Florida Statute 316.189 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 316.189

Annotations, Discussions, Cases:

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

Cases Citing Statute 316.189

Total Results: 8

Ruben Sebastian v. Javier Ortiz

918 F.3d 1301

Court of Appeals for the Eleventh Circuit | Filed: Mar 14, 2019 | Docket: 14704593

Cited 108 times | Published

noncriminal speeding violation under Fla. Stat. § 316.189 (1). Sebastian further alleges that

Craig v. School Bd. of Broward County

679 So. 2d 1219, 1996 WL 483025

District Court of Appeal of Florida | Filed: Aug 28, 1996 | Docket: 1215677

Cited 3 times | Published

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

Robinson v. Gerard

611 So. 2d 605, 1993 WL 2972

District Court of Appeal of Florida | Filed: Jan 11, 1993 | Docket: 1680599

Cited 3 times | Published

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

United States v. Adrian Tremayne Wilson

Court of Appeals for the Eleventh Circuit | Filed: Oct 27, 2020 | Docket: 18575605

Published

40-mile-per-hour zone, in violation of Fla. Stat. § 316.189; (2) careless driving by opening the driver’s

Ago

Florida Attorney General Reports | Filed: Apr 23, 2009 | Docket: 3256633

Published

that such a limit is reasonable."2 (e.s.) Section 316.189(1), Florida Statutes, provides for the establishment

Ago

Florida Attorney General Reports | Filed: Feb 12, 2001 | Docket: 3258259

Published

lanes is 40 miles per hour." (e.s.) Moreover, section 316.189(1), Florida Statutes, provides in part that

Ago

Florida Attorney General Reports | Filed: Oct 8, 1998 | Docket: 3258643

Published

commercial zone to 20 miles per hour? In sum: While section 316.189(1), Florida Statutes, authorizes a municipality

Ago

Florida Attorney General Reports | Filed: Dec 23, 1992 | Docket: 3256490

Published

provisions of s. 316.189(1), F.S.? SUMMARY: Section 316.189(1), F.S., does not authorize a municipality