The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.006

316.006 Jurisdiction.—Jurisdiction to control traffic is vested as follows:

(1) STATE.—The Department of Transportation shall have all original jurisdiction over all state roads throughout this state, including those within the grounds of all state institutions and the boundaries of all dedicated state parks, and may place and maintain such traffic control devices which conform to its manual and specifications upon all such highways as it shall deem necessary to indicate and to carry out the provisions of this chapter or to regulate, warn, or guide traffic.

(2) MUNICIPALITIES.—

(a) Chartered municipalities shall have original jurisdiction over all streets and highways located within their boundaries, except state roads, and may place and maintain such traffic control devices which conform to the manual and specifications of the Department of Transportation upon all streets and highways under their original jurisdiction as they shall deem necessary to indicate and to carry out the provisions of this chapter or to regulate, warn, or guide traffic.

(b) A municipality may exercise jurisdiction over any private road or roads, or over any limited access road or roads owned or controlled by a special district, located within its boundaries if the municipality and party or parties owning or controlling such road or roads provide, by written agreement approved by the governing body of the municipality, for municipal traffic control jurisdiction over the road or roads encompassed by such agreement. Pursuant thereto:

1. Provision for reimbursement for actual costs of traffic control and enforcement and for liability insurance and indemnification by the party or parties, and such other terms as are mutually agreeable, may be included in such an agreement.

2. The exercise of jurisdiction provided for herein shall be in addition to jurisdictional authority presently exercised by municipalities under law, and nothing in this paragraph shall be construed to limit or remove any such jurisdictional authority. Such jurisdiction includes regulation of access to such road or roads by security devices or personnel.

3. Any such agreement may provide for the installation of multiparty stop signs by the parties controlling the roads covered by the agreement if a determination is made by such parties that the signage will enhance traffic safety. Multiparty stop signs must conform to the manual and specifications of the Department of Transportation; however, minimum traffic volumes may not be required for the installation of such signage. Enforcement for the signs shall be as provided in s. 316.123.

4. The board of directors of a homeowners’ association as defined in chapter 720 may, by majority vote, elect to have state traffic laws enforced by local law enforcement agencies on private roads that are controlled by the association.

(c) Notwithstanding any other provisions of law to the contrary, a municipality may, by interlocal agreement with a county, agree to transfer traffic regulatory authority over areas within the municipality to the county.

This subsection shall not limit those counties which have the charter powers to provide and regulate arterial, toll, and other roads, bridges, tunnels, and related facilities from the proper exercise of those powers by the placement and maintenance of traffic control devices which conform to the manual and specifications of the Department of Transportation on streets and highways located within municipal boundaries.

(3) COUNTIES.—

(a) Counties shall have original jurisdiction over all streets and highways located within their boundaries, except all state roads and those streets and highways specified in subsection (2), and may place and maintain such traffic control devices which conform to the manual and specifications of the Department of Transportation upon all streets and highways under their original jurisdiction as they shall deem necessary to indicate and to carry out the provisions of this chapter or to regulate, warn, or guide traffic.

(b) A county may exercise jurisdiction over any private road or roads, or over any limited access road or roads owned or controlled by a special district, located in the unincorporated area within its boundaries if the county and party or parties owning or controlling such road or roads provide, by written agreement approved by the governing body of the county, for county traffic control jurisdiction over the road or roads encompassed by such agreement. Pursuant thereto:

2. Prior to entering into an agreement which provides for enforcement of the traffic laws of the state over a private road or roads, or over any limited access road or roads owned or controlled by a special district, the governing body of the county shall consult with the sheriff. No such agreement shall take effect prior to October 1, the beginning of the county fiscal year, unless this requirement is waived in writing by the sheriff.

3. The exercise of jurisdiction provided for herein shall be in addition to jurisdictional authority presently exercised by counties under law, and nothing in this paragraph shall be construed to limit or remove any such jurisdictional authority.

4. Any such agreement may provide for the installation of multiparty stop signs by the parties controlling the roads covered by the agreement if a determination is made by such parties that the signage will enhance traffic safety. Multiparty stop signs must conform to the manual and specifications of the Department of Transportation; however, minimum traffic volumes may not be required for the installation of such signage. Enforcement for the signs shall be as provided in s. 316.123.

5. The board of directors of a homeowners’ association as defined in chapter 720 may, by majority vote, elect to have state traffic laws enforced by local law enforcement agencies on private roads that are controlled by the association.

(c) If the governing body of a county abandons the roads and rights-of-way dedicated in a recorded residential subdivision, and simultaneously conveys the county’s interest therein to a homeowners’ association for the subdivision in the manner prescribed in s. 336.125, that county’s traffic control jurisdiction over the abandoned and conveyed roads ceases unless the requirements of paragraph (b) are met.

Notwithstanding the provisions of subsection (2), each county shall have original jurisdiction to regulate parking, by resolution of the board of county commissioners and the erection of signs conforming to the manual and specifications of the Department of Transportation, in parking areas located on property owned or leased by the county, whether or not such areas are located within the boundaries of chartered municipalities.

(4) LEGISLATIVE DECLARATION.—The Legislature hereby finds and declares that the exercise by an authority of the powers conferred by written agreement pursuant to the provisions of chapter 87-88, Laws of Florida, serves a valid public purpose and function for which public credit may be pledged and public money may be expended.

History.—s. 1, ch. 71-135; s. 1, ch. 71-982; s. 2, ch. 79-246; ss. 1, 3, ch. 87-88; s. 32, ch. 94-306; s. 101, ch. 2002-20; s. 1, ch. 2002-235; s. 1, ch. 2005-34; s. 2, ch. 2005-164; s. 6, ch. 2006-290; s. 43, ch. 2007-5.

F.S. 316.006 on Google Scholar

F.S. 316.006 on Casetext

Amendments to 316.006

Arrestable Offenses / Crimes under Fla. Stat. 316.006

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.006.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 262 So. 3d 59 (Fla. 2019)

. . . Stat. 316.006(2)(b) or (3)(b), a county or municipality exercises traffic control jurisdiction over said . . . road owned or controlled by a special district, whenever, by written agreement entered into under s. 316.006 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 755 (Fla. 2013)

. . . road owned or controlled by a special district, whenever, by written agreement entered into under s. 316.006 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 692 (Fla. 2013)

. . . Stat. 316.006(2)(b) or (3)(b), a county or municipality exercises traffic control jurisdiction over said . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 95 So. 3d 868 (Fla. 2012)

. . . road owned or controlled by a special district, whenever, by written agreement entered into under s. 316.006 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 6 So. 3d 574 (Fla. 2009)

. . . road owned or controlled by a special district, whenever, by written agreement entered into under s. 316.006 . . .

STATE v. CINO,, 931 So. 2d 164 (Fla. Dist. Ct. App. 2006)

. . . Similarly, we believe it is obvious that the protection provided by section 316.006(4) must be read as . . . make statements in order to comply with his or her statutory duty, the immunity provided by section 316.006 . . .

BISCHOFF, v. FLORIDA, C., 242 F. Supp. 2d 1226 (M.D. Fla. 2003)

. . . . § 316.006(1). . . . Stat. § 316.006(2)—(3). . . . .

STATE OF FLORIDA v. FINGAR, 45 Fla. Supp. 2d 71 (Fla. Cir. Ct. 1991)

. . . granting the Defendant’s Motion to Dismiss, as the prosecution failed to meet the requirements of F.S. 316.006 . . . F.S. 316.006(3)(b) reads: A county may exercise jurisdiction over any private road or roads, or over . . . Section 316.006, Florida Statutes, including its remedial 1987 amendment, limits jurisdiction of county . . .

CITY OF MARGATE v. WOOTEN, 45 Fla. Supp. 2d 12 (Fla. Cir. Ct. 1990)

. . . an agreement between the City of Margate and the owner of the private property, as contained in F.S. 316.006 . . . The question thus must be asked whether F.S. 316.006(2)(b) removes the above grant of authority unless . . . F.S. 316.006(2)(b) provides as follows: “(b) A municipality may exercise jurisdiction over any private . . . F.S. 316.006(2)(b) further provides under Number 2 the following: “The exercise of jurisdiction provided . . . This is further explained by Chapter 87-88 of the laws of the State of Florida which created F.S. 316.006 . . .

CITY OF MARGATE v. WALBRIDGE, 43 Fla. Supp. 2d 70 (Fla. Cir. Ct. 1990)

. . . The lower Court found the Appellee to. be not guilty because F.S. 316.006(2)(b) provides that a municipality . . . Absent that evidence, § 316.006(2)(b) is applicable. . . .

STATE v. PARSONS,, 549 So. 2d 761 (Fla. Dist. Ct. App. 1989)

. . . or roads over which the county has jurisdiction pursuant to a written agreement entered into under § 316.006 . . . roads over which the municipality has jurisdiction pursuant to a written agreement entered into under § 316.006 . . .

ALTERMAN TRANSPORT LINES, INC. v. DEPARTMENT OF TRANSPORTATION,, 519 So. 2d 1005 (Fla. Dist. Ct. App. 1987)

. . . Section 316.006, Florida Statutes, confers jurisdiction on the department to control traffic over all . . .

METROPOLITAN DADE COUNTY, v. V. COLINA,, 456 So. 2d 1233 (Fla. Dist. Ct. App. 1984)

. . . The right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in s. 316.006 . . .

UNITED STATES v. STATE OF FLORIDA,, 585 F. Supp. 807 (N.D. Fla. 1984)

. . . vehicles are determined not to be in the interest of public convenience shall, in conformance with S. 316.006 . . .

ADOPTIE, a By ADOPTIE, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY,, 426 So. 2d 1162 (Fla. Dist. Ct. App. 1983)

. . . cause of appellant’s injuries because the authorities charged with maintenance of the light, see § 316.006 . . .

HARRISON, v. ESCAMBIA COUNTY SCHOOL BOARD, a, 419 So. 2d 640 (Fla. Dist. Ct. App. 1982)

. . . Under Section 316.006(1), Florida Statutes (1977), the Department of Transportation has jurisdiction . . .

STATE v. WILLIAMS,, 303 So. 2d 74 (Fla. Dist. Ct. App. 1974)

. . . The appellee urges that § 316.006, Fla.Stat. divests the municipality of any such power. . . . effect on January 1, 1972, relating to ‘hot pursuit’ without the boundaries of the municipality.” . “§ 316.006 . . .