Florida Statute 316.090 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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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.

History.—s. 1, ch. 71-135; s. 3, ch. 86-36; s. 115, ch. 99-248.

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Amendments to 316.090

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.090

R or S next to points is Mandatory Revocation or Suspension

S316.090 (1) Driving on WRONG SIDE OF DIVIDED HIGHWAY - Points on Drivers License: 3

S316.090 (2) Crossing/Driving on MEDIAN STRIP OR MARKER DIVIDER OF DIVIDED HIGHWAY - Points on Drivers License: 3

Cases Citing Statute 316.090

Total Results: 5

Seaboard Coastline R. Co. v. Addison

502 So. 2d 1241, 12 Fla. L. Weekly 111

Supreme Court of Florida | Filed: Feb 26, 1987 | Docket: 1180870

Cited 24 times | Published

in the trial court's failure to instruct on section 316.090, Florida *1243 Statutes (1973) (driving on

City of Tamarac v. Garchar

398 So. 2d 889

District Court of Appeal of Florida | Filed: May 1, 1981 | Docket: 1326292

Cited 22 times | Published

regarding driving while intoxicated; (2) Section 316.090, Florida Statutes (1973), regarding driving

State v. Hernandez

718 So. 2d 833, 1998 WL 438763

District Court of Appeal of Florida | Filed: Aug 5, 1998 | Docket: 1515118

Cited 7 times | Published

north and south bound lanes in violation of section 316.090, Florida Statutes (1995),[1] and pull into

Periera v. Florida Power & Light Co.

680 So. 2d 617, 1996 Fla. App. LEXIS 10401, 1996 WL 577394

District Court of Appeal of Florida | Filed: Oct 9, 1996 | Docket: 1664003

Cited 3 times | Published

the road. Notwithstanding the existence of section 316.090, Florida Statutes, prohibiting vehicles from

Gagel v. Cornelius

380 So. 2d 1333

District Court of Appeal of Florida | Filed: Mar 19, 1980 | Docket: 1401967

Cited 2 times | Published

proper side of a divided highway, contrary to Section 316.090, Florida Statutes (1977). The citation for

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.