Florida/Georgia Personal Injury & Workers Compensation

...under Fla. Stat. § 843.02 and one count of Reckless Display of a Firearm in violation of Fla. Stat. § 790.10. The charges were later dropped by the State Attorney, although Sebastian pleaded guilty to a noncriminal speeding violation under Fla. Stat. § 316.189(1). Sebastian further alleges that he “continues to suffer nerve damage to his hands and wrists, emotional pain and suffering, loss of employment, and reputational damages” as a result of the handcuffing and arrest....

...Ortiz moved to dismiss the charges on the ground of qualified immunity. The district court first concluded that the officers were entitled to make a custodial arrest because they had probable cause to believe Sebastian was speeding in violation of Fla. Stat. § 316.189(1), and this Court has held that officers are permitted to make custodial arrests for noncriminal offenses in Florida....

...1st DCA 1991), the failure to give the requested instruction was error, requiring reversal. Nor do we agree with appellees' argument that section 316.183(1) does not apply under the circumstances, or that appellants were required to request an instruction under Section 316.189, Florida Statutes (1985), pertaining to the establishment of posted speed limits....

...(2) On all streets or highways, the maximum speed limits for all vehicles shall be 30 miles per hour in business or residence districts, and 55 miles per hour at any time at all other locations. (3) No school bus shall exceed the maximum speed limits provided in subsection (2). The school board contends that section 316.189, Florida Statutes (Supp.1990), allowed counties and municipalities to override the general speed limits of section 316.183 and that the posted speed limit on Stirling Road was 45 miles per hour....

...Harris III Attorney for Town of Lake Placid 325 Central Avenue Lake Placid, Florida 33852 Dear Mr. Harris: On behalf of the Town of Lake Placid, you ask substantially the following question: Does a municipality have the authority to lower the speed limit in a commercial zone to 20 miles per hour? In sum: While section 316.189 (1), Florida Statutes, authorizes a municipality to lower the speed limit on local streets in a residential area to 20 miles per hour when conditions warrant, the statute does not grant the same discretion to reduce the speed limit in non-residential areas....

...f this chapter and not in conflict therewith." This section goes on to state that it is unlawful for any local authority, which includes municipalities, to pass or to attempt to enforce any ordinance in conflict with the provisions of Chapter 316. 2 Section 316.189 (1), Florida Statutes, provides: "The maximum speed within any municipality is 30 miles per hour....

...nly by the Department of Transportation." 3 (e.s.) In Attorney General Opinion 92-94, this office was asked whether a municipality could establish a speed limit lower than 25 miles per hour on local streets and highways in light of the provisions of section 316.189 (1), Florida Statutes (1991)....

...a municipality could set a maximum speed limit of 25 miles per hour on local streets and highways after an investigation determined that such a limit was reasonable. After reviewing the legislative history of the statute, this office concluded that section 316.189 (1), Florida Statutes, did not authorize a municipality to establish a speed limit lower than 25 miles per hour on local streets and highways. In 1996, the Legislature amended section 316.189 (1), Florida Statutes, to permit a lower maximum speed of 20 miles per hour. 4 As amended, the statute now allows a county or municipality to set a lower maximum speed of either 20 or 25 miles per hour on local streets in a residential area if an investigation determines that such a limit is reasonable. Thus, while section 316.189 (1), Florida Statutes, permits a municipality to lower the speed limit to 20 or 25 miles per hour, it limits the exercise of such discretion to local streets in residential areas. 5 Where the Legislature has prescribed the manner in which a thing should be done, that is, in effect, a prohibition against its being done in any other way. 6 Accordingly, I am of the opinion that while section 316.189 (1), Florida Statutes, authorizes a municipality to lower the speed limit on local streets in a residential area to 20 miles per hour when conditions warrant, the statute does not grant the same discretion to reduce the speed limit in nonresidential areas....

...e: 4 of 50 Before Wilson’s car was towed, Officer Palant verified that the windows were illegally tinted and wrote Wilson citations for: (1) unlawfully speeding at 56 miles per hour in a 40-mile-per-hour zone, in violation of Fla. Stat. § 316.189; (2) careless driving by opening the driver’s side door while driving, in violation of Fla....

...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." (e.s.) Moreover, section 316.189 (1), Florida Statutes, provides in part that the maximum speed within any municipality is 30 miles per hour, although a municipality may set speed zones altering the speed limit, both as to maximum and minimum, after an investigation determines that such a limit is reasonable. Similarly, section 316.189 (2), Florida Statutes, provides that the maximum speed on any county maintained road in a business or residence district is 30 miles per hour....

...Stat. 9 See, s. 316.183 (2), Fla. Stat. (with respect to a residence district, a county or municipality may set a maximum speed of 20 or 25 miles per hour on local streets and highways after an investigation determines that such a limit is reasonable); s. 316.189 (1), Fla. Stat. (while maximum speed within municipality is 30 miles per hour, a municipality may, with respect to residence districts, set a maximum speed of 20 or 25 miles per hour on local streets or highways after an investigation); s. 316.189 (2), Fla....

Herbert Elliott City Attorney City of Tarpon Springs QUESTION: May a municipality establish a speed limit lower than 25 miles per hour on local streets and highways in light of the provisions of s. 316.189 (1), F.S.? SUMMARY: Section 316.189 (1), F.S., does not authorize a municipality to establish a speed limit lower than 25 miles per hour on local streets and highways. Section 316.189 (1), F.S., provides: The maximum speed within any municipality is 30 miles per hour....

...2 To determine such intent, examination may be made of the legislation as a whole, the evil to be corrected, the history of the statute's enactment and the state of the law already in existence bearing on the subject. 3 Prior to its amendment in 1988, s. 316.189 (1), F.S....

...88-47, Laws of Florida, indicates that the Legislature considered that under the then existing statutes quoted above, a municipality could set speed zones within the municipality provided such limits did not exceed 55 miles per hour or were not lower than 30 miles an hour. 5 In amending ss. 316.183 (2) and 316.189 (1), F.S....

...1987, it appears that the Legislature sought to create an exception to the 30 miles per hour limit by permitting municipalities to set a maximum speed limit of 25 miles per hour in residential districts rather than 30 miles per hour. 6 Sections 316.183 (2) and 316.189 (1), F.S., have been amended once since 1988 to limit the application of the 25 miles per hour maximum speed limit to local streets and highways and to provide that separate investigations for each district were not necessary. 7 In light of the above, I am, therefore, of the opinion that s. 316.189 (1), F.S., does not authorize a municipality to establish a speed limit lower than 25 miles per hour on local streets and highways....

...5 See , Tape 1 of 1, Committee on Transportation, Florida Senate, on SB 70, dated February 3, 1988, in which the sponsor of the bill, Senator McPherson, stated in response to a question from Senator Girardeau as to whether municipalities could set any lower limit: Under the present conditions [s. 316.189 , F.S. 1987], the lowest [municipalities] can go in a residential area is 30 miles an hour. . . . This [SB 70] allows them to go 25 in some areas. . . . . Cf ., s. 316.1895 , F.S., providing for the establishment of school speed zones....

that such a limit is reasonable."2 (e.s.) Section 316.189(1), Florida Statutes, provides for the establishment