Florida Statutes
Fla. Stat. § 316.006 (2025)
Jurisdiction.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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:
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. 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.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1974–2024 · leading case: Bischoff v. Florida, 242 F. Supp. 2d 1226 (M.D. Fla. 2003).
Bischoff v. Florida, 242 F. Supp. 2d 1226 (M.D. Fla. 2003). “Fla. Stat. § 316.006 (1). Chartered municipalities have jurisdiction over all non-state roads in their boundaries, while counties have jurisdiction over all roads within their boundaries that do not fall under state or municipal jurisdiction.”
State v. Cino, 931 So. 2d 164 (Fla. 5th DCA 2006). “Similarly, we believe it is obvious that the protection provided by section 316.006(4) must be read as co-extensive with the constitutional privilege against self-incrimination.”
State v. Williams, 303 So. 2d 74 (Fla. 3d DCA 1974). “The appellee urges that § 316.006, Fla.Stat. 2 divests the municipality of any such power.”
In re Stand. Jury Instructions in Crim. Cases-Rreport No. 2012-08, 131 So. 3d 692 (Fla. 2013). “f the public for purposes of vehicular traffic; (b) the entire width between the boundary lines of any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited…”
Harrison v. Escambia Cnty. Sch. Bd., 419 So. 2d 640 (Fla. 1st DCA 1982). “Under Section 316.006(1), Florida Statutes (1977), the Department of Transportation has jurisdiction over and the authority to install traffic control devices and warnings on state roads.”
Adoptie v. S. Bell Tel. & Tel. Co., 426 So. 2d 1162 (Fla. 3d DCA 1983). “NESBITT, Judge (specially concurring): I write to make it clear that my concurrence is based on the fact that any negligence on the part of the appellees was not a proximate cause of appellant's injuries because the authorities charged with maintenance of the light, see §…”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-09., 262 So. 3d 59 (Fla. 2019). “f the public for purposes of vehicular traffic; (b) the entire width between the boundary lines of any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited…”
Alterman Transp. Lines, Inc. v. Dep't of Transp., 519 So. 2d 1005 (Fla. 1st DCA 1987). “Section 316.006, Florida Statutes, confers jurisdiction on the department to control traffic over all state roads throughout the state and to “place and maintain such traffic control devices .”
State v. Parsons, 549 So. 2d 761 (Fla. 3d DCA 1989). “In addition, the police department may be required by a municipality to enforce the traffic laws of this state on any private or limited access road or roads over which the municipality has jurisdiction pursuant to a written agreement entered into under § 316.006(2)(b). However,…”
City of Margate v. Wooten, 45 Fla. Supp. 2d 12 (Fla. Cir. Ct. 1990). “The City of Margate can not enforce a parking citation on private property absent an agreement between the City of Margate and the owner of the private property, as contained in F.S. 316.006(2)(b), and b. The City of Margate could only enforce a parking citation by utilizing the…”
Juarez v. Crews (M.D. Fla. 2024). “Similarly, we believe it is obvious that the protection provided by Section 316.006(4) must be read as co-extensive with the constitutional privilege against self-incrimination.”
State v. Fingar, 45 Fla. Supp. 2d 71 (Fla. Cir. Ct. 1991). “Section 316.006, Florida Statutes, including its remedial 1987 amendment, limits juris *72 diction of county police over private property in their enforcement of laws controlling traffic to situations when the property owner consents.”
— 316.006(1) — 1 case
Harrison v. Escambia Cnty. Sch. Bd., 419 So. 2d 640 (Fla. 1st DCA 1982). “Under Section 316.006(1), Florida Statutes (1977), the Department of Transportation has jurisdiction over and the authority to install traffic control devices and warnings on state roads.”
— 316.006(2)(b) — 5 cases
In re Stand. Jury Instructions in Crim. Cases-Rreport No. 2012-08, 131 So. 3d 692 (Fla. 2013). “f the public for purposes of vehicular traffic; (b) the entire width between the boundary lines of any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited…”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-09., 262 So. 3d 59 (Fla. 2019). “f the public for purposes of vehicular traffic; (b) the entire width between the boundary lines of any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited…”
State v. Parsons, 549 So. 2d 761 (Fla. 3d DCA 1989). “In addition, the police department may be required by a municipality to enforce the traffic laws of this state on any private or limited access road or roads over which the municipality has jurisdiction pursuant to a written agreement entered into under § 316.006(2)(b). However,…”
City of Margate v. Wooten, 45 Fla. Supp. 2d 12 (Fla. Cir. Ct. 1990). “The City of Margate can not enforce a parking citation on private property absent an agreement between the City of Margate and the owner of the private property, as contained in F.S. 316.006(2)(b), and b. The City of Margate could only enforce a parking citation by utilizing the…”
City of Margate v. Walbridge, 43 Fla. Supp. 2d 70 (Fla. Cir. Ct. 1990).
— 316.006(3)(b) — 2 cases
State v. Parsons, 549 So. 2d 761 (Fla. 3d DCA 1989). “In addition, the police department may be required by a municipality to enforce the traffic laws of this state on any private or limited access road or roads over which the municipality has jurisdiction pursuant to a written agreement entered into under § 316.006(2)(b). However,…”
State v. Fingar, 45 Fla. Supp. 2d 71 (Fla. Cir. Ct. 1991). “Section 316.006, Florida Statutes, including its remedial 1987 amendment, limits juris *72 diction of county police over private property in their enforcement of laws controlling traffic to situations when the property owner consents.”
— 316.006(4) — 2 cases
State v. Cino, 931 So. 2d 164 (Fla. 5th DCA 2006). “Similarly, we believe it is obvious that the protection provided by section 316.006(4) must be read as co-extensive with the constitutional privilege against self-incrimination.”
Juarez v. Crews (M.D. Fla. 2024). “Similarly, we believe it is obvious that the protection provided by Section 316.006(4) must be read as co-extensive with the constitutional privilege against self-incrimination.”
— 316.006(b)(2) — 1 case
City of Margate v. Wooten, 45 Fla. Supp. 2d 12 (Fla. Cir. Ct. 1990). “The City of Margate can not enforce a parking citation on private property absent an agreement between the City of Margate and the owner of the private property, as contained in F.S. 316.006(2)(b), and b. The City of Margate could only enforce a parking citation by utilizing the…”
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