Florida Statute 316.1895 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.1895

316.1895 Establishment of school speed zones, enforcement; designation.—

(1)(a) The Department of Transportation, pursuant to the authority granted under s. 316.0745, shall adopt a uniform system of traffic control devices and pedestrian control devices for use on the streets and highways in the state surrounding all schools, public and private.

(b) The Department of Transportation shall compile, publish, and transmit a manual containing all specifications and requirements with respect to the system of devices established pursuant to paragraph (a) to the governing body of each county and municipality in the state, and the Department of Transportation and each county and municipality in the state shall install and maintain such traffic and pedestrian control devices in conformity with such uniform system.

(2) Upon request from the appropriate local government, the Department of Transportation shall install and maintain such traffic and pedestrian control devices on state-maintained roads as prescribed in this section for all prekindergarten early-intervention schools that receive federal funding through the Headstart program.

(3)(a) A school zone located on a state-maintained primary or secondary road shall be maintained by the Department of Transportation. However, nothing herein shall prohibit the Department of Transportation from entering into agreements with counties or municipalities whereby the local governmental entities would maintain specified school zones on state-maintained primary or secondary roads.

(b) The county shall have the responsibility to maintain a school zone located outside of any municipality and on a county road.

(d) For the purposes of this section, the term “maintained” with respect to any school zone means the care and maintenance of all school zone signs, markers, traffic control devices, and pedestrian control devices.

(4)(a) A school zone maintained by a county shall be periodically inspected by the county sheriff’s office or any other qualified agent to determine whether or not the school zone is being properly maintained.

(b) A school zone maintained by a municipality shall be periodically inspected by the municipal police department or any other qualified agent to determine whether or not the school zone is being properly maintained.

(5) A school zone speed limit may not be less than 15 miles per hour except by local regulation. No school zone speed limit shall be more than 20 miles per hour in an urbanized area, as defined in s. 334.03. Such speed limit may be in force only during those times 30 minutes before, during, and 30 minutes after the periods of time when pupils are arriving at a regularly scheduled breakfast program or a regularly scheduled school session and leaving a regularly scheduled school session.

(6) Permanent signs designating school zones and school zone speed limits shall be uniform in size and color, and shall have the times during which the restrictive speed limit is enforced clearly designated thereon. Flashing beacons activated by a time clock, or other automatic device, or manually activated may be used as an alternative to posting the times during which the restrictive school speed limit is enforced. Beginning July 1, 2008, for any newly established school zone or any school zone in which the signing has been replaced, a sign stating “Speeding Fines Doubled” shall be installed within the school zone. The Department of Transportation shall establish adequate standards for the signs and flashing beacons.

(7) Portable signs designating school zones and school zone speed limits shall be uniform in size and color. Such signs shall be erected on the roadway only during those hours when pupils are arriving at and leaving regularly scheduled school sessions. The Department of Transportation shall establish adequate standards for the signs.

(8) Nothing herein shall prohibit the use of automatic traffic control devices for the control of vehicular and pedestrian traffic at school crossings.

(9) All flags, belts, apparel, and devices issued, supplied, or furnished to pupils or persons acting in the capacity of school safety patrols, special school police, or special police appointed to control and direct traffic at or near schools, when used during periods of darkness, shall be made at least in part with retroreflective materials so as to be visible at night at 300 feet to approaching motorists when viewed under lawful low-beam headlights.

(10) A person may not drive a vehicle on a roadway designated as a school zone at a speed greater than that posted in the school zone in accordance with this section. Violation of the speed limits established pursuant to this section must be cited as a moving violation, punishable as provided in chapter 318.

History.—s. 1, ch. 71-135; s. 1, ch. 73-161; s. 1, ch. 74-63; s. 1, ch. 74-366; ss. 1, 19, ch. 76-31; s. 2, ch. 76-159; s. 1, ch. 91-124; s. 23, ch. 96-350; s. 137, ch. 99-248; s. 10, ch. 99-385; s. 1, ch. 2003-40; s. 3, ch. 2008-176.

Note.—Former s. 316.184.

F.S. 316.1895 on Google Scholar

F.S. 316.1895 on Casetext

Amendments to 316.1895

Arrestable Offenses / Crimes under Fla. Stat. 316.1895

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.1895.

Civil Citations / Citable Offenses under S316.1895

R or S next to points is Mandatory Revocation or Suspension

S316.1895 SPEED - SCHOOL ZONE (requires speeds) - Points on Drivers License: 3

S316.1895 SPEED - SCHOOL ZONE (no speeds indicated) - Points on Drivers License: 3

S316.1895 (10) Unlawful speed in school zone (requires speeds) - Points on Drivers License: 3

S316.1895 (10) Unlawful speed in school zone (no speeds indicated) Note 8 - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases Citing Statute 316.1895

Total Results: 8

Robert Zoba v. The City of Coral Springs

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-09T00:00:00-08:00

Citation: 189 So. 3d 888, 2016 Fla. App. LEXIS 3607, 2016 WL 889312

Snippet: payment of fines for violations of Florida Statute § 316.1895(10); in accordance with Florida Statutes § 318.21…isolation. We agree with the clerk. Section 316.1895, Florida Statutes, governs the establishment of…speed zones, enforcement, and designation. See § 316.1895, Fla. Stat. (2010). Subsection (10) provides that… punishable as provided in chapter 318.” Id. § 316.1895(10). Section 318.14(1) provides that “any person

Short v. Lakeside Community Church

Court: Fla. Dist. Ct. App. | Date Filed: 1997-10-15T00:00:00-07:00

Citation: 700 So. 2d 772, 1997 Fla. App. LEXIS 11528, 1997 WL 634149

Snippet: school cross ing zone as authorized by section 316.1895, Florida Statutes (1993). These counts remain

Perez v. Metropolitan Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 1995-11-08T00:00:00-08:00

Citation: 662 So. 2d 421, 1995 Fla. App. LEXIS 11673, 1995 WL 653545

Snippet: alleging that Metro-Dade had violated section 316.1895, Florida Statutes (1991), by negligently failing…Lewis, Metro-Dade had a duty, pursuant to section 316.1895, Florida Statutes (1991), to establish a school

Ago

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

Snippet: allows them to go 25 in some areas. . . . .Cf., s. 316.1895, F.S., providing for the establishment of school

Ago

Court: Fla. Att'y Gen. | Date Filed: 1985-09-09T00:53:00-07:00

Snippet: Reinforcing this legislative scheme are provisions of s. 316.1895, F.S., providing for the establishment, maintenance

Harrison v. Escambia County School Bd.

Court: Fla. | Date Filed: 1983-07-07T00:53:00-07:00

Citation: 434 So. 2d 316

Snippet: different statute, section 316.1895, Florida Statutes (1975). Section 316.1895 mandates that the Department… the statutory imposition of a duty by section 316.1895. Section 234.112, on the other hand, merely states… as necessary. This is not the same as section 316.1895's mandate that devices be installed on streets

Harrison v. Escambia County School Bd.

Court: Fla. Dist. Ct. App. | Date Filed: 1982-06-23T00:53:00-07:00

Citation: 419 So. 2d 640

Snippet: public or private ...," pursuant to Section 316.1895, Florida Statutes (1975). In rejecting the defense

AL LEWIS, ETC. v. Metropolitan Dade Cty.

Court: Fla. Dist. Ct. App. | Date Filed: 1979-10-23T00:53:00-07:00

Citation: 376 So. 2d 32

Snippet: maintain such traffic regulation facilities. Section 316.1895, Florida Statutes (1975) directs the Department… mandatory requirement of the statute [Section 316.1895, Florida Statutes (1975)] for installation of