. Accordingly, we affirm. Mr. Jones was riding his bicycle at night without proper lighting. This is a traffic infraction. See § 316.2065(7), Fla....

...Goodman should have known that the officer was directing him to stop using his lights and siren because Mr. Goodman 1Mr.Goodman pled guilty to these charges but reserved the right to appeal the denial of his dispositive motion to suppress. 2See § 316.2065(7), Fla....

...In the complaint, the plaintiff alleged, in sum, that the City’s negligence in failing to repair or warn against a pothole in the City’s street caused him injuries when he tripped over the pothole while rollerblading in the street. The circuit court reasoned that sections 316.0085 and 316.2065(11), Florida Statutes (2014), when read together, precluded the City’s liability. The plaintiff primarily argues the circuit court erred by ruling that sections 316.0085 and 316.2065(11) must be read together....

...According to the plaintiff, each statute is clear and unambiguous and should have been given them plain and obvious meanings, which do not preclude the City’s liability. We agree with the plaintiff to the extent he argues that section 316.0085 may be read on its own without consideration of section 316.2065(11)....

...ed while inline skating, in an area not designated for such activity. Given our conclusion that section 316.0085, read on its own, precludes the City’s liability, we also conclude that the circuit court’s error, ruling that sections 316,0085 and 316.2065(11) must be read together, was harmless, Dade Cnty....

...1999) (“[I]f a trial court reaches the right result, but for the wrong reasons, it will be upheld if there is any basis which would support the judgment in the record.”). In any event, to the extent the' circuit court’s ruling may have implicitly recognized that section 316.2065(11), like section 316.0085, supported dismissal of the plaintiffs claim, we agree with such recognition. Section 316.2065(11) provides: No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, may go upon any roadway except while crossing a street on a crosswalk; and, when so crossing, such person shall be granted all rights and shall be . subject to all of the duties applicable to pedestrians. § 316.2065(11), Fla. Stat. (2014) (emphasis added). The emphasized plain language supports the conclusion that it would be an absurd result for the Legislature to permit governmental liability under section 316.2065(11) where a person is damaged or injured while inline skating upon a roadway but not “while crossing a street oñ a crosswalk.” The plaintiffs final argument on appeal is that the circuit court improperly considered matters beyon...

a front-facing headlight, in violation of section 316.2065(7), Florida Statutes (2018). This person was

(describing detailed regulations for pedestrians); id. § 316.2065 (listing regulations for bicycles); id. § 316

jurisdiction since such regulation was preempted by section 316.2065(12), Florida Statutes. However, the opinion

...driveway, struck him. We hold that under the facts and circumstances of this negligence case the trial court erred in failing to give requested instructions encompassing the following two statutes: Section 316.130(15), Florida Statutes (1989), 1 and section 316.2065(10), Florida Statutes (1989)....

...ll exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person. . Section 316.2065(10), Florida Statutes (1989), provides as follows: A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under...

...It was dark at the time, and they could not see sufficiently to determine precisely what was occurring. When appellant rode away on his bicycle, which did not have a headlight or taillight, the office stopped him because the lack of lights was a traffic violation. § 316.2065, Fla....

...— Any device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, except bicycles or mopeds as defined in subsection (2) or devices used exclusively upon stationary rails or tracks. (e.s.) Additionally, before amendment by Ch. 83-68, Laws of Florida, s 316.2065 (1), F.S., provided: Every person riding a bicycle upon a roadway shall be granted all of the rights and be subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in this chapter, and except as to provisions of this chapter which by their nature can have no application. Section 316.2065 , F.S., also prescribed certain special regulations for the operation of bicycles....

...316 , F.S., as amended, governing vehicles and vehicular traffic and the drivers and operators of vehicles as defined by the statute, as well as the special regulations prescribed for the operation of bicycles. Chapter 83-68, supra, further amended s 316.2065 (1), F.S., to read: (1) Every person propelling a vehicle by human power shall have all of the rights and all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter, a...

...(2) Infractions of this chapter which do not result in a hearing shall be subject to the civil penalties provided in s. 318.18 . Section 318.18 (1), F.S., provides that the penalty required for a noncriminal disposition shall be "[f]ive dollars for all infractions of bicycle regulations under s. 316.2065 and infractions of pedestrian regulations under s. 316.130 ." Subsections (2) and (3) prescribe the penalties for the noncriminal disposition of nonmoving and moving traffic violations respectively. Therefore, by virtue of the redefinition of "vehicle" and the amendment of s 316.2065 (1), F.S., by Ch....

...316 , F.S., as amended, governing noncriminal traffic violations by vehicles (as defined by Ch. 83-68) and the drivers and operators of vehicles and vehicular traffic, and to the provisions of s 318.18 (2) and (3), F.S., where applicable. Of course, violators of the special regulations enumerated in s 316.2065 , as amended, are subject to the penalty prescribed in s 318.18 (1), F.S. (or the alternative penalty of impoundment; see, s 316.207, F.S.). In summary, then, unless and until judicially determined otherwise, I conclude that a violation of the special bicycle regulations enumerated in s 316.2065 , F.S., as amended, is subject to the five dollar penalty for infractions prescribed in s 316.18(1), F.S....

helmet must be used while riding a scooter. Section 316. 2065(3)(d), Florida Statutes, provides: "A bicycle

within the city's jurisdiction pursuant to section 316. 2065(10), Florida Statutes, but the regulation

for all infractions of bicycle regulations, section 316.2065, Florida Statutes, and infractions of pedestrian

bicycle without having his hands on the handlebars. § 316.2065(7), Fla. Stat. (1997). The officer was alone

...he offense by forfeiting a bond or paying the penalty the following costs may, if authorized by local rule, be deducted from the penalty by the traffic violations bureau or clerk’s office: (1) One dollar for all infractions of bicycle regulations, section 316.2065, Florida Statutes, and infractions of pedestrian regulations, section 316.-130, Florida Statutes; (2) Three dollars for all non-moving traffic infractions; and, (3) Five dollars for all moving infractions....