Florida Statute 316.006 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.006

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:

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.

F.S. 316.006 on Google Scholar

F.S. 316.006 on Casetext

Amendments to 316.006

Arrestable Offenses / Crimes under Fla. Stat. 316.006

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.006.

Annotations, Discussions, Cases:

Cases Citing Statute 316.006

Total Results: 20

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-09.

Court: Supreme Court of Florida | Date Filed: 2019-01-04

Citation: 262 So. 3d 59

Snippet: written agreement entered into under Fla. Stat. 316.006(2)(b) or (3)(b), a county or municipality exercises

Classy Cycles, Inc. v. Bay County

Court: District Court of Appeal of Florida | Date Filed: 2016-09-28

Citation: 201 So. 3d 779, 2016 Fla. App. LEXIS 14507

Snippet: safety equipment beyond that required by chapter 316).6 *787 Insurance Requirements We also hold that

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-05

Court: Supreme Court of Florida | Date Filed: 2013-12-05

Citation: 131 So. 3d 755, 2013 WL 6305187

Snippet: whenever, by written agreement entered into under s. 316.006(2)(b) or (3)(b), a county or municipality exercises

In re Standard Jury Instructions in Criminal Cases-Rreport No. 2012-08

Court: Supreme Court of Florida | Date Filed: 2013-11-21

Citation: 131 So. 3d 692, 2013 WL 6124277

Snippet: written agreement entered into under Fla. Stat. 316.006(2)(b) or (3)(b), a county or municipality exercises

In re Standard Jury Instructions in Criminal Cases—Report No. 2011-03

Court: Supreme Court of Florida | Date Filed: 2012-05-17

Citation: 95 So. 3d 868, 37 Fla. L. Weekly Supp. 352, 2012 WL 2848895, 2012 Fla. LEXIS 961

Snippet: whenever, by written agreement entered into under s. 316.006(2)(b) or (3)(b), a county or municipality exercises

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Court: Florida Attorney General Reports | Date Filed: 2009-09-15

Snippet: controlled or owned by the district pursuant to section 316.006, Florida Statutes. Such authorization, however

Ago

Court: Florida Attorney General Reports | Date Filed: 2009-04-23

Snippet: agreement with the municipality pursuant to section 316.006(2), Florida Statutes? In sum: A municipal police

In Re Standard Jury Instructions in Criminal Cases—Report No. 2008-08

Court: Supreme Court of Florida | Date Filed: 2009-02-26

Citation: 6 So. 3d 574, 34 Fla. L. Weekly Supp. 232, 2009 Fla. LEXIS 313, 2009 WL 465938

Snippet: whenever, by written agreement entered into under s. 316.006(2)(b) or (3)(b), a county or municipality exercises

Hilton v. State

Court: Supreme Court of Florida | Date Filed: 2007-07-05

Citation: 961 So. 2d 284, 2007 WL 1932071

Snippet: failed to perform any act required under chapter 316. [6] In Leon, the United States Supreme Court held

State v. Cino

Court: District Court of Appeal of Florida | Date Filed: 2006-05-12

Citation: 931 So. 2d 164, 2006 Fla. App. LEXIS 7246, 2006 WL 1289521

Snippet: obvious that the protection provided by section 316.006(4) must be read as co-extensive with the constitutional