Florida Statute 316.1895 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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316.1895 Establishment of school speed zones, enforcement; designation.—

(1)(a) The Department of Transportation, pursuant to the authority granted under s. 316.0745, shall adopt a uniform system of traffic control devices and pedestrian control devices for use on the streets and highways in the state surrounding all schools, public and private.

(b) The Department of Transportation shall compile, publish, and transmit a manual containing all specifications and requirements with respect to the system of devices established pursuant to paragraph (a) to the governing body of each county and municipality in the state, and the Department of Transportation and each county and municipality in the state shall install and maintain such traffic and pedestrian control devices in conformity with such uniform system.

(2) Upon request from the appropriate local government, the Department of Transportation shall install and maintain such traffic and pedestrian control devices on state-maintained roads as prescribed in this section for all prekindergarten early-intervention schools that receive federal funding through the Headstart program.

(3)(a) A school zone located on a state-maintained primary or secondary road shall be maintained by the Department of Transportation. However, nothing herein shall prohibit the Department of Transportation from entering into agreements with counties or municipalities whereby the local governmental entities would maintain specified school zones on state-maintained primary or secondary roads.

(b) The county shall have the responsibility to maintain a school zone located outside of any municipality and on a county road.

(d) For the purposes of this section, the term “maintained” with respect to any school zone means the care and maintenance of all school zone signs, markers, traffic control devices, and pedestrian control devices.

(4)(a) A school zone maintained by a county shall be periodically inspected by the county sheriff’s office or any other qualified agent to determine whether or not the school zone is being properly maintained.

(b) A school zone maintained by a municipality shall be periodically inspected by the municipal police department or any other qualified agent to determine whether or not the school zone is being properly maintained.

(5) A school zone speed limit may not be less than 15 miles per hour except by local regulation. No school zone speed limit shall be more than 20 miles per hour in an urbanized area, as defined in s. 334.03. Such speed limit may be in force only during those times 30 minutes before, during, and 30 minutes after the periods of time when pupils are arriving at a regularly scheduled breakfast program or a regularly scheduled school session and leaving a regularly scheduled school session.

(6) Permanent signs designating school zones and school zone speed limits shall be uniform in size and color, and shall have the times during which the restrictive speed limit is enforced clearly designated thereon. Flashing beacons activated by a time clock, or other automatic device, or manually activated may be used as an alternative to posting the times during which the restrictive school speed limit is enforced. Beginning July 1, 2008, for any newly established school zone or any school zone in which the signing has been replaced, a sign stating “Speeding Fines Doubled” shall be installed within the school zone. The Department of Transportation shall establish adequate standards for the signs and flashing beacons.

(7) Portable signs designating school zones and school zone speed limits shall be uniform in size and color. Such signs shall be erected on the roadway only during those hours when pupils are arriving at and leaving regularly scheduled school sessions. The Department of Transportation shall establish adequate standards for the signs.

(8) Nothing herein shall prohibit the use of automatic traffic control devices for the control of vehicular and pedestrian traffic at school crossings.

(9) All flags, belts, apparel, and devices issued, supplied, or furnished to pupils or persons acting in the capacity of school safety patrols, special school police, or special police appointed to control and direct traffic at or near schools, when used during periods of darkness, shall be made at least in part with retroreflective materials so as to be visible at night at 300 feet to approaching motorists when viewed under lawful low-beam headlights.

(10) A person may not drive a vehicle on a roadway designated as a school zone at a speed greater than that posted in the school zone in accordance with this section. Violation of the speed limits established pursuant to this section must be cited as a moving violation, punishable as provided in chapter 318.

History.—s. 1, ch. 71-135; s. 1, ch. 73-161; s. 1, ch. 74-63; s. 1, ch. 74-366; ss. 1, 19, ch. 76-31; s. 2, ch. 76-159; s. 1, ch. 91-124; s. 23, ch. 96-350; s. 137, ch. 99-248; s. 10, ch. 99-385; s. 1, ch. 2003-40; s. 3, ch. 2008-176.

Note.—Former s. 316.184.

F.S. 316.1895 on Google Scholar

F.S. 316.1895 on CourtListener

Amendments to 316.1895

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.1895

R or S next to points is Mandatory Revocation or Suspension

S316.1895 SPEED - SCHOOL ZONE (requires speeds) - Points on Drivers License: 3

S316.1895 SPEED - SCHOOL ZONE (no speeds indicated) - Points on Drivers License: 3

S316.1895 (10) Unlawful speed in school zone (requires speeds) - Points on Drivers License: 3

S316.1895 (10) Unlawful speed in school zone (no speeds indicated) Note 8 - Points on Drivers License: 3

S316.1895 (10) Unlawful speed in school zone - CAMERA DEVICE ONLY - Points on Drivers License: 0

Cases Citing Statute 316.1895

Total Results: 6 | Sort by: Relevance | Newest First

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Harrison v. Escambia Cnty. Sch. Bd., 434 So. 2d 316 (Fla. 1983).

Cited 17 times | Published | Supreme Court of Florida | 12 Educ. L. Rep. 1027, 1983 Fla. LEXIS 2464

...sagree that this section abrogates the board's sovereign immunity. In making this claim Harrison relies on A.L. Lewis Elementary School v. Metropolitan Dade County, 376 So.2d 32 (Fla. 3d DCA 1979). That case, however, dealt with a different statute, section 316.1895, Florida Statutes (1975). Section 316.1895 mandates that the Department of Transportation adopt a uniform system of traffic- and pedestrian-control devices for use on streets and highways surrounding all schools and that counties and municipalities install and maintain such devices in conformity with the uniform system. In A.L. Lewis the third district found that the sovereign immunity which normally attaches to the decision to install traffic-control devices could not prevail in the face of the statutory imposition of a duty by section 316.1895. Section 234.112, on the other hand, merely states that school boards shall establish school bus stops as necessary. This is not the same as section 316.1895's mandate that devices be installed on streets and highways surrounding all schools....

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AL LEWIS, ETC. v. Metro. Dade Cty., 376 So. 2d 32 (Fla. 3d DCA 1979).

Cited 12 times | Published | Florida 3rd District Court of Appeal

...Dade County, 374 So.2d 64 (Fla. 3d DCA 1979). That basis for continued immunity of a county or municipality for such matters does not prevail in face of a statutory imposition of a duty on such governmental agencies to establish and maintain such traffic regulation facilities. Section 316.1895, Florida Statutes (1975) directs the Department of Transportation to adopt a system of traffic control devices and pedestrian control devices for use on streets and highways surrounding all schools, public or private; to compile and...

...arter under the so-called Home Rule Amendment to the Florida Constitution adopted in 1956. Miami *35 Shores Village v. Cowart, supra. That Dade legislation did not purport to and did not operate to eliminate the mandatory requirement of the statute [Section 316.1895, Florida Statutes (1975)] for installation of such traffic control and protective devices on streets surrounding schools in municipalities, but only to shunt such duty from the municipalities to the County....

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Harrison v. Escambia Cnty. Sch. Bd., 419 So. 2d 640 (Fla. 1st DCA 1982).

Cited 6 times | Published | Florida 1st District Court of Appeal | 6 Educ. L. Rep. 1193

...Lewis Elementary School v. Metropolitan Dade County, supra, involved the failure of the county to establish speed zones, and to install traffic and pedestrian control devices "for use on streets and highways surrounding all schools, public or private ...," pursuant to Section 316.1895, Florida Statutes (1975)....

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Short v. Lakeside Cmty. Church, 700 So. 2d 772 (Fla. Dist. Ct. App. 1997).

Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 11528, 1997 WL 634149

providing a school cross ing zone as authorized by section 316.1895, Florida Statutes (1993). These counts remain

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Perez v. Metro. Dade Cnty., 662 So. 2d 421 (Fla. 5th DCA 1995).

Published | Florida 5th District Court of Appeal | 1995 Fla. App. LEXIS 11673, 1995 WL 653545

[Metro-Dade] alleging that Metro-Dade had violated section 316.1895, Florida Statutes (1991), by negligently failing

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Robert Zoba v. The City of Coral Springs, 189 So. 3d 888 (Fla. 4th DCA 2016).

Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 3607, 2016 WL 889312

payment of fines for violations of Florida Statute § 316.1895(10); in accordance with Florida Statutes § 318

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.