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Florida Statute 316.0745 | Lawyer Caselaw & Research
F.S. 316.0745 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 316.0745

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.0745
316.0745 Uniform signals and devices.
(1) The Department of Transportation shall adopt a uniform system of traffic control devices for use on the streets and highways of the state. The uniform system shall, insofar as is practicable, conform to the system adopted by the American Association of State Highway Officials and shall be revised from time to time to include changes necessary to conform to a uniform national system or to meet local and state needs. The Department of Transportation may call upon representatives of local authorities to assist in the preparation or revision of the uniform system of traffic control devices.
(2) The Department of Transportation shall compile and publish a manual of uniform traffic control devices which defines the uniform system adopted pursuant to subsection (1), and shall compile and publish minimum specifications for traffic control signals and devices certified by it as conforming with the uniform system.
(a) The department shall make copies of such manual and specifications available to all counties, municipalities, and other public bodies having jurisdiction of streets or highways open to the public in this state.
(b) The manual shall provide for the use of regulatory speed signs in work zone areas. The installation of such signs is exempt from the provisions of s. 335.10.
(3) All official traffic control signals or official traffic control devices purchased and installed in this state by any public body or official shall conform with the manual and specifications published by the Department of Transportation pursuant to subsection (2).
(4) It shall be unlawful for any public body or official to purchase, or for anyone to sell, any traffic control signal or device unless it conforms with the manual and specifications published by the Department of Transportation and is certified to be of such conformance prior to sale. Any manufacturer or vendor who sells any traffic control signal, guide, or directional sign or device without such certification shall be ineligible to bid or furnish traffic control devices to any public body or official for such period of time as may be established by the Department of Transportation; however, such period of time shall be for not less than 1 year from the date of notification of such ineligibility.
(5) It is unlawful for any public body to manufacture for installation or placement any traffic control signal, guide, or directional sign or device unless it conforms to the uniform system of traffic control devices published by the Department of Transportation. It is unlawful for any public body to sell any traffic control signal, guide, or directional sign or device it manufactures to any nongovernmental entity or person.
(6) Any system of traffic control devices controlled and operated from a remote location by electronic computers or similar devices must meet all requirements established for the uniform system, and, if such a system affects the movement of traffic on state roads, the design of the system shall be reviewed and approved by the Department of Transportation.
(7) The Department of Transportation may, upon receipt and investigation of reported noncompliance and after hearing pursuant to 14 days’ notice, direct the removal of any purported traffic control device that fails to meet the requirements of this section, wherever the device is located and without regard to assigned responsibility under s. 316.1895. The public agency erecting or installing the same shall immediately bring it into compliance with the requirements of this section or remove said device or signal upon the direction of the Department of Transportation and may not, for a period of 5 years, install any replacement or new traffic control devices paid for in part or in full with revenues raised by the state unless written prior approval is received from the Department of Transportation. Any additional violation by a public body or official shall be cause for the withholding of state funds for traffic control purposes until such public body or official demonstrates to the Department of Transportation that it is complying with this section.
(8) The Department of Transportation is authorized to permit traffic control devices not in conformity with the uniform system upon showing of good cause.
History.s. 1, ch. 71-135; s. 1, ch. 72-189; s. 1, ch. 73-310; s. 1, ch. 76-31; s. 1, ch. 77-146; s. 1, ch. 80-178; s. 4, ch. 88-91; s. 3, ch. 88-93; s. 95, ch. 99-248; s. 6, ch. 2010-80; s. 6, ch. 2016-239.
Note.Former s. 316.131.

F.S. 316.0745 on Google Scholar

F.S. 316.0745 on Casetext

Amendments to 316.0745


Arrestable Offenses / Crimes under Fla. Stat. 316.0745
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.0745.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SPRUCE CREEK DEVELOPMENT CO. OF OCALA, INC. v. DREW, 746 So. 2d 1109 (Fla. Dist. Ct. App. 1999)

. . . shall conform to the department’s uniform system of traffic control devices as adopted pursuant to s. 316.0745 . . . Section 316.0745, Florida Statutes (1989), entitled “Uniform Signals and Devices,” provided in pertinent . . .

CITY OF SARASOTA, a v. E. WINDOM A., 736 So. 2d 741 (Fla. Dist. Ct. App. 1999)

. . . In section 316.0745(1), Florida Statutes (1995), the legislature granted the Department of Transportation . . . Section 316.0745(3) requires that all traffic control signals or devices installed by a public body, . . . See § 316.0745(7). This authority extends to an improper device “wherever located.” Id. . . . Further, the enforcement power for section 316.0745 is vested in the Department of Transportation. . . . As to this contention, we have held that section 316.0745 does not create a privately enforceable duty . . .

SMITH v. CSX TRANSPORTATION, INC. a, 805 F. Supp. 37 (M.D. Fla. 1992)

. . . conform with the requirements of the uniform system of traffic control devices adopted pursuant to s. 316.0745 . . .

STATE OF FLORIDA v. PHENEY, 21 Fla. Supp. 2d 75 (Pinellas Cty. Ct. 1986)

. . . F.S. 316.0745(3), [F.S. 1985], provides, in part that: “All official traffic control signals and official . . .

DEPARTMENT OF TRANSPORTATION, v. M. NEILSON, HILLSBOROUGH COUNTY, v. M. NEILSON, CITY OF TAMPA, v. M. NEILSON,, 419 So. 2d 1071 (Fla. 1982)

. . . standards and criteria in accordance with the provisions of sections 335.075 and 316.131 (renumbered 316.0745 . . . maintenance of public roads and highways established pursuant to sections 335.075 and 316.131 (renumbered 316.0745 . . .