Florida Statute 316.089 | Lawyer Caselaw & Research

The 2024 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

F.S. 316.089 on Casetext

Amendments to 316.089

Arrestable Offenses / Crimes under Fla. Stat. 316.089

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.089.

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

Annotations, Discussions, Cases:

Cases Citing Statute 316.089

Total Results: 20

State v. Wilson

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-18T00:00:00-07:00

Citation: 268 So. 3d 927

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

State v. Wilson

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-18T00:00:00-07:00

Citation: 268 So. 3d 927

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

MELISSA PETERSON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-05T23:53:00-08:00

Snippet: traffic violation occurred. Section 316.089(1), Florida Statutes (2015), provides in relevant… 1043 (explaining that a violation of section 316.089 "does not occur in isolation, but requires…legislature may want to consider whether section 316.089(1) should be clarified to provide law enforcement…cause to believe that Peterson violated section 316.089(1). Consequently, the traffic stop could not be… Peterson had committed a violation of section 316.089(1) or by a reasonable suspicion that Peterson

STATE OF FLORIDA v. ALLEN ROBERT BOSTON

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-18T00:00:00-08:00

Citation: 267 So. 3d 463

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

Peeples v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-09-02T00:00:00-07:00

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

Snippet: single lane on a roadway in violation of section 316.089(1), Florida Statutes (2012).' The State concedes… So.2d 1041, 1043 (Fla. 2d DCA 1998) (“Section 316.089 is similar to section 316.155, Florida Statutes

Shaheim Hassan Lomax v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-09T00:00:00-07:00

Citation: 148 So. 3d 119

Snippet: maintain a single lane as required by section 316.089, Florida Statutes, does not by itself establish…So.2d 600 (Fla. 4th DCA 2007). Because section 316.089 prohibits leaving a lane unless it can be done

Harrington v. Department of Highway Safety & Motor Vehicles

Court: Fla. Dist. Ct. App. | Date Filed: 2014-02-05T00:00:00-08:00

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

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

Moreno v. Salem

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-29T00:53:00-07:00

Citation: 993 So. 2d 588

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

DEPARTMENT OF HIGHWAY SAFETY v. Saleme

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-12T00:53:00-07:00

Citation: 963 So. 2d 969

Snippet: such movement could be made with safety. See ß 316.089(1), Fla. Stat. (2001)("A vehicle shall be

Hurd v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-27T00:00:00-07:00

Citation: 958 So. 2d 600

Snippet: was stopped for violating sections 316.155 and 316.089, Florida Statutes (2005). Section 316.155 delineates…not provide probable cause for a stop. Section 316.089 provides in pertinent part: Whenever any roadway… that such movement can be made with safety. § 316.089, Fla. Stat. (2005). However, the failure to maintain…to stop the vehicle for a violation of section 316.089). The above cases are based on the principle that

Williamson v. DEPT. OF HIGHWAY SAFETY

Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-13T00:53:00-07:00

Citation: 933 So. 2d 665

Snippet: maintain a single lane as required by section 316.089(1), Florida Statutes (2005). We deny the petition…remain driving in one lane in violation of section 316.089(1), which provides: "A vehicle shall be driven… supported the stop for a violation of section 316.089(1), and thus the circuit court properly denied … his or her danger finds no support in section 316.089(1) or pertinent case law. In the cases Williamson…in order for there to be a violation of section 316.089(1), the courts were adhering to the language therein

Alford v. Cool Cargo Carriers, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-06-30T00:00:00-07:00

Citation: 936 So. 2d 646

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-31T00:00:00-07:00

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

Snippet: cause to support a traffic stop under section 316.089 of the Florida Statutes.1 The circuit court also…did not support a stop for violation of section 316.089 of the Florida Statutes, the circuit court applied…quash the order of the circuit court. . Section 316.089, Florida Statutes (2005), in pertinent part provides…involved a traffic stop for violation of section 316.089: premised on officers observations that Crooks …cause to support a stop for violation of section 316.089(1) because the record did not establish how far

State v. Rodriguez

Court: Fla. Dist. Ct. App. | Date Filed: 2005-06-17T00:00:00-07:00

Citation: 904 So. 2d 594, 2005 WL 1412065

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

Yanes v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-05-28T00:00:00-07:00

Citation: 877 So. 2d 25, 2004 WL 1175261

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

Sunby v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-05-23T00:53:00-07:00

Citation: 845 So. 2d 1006

Snippet: driving endangered the officer or anyone else. See § 316.089(1), Fla. Stat. (2002); Jordan v. State, 831 So.2d

Jordan v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-12-12T23:53:00-08:00

Citation: 831 So. 2d 1241

Snippet: his movements could be made with safety. Section 316.089 is similar to section 316.155, Florida Statutes… motion to suppress was reserved. [2] Section 316.089(1), Florida Statutes provides: "Whenever

Hunter v. Ward

Court: Fla. Dist. Ct. App. | Date Filed: 2002-04-08T00:00:00-07:00

Citation: 812 So. 2d 601

Snippet: Inc., 752 So.2d 592, 593-5 (Fla.2000). Section 316.089(1), Florida Statutes (2000), provides that when…whether a lane change can be made safely. See § 316.089(1), Fla. Stat. (2000). Here, when Ward changed

Department of Highway Safety & Motor Vehicles v. Farr

Court: Fla. Dist. Ct. App. | Date Filed: 2000-04-20T00:00:00-07:00

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

Snippet: license pursuant to subsection (3).' . § 316.089, Fla. Stat. (1997). . § 562.111, Fla. Stat. (

Roberts v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-02-23T23:53:00-08:00

Citation: 732 So. 2d 1127

Snippet: deputy then pulled her over for violation of § 316.089(1), Florida Statutes, failure to maintain vehicle…endangered any other vehicle or pedestrian. Under § 316.089(1), Florida Statutes, said the court, a violation