316.003 Definitions.—The
following words and phrases, when used in this chapter, shall have
the meanings respectively ascribed to them in this section, except
where the context otherwise requires:
(2)
BICYCLE.—Every vehicle propelled solely by human power, and every
motorized bicycle propelled by a combination of human power and an
electric helper motor capable of propelling the vehicle at a speed
of not more than 20 miles per hour on level ground 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. The term does not include such a vehicle with a
seat height of no more than 25 inches from the ground when the seat
is adjusted to its highest position or a scooter or similar device.
No person under the age of 16 may operate or ride upon a motorized
bicycle.
322.01 Definitions.—As used in this chapter:
(27) “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.
Chapter
322, Florida Statutes, requires the operator of a "motor vehicle" on
a highway of the state to have a valid license. As defined under
that chapter, "Motor vehicle" is anything that is self-propelled,
but does not include bicycles and qualifying "motorized bicycles." In interpreting this definition, Florida appellate
courts across the State have taken the view that the law means
exactly what it says. Thus, if it is a "moped" powered by gasoline,
it requires a license. If the vehicle is powered exclusively by
battery, it requires a license.
If the propulsion for the vehicle does not derive
from a combination human and electric power, then it requires a
license. Only those vehicles falling within the narrow exception
provided in Section 322.01(27)(referring to Section 316.003) are
exempt from the requirement of a driver's license.
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