Florida Statutes

Fla. Stat. § 316.007 (2025)

Provisions uniform throughout state.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 8 cases, 2003–2018 · leading case: Richard Masone v. City of Aventura, 147 So. 3d 492 (Fla. 2014).

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Richard Masone v. City of Aventura, 147 So. 3d 492 (Fla. 2014). · cites it 15× “The ordinances consequently can be sustained as a valid exercise of municipal authority only if they are—as the express preemption provision of section 316.”

City of Aventura v. Masone, 89 So. 3d 233 (Fla. 3d DCA 2011). · cites it 19× “§ 316.007, Fla. Stat. (2008). Notably, however, the Uniform Traffic Control Law also expressly recognizes the power of municipalities to pass traffic ordinances for the regulation of municipal traffic in their respective jurisdictions.”

City of Hollywood, a political subdivision of the State of Florida v. Eric Arem, 154 So. 3d 359 (Fla. 4th DCA 2014). · cites it 5× “” § 316.007, Fla. Stat. (2013) (italics supplied).”

City of Orlando v. Udowychenko, 98 So. 3d 589 (Fla. 5th DCA 2012). · cites it 6× “The Third District Court further stated: Here, the Ordinance is consistent, and does not conflict, with any provision found within the Uniform Traffic Control Law as mandated by section 316.007, Florida Statutes. Local authorities are explicitly granted the right to enact laws…”

Bischoff v. Florida, 242 F. Supp. 2d 1226 (M.D. Fla. 2003). · cites it 2× “002 (purpose); accord, Fla. Stat. § 316.007 (the “provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein .”

D'Agastino v. City of Miami, 220 So. 3d 410 (Ala. 2017). “2014) (express preemption found in language “no local authority shall énact or enforce any ordinance on a matter covered by this chapter unless expressly authorized” ' (quoting § 316.007, Fla. Stat. (2008))); see also § 166.”

Classy Cycles, Inc. v. Bay Cnty., 201 So. 3d 779 (Fla. 1st DCA 2016). · cites it 4× “3d at 496 -97 (citing § 316.007, Fla. Stat.). We hold that the local governments’ requirements to wear a vest is a matter covered by chapter 316 and is expressly preempted.”

Luis Torres Jimenez v. State of Florida, etc., 246 So. 3d 219 (2018). · cites it 3× “2014) (quoting § 316.007, Fla. Stat. (2008)). The Mark Wandall Traffic Safety Act In 2010, the Legislature enacted the Mark Wandall Traffic Safety Act (“the Wandall Act”), which authorizes local governments “to use traffic infraction detectors under certain circumstances.”

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