Motorcycle/moped improper operation
Florida Statute § 316.2085
Summary verified against the 2026 Florida Statutes: October 7, 2026.
Quick Summary
Motorcycle/moped operators must sit facing forward astride an appropriate seat and keep both wheels on the ground; brief wheel lift from road conditions or circumstances beyond the rider's control is excepted. Deliberate wheelies under 316.2085(2) invoke 316.1926(1) and the additional/repeat penalties in 318.14(13); verify qualifying history before escalation. An isolated wheelie is not automatically reckless driving or statutory stunt driving. Passenger, load, plate and under-16 over-150-cc/rental rules have separate elements. Do not convert electric watts into cc for the age rule. Classify an electric machine under the applicable definitions before citing this section.
E-bike / electric motorcycle assessment & Lee County rules →Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Motorcycle
- Type
- Moving
- Civil / Criminal
- Civil
- Offense Classification
- Moving infraction; qualifying third enhanced violation is felony
- Points
- 3
- Fine / Penalty
- $60 base moving penalty; 316.1926(1) wheelie/plate track adds $1,000 first offense; second $2,500 plus 1-year revocation; third third-degree felony, $5,000 plus 10-year revocation; costs additional
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- No, generally for civil track; criminal court for qualifying third enhanced violation
- NTA Eligible
- N/A for civil track; criminal disposition requires applicable procedure
- Custodial Arrest
- No for civil track alone; qualifying felony requires separate lawful authority
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.