Fla. Stat. § 316.091
civil infractionverifiedLimited access facilities; interstate highways; use restricted
How Florida classifies this section
Noncriminal traffic infraction (civil)
“Except as provided in ss. 318.17 and 320.07(3)(c), any person cited for a violation of chapter 316, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or (3), s. 322.1615, s. 322.19, or s. 1006.66(3) is charged with a noncriminal infraction”
— § 318.14(1), Fla. Stat., verbatim
The statute, verbatim
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.
sha256 720ef3f52113e6fd1491c1e102a41499… · 2025 Fla. Stat., dual fetch-path pipeline · permanent corpus page →
Which text, as of when
2025 Florida Statuteslast amended 2012Decoded against the 2025 Florida Statutes as ingested — dual fetch-path verified, hash-pinned. Session laws amend sections on their own effective dates; the 2026 Laws of Florida are indexed as the corpus's overlay.
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.
License points — the scale, shown
Point values attach on conviction, under § 322.27(3)(d)'s graduated scale. Which row a case lands on can turn on facts the citation and the disposition determine — the rows that could reach this section are shown with their own words and conditions. The scale is shown, not applied.
“All other moving violations (including parking on a highway outside the limits of a municipality)—3 points.”
“Any moving violation covered in this paragraph, excluding unlawful speed and unlawful use of a wireless communications device, resulting in a crash—4 points.”
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The War Room reads the statute box off your citation (typed, or photographed in your browser — the image never uploads), computes your 30-day window with the arithmetic shown, and lays out every option with its consequences quoted. Free with a verified account; no payment, no card.
Open the War Room — free accountQuestions drivers ask
Is a section 316.091 ticket criminal or a civil infraction in Florida?
Section 316.091 sits in the noncriminal traffic infraction framework: Except as provided in ss. 318.17 and 320.07(3)(c), any person cited for a violation of chapter 316, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or (3), s. 322.1615, s. 322.19, or s. 1006.6… (§ 318.14(1), Fla. Stat.). The § 318.17 criminal exceptions do not name this section.
What is the deadline after a section 316.091 citation?
Under § 318.14(4)(a), a person charged with a noncriminal infraction who does not elect to appear generally has 30 days after the date of issuance to pay or enter the clerk's payment plan. The War Room computes the exact window from your citation's issuance date, arithmetic shown, and § 318.15 states what follows a missed window. Verify any date with the clerk of the county on the citation.
What are the options after a section 316.091 ticket?
The § 318.14 menu, where it applies: pay the penalty (an admission by statute), enter a payment plan, elect the basic driver improvement course where eligible (adjudication withheld, no points, once per 12 months and eight times lifetime), or request the infraction hearing where the state must prove the infraction beyond a reasonable doubt (§ 318.14(6)). Any option can be walked with a licensed attorney — choosing is yours, or one to make with counsel.
How many license points can section 316.091 carry?
Points attach on conviction under § 322.27(3)(d)'s graduated scale. The rows that could reach this section carry 3, 4 points, with conditions the statute itself states (crash involvement, speed over the limit, school-zone factors). The scale is shown, not applied — which row fits a case depends on facts the citation and the disposition determine.
Can this page tell me what to do about my ticket?
No — and that line is the product. It shows the statute verbatim, the classification, the point rows, and the options with their stated consequences. What to do about a specific ticket is a decision for you, or for a licensed attorney; the free War Room decodes your citation, and the attorney connection is free to request with the firm billing directly.
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