The 2023 Florida Statutes (including Special Session C)
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. . . K.Gregg , 2017 WL 5900999, at *2 (citing ORS § 316.007); P.Gregg , 2014 WL 5112762, at *4 (same). . . .
. . . the majority's rejection of Jimenez's argument that is based on the uniformity requirement of section 316.007 . . . Striking a similar tone, section 316.007 states that the provisions of chapter 316 "shall be applicable . . . Id. § 316.007. . . . City of Aventura , 147 So.3d 492, 496-97 (Fla. 2014) (quoting § 316.007, Fla. Stat. (2008) ). . . .
. . . section 316.008(l)(w), Florida Statutes (2008), and were expressly preempted by sections 316.002 and 316.007 . . . section 316.008(l)(w), Florida Statutes (2008), and were expressly preempted by sections 316.002 and 316.007 . . .
. . . Section 316.007 is also expansive in its preemption and states: Provisions uniform throughout state. . . . The express preemption established by sections 316.002 and 316.007 has been interpreted by the Florida . . . then becomes whether the ordinances at issue impact areas expressly preempted by sections 316.002 and 316.007 . . . Masone, 147 So.3d at 496-97 (citing § 316.007, Fla. Stat.). . . . find Phantom of Brevard to be distinguishable because the broad preemptions in sections 316.002 and 316.007 . . .
. . . expressly limit the power of a municipality to legislate over traffic matters — sections 316.002 and 316.007 . . . Consistent with section 316.002, section 316.007, like a constitutional provision over traffic matters . . . enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized.” § 316.007 . . . The section 316.007 prohibition is even broader than that of 316.002; while section 316.002 precludes . . . ordinances that “conflict” with chapter 316, section 316.007 bars ordinances “on a matter covered by . . .
. . . The second preemption provision is found in section 316.007, which provides in pertinent part: “The provisions . . . covered by” the chapter are preempted unless an ordinance is “expressly authorized” by the statute. § 316.007 . . . valid exercise of municipal authority only if they are — as the express preemption provision of section 316.007 . . . Thomas thus dealt with an ordinance on specific matters not “covered by” chapter 316. § 316.007, Fla. . . . 316, and section 316.008(l)(w) does not “expressly authorize[ ]” local ordinances on those matters. § 316.007 . . .
. . . The City argues that its ordinance does not conflict with state law, specifically section 316.007; it . . . not conflict, with any provision found within the Uniform Traffic Control Law as mandated by section 316.007 . . . Section 316.007, Florida Statutes (2011), further emphasizes that traffic laws are.to be uniform throughout . . . The language in section 316.002 and section 316.007, where it specifically states the intent of the Legislature . . .
. . . Additionally, section 316.007, Florida Statutes (2008), specifically provides: The provisions of this . . . Despite the proscriptions of sections 316.002 and 316.007, the City of Aventura (“the City”) enacted . . . In recognition of its stated purpose, section 316.007 of the Florida Uniform Traffic Control Law provides . . . Section 316.007 prohibits municipalities from enacting or enforcing any ordinance on any matter covered . . . When section 316.008(l)(w) is read in pari materia with sections 316.002, 316.007, 316.075, and 318.18 . . . upon these reasons, the trial court concluded that section 48-26 is in direct conflict with section 316.007 . . . Entitled “Provisions uniform throughout state,” section 316.007, Florida Statutes, provides, in pertinent . . . not conflict, with any provision found within the Uniform Traffic Control Law as mandated by section 316.007 . . . Section 316.007 provides: The provisions of this chapter shall be applicable and uniform throughout this . . . Neither the language in section 316.002 nor section 316.007 demonstrates express preemption by the state . . .
. . . . § 316.007 (the “provisions of this chapter shall be applicable and uniform throughout this state and . . .