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Florida Statute 316.090 | Lawyer Caselaw & Research
F.S. 316.090 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 316.090

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.090
316.090 Driving on divided highways.
(1) Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic control devices or police officers.
(2) No vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection as established, unless specifically authorized by public authority.
(3) 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. 3, ch. 86-36; s. 115, ch. 99-248.

F.S. 316.090 on Google Scholar

F.S. 316.090 on Casetext

Amendments to 316.090


Arrestable Offenses / Crimes under Fla. Stat. 316.090
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.090.


Civil Citations / Citable Offenses under S316.090
R or S next to points is Mandatory Revocation or Suspension

S316.090 (1) Driving on WRONG SIDE OF DIVIDED HIGHWAY - Points on Drivers License: 3
S316.090 (2) Crossing/Driving on MEDIAN STRIP OR MARKER DIVIDER OF DIVIDED HIGHWAY - Points on Drivers License: 3


Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. O. HERNANDEZ,, 718 So. 2d 833 (Fla. Dist. Ct. App. 1998)

. . . hand turn across the grassy median dividing the north and south bound lanes in violation of section 316.090 . . . was a civil traffic violation for which he could have been cited by the police pursuant to section 316.090 . . . Section 316.090 “Driving on divided highways” provides as follows: (1) Whenever any highway has been . . .

PERIERA, v. FLORIDA POWER LIGHT COMPANY,, 680 So. 2d 617 (Fla. Dist. Ct. App. 1996)

. . . Notwithstanding the existence of section 316.090, Florida Statutes, prohibiting vehicles from driving . . .

SEABOARD COASTLINE RAILROAD COMPANY, v. ADDISON,, 502 So. 2d 1241 (Fla. 1987)

. . . reversible error but found that there was no error in the trial court’s failure to instruct on section 316.090 . . .

CITY OF TAMARAC, a v. GARCHAR, 398 So. 2d 889 (Fla. Dist. Ct. App. 1981)

. . . liability, I believe the trial court erred in refusing to give appellant’s requested instruction on Section 316.090 . . . Of course, if on retrial the court instructs the jury on Sections 316.028 and 316.090, then the court . . . on: (1) Section 316.028, Florida Statutes (1973), regarding driving while intoxicated; (2) Section 316.090 . . .

GAGEL, v. S. CORNELIUS,, 380 So. 2d 1333 (Fla. Dist. Ct. App. 1980)

. . . traffic infraction of failing to drive on the proper side of a divided highway, contrary to Section 316.090 . . .

STATE v. LEE, STATE v. G. JULIO,, 356 So. 2d 276 (Fla. 1978)

. . . 316.057(9), 316.061, 316.081, 316.082, 316.083, 316.084, 316.085, 316.086, 316.087, 316.088, 316.089, 316.090 . . .