Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 316.091 | Lawyer Caselaw & Research
F.S. 316.091 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 316.091

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.091
316.091 Limited access facilities; interstate highways; use restricted.
(1) No person shall drive a vehicle onto or from any limited access roadway except at such entrances and exits as are established by public authority.
(2) Except as provided herein, no person shall operate upon a limited access facility any bicycle, motor-driven cycle, animal-drawn vehicle, or any other vehicle which by its design or condition is incompatible with the safe and expedient movement of traffic.
(3) No person shall ride any animal upon any portion of a limited access facility.
(4) No person shall operate a bicycle or other human-powered vehicle on the roadway or along the shoulder of a limited access highway, including bridges, unless official signs and a designated, marked bicycle lane are present at the entrance of the section of highway indicating that such use is permitted pursuant to a pilot program of the Department of Transportation.
(5) The Department of Transportation and expressway authorities are authorized to designate use of shoulders of limited access facilities and interstate highways under their jurisdiction for such vehicular traffic determined to improve safety, reliability, and transportation system efficiency. Appropriate traffic signs or dynamic lane control signals shall be erected along those portions of the facility affected to give notice to the public of the action to be taken, clearly indicating when the shoulder is open to designated vehicular traffic. This section may not be deemed to authorize such designation in violation of any federal law or any covenant established in a resolution or trust indenture relating to the issuance of turnpike bonds, expressway authority bonds, or other bonds.
(6) The Department of Transportation shall establish a 2-year pilot program, in three separate urban areas, in which it shall erect signs and designate marked bicycle lanes indicating highway approaches and bridge segments of limited access highways as open to use by operators of bicycles and other human-powered vehicles, under the following conditions:
(a) The limited access highway approaches and bridge segments chosen must cross a river, lake, bay, inlet, or surface water where no street or highway crossing the water body is available for use within 2 miles of the entrance to the limited access facility measured along the shortest public right-of-way.
(b) The Department of Transportation, with the concurrence of the Federal Highway Administration on the interstate facilities, shall establish the three highway approaches and bridge segments for the pilot project by October 1, 2012. In selecting the highway approaches and bridge segments, the Department of Transportation shall consider, without limitation, a minimum size of population in the urban area within 5 miles of the highway approach and bridge segment, the lack of bicycle access by other means, cost, safety, and operational impacts.
(c) The Department of Transportation shall begin the pilot program by erecting signs and designating marked bicycle lanes indicating highway approaches and bridge segments of limited access highways, as qualified by the conditions described in this subsection, as open to use by operators of bicycles and other human-powered vehicles no later than March 1, 2013.
(d) The Department of Transportation shall conduct the pilot program for a minimum of 2 years following the implementation date.
(e) The Department of Transportation shall submit a report of its findings and recommendations from the pilot program to the Governor, the President of the Senate, and the Speaker of the House of Representatives by September 1, 2015. The report shall include, at a minimum, bicycle crash data occurring in the designated segments of the pilot program, usage by operators of bicycles and other human-powered vehicles, enforcement issues, operational impacts, and the cost of the pilot program.
(7) 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. 2, ch. 84-284; s. 2, ch. 84-309; s. 116, ch. 99-248; s. 16, ch. 2012-174.

F.S. 316.091 on Google Scholar

F.S. 316.091 on Casetext

Amendments to 316.091


Arrestable Offenses / Crimes under Fla. Stat. 316.091
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.091.


Civil Citations / Citable Offenses under S316.091
R or S next to points is Mandatory Revocation or Suspension

S316.091 (1) Limited Access Facilities, Interstate Highways; Use Restricted- Improper entrance/exit - Points on Drivers License: 3
S316.091 (2) Limited Access Facilities, Interstate Highways; Use Restricted-Operating upon with a motor driven cycle - Points on Drivers License: 3
S316.091 (3) Limited Access Facilities, Interstate Highways; Use Restricted- Riding Animal upon Interstate. - Points on Drivers License: 3
S316.091 (4) Limited Access Facilities, Interstate Highways; Use Restricted- Bike on roadway/shoulder of interstate - Points on Drivers License: 3
S316.091 (4) Limited Access Facilities, Interstate Highways; Use Restricted- Bike on roadway/shoulder of Interstate (14 years of age & older) - Points on Drivers License: 0


Annotations, Discussions, Cases:

Cases from cite.case.law:

ARAJ v. RENFRO, AS GUARDIAN AND NEXT FRIEND OF J. JONES,, 260 So. 3d 1121 (Fla. App. Ct. 2018)

. . . The Arajes requested the following jury instruction based on sections 316.003(34) and 316.091(2): Members . . .

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

. . . 316.061, 316.081, 316.082, 316.083, 316.084, 316.085, 316.086, 316.087, 316.088, 316.089, 316.090, 316.091 . . .