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Florida Statute 316.183 | Lawyer Caselaw & Research
F.S. 316.183 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 316.183

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.183
316.183 Unlawful speed.
(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
(2) On all streets or highways, the maximum speed limits for all vehicles must be 30 miles per hour in business or residence districts, and 55 miles per hour at any time at all other locations. However, with respect to a residence district, a county or 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 is not necessary to conduct a separate investigation for each residence district. The minimum speed limit on all highways that comprise a part of the National System of Interstate and Defense Highways and have not fewer than four lanes is 40 miles per hour, except that when the posted speed limit is 70 miles per hour, the minimum speed limit is 50 miles per hour.
(3) A school bus may not exceed the posted speed limits at any time.
(4) The driver of every vehicle shall, consistent with the requirements of subsection (1), drive at an appropriately reduced speed when:
(a) Approaching and crossing an intersection or railway grade crossing;
(b) Approaching and going around a curve;
(c) Approaching a hill crest;
(d) Traveling upon any narrow or winding roadway; and
(e) Any special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(5) No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.
(6) No driver of a vehicle shall exceed the posted maximum speed limit in a work zone area.
(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. 1, ch. 76-159; s. 3, ch. 76-218; s. 3, ch. 76-286; s. 1, ch. 77-174; s. 6, ch. 87-161; s. 2, ch. 88-47; s. 5, ch. 88-91; s. 4, ch. 88-93; s. 21, ch. 90-227; s. 17, ch. 94-306; s. 20, ch. 96-350; s. 135, ch. 99-248; s. 32, ch. 2005-164; s. 5, ch. 2012-181.

F.S. 316.183 on Google Scholar

F.S. 316.183 on Casetext

Amendments to 316.183


Arrestable Offenses / Crimes under Fla. Stat. 316.183
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.183.


Civil Citations / Citable Offenses under S316.183
R or S next to points is Mandatory Revocation or Suspension

S316.183 (1) FAILED to use due care - Points on Drivers License: 3
S316.183 (1) TOO fast for conditions - Points on Drivers License: 3
S316.183 (2) Unlawful Speed (requires speeds)-Exceeding speed limit - Points on Drivers License: 3
S316.183 (2) Unlawful Speed (if no speeds are indicated on citation)-Exceeding speed limit - Points on Drivers License: 3
S316.183 (2) Unlawful Speed - LESS than posted minimum - Points on Drivers License: 3
S316.183 (3) Unlawful Speed - School bus (requires speeds) - Points on Drivers License: 3
S316.183 (3) Unlawful Speed - School bus (if no speeds are indicated on the citation) - Points on Drivers License: 3
S316.183 (4) TOO fast for conditions - Points on Drivers License: 3
S316.183 (4)(a) Speed too fast for conditions R/R/intersection - Points on Drivers License: 3
S316.183 (4)(b) Speed too fast for conditions on curve - Points on Drivers License: 3
S316.183 (4)(c) Speed too fast for conditions approaching hill - Points on Drivers License: 3
S316.183 (4)(d) Speed too fast for conditions narrow/winding road - Points on Drivers License: 3
S316.183 (4)(e) Speed too fast for conditions special hazard - Points on Drivers License: 3
S316.183 (5) Impeding traffic - Points on Drivers License: 3
S316.183 (6) Exceeding posted speed in a work-zone Note 6 - Points on Drivers License: 3


Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. F. LEEKLEY,, 377 F. Supp. 3d 1318 (N.D. Fla. 2019)

. . . charged him with driving a motor vehicle in excess of the posted speed limit, in violation of Section 316.183 . . .

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

. . . court sustained the objection, instead giving the jury instruction requested by Jones based on section 316.183 . . .

UNITED STATES v. PINKHAM, Sr., 896 F.3d 133 (1st Cir. 2018)

. . . . §§ 316.183(7), 775.082(5), 775.083(1)(e). . . .

UNITED STATES v. NAHMANI,, 696 F. App'x 457 (11th Cir. 2017)

. . . . § 316.183(1), making the initial stop lawful. . . .

UNITED STATES v. BARNES,, 596 F. App'x 821 (11th Cir. 2015)

. . . . § 316.183(1). . . .

AGREDA, v. STATE, 152 So. 3d 114 (Fla. Dist. Ct. App. 2014)

. . . See § 316.183(2). . . . driven at such a slow speed as to impede or block the normal flow of traffic in violation of section 316.183 . . .

A. BIRGE, v. D. CHARRON,, 107 So. 3d 350 (Fla. 2012)

. . . See, e.g., § 316.183(5), Fla. Stat. (2012) (State Uniform Traffic Control Law). . . .

GONZALEZ v. B. ROSE, II,, 752 So. 2d 39 (Fla. Dist. Ct. App. 2000)

. . . Under Florida Statutes section 316.183(1), no person shall drive a vehicle on a street, highway, or road . . .

D. CRAIG v. SCHOOL BOARD OF BROWARD COUNTY,, 679 So. 2d 1219 (Fla. Dist. Ct. App. 1996)

. . . Appellants next argue that the trial court erred in refusing to instruct the jury on section 316.183( . . . Section 316.183(2) & (3) provided: 316.183 Unlawful speed. (2) On all streets or highways, the maximum . . . Appellants counter that section 316.183(3) established a maximum speed limit of 30 miles per hour for . . . To gauge the statutory purpose behind section 316.183(3), it is proper to trace the evolution of the . . . (codified at § 316.183(3), Fla. Stat. (Supp. 1994 )). . . .

SAFETY KLEEN CORPORATION, a v. RIDLEY, 666 So. 2d 913 (Fla. Dist. Ct. App. 1995)

. . . instruct the jury pursuant to Florida Standard Jury Instruction 4.11 in reference to violations of section 316.183 . . .

YELLOW CAB COMPANY OF TAMPA, INC. a A. v. PFIZER PHARMACEUTICALS, INC., 643 So. 2d 78 (Fla. Dist. Ct. App. 1994)

. . . to Florida Standard Jury Instruction (Civil) 4.11, based upon violations of Florida Statute Sections 316.183 . . . (1), concerning unlawful speed, 316.183(4), pertaining to special hazards, and 316.1925(1), careless . . . been reasonable for the jury to have found that Johnson’s speed constituted a violation of section 316.183 . . . found that Johnson’s failure to slow down or switch traffic lanes constituted a violation of section 316.183 . . .

STATE v. JOY,, 637 So. 2d 946 (Fla. Dist. Ct. App. 1994)

. . . Travelling at an unlawful speed is a violation of section 316.183, Florida Statutes (1991). . . .

GULLEY, v. PIERCE, a a, 625 So. 2d 45 (Fla. Dist. Ct. App. 1993)

. . . vehicle to stop when approaching an intersection where traffic lights are inoperative; (2) Section 316.183 . . . Finally, we agree that the trial court erred in refusing to instruct the jury that a violation of section 316.183 . . . flashing caution signal should proceed through the intersection only with caution, and that of section 316.183 . . .

GRIEFER B. v. DiPIETRO a k a a k a J. a k a a k a No a k a, 625 So. 2d 1226 (Fla. Dist. Ct. App. 1993)

. . . court erred in refusing to give appellants’ requested instruction on unlawful speed based on section 316.183 . . .

A. ROBINSON S. v. W. GERARD B., 611 So. 2d 605 (Fla. Dist. Ct. App. 1993)

. . . Florida Statute § 316.183 UNLAWFUL SPEED states: “No person shall drive a vehicle on a highway at a speed . . . instruction in particular, the court apparently agreed with the defendants’ arguments that Section 316.183 . . . Although the existence of such hazards is a factor to be considered under section 316.183(1), relating . . . Nor do we agree with appellees’ argument that section 316.183(1) does not apply under the circumstances . . .

C. SOTUYO, v. WILLIAMS,, 587 So. 2d 612 (Fla. Dist. Ct. App. 1991)

. . . 4.11 regarding alleged violations of the Florida Uniform Traffic Control Law, specifically section 316.183 . . . instructions pursuant to Florida Standard Jury Instruction 4.11 in reference to violations of section 316.183 . . . Section 316.183(1) provides that [n]o person shall drive a vehicle on a highway at a speed greater than . . . reasonably infer, because of appellee’s failure to decrease his speed, that a violation of section 316.183 . . .

ESTATE OF WALLACE, v. FISHER,, 567 So. 2d 505 (Fla. Dist. Ct. App. 1990)

. . . Jury Instruction 4.11 that if the jury found that the nominal plaintiff Linda violated either section 316.183 . . .

STATE v. EADY,, 538 So. 2d 96 (Fla. Dist. Ct. App. 1989)

. . . See § 316.183(1), Fla.Stat. (1987) (“No person shall drive a vehicle on a highway at a speed greater . . .

W. HESSEL, v. STATE, 525 So. 2d 512 (Fla. Dist. Ct. App. 1988)

. . . certiorari and quash the order affirming petitioner’s traffic conviction of a violation of section 316.183 . . .

H. OLIVER A. v. S. EISENMAN,, 523 So. 2d 189 (Fla. Dist. Ct. App. 1988)

. . . exceeded the lawful speed limit at the time and place of the accident proved a violation of section 316.183 . . .

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

. . . district court found the trial court’s failure to instruct on section 316.030 (careless driving) and 316.183 . . .

STATE OF FLORIDA v. PHENEY, 21 Fla. Supp. 2d 75 (Pinellas Cty. Ct. 1986)

. . . And, while the Defendant may have exceeded a speed which was reasonable and prudent, contrary to F.S. 316.183 . . .

SEABOARD COASTLINE RAILROAD COMPANY, v. ADDISON,, 481 So. 2d 3 (Fla. Dist. Ct. App. 1985)

. . . trial court refused to give certain instructions requested by Seaboard as to Sections 316.1575 and 316.183 . . . railroad tracks when a train blows its whistle 1500' from the crossing and is an immediate hazard; Section 316.183 . . . jury instructions as reflected in the record clearly encompass the requested instruction on Section 316.183 . . .

ELLIOT v. STATE OF FLORIDA, 8 Fla. Supp. 2d 54 (Fla. Cir. Ct. 1983)

. . . , the court finds that the Defendant was in fact charged, tried and convicted under Florida Statute 316.183 . . .

R. BURLESON v. J. FEALLOCK, III,, 417 So. 2d 1149 (Fla. Dist. Ct. App. 1982)

. . . The evidence does not support a finding of a violation of Sections 316.183(4) and 316.185, Florida Statutes . . .

W. R. LINDSEY, a v. E. JOHNSON, 415 So. 2d 778 (Fla. Dist. Ct. App. 1982)

. . . such lane until the driver has first ascertained that such movement can be made with safety; (5) that 316.183 . . . except when reduced speed is necessary for safe operation or in compliance with the law; (6) that § 316.183 . . .

STATE v. DuPONT,, 399 So. 2d 438 (Fla. Dist. Ct. App. 1981)

. . . only applies to Part III of the Traffic Rules entitled “Criminal Offenses” and a violation of section 316.183 . . . Fla.R.App.P. 9.030(c)(1)(A). . § 316.183(2), Fla.Stat. (1979). . . . . . § 316.183(2), Fla.Stat. (1979). . . . .

YOLMAN, v. STATE, 388 So. 2d 1038 (Fla. 1980)

. . . subsequently amended to sixty-one, miles per hour in a thirty-five-mile-per-hour zone in violation of section 316.183 . . .

UNITED STATES v. BLOCK, 452 F. Supp. 907 (M.D. Fla. 1978)

. . . . § 316.183, which together with Fla.Stat. § 316.187(1) provides that the maximum speed limit for vehicles . . . The Court holds therefore that, under the provisions of Fla.Stat. § 316.183 (via 18 U.S.C. §§ 7 and 13 . . . The absence of reported decisions interpreting Fla.Stat. § 316.183 does not mean that its meaning was . . .

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

. . . .-159, 316.162, 316.181, 316.182, 316.183, 316.-184, 316.185, 316.186, 316.196, 316.197, 316.-198, 316.205 . . .

KOMINSKY, v. STATE, 330 So. 2d 800 (Fla. Dist. Ct. App. 1976)

. . . Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). .Florida Statute 316.183(2) (e). . . .

MENARD W. v. O MALLEY,, 327 So. 2d 905 (Fla. Dist. Ct. App. 1976)

. . . . § 316.183, “Unlawful speed” was not error. . . .