Florida Statutes
Fla. Stat. § 316.183 (2025)
Unlawful speed.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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316.183 Unlawful speed.—
(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
(2) On all streets or highways, the maximum speed limits for all vehicles must be 30 miles per hour in business or residence districts, and 55 miles per hour at any time at all other locations. However, with respect to a residence district, a county or municipality may set a maximum speed limit of 20 or 25 miles per hour on local streets and highways after an investigation determines that such a limit is reasonable. It is not necessary to conduct a separate investigation for each residence district. The minimum speed limit on all highways that comprise a part of the National System of Interstate and Defense Highways and have not fewer than four lanes is 40 miles per hour, except that when the posted speed limit is 70 miles per hour, the minimum speed limit is 50 miles per hour.
(3) A school bus may not exceed the posted speed limits at any time.
(4) The driver of every vehicle shall, consistent with the requirements of subsection (1), drive at an appropriately reduced speed when:
(a) Approaching and crossing an intersection or railway grade crossing;
(b) Approaching and going around a curve;
(c) Approaching a hill crest;
(d) Traveling upon any narrow or winding roadway; and
(e) Any special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(5) No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.
(6) No driver of a vehicle shall exceed the posted maximum speed limit in a work zone area.
(7) 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. 1, ch. 76-159; s. 3, ch. 76-218; s. 3, ch. 76-286; s. 1, ch. 77-174; s. 6, ch. 87-161; s. 2, ch. 88-47; s. 5, ch. 88-91; s. 4, ch. 88-93; s. 21, ch. 90-227; s. 17, ch. 94-306; s. 20, ch. 96-350; s. 135, ch. 99-248; s. 32, ch. 2005-164; s. 5, ch. 2012-181.
Civil Citations under F.S. 316.183
Driver's license points · R = revocation · S = suspension§316.183(1)FAILED to use due care
§316.183(1)TOO fast for conditions
§316.183(2)Unlawful Speed (requires speeds)-Exceeding speed limit
§316.183(2)Unlawful Speed (if no speeds are indicated on citation)-Exceeding speed limit
§316.183(2)Unlawful Speed - LESS than posted minimum
§316.183(2)Unlawful Speed - SCHOOL ZONE ONLY - CAMERA DEVICE ONLY
§316.183(3)Unlawful Speed - School bus (requires speeds)
§316.183(3)Unlawful Speed - School bus (if no speeds are indicated on the citation)
§316.183(4)TOO fast for conditions
§316.183(4)(a)Speed too fast for conditions R/R/intersection
§316.183(4)(b)Speed too fast for conditions on curve
§316.183(4)(c)Speed too fast for conditions approaching hill
§316.183(4)(d)Speed too fast for conditions narrow/winding road
§316.183(4)(e)Speed too fast for conditions special hazard
§316.183(5)Impeding traffic
§316.183(6)Exceeding posted speed in a work-zone Note 6
Notes of Decisions
Cited in 30
cases (3 in the last 5 years), 1976–2023 · leading case: Sotuyo v. Williams, 587 So. 2d 612 (Fla. 1st DCA 1991).
Sotuyo v. Williams, 587 So. 2d 612 (Fla. 1st DCA 1991). “11 in reference to violations of section 316.183, Unlawful Speed, and section 316.”
Birge v. Charron, 107 So. 3d 350 (Fla. 2012). “, § 316.183(5), Fla. Stat. (2012) (State Uniform Traffic Control Law).”
Craig v. Sch. Bd. of Broward Cnty., 679 So. 2d 1219 (Fla. 4th DCA 1996). “1990), allowed counties and municipalities to override the general speed limits of section 316.183 and that the posted speed limit on Stirling Road was 45 miles per hour.”
Robinson v. Gerard, 611 So. 2d 605 (Fla. 1st DCA 1993). “* * * * * * Florida Statute § 316.183 UNLAWFUL SPEED states: "No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions, and having regard to the actual and potential hazards, then existing.”
United States v. Block, 452 F. Supp. 907 (M.D. Fla. 1978). “Block was ticketed for violating Fla.Stat. § 316.183, which together with Fla.”
Gulley v. Pierce, 625 So. 2d 45 (Fla. 1st DCA 1993). “1235, Florida Statutes (1989), requiring a vehicle to stop when approaching an intersection where traffic lights are inoperative; (2) Section 316.183, Florida Statutes (Supp. 1990), regarding unlawful speed; and (3) Section 316.”
Menard v. O'MALLEY, 327 So. 2d 905 (Fla. 3d DCA 1976). “In a like manner, we agree with the court's denial of an instruction on Fla. Stat. § 316.183 , "Unlawful speed" was not error.”
Griefer v. DiPietro, 625 So. 2d 1226 (Fla. 4th DCA 1993). “We find merit in appellants' second claim that the trial court erred in refusing to give appellants' requested instruction on unlawful speed based on section 316.183, Florida Statutes (1989).”
Agreda v. State, 152 So. 3d 114 (Fla. 2d DCA 2014). “See § 316.183(2). Thus, at 45 miles per hour, the subject vehicle was traveling within the permissible range.”
State v. Joy, 637 So. 2d 946 (Fla. 3d DCA 1994). “Travelling at an unlawful speed is a violation of section 316.183, Florida Statutes (1991).”
Seaboard Coastline R. Co. v. Addison, 481 So. 2d 3 (Fla. 1st DCA 1985). “1575 obligates a driver to stop within 15' of railroad tracks when a train blows its whistle 1500' from the crossing and is an immediate hazard; Section 316.183 requires appropriately reduced speed at railroad crossings.”
State v. Eady, 538 So. 2d 96 (Fla. 3d DCA 1989). “See § 316.183(1), Fla. Stat. (1987) ("No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions, and having regard to the actual and potential hazards, then existing.”
— 316.183(1) — 7 cases
Sotuyo v. Williams, 587 So. 2d 612 (Fla. 1st DCA 1991). “11 in reference to violations of section 316.183, Unlawful Speed, and section 316.”
Robinson v. Gerard, 611 So. 2d 605 (Fla. 1st DCA 1993). “* * * * * * Florida Statute § 316.183 UNLAWFUL SPEED states: "No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions, and having regard to the actual and potential hazards, then existing.”
State v. Eady, 538 So. 2d 96 (Fla. 3d DCA 1989). “See § 316.183(1), Fla. Stat. (1987) ("No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions, and having regard to the actual and potential hazards, then existing.”
Gonzalez v. Rose, 752 So. 2d 39 (Fla. 3d DCA 2000).
Oliver v. Eisenman, 523 So. 2d 189 (Fla. 1st DCA 1988).
— 316.183(2) — 3 cases
Agreda v. State, 152 So. 3d 114 (Fla. 2d DCA 2014). “See § 316.183(2). Thus, at 45 miles per hour, the subject vehicle was traveling within the permissible range.”
Craig v. Sch. Bd. of Broward Cnty., 679 So. 2d 1219 (Fla. 4th DCA 1996). “1990), allowed counties and municipalities to override the general speed limits of section 316.183 and that the posted speed limit on Stirling Road was 45 miles per hour.”
State v. DuPont, 399 So. 2d 438 (Fla. 1st DCA 1981).
— 316.183(3) — 1 case
Craig v. Sch. Bd. of Broward Cnty., 679 So. 2d 1219 (Fla. 4th DCA 1996). “1990), allowed counties and municipalities to override the general speed limits of section 316.183 and that the posted speed limit on Stirling Road was 45 miles per hour.”
— 316.183(4) — 1 case
Yellow Cab Co. of Tampa, Inc. v. Pfizer Pharm., Inc., 643 So. 2d 78 (Fla. 2d DCA 1994).
— 316.183(5) — 6 cases
Birge v. Charron, 107 So. 3d 350 (Fla. 2012). “, § 316.183(5), Fla. Stat. (2012) (State Uniform Traffic Control Law).”
Agreda v. State, 152 So. 3d 114 (Fla. 2d DCA 2014). “See § 316.183(2). Thus, at 45 miles per hour, the subject vehicle was traveling within the permissible range.”
Araj v. Renfro, 260 So. 3d 1121 (Fla. 5th DCA 2018).
Bezzaz v. Moore (M.D. Fla. 2022).
Araj v. Renfro, 260 So. 3d 1121 (Fla. 5th DCA 2018).
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