Improper driving on divided highway
Florida Statute § 316.090
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
On a highway divided by a median, physical barrier, or clearly indicated dividing section, vehicles must use the right-hand roadway unless traffic-control devices or police permit otherwise. Drivers may not travel over, across, or within the divider except through an established opening, crossover, or intersection, or with specific public authorization. Document the divider, crossing location, and lack of an authorized opening or direction.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Lane Use
- Type
- Moving
- Civil / Criminal
- Civil
- Offense Classification
- Moving infraction
- Points
- 3
- Fine / Penalty
- $60 base moving penalty; speeding/enhanced-zone schedules may differ
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- No, generally
- NTA Eligible
- N/A — civil citation
- Custodial Arrest
- No — civil infraction (absent separate lawful basis)
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.