Florida Statute 316.8 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.008

316.008 Powers of local authorities.—

(1) The provisions of this chapter shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from:

(a) Regulating or prohibiting stopping, standing, or parking.

(b) Regulating traffic by means of police officers or official traffic control devices.

(c) Regulating or prohibiting processions or assemblages on the streets or highways, including all state or federal highways lying within their boundaries.

(d) Designating particular highways or roadways for use by traffic moving in one direction.

(e) Establishing speed limits for vehicles in public parks.

(f) Designating any street as a through street or designating any intersection as a stop or yield intersection.

(g) Restricting the use of streets.

(h) Regulating the operation of bicycles.

(i) Regulating or prohibiting the turning of vehicles or specified types of vehicles.

(j) Altering or establishing speed limits within the provisions of this chapter.

(k) Requiring written crash reports.

(l) Designating no-passing zones.

(m) Prohibiting or regulating the use of controlled access roadways by any class or kind of traffic.

(n) Prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic.

(o) Designating hazardous railroad grade crossings in conformity to criteria promulgated by the Department of Transportation.

(p) Designating and regulating traffic on play streets.

(q) Prohibiting pedestrians from crossing a roadway in a business district or any designated highway except on a crosswalk.

(r) Regulating pedestrian crossings at unmarked crosswalks.

(s) Regulating persons upon skates, coasters, and other toy vehicles.

(t) Adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions.

(u) Enacting ordinances or erecting signs in the rights-of-way to control, regulate, or prohibit hitchhiking on streets or highways, including all state or federal highways lying within their boundaries.

(v) Regulating, restricting, or prohibiting traffic within the boundary of any airport owned by the state, a county, a municipality, or a political subdivision and enforcing violations under the provisions of this chapter and chapter 318.

(w) Regulating, restricting, or monitoring traffic by security devices or personnel on public streets and highways, whether by public or private parties and providing for the construction and maintenance of such streets and highways.

(2) The municipality, through its duly authorized officers, shall have nonexclusive jurisdiction over the prosecution, trial, adjudication, and punishment of violations of this chapter when a violation occurs within the municipality and the person so charged is charged by a municipal police officer. The disposition of such matters in the municipality shall be in accordance with the charter of that municipality. This subsection does not limit those counties which have the charter power to provide and regulate arterial, toll, and other roads, bridges, tunnels, and related facilities from the proper exercise of those powers pertaining to the consolidation and unification of a traffic court system within such counties.

(3) No local authority shall erect or maintain any official traffic control device at any location so as to regulate the traffic on any state road unless approval in writing has first been obtained from the Department of Transportation.

(4) A county or municipality may enact an ordinance providing a fine for the violation of s. 316.1955 in excess of the fine specified by s. 318.18(6), except that such a fine may not exceed $250. Any such ordinance may provide for the deposit of such fines in a separate county or municipal account to be used in the following manner:

(a) One-third to be used to defray expenses for the administration of this subsection.

(b) Two-thirds to be used to provide funds to improve accessibility and equal opportunity to qualified persons who have disabilities in the county or municipality and to provide funds to conduct public awareness programs in the county or municipality concerning persons who have disabilities.

(5)(a) A county or municipality may enact an ordinance providing a fine for the violation of s. 316.1945(1)(b)2. or 5. in excess of the fine specified by s. 318.18(2), except that such fine may not exceed the fine specified in s. 318.18(2) by more than $3. However, such ordinance shall provide that the fines collected pursuant to this subsection in excess of the fines which would be collected pursuant to s. 318.18(2) for such violations shall be used by the county or municipality for the purpose of funding a firefighter education program. The amount of the fines collected pursuant to this subsection in excess of the fines which would be collected pursuant to s. 318.18(2) for such violations shall be reported on a monthly basis by the clerk of the court to the appropriate county or municipality.

(b) A county or municipality may enact an ordinance which dedicates a portion of any fine collected for a violation of such ordinance for the purpose of funding a firefighter education program, if such ordinance is limited to the regulation of parking within a firesafety zone.

(6) A county or municipality may enact an ordinance providing for the establishment of a “combat automobile theft” program, and may charge a fee for the administration of the program and the cost of the decal. Such a program shall include:

(a) Consent forms for motor vehicle owners who wish to enroll their vehicles.

(b) Decals indicating a vehicle’s enrollment in the “combat automobile theft” program. The Department of Law Enforcement shall approve the color, design, and other specifications of the program decal.

(c) A consent form signed by a motor vehicle owner provides authorization for a law enforcement officer to stop the vehicle when it is being driven between the hours of 1 a.m. and 5 a.m., provided that a decal is conspicuously affixed to the bottom left corner of the back window of the vehicle to provide notice of its enrollment in the “combat automobile theft” program. The owner of the motor vehicle is responsible for removing the decal when terminating participation in the program, or when selling or otherwise transferring ownership of the vehicle. No civil liabilities will arise from the actions of a law enforcement officer when stopping a vehicle with a yellow decal evidencing enrollment in the program when the driver is not enrolled in the program provided that the stop is made in accordance with the requirements of the “combat automobile theft” program.

(7)(a) A county or municipality may enact an ordinance to permit, control, or regulate the operation of vehicles, golf carts, mopeds, motorized scooters, electric bicycles, and electric personal assistive mobility devices on sidewalks or sidewalk areas when such use is permissible under federal law. The ordinance must restrict such vehicles or devices to a maximum speed of 15 miles per hour in such areas.

(b)1. Except as provided in subparagraph 2., a personal delivery device and a mobile carrier may be operated on sidewalks and crosswalks within a county or municipality when such use is permissible under federal law. This paragraph does not restrict a county or municipality from otherwise adopting regulations for the safe operation of personal delivery devices and mobile carriers.

2. A personal delivery device may not be operated on the Florida Shared-Use Nonmotorized Trail Network created under s. 339.81 or components of the Florida Greenways and Trails System created under chapter 260.

(8)(a) A county or municipality may use traffic infraction detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop at a traffic signal on streets and highways under its jurisdiction under s. 316.0083. Only a municipality may install or authorize the installation of any such detectors within the incorporated area of the municipality. Only a county may install or authorize the installation of any such detectors within the unincorporated area of the county.

(b) Pursuant to paragraph (a), a municipality may install or, by contract or interlocal agreement, authorize the installation of any such detectors only within the incorporated area of the municipality, and a county may install or, by contract or interlocal agreement, authorize the installation of any such detectors only within the unincorporated area of the county. A county may authorize installation of any such detectors by interlocal agreement on roads under its jurisdiction.

(c) Pursuant to s. 316.0083, a county or municipality may use traffic infraction detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop at a traffic signal on state roads under the original jurisdiction of the Department of Transportation when permitted by the Department of Transportation.

(9)(a) A county or municipality may enforce the applicable speed limit on a roadway properly maintained as a school zone pursuant to s. 316.1895:

1. Within 30 minutes before through 30 minutes after the start of a regularly scheduled breakfast program;

2. Within 30 minutes before through 30 minutes after the start of a regularly scheduled school session;

3. During the entirety of a regularly scheduled school session; and

4. Within 30 minutes before through 30 minutes after the end of a regularly scheduled school session

through the use of a speed detection system for the detection of speed and capturing of photographs or videos for violations in excess of 10 miles per hour over the speed limit in force at the time of the violation. A school zone’s compliance with s. 316.1895 creates a rebuttable presumption that the school zone is properly maintained.

(b) A county or municipality may place or install, or contract with a vendor to place or install, a speed detection system within a roadway maintained as a school zone as provided in s. 316.1895 to enforce unlawful speed violations, as specified in s. 316.1895(10) or s. 316.183, on that roadway.

(c) A county or municipality must enact an ordinance in order to authorize the placement or installation of a speed detection system on a roadway maintained as a school zone as authorized by this subsection. As part of the public hearing on such proposed ordinance, the county or municipality must consider traffic data or other evidence supporting the installation and operation of each proposed school zone speed detection system, and the county or municipality must determine that the school zone where a speed detection system is to be placed or installed constitutes a heightened safety risk that warrants additional enforcement measures pursuant to this subsection.

History.—s. 1, ch. 71-135; s. 3, ch. 71-982; s. 1, ch. 76-72; s. 2, ch. 83-164; s. 1, ch. 84-234; s. 1, ch. 85-227; s. 1, ch. 85-325; s. 3, ch. 86-154; s. 1, ch. 89-34; s. 25, ch. 90-330; s. 1, ch. 93-30; s. 33, ch. 94-306; s. 1, ch. 96-200; s. 4, ch. 96-350; s. 81, ch. 99-248; s. 4, ch. 2010-80; s. 1, ch. 2010-163; s. 44, ch. 2010-223; s. 16, ch. 2011-4; s. 2, ch. 2017-150; s. 2, ch. 2018-130; s. 3, ch. 2020-69; s. 2, ch. 2023-174.

F.S. 316.008 on Google Scholar

F.S. 316.008 on CourtListener

Amendments to 316.008

Annotations, Discussions, Cases:

Cases Citing Statute 316.008

Total Results: 43

Thomas v. State

614 So. 2d 468, 1993 WL 1330

Supreme Court of Florida | Filed: Jan 7, 1993 | Docket: 449340

Cited 51 times | Published

notes that municipalities are authorized in section 316.008 to enact supplemental measures to "control

Thomas v. State

583 So. 2d 336, 1991 WL 41004

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 1284058

Cited 13 times | Published

of traffic outside of such municipalities. Section 316.008 enumerates the area within which municipalities

Ralph v. City of Daytona Beach

412 So. 2d 875

District Court of Appeal of Florida | Filed: Mar 10, 1982 | Docket: 528428

Cited 6 times | Published

and/or concessions conducted upon said beach. [4] § 316.008, Fla. Stat. (1979). [5] Town of Atlantic Beach

Covington v. State

728 So. 2d 1195, 1999 WL 123520

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 1673867

Cited 4 times | Published

compliance with the direction of a police officer. Section 316.008(1)(a), Florida Statutes (1997), allows local

State v. Smith

584 So. 2d 145, 1991 WL 150412

District Court of Appeal of Florida | Filed: Aug 9, 1991 | Docket: 466692

Cited 4 times | Published

state has expressly declared to be noncriminal. § 316.008, Fla. Stat. (1989). Interpreting section 316.1936

Richard Masone v. City of Aventura

147 So. 3d 492, 2014 WL 2609201

Supreme Court of Florida | Filed: Jun 12, 2014 | Docket: 58812

Cited 1 times | Published

expressly granted to municipal governments through section 316.008, Florida Statutes (2008), entitled “Powers

City of Orlando v. Udowychenko

98 So. 3d 589, 2012 WL 2600293, 2012 Fla. App. LEXIS 10875

District Court of Appeal of Florida | Filed: Jul 6, 2012 | Docket: 60312480

Cited 1 times | Published

traffic laws to apply throughout the state.... Section 316.008 enumerates the area within which municipalities

City of Aventura v. Masone

89 So. 3d 233, 2011 WL 5964359, 2011 Fla. App. LEXIS 19039

District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 60308732

Cited 1 times | Published

Enumerating certain “powers of local authorities,” section 316.008, Florida Statutes, specifies that: (1) The

Avalon Carriage Service Inc. v. City of St. Augustine

417 F. Supp. 2d 1279, 2006 U.S. Dist. LEXIS 6975, 2006 WL 449250

District Court, M.D. Florida | Filed: Feb 23, 2006 | Docket: 2330496

Cited 1 times | Published

the city derives authority from Florida Statute § 316.008, which provides legislatively-granted power to

Luis Torres Jimenez v. State of Florida, etc.

246 So. 3d 219

Supreme Court of Florida | Filed: May 3, 2018 | Docket: 6384572

Published

state." Express preemption notwithstanding, section 316.008, Florida Statutes (2014), states that "[t]he

City of Oldsmar v. Trinh

210 So. 3d 191, 2016 Fla. App. LEXIS 16012

District Court of Appeal of Florida | Filed: Oct 28, 2016 | Docket: 4483499

Published

chapters 316 and 318,” were not authorized under section 316.008(l)(w), Florida Statutes (2008), and were expressly

Classy Cycles, Inc. v. Bay County

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

District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 60257072

Published

of traffic outside of such municipalities. Section 316.008 enumerates the area within which municipalities

City of Hollywood, a political subdivision of the State of Florida v. Eric Arem

154 So. 3d 359, 2014 Fla. App. LEXIS 16790, 2014 WL 5149159

District Court of Appeal of Florida | Filed: Oct 15, 2014 | Docket: 1447720

Published

See Ch. 2013-160, § 5, Laws of Fla.; § 316.008(8)(a), Fla. Stat. (2011). The Act specifically