Florida Statute 316.89 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.089

316.089 Driving on roadways laned for traffic.—Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply:

(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

(2) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, when in preparation for making a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic control devices.

(3) Official traffic control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway; and drivers of vehicles shall obey the directions of every such device.

(4) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway, and drivers of vehicles shall obey the directions of every such device.

(5) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

History.—s. 1, ch. 71-135; s. 113, ch. 99-248.

F.S. 316.089 on Google Scholar

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Amendments to 316.089

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.089

R or S next to points is Mandatory Revocation or Suspension

S316.089 Failed to use DESIGNATED LANE/ Failed to DRIVE WITHIN SINGLE LANE - Points on Drivers License: 3

S316.089 (1) Fail to drive in single lane - Points on Drivers License: 3

S316.089 (2) Improper center lane use - Points on Drivers License: 3

S316.089 (3) Fail to use designated lane - Points on Drivers License: 3

S316.089 (4) Disobey No Change of Lane device - Points on Drivers License: 3

Cases Citing Statute 316.089

Total Results: 28

United States v. Timothy Andrew Smith, Stephen Lawrence Swindell

799 F.2d 704, 1986 U.S. App. LEXIS 30726, 55 U.S.L.W. 2202

Court of Appeals for the Eleventh Circuit | Filed: Sep 16, 1986 | Docket: 469708

Cited 195 times | Published

failure to change lanes safely, Fla.Stat.Ann. § 316.089(1). 7 The government claims, in effect

Crooks v. State

710 So. 2d 1041, 1998 WL 264840

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 1444581

Cited 33 times | Published

following a traffic stop for violation of section 316.089(1), Florida Statutes (1995). We reverse because

Roberts v. State

732 So. 2d 1127, 1999 WL 89743

District Court of Appeal of Florida | Filed: Feb 24, 1999 | Docket: 460414

Cited 16 times | Published

deputy then pulled her over for violation of § 316.089(1), Florida Statutes, failure to maintain vehicle

Hurd v. State

958 So. 2d 600, 2007 WL 1827428

District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 1735012

Cited 9 times | Published

did not provide probable cause for a stop. Section 316.089 provides in pertinent part: Whenever any roadway

State v. Potter

438 So. 2d 1085

District Court of Appeal of Florida | Filed: Oct 21, 1983 | Docket: 1731745

Cited 8 times | Published

within the city limits indicated a violation of section 316.089(1), Florida Statutes (1981), a civil infraction

Yanes v. State

877 So. 2d 25, 2004 WL 1175261

District Court of Appeal of Florida | Filed: May 28, 2004 | Docket: 1285196

Cited 7 times | Published

ascertained that such movement can be made with safety. § 316.089(1), Fla. Stat. (2002) (emphasis supplied). Unlike

Jordan v. State

831 So. 2d 1241, 2002 WL 31777831

District Court of Appeal of Florida | Filed: Dec 13, 2002 | Docket: 1722831

Cited 7 times | Published

that his movements could be made with safety. Section 316.089 is similar to section 316.155, Florida Statutes

Alford v. Cool Cargo Carriers, Inc.

936 So. 2d 646, 2006 Fla. App. LEXIS 10776, 2006 WL 1787891

District Court of Appeal of Florida | Filed: Jun 30, 2006 | Docket: 1650965

Cited 6 times | Published

improperly changed lanes, rendering him negligent. See § 316.089(1), Fla. Stat. (2001) ("A vehicle shall be driven

Hunter v. Ward

812 So. 2d 601, 2002 WL 518537

District Court of Appeal of Florida | Filed: Apr 8, 2002 | Docket: 1364096

Cited 6 times | Published

Am., Inc., 752 So.2d 592, 593-5 (Fla.2000). Section 316.089(1), Florida Statutes (2000), provides that

State v. Rodriguez

904 So. 2d 594, 2005 WL 1412065

District Court of Appeal of Florida | Filed: Jun 17, 2005 | Docket: 2485882

Cited 4 times | Published

of sufficient width. He *597 also mentioned section 316.089(1), which provides that a vehicle being driven

State v. Knowles

625 So. 2d 88, 1993 WL 383000

District Court of Appeal of Florida | Filed: Oct 1, 1993 | Docket: 474227

Cited 4 times | Published

to drive in a single lane in violation of section 316.089,[4] Florida Statutes *90 (1989). He also was

Sunby v. State

845 So. 2d 1006, 2003 WL 21203345

District Court of Appeal of Florida | Filed: May 23, 2003 | Docket: 1728767

Cited 3 times | Published

driving endangered the officer or anyone else. See § 316.089(1), Fla. Stat. (2002); Jordan v. State, 831 So

Moreno v. Salem

993 So. 2d 588, 2008 WL 4723599

District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 1516241

Cited 2 times | Published

2001)). Although not argued, we note that section 316.089, Florida Statutes, provides: Whenever any roadway

STATE OF FLORIDA v. ALLEN ROBERT BOSTON

267 So. 3d 463

District Court of Appeal of Florida | Filed: Jan 18, 2019 | Docket: 8513171

Cited 1 times | Published

because he failed to maintain a single lane. See § 316.089(1) ("A vehicle shall be driven as nearly

Jeanty v. City of Miami

876 F. Supp. 2d 1334, 2012 U.S. Dist. LEXIS 100392, 2012 WL 2877596

District Court, S.D. Florida | Filed: Jul 13, 2012 | Docket: 65983108

Cited 1 times | Published

warrantless arrest for violation of FI. Stat. § 316.089, a civil infraction involving failure to maintain

Williamson v. DEPT. OF HIGHWAY SAFETY

933 So. 2d 665, 2006 WL 1910194

District Court of Appeal of Florida | Filed: Jul 13, 2006 | Docket: 1712044

Cited 1 times | Published

failing to maintain a single lane as required by section 316.089(1), Florida Statutes (2005). We deny the petition

State of Florida v. Michelle Lynn Howard

District Court of Appeal of Florida | Filed: May 9, 2025 | Docket: 70234792

Published

to maintain a single lane in violation of section 316.089(1), Florida Statutes (2023). As this determination

Michael Baxter v. Louis Roberts, III

Court of Appeals for the Eleventh Circuit | Filed: Nov 30, 2022 | Docket: 66574940

Published

that such movement can be made with safety. Id. § 316.089(1). Florida courts have made clear that a careless

State v. Wilson

268 So. 3d 927

District Court of Appeal of Florida | Filed: Apr 18, 2019 | Docket: 64711821

Published

that such movement can be made with safety." § 316.089(1), Fla. Stat. (2018) (emphasis added). The failure

State v. Wilson

268 So. 3d 927

District Court of Appeal of Florida | Filed: Apr 18, 2019 | Docket: 64711822

Published

that such movement can be made with safety." § 316.089(1), Fla. Stat. (2018) (emphasis added). The failure

MELISSA PETERSON v. STATE OF FLORIDA

264 So. 3d 1183

District Court of Appeal of Florida | Filed: Mar 6, 2019 | Docket: 14618603

Published

traffic violation occurred. Section 316.089(1), Florida Statutes (2015), provides in relevant

Peeples v. State

173 So. 3d 1123, 2015 Fla. App. LEXIS 13006, 2015 WL 5139404

District Court of Appeal of Florida | Filed: Sep 2, 2015 | Docket: 2690072

Published

a single lane on a roadway in violation of section 316.089(1), Florida Statutes (2012).' The State concedes

Shaheim Hassan Lomax v. State of Florida

148 So. 3d 119

District Court of Appeal of Florida | Filed: Sep 9, 2014 | Docket: 1184046

Published

failure to maintain a single lane as required by section 316.089, Florida Statutes, does not by itself establish

Harrington v. Department of Highway Safety & Motor Vehicles

136 So. 3d 691, 2014 WL 464069, 2014 Fla. App. LEXIS 1391

District Court of Appeal of Florida | Filed: Feb 5, 2014 | Docket: 60240060

Published

right, the officers stopped him for violating section 316.089(1), Florida Statutes (1995), which requires

Ball v. City of Coral Gables

548 F. Supp. 2d 1364, 2008 U.S. Dist. LEXIS 37016, 2008 WL 1848354

District Court, S.D. Florida | Filed: Apr 9, 2008 | Docket: 2378091

Published

did not rise to the level of a violation of section 316.089, Florida Statutes, for failure to maintain

State, Department of Highway Safety & Motor Vehicles v. Jones

935 So. 2d 532, 2006 Fla. App. LEXIS 8559, 2006 WL 1479640

District Court of Appeal of Florida | Filed: May 31, 2006 | Docket: 64846078

Published

probable cause to support a traffic stop under section 316.089 of the Florida Statutes.1 The circuit court

Department of Highway Safety & Motor Vehicles v. Farr

757 So. 2d 550, 2000 Fla. App. LEXIS 4660, 2000 WL 423410

District Court of Appeal of Florida | Filed: Apr 20, 2000 | Docket: 64797150

Published

driver’s license pursuant to subsection (3).' . § 316.089, Fla. Stat. (1997). . § 562.111, Fla. Stat.

Lindsey v. Johnson

415 So. 2d 778, 1982 Fla. App. LEXIS 20152

District Court of Appeal of Florida | Filed: May 28, 1982 | Docket: 64590688

Published

roadway within such no-passing zone; (4) that Section 316.089(1) provides a vehicle shall be driven as nearly