Florida Statutes
Fla. Stat. § 316.090 (2025)
Driving on divided highways.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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316.090 Driving on divided highways.—
(1) Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic control devices or police officers.
(2) No vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection as established, unless specifically authorized by public authority.
(3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
Civil Citations under F.S. 316.090
Driver's license points · R = revocation · S = suspension§316.090(1)Driving on WRONG SIDE OF DIVIDED HIGHWAY
§316.090(2)Crossing/Driving on MEDIAN STRIP OR MARKER DIVIDER OF DIVIDED HIGHWAY
Notes of Decisions
Cited in 5
cases, 1980–1998 · leading case: City of Tamarac v. Garchar, 398 So. 2d 889 (Fla. 4th DCA 1981).
City of Tamarac v. Garchar, 398 So. 2d 889 (Fla. 4th DCA 1981). “028, Florida Statutes (1973), regarding driving while intoxicated; (2) Section 316.090, Florida Statutes (1973), regarding driving on divided highways; and (3) Section 316.”
State v. Hernandez, 718 So. 2d 833 (Fla. 3d DCA 1998). “The detectives then saw Crespo immediately make a left hand turn across the grassy median dividing the north and south bound lanes in violation of section 316.090, Florida Statutes (1995), [1] and pull into the parking lot of the gas station and convenience store.”
Seaboard Coastline R. Co. v. Addison, 502 So. 2d 1241 (Fla. 1987). “Respondent directs our attention to the fact that in City of Tamarac the district court found that the trial court's failure to instruct the jury on driving under the influence was reversible error but found that there was no error in the trial court's failure to instruct on…”
Gagel v. Cornelius, 380 So. 2d 1333 (Fla. 5th DCA 1980). “Also while in the hospital, petitioner was served with a citation for the non-criminal traffic infraction of failing to drive on the proper side of a divided highway, contrary to Section 316.090, Florida Statutes (1977).”
Periera v. Florida Power & Light Co., 680 So. 2d 617 (Fla. 4th DCA 1996). “Notwithstanding the existence of section 316.090, Florida Statutes, prohibiting vehicles from driving on the median, this court rejected the city's argument that it owed no duty to plaintiff.”
— 316.090(2) — 1 case
State v. Hernandez, 718 So. 2d 833 (Fla. 3d DCA 1998). “The detectives then saw Crespo immediately make a left hand turn across the grassy median dividing the north and south bound lanes in violation of section 316.090, Florida Statutes (1995), [1] and pull into the parking lot of the gas station and convenience store.”
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