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Fla. Stat. § 316.189

civil infractionverified

Establishment of municipal and county speed zones

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

A § 318.19 mandatory-hearing rule reaches this section

Any infraction of s. 316.183(2), s. 316.187, or s. 316.189 of exceeding the speed limit by 30 mph or more” — § 318.19 (only when the citation alleges exceeding the speed limit by 30 mph or more)

The statute, verbatim

316.189 Establishment of municipal and county speed zones. — (1) MUNICIPAL SPEED. — The maximum speed within any municipality is 30 miles per hour. With respect to residence districts, a 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 shall not be necessary to conduct a separate investigation for each residence district. A municipality may set speed zones altering the speed limit, both as to maximum, not to exceed 60 miles per hour, and minimum, after investigation determines such a change is reasonable and in conformity to criteria promulgated by the Department of Transportation, except that no changes shall be made on state highways or connecting links or extensions thereof, which shall be changed only by the Department of Transportation. (2) SPEED ON COUNTY ROADS. — The maximum speed on any county-maintained road is: (a) In any business or residence district, 30 miles per hour in the daytime or nighttime; provided that with respect to residence districts a county may set a maximum speed limit of 25 miles per hour after an investigation determines that such a limit is reasonable; and it shall not be necessary to conduct a separate investigation in each residence district. (b) On any other part of a county road not a business or residence district, as set forth in s. 316.183. However, the board of county commissioners may set speed zones altering such speeds, both as to maximum and minimum, after investigation determines such a change is reasonable and in conformity to criteria promulgated by the Department of Transportation, except that no such speed zone shall permit a speed of more than 60 miles per hour. (3) POSTING OF SPEED LIMITS. — All speed zones shall be posted with clearly legible signs. No change in speeds from 30 miles per hour or from those established in s. 316.183 shall take effect until the zone is posted by the authority changing the speed pursuant to this section and s. 316.187. All signs which limit or establish speed limits, maximum and minimum, shall be so placed and so painted as to be plainly visible and legible in daylight or in darkness when illuminated by headlights. (4) PENALTY. — Violation of the speed limits established under this section must be cited as a moving violation, punishable as provided in chapter 318. History. — s. 1, ch. 71-135; ss. 1, 19, ch. 76-31; s. 2, ch. 76-218; s. 1, ch. 88-47; s. 22, ch. 90-227; s. 48, ch. 96-323; s. 22, ch. 96-350. Note. — Former s. 316.182.

sha256 bd2b05b6dceb209cb29da98d48bc5cb9… · 2025 Fla. Stat., dual fetch-path pipeline · permanent corpus page →

Which text, as of when

2025 Florida Statuteslast amended 1996

Decoded 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; ss. 1, 19, ch. 76-31; s. 2, ch. 76-218; s. 1, ch. 88-47; s. 22, ch. 90-227; s. 48, ch. 96-323; s. 22, ch. 96-350. Note. — Former s. 316.182.

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.

6 points§ 322.27(3)(d) row 3only resulting in a crash

Unlawful speed, or unlawful use of a wireless communications device, resulting in a crash—6 points.

3 points§ 322.27(3)(d) row 5.aonly speed not in excess of 15 mph over

Unlawful speed:a. Not in excess of 15 miles per hour of lawful or posted speed—3 points.

4 points§ 322.27(3)(d) row 5.bonly speed in excess of 15 mph over

b. In excess of 15 miles per hour of lawful or posted speed—4 points.

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Questions drivers ask

Is a section 316.189 ticket criminal or a civil infraction in Florida?

Section 316.189 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.). A § 318.19 mandatory-hearing rule can reach this section — where it applies, the cited person must appear at the scheduled hearing.

What is the deadline after a section 316.189 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 316.189 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 316.189 carry?

Points attach on conviction under § 322.27(3)(d)'s graduated scale. The rows that could reach this section carry 3, 4, 6 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.

Related sections

TrialVector is software, not a law firm, and provides legal information, not legal advice. No attorney-client relationship is formed by using this tool. The software is not an attorney, and conversations with it are not protected by attorney-client privilege. Deadlines shown are arithmetic from the inputs you provide — verify every date with the clerk of the court named on your citation. Nothing here predicts or promises any outcome in any case. Florida citations only — other states are not yet covered, and this tool will say so rather than guess. Reading your ticket happens in your browser; the decision about what to do with it never happens in software.