The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.1945

316.1945 Stopping, standing, or parking prohibited in specified places.—

(1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:

(a) Stop, stand, or park a vehicle:

1. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

2. On a sidewalk.

3. Within an intersection.

4. On a crosswalk.

5. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the Department of Transportation indicates a different length by signs or markings.

6. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic.

7. Upon any bridge or other elevated structure upon a highway or within a highway tunnel.

8. On any railroad tracks.

9. On a bicycle path.

10. At any place where official traffic control devices prohibit stopping.

11. On the roadway or shoulder of a limited access facility, except as provided by regulation of the Department of Transportation, or on the paved portion of a connecting ramp; except that a vehicle which is disabled or in a condition improper to be driven as a result of mechanical failure or crash may be parked on such shoulder for a period not to exceed 6 hours. This provision is not applicable to a person stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle in obedience to the directions of a law enforcement officer or to a person stopping a vehicle in compliance with applicable traffic laws.

12. For the purpose of loading or unloading a passenger on the paved roadway or shoulder of a limited access facility or on the paved portion of any connecting ramp. This provision is not applicable to a person stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle.

(b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

1. In front of a public or private driveway.

2. Within 15 feet of a fire hydrant.

3. Within 20 feet of a crosswalk at an intersection.

4. Within 30 feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway.

5. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance (when property signposted).

6. On an exclusive bicycle lane.

7. At any place where official traffic control devices prohibit standing.

(c) Park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers:

1. Within 50 feet of the nearest rail of a railroad crossing unless the Department of Transportation establishes a different distance due to unusual circumstances.

2. At any place where official signs prohibit parking.

(2) No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as is unlawful.

(3) A law enforcement officer or parking enforcement specialist who discovers a vehicle parked in violation of this section or a municipal or county ordinance may:

(a) Issue a ticket form as may be used by a political subdivision or municipality to the driver; or

(b) If the vehicle is unattended, attach such ticket to the vehicle in a conspicuous place, except that the uniform traffic citation prepared by the department pursuant to s. 316.650 may not be issued by being attached to an unattended vehicle.

The uniform traffic citation prepared by the department pursuant to s. 316.650 may not be issued for violation of a municipal or county parking ordinance.

(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 2, ch. 78-52; s. 1, ch. 79-403; s. 2, ch. 80-316; s. 5, ch. 83-68; s. 5, ch. 84-309; s. 1, ch. 85-81; s. 2, ch. 88-91; s. 317, ch. 95-148; s. 143, ch. 99-248.

Note.—Former s. 316.160.

F.S. 316.1945 on Google Scholar

F.S. 316.1945 on Casetext

Amendments to 316.1945

Arrestable Offenses / Crimes under Fla. Stat. 316.1945

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.1945.

Civil Citations / Citable Offenses under S316.1945

R or S next to points is Mandatory Revocation or Suspension

S316.1945 Improper stopping/standing/parking (double) - bridge, tunnel, crosswalk, intersection, railroad tracks, bicycle path - where sign prohibits, etc. - Points on Drivers License: 0

S316.1945 (1) Improper stopping/standing/parking (double) - bridge, tunnel, crosswalk, intersection, railroad tracks, bicycle path - where sign prohibits, etc. - Points on Drivers License: 0

S316.1945 (1)(a) Improper stopping/standing/parking (double) - bridge, tunnel, crosswalk, intersection, railroad tracks, bicycle path - where sign prohibits, etc. - Points on Drivers License: 0

S316.1945 (1)(a)1 Double parked - Points on Drivers License: 0

S316.1945 (1)(a)2 Improper stop on sidewalk - Points on Drivers License: 0

S316.1945 (1)(a)3 Improper stop within intersection - Points on Drivers License: 0

S316.1945 (1)(a)4 Improper stop on crosswalk - Points on Drivers License: 0

S316.1945 (1)(a)5 Improper park safety zone/curb - Points on Drivers License: 0

S316.1945 (1)(a)6 Obstruct by stopping/standing/parking alongside excavation - Points on Drivers License: 0

S316.1945 (1)(a)7 Improper stop bridge/tunnel/elevation - Points on Drivers License: 0

S316.1945 (1)(a)8 Improper stop on R/R track - Points on Drivers License: 0

S316.1945 (1)(a)9 Improper stop on bike path - Points on Drivers License: 0

S316.1945 (1)(a)10 Park where prohibited by traffic device - Points on Drivers License: 0

S316.1945 (1)(a)11 Improper stop Limited Access Facility - Points on Drivers License: 0

S316.1945 (1)(a)12 Improper stop load/unload passenger limited access facility - Points on Drivers License: 0

S316.1945 (1)(b)1 Stand/park prohibited driveway - Points on Drivers License: 0

S316.1945 (1)(b)2 Stand/park prohibited fire hydrant - Points on Drivers License: 0

S316.1945 (1)(b)3 Stand/park prohibited crosswalk at intersection - Points on Drivers License: 0

S316.1945 (1)(b)4 Stand/park prohibited stop/signal - Points on Drivers License: 0

S316.1945 (1)(b)5 Stand/park prohibited fire station driveway - Points on Drivers License: 0

S316.1945 (1)(b)6 Stand/park prohibited bike lane - Points on Drivers License: 0

S316.1945 (1)(b)7 Stand where traffic device prohibits - Points on Drivers License: 0

S316.1945 (1)(c)1 Park prohibited R/R Crossing - Points on Drivers License: 0

S316.1945 (1)(c)2 Parked in Signed No Park Zone - Points on Drivers License: 0

S316.1945 (2) Move vehicle to prohibited area - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. GIBBS,, 917 F.3d 1289 (11th Cir. 2019)

. . . . § 316.1945(1)(a)(1), which prohibits "stop[ping], stand[ing], or park[ing] a vehicle ... . . .

UNITED STATES v. L. BURROWS,, 566 F. App'x 889 (11th Cir. 2014)

. . . . § 316.1945(l)(a)(4). . . . Florida law also authorizes a law enforcement officer to arrest a person who has violated § 316.1945 . . . The plain language of § 316.1945 unambiguously proscribes stopping in a crosswalk, with exceptions not . . . traffic stop, involved statutes that contained express language referring to other conditions, unlike § 316.1945 . . . Section 316.1945 contains neither of the types of express conditions present in those cases. . . .

STATE v. AREVALO,, 112 So. 3d 529 (Fla. Dist. Ct. App. 2013)

. . . In the present case, the deputy had probable cause to conduct a traffic stop under section 316.1945(l . . . driver” or “[i]f the vehicle is unattended, attach such ticket to the vehicle in a conspicuous place.” § 316.1945 . . . alleged violator “must be cited for such an infraction and cited to appear before an official.” §§ 316.1945 . . . In this case, the deputy was permitted to issue a ticket “to the driver” under section 316.1945(3), Florida . . . Further, section 316.1945(l)(a)10., Florida Statutes (2011), provides: (1) Except when necessary to avoid . . .

JEANTY, v. CITY OF MIAMI, a a, 876 F. Supp. 2d 1334 (S.D. Fla. 2012)

. . . . § 316.1945. “A law enforcement officer may arrest a person without a warrant when ... . . . Stat. § 316.1945(l)(a)4, parking within twenty feet of a crosswalk at an intersection, id. § 316.1945 . . . (l)(b)3, or parking within thirty feet of a stop sign, id. § 316.1945(i )(b)4. . . . Stat. §§ 316.1945(l)(a)4, 316.1945(l)(b)3, or 316.1945(l)(b)4. . . .

ABELLA, v. SIMON,, 831 F. Supp. 2d 1316 (S.D. Fla. 2011)

. . . Officer Rivera then issued plaintiff a citation for violating Florida Statute section 316.1945(l)(a)( . . . Florida ■ Statute section 316.1945(l)(a)(10) prohibits stopping, standing, or parking “[a]t any place . . . Stat. § 316.1945(1)(a)(10). Plaintiff does not state any constitutional violation by these actions. . . . Florida Statute section 316.1945(1)(a)(10) prohibits stopping, standing or parking a vehicle "at any . . . Stat. § 316.1945(1)(a)(10). . . . .

C. Q. a v. STATE, 801 So. 2d 304 (Fla. Dist. Ct. App. 2001)

. . . . §§ 316.1945(4), 318.14, Fla. Stat. (2000). . See Maryland v. . . .

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

. . . That the last paragraph of F.S. 316.1945(3) provides as follows: The uniform traffic citation prepared . . . That the last paragraph of F.S. 316.1945(3) provides as follows: The uniform traffic citation prepared . . . S. 316.1945(3). . . .

P. TAYLOR, Jr. v. GUNTER TRUCKING CO. INC., 520 So. 2d 624 (Fla. Dist. Ct. App. 1988)

. . . See §§ 316.194 and 316.1945, Fla. Stat. (1985). . . . .

BIALEK, G. a a v. S. LENSEN, A., 421 So. 2d 654 (Fla. Dist. Ct. App. 1982)

. . . Lane Line, Inc., violated Sections 339.30, 316.1945, and 316.-301, Florida Statutes (1977), all of which . . .