Florida Statutes

Fla. Stat. § 316.189 (2025)

Establishment of municipal and county speed zones.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 6 cases, 1990–2020 · leading case: Ruben Sebastian v. Javier Ortiz, 918 F.3d 1301 (11th Cir. 2019).

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Ruben Sebastian v. Javier Ortiz, 918 F.3d 1301 (11th Cir. 2019). · cites it 2× “Sebastian further alleges that he "continues to suffer nerve damage to his hands and wrists, emotional pain and suffering, loss of employment, and reputational damages" as a result of the handcuffing and arrest. First Am.”

Robinson v. Gerard, 611 So. 2d 605 (Fla. 1st DCA 1993). · cites it 2× “183(1) does not apply under the circumstances, or that appellants were required to request an instruction under Section 316.189, Florida Statutes (1985), pertaining to the establishment of posted speed limits.”

Craig v. Sch. Bd. of Broward Cnty., 679 So. 2d 1219 (Fla. 4th DCA 1996). · cites it 2× “The school board contends that section 316.189, Florida Statutes (Supp.1990), allowed counties and municipalities to override the general speed limits of section 316.”

John Cottam v. Douglas Pelton (11th Cir. 2018). · cites it 2× “3 Finally, Fla. Stat. § 316.189 (1) provides that it is unlawful for any person to exceed a posted speed limit.”

United States v. Adrian Tremayne Wilson (11th Cir. 2020). “3 USCA11 Case: 17-12379 Date Filed: 10/27/2020 Page: 4 of 50 Before Wilson’s car was towed, Officer Palant verified that the windows were illegally tinted and wrote Wilson citations for: (1) unlawfully speeding at 56 miles per hour in a 40-mile-per-hour zone, in violation of…”

King v. State, 42 Fla. Supp. 2d 94 (Fla. Cir. Ct. 1990). “King (King), was found guilty of the traffic infraction of *95 speeding, Florida Statute § 316.189, and appeals arguing that the radar device used had not been tested within the six month time limit prescribed by Florida Statute § 316.”

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