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Florida Statute 316.007 | Lawyer Caselaw & Research
F.S. 316.007 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 316.007

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.007
316.007 Provisions uniform throughout state.The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized. However, this section shall not prevent any local authority from enacting an ordinance when such enactment is necessary to vest jurisdiction of violation of this chapter in the local court.
History.s. 1, ch. 71-135; s. 2, ch. 71-982.

F.S. 316.007 on Google Scholar

F.S. 316.007 on Casetext

Amendments to 316.007


Arrestable Offenses / Crimes under Fla. Stat. 316.007
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.007.



Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. RAPOWER- LLC, LLC, R., 343 F. Supp. 3d 1115 (D. Utah 2018)

. . . K.Gregg , 2017 WL 5900999, at *2 (citing ORS § 316.007); P.Gregg , 2014 WL 5112762, at *4 (same). . . .

JIMENEZ, v. STATE, 246 So. 3d 219 (Fla. 2018)

. . . 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) ). . . .

CITY OF OLDSMAR Jo v. Vo TRINH,, 210 So. 3d 191 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

CLASSY CYCLES, INC. v. BAY COUNTY, a a, 201 So. 3d 779 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

CITY OF HOLLYWOOD, a v. AREM,, 154 So. 3d 359 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

MASONE, v. CITY OF AVENTURA, v., 147 So. 3d 492 (Fla. 2014)

. . . 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 . . .

CITY OF ORLANDO v. UDOWYCHENKO,, 98 So. 3d 589 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

CITY OF AVENTURA, v. MASONE,, 89 So. 3d 233 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

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

. . . . § 316.007 (the “provisions of this chapter shall be applicable and uniform throughout this state and . . .