Florida Statute 316.189 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.189

316.189 Establishment of municipal and county speed zones.—

(1) MUNICIPAL SPEED.—The maximum speed within any municipality is 30 miles per hour. With respect to residence districts, a 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 shall not be necessary to conduct a separate investigation for each residence district. A municipality may set speed zones altering the speed limit, both as to maximum, not to exceed 60 miles per hour, and minimum, after investigation determines such a change is reasonable and in conformity to criteria promulgated by the Department of Transportation, except that no changes shall be made on state highways or connecting links or extensions thereof, which shall be changed only by the Department of Transportation.

(2) SPEED ON COUNTY ROADS.—The maximum speed on any county-maintained road is:

(a) In any business or residence district, 30 miles per hour in the daytime or nighttime; provided that with respect to residence districts a county may set a maximum speed limit of 25 miles per hour after an investigation determines that such a limit is reasonable; and it shall not be necessary to conduct a separate investigation in each residence district.

(b) On any other part of a county road not a business or residence district, as set forth in s. 316.183.

However, the board of county commissioners may set speed zones altering such speeds, both as to maximum and minimum, after investigation determines such a change is reasonable and in conformity to criteria promulgated by the Department of Transportation, except that no such speed zone shall permit a speed of more than 60 miles per hour.

(3) POSTING OF SPEED LIMITS.—All speed zones shall be posted with clearly legible signs. No change in speeds from 30 miles per hour or from those established in s. 316.183 shall take effect until the zone is posted by the authority changing the speed pursuant to this section and s. 316.187. All signs which limit or establish speed limits, maximum and minimum, shall be so placed and so painted as to be plainly visible and legible in daylight or in darkness when illuminated by headlights.

(4) PENALTY.—Violation of the speed limits established under this section must be cited as a moving violation, punishable as provided in chapter 318.

History.—s. 1, ch. 71-135; ss. 1, 19, ch. 76-31; s. 2, ch. 76-218; s. 1, ch. 88-47; s. 22, ch. 90-227; s. 48, ch. 96-323; s. 22, ch. 96-350.

Note.—Former s. 316.182.

F.S. 316.189 on Google Scholar

F.S. 316.189 on Casetext

Amendments to 316.189

Arrestable Offenses / Crimes under Fla. Stat. 316.189

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.189.

Civil Citations / Citable Offenses under S316.189

R or S next to points is Mandatory Revocation or Suspension

S316.189 Speed Posted Municipality/County Road (requires speeds) - Points on Drivers License: 3

S316.189 Speed Posted Municipality/County Road (if no speeds are indicated on citation) - Points on Drivers License: 3

S316.189 (1) Violation Municipal speed/posted (requires speeds) - Points on Drivers License: 3

S316.189 (1) Violation Municipal speed/posted (if no speeds are indicated on citation) - Points on Drivers License: 3

S316.189 (2) Unlawful speed/county roads (requires speeds) - Points on Drivers License: 3

S316.189 (2) Unlawful speed/county roads (if no speeds are indicated on citation) - Points on Drivers License: 3

S316.189 (2)(a) Speed posted county road residential/business (requires speeds) - Points on Drivers License: 3

S316.189 (2)(a) Speed posted county road residential/business (if no speeds are indicated on citation) - Points on Drivers License: 3

S316.189 (2)(b) Speed posted county road non-business/residential (requires speeds) - Points on Drivers License: 3

S316.189 (2)(b) Speed posted county road non-business/residential (if no speeds are indicated on citation) - Points on Drivers License: 3

S316.189 (4) Speed Posted Municipality/County Road (requires speeds) - Points on Drivers License: 3

S316.189 (4) Speed Posted Municipality/County Road (if no speeds are indicated on citation) - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases Citing Statute 316.189

Total Results: 11

Ago

Court: Fla. Att'y Gen. | Date Filed: 2009-04-23T00:53:00-07:00

Snippet: speed limits prescribed in sections 316.183 and 316.189, Florida Statutes, on private roads within a gated… limits established under sections 316.183 and 316.189, Florida Statutes. Section 316.183, Florida Statutes…such a limit is reasonable."2 (e.s.) Section 316.189(1), Florida Statutes, provides for the establishment…application of the provisions in sections 316.183 and 316.189, Florida Statutes, on private roads subject to

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Court: Fla. Att'y Gen. | Date Filed: 2008-11-19T23:53:00-08:00

Snippet: violation of s. 316.183(2), s. 316.187, or s. 316.189 shall be cited for a moving violation, punishable…in violation of section 316.183(2),316.187, or 316.189, it does not, in my opinion, alter or limit the

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Court: Fla. Att'y Gen. | Date Filed: 2001-02-11T23:53:00-08:00

Snippet: miles per hour." (e.s.) Moreover, section 316.189(1), Florida Statutes, provides in part that the…such a limit is reasonable. Similarly, section 316.189(2), Florida Statutes, provides that the maximum…determines that such a limit is reasonable); s.316.189(1), Fla. Stat. (while maximum speed within municipality…streets or highways after an investigation); s. 316.189(2), Fla. Stat. (while maximum speed in a business

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Court: Fla. Att'y Gen. | Date Filed: 1999-06-08T00:53:00-07:00

Snippet: precise terms associated with them). 6 Compare, s. 316.189, Fla. Stat., prescribing speed zones for municipal

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Court: Fla. Att'y Gen. | Date Filed: 1998-10-08T00:53:00-07:00

Snippet: zone to 20 miles per hour? In sum: While section 316.189(1), Florida Statutes, authorizes a municipality…conflict with the provisions of Chapter 316.2 Section 316.189(1), Florida Statutes, provides: "The maximum…highways in light of the provisions of section 316.189(1), Florida Statutes (1991). At that time, the …the statute, this office concluded that section 316.189(1), Florida Statutes, did not authorize a municipality…highways. In 1996, the Legislature amended section 316.189(1), Florida Statutes, to permit a lower maximum

Craig v. School Bd. of Broward County

Court: Fla. Dist. Ct. App. | Date Filed: 1996-08-28T00:53:00-07:00

Citation: 679 So. 2d 1219

Snippet: subsection (2). The school board contends that section 316.189, Florida Statutes (Supp.1990), allowed counties

Robinson v. Gerard

Court: Fla. Dist. Ct. App. | Date Filed: 1993-01-10T23:53:00-08:00

Citation: 611 So. 2d 605

Snippet: required to request an instruction under Section 316.189, Florida Statutes (1985), pertaining to the establishment

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Court: Fla. Att'y Gen. | Date Filed: 1992-12-22T23:53:00-08:00

Snippet: light of the provisions of s. 316.189(1), F.S.? SUMMARY: Section 316.189(1), F.S., does not authorize …per hour on local streets and highways. Section 316.189(1), F.S., provides: The maximum speed within…the subject.3 Prior to its amendment in 1988, s. 316.189(1), F.S. 1987, provided: The maximum speed within…miles an hour.5 In amending ss. 316.183(2) and 316.189(1), F.S. 1987, it appears that the Legislature …than 30 miles per hour.6 Sections 316.183(2) and 316.189(1), F.S., have been amended once since 1988 to

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Court: Fla. Att'y Gen. | Date Filed: 1983-11-08T23:53:00-08:00

Snippet: concluded that s316.008(1)(j), F.S., read with s 316.189(1), F.S., permitted a municipality to alter the

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Court: Fla. Att'y Gen. | Date Filed: 1983-06-06T00:53:00-07:00

Snippet: SETTING SPEEDS OTHER THAN THAT SPECIFIED IN s 316.189, F.S., MAY BE ENFORCED? The Florida Uniform Traffic…to the establishment of municipal speed zones s 316.189(1), F.S., sets forth the requirements of Ch. 316…provisions of this chapter." Specifically, s 316.189(1) provides that a municipality may set speed zones…must comply with the procedures prescribed in s 316.189. Further, subsection (3) of s316.189, F.S., reinforces…. 316.187." See also, subsection (4) of s 316.189, F.S., which provides that "[v]iolation of

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Court: Fla. Att'y Gen. | Date Filed: 1981-03-03T23:53:00-08:00

Snippet: speed limits on roads within their jurisdiction, s.316.189(2) (regulating speed on `county-maintained roads