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.
Richard Masone v. City of Aventura, 147 So. 3d 492 (Fla. 2014). · cites it 15דThe 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 19ד§ 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 v. Eric Arem, 154 So. 3d 359 (Fla. 4th DCA 2014). · cites it 5ד” § 316.007, Fla. Stat. (2013) (italics supplied).”
City of Orlando v. Udowychenko, 98 So. 3d 589 (Fla. 5th DCA 2012). · cites it 6דThe 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 2ד002 (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 (Fla. 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 4ד3d 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, 246 So. 3d 219 (Fla. 2018). · cites it 3ד2014) (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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This Florida statute resource is curated by an Orange Park personal injury and workers' comp lawyer, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 316 matters in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.