316.1945 Stopping, standing, or parking prohibited in specified places.—
(1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:
(a) Stop, stand, or park a vehicle:
1. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
2. On a sidewalk.
3. Within an intersection.
4. On a crosswalk.
5. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the Department of Transportation indicates a different length by signs or markings.
6. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic.
7. Upon any bridge or other elevated structure upon a highway or within a highway tunnel.
8. On any railroad tracks.
9. On a bicycle path.
10. At any place where official traffic control devices prohibit stopping.
11. On the roadway or shoulder of a limited access facility, except as provided by regulation of the Department of Transportation, or on the paved portion of a connecting ramp; except that a vehicle which is disabled or in a condition improper to be driven as a result of mechanical failure or crash may be parked on such shoulder for a period not to exceed 6 hours. This provision is not applicable to a person stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle in obedience to the directions of a law enforcement officer or to a person stopping a vehicle in compliance with applicable traffic laws.
12. For the purpose of loading or unloading a passenger on the paved roadway or shoulder of a limited access facility or on the paved portion of any connecting ramp. This provision is not applicable to a person stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle.
(b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
1. In front of a public or private driveway.
2. Within 15 feet of a fire hydrant.
3. Within 20 feet of a crosswalk at an intersection.
4. Within 30 feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway.
5. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance (when property signposted).
6. On an exclusive bicycle lane.
7. At any place where official traffic control devices prohibit standing.
(c) Park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers:
1. Within 50 feet of the nearest rail of a railroad crossing unless the Department of Transportation establishes a different distance due to unusual circumstances.
2. At any place where official signs prohibit parking.
(2) No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as is unlawful.
(3) A law enforcement officer or parking enforcement specialist who discovers a vehicle parked in violation of this section or a municipal or county ordinance may:
(a) Issue a ticket form as may be used by a political subdivision or municipality to the driver; or
(b) If the vehicle is unattended, attach such ticket to the vehicle in a conspicuous place, except that the uniform traffic citation prepared by the department pursuant to s. 316.650 may not be issued by being attached to an unattended vehicle.
The uniform traffic citation prepared by the department pursuant to s. 316.650 may not be issued for violation of a municipal or county parking ordinance.
(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
Cited 2 times | Published | Court of Appeals for the Eleventh Circuit
...roadways of sufficient width, a
vehicle shall be driven upon the right half of the roadway.” There are exceptions which are not
applicable here. See Fla. Stat. § 316.081(1). Jones’s conduct violated other traffic statutes,
including Fla. Stat. § 316.1945(1)(a)(1), which prohibits “stop[ping], stand[ing], or park[ing] a
vehicle ....
...sic] to the school and pick up his wife.” (Id. ¶ 68). After observing Abella’s driving, Officer Rivera approached Abella’s car. (See id. ¶ 69 ). Officer Rivera then issued Abella a parking citation for parking in violation of Florida statute section 316.1945(l)(a)(10)....
...When he arrived back at the school, Plaintiff noticed Officer Rivera. (See id. ¶ 69). Officer Rivera told Plaintiff to pull over because he was going to issue a citation. (See id. ¶ 70). Officer Rivera then issued plaintiff a citation for violating Florida Statute section 316.1945(l)(a)(10). (See id. ¶ 71). Plaintiff challenged the ticket and was successful in defeating it. 11 (See id. ¶¶ 74-82). *1340 Florida ■ Statute section 316.1945(l)(a)(10) prohibits stopping, standing, or parking “[a]t any place where official traffic control devices prohibit stopping.” Fla. Stat. § 316.1945 (1)(a)(10)....
...To distinguish between the counts, the Court adds a parenthetical containing the relevant Officer’s initial, as follows: Count V(V) = Officer Vails; Count V(R) = Officer Rivera; Count VII(S) = Officer Salazar; Count VII(B) = Officer Baez. . Florida Statute section 316.1945(1)(a)(10) prohibits stopping, standing or parking a vehicle "at any place where official traffic control devices prohibit stopping.” Fla. Stat. § 316.1945 (1)(a)(10)....
...Further, the term “traffic violation” encompasses non-criminal, non-moving violations. K.S. v. State, 85 So.3d 566, 570 (Fla. 4th DCA 2012) (stating officer was permitted to issue traffic violation for inoperable tag light). In the present case, the deputy had probable cause to conduct a traffic stop under section 316.1945(l)(c)2., Florida Statutes (2011), which states that no person shall “[p]ark a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers”...
...cle parked in violation of this section may either “[i]ssue a ticket form as may be used by a political subdivision or municipality to the driver” or “[i]f the vehicle is unattended, attach such ticket to the vehicle in a conspicuous place.” § 316.1945(3), Fla. Stat. (2011). “A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation”; thus, the alleged violator “must be cited for such an infraction and cited to appear before an official.” §§ 316.1945(4), 318.14(1), Fla....
...r a driveway and begin walking towards a house, and thus “the officers could have briefly detained [the driver] to issue him a ticket for the parking violation”). In this case, the deputy was permitted to issue a ticket “to the driver” under section 316.1945(3), Florida Statutes (2011)....
...anting appellee’s motion to suppress and remand for further proceedings. 4 Reversed and remanded. WARNER and CIKLIN, JJ., concur. . The deputy testified at the hearing that he wanted appellee "[n]ot to park there, [to] park properly.” . Further, section 316.1945(l)(a)10., Florida Statutes (2011), provides: (1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: (a) Stop, stand, or park a vehicle: [[Image here]] 10....
...Within 30 feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway. ****** (4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. *1343 Fla. Stat. § 316.1945 ....
...n offense had been or was being committed. Regardless of whether probable cause existed to arrest Jeanty for the stated offense of driving with an expired registration, probable cause did exist to arrest Jeanty for parking in a crosswalk, Fla. Stat. § 316.1945 (l)(a)4, parking within twenty feet of a crosswalk at an intersection, id. § 316.1945(l)(b)3, or parking within thirty feet of a stop sign, id. § 316.1945(i )(b)4....
...4; Lee, 284 F.3d at 1196 ; see also Devenpeck, 543 U.S. at 153 , 125 S.Ct. 588 . Here, at the time he arrested Jeanty, Antunez was aware of all material information — namely, the location and position of Jeanty’s parked car — to support an arrest under Fla. Stat. §§ 316.1945 (l)(a)4, 316.1945(l)(b)3, or 316.1945(l)(b)4....
..., 2021, when plaintiff Roy
Otero was injured after he lost control of his vehicle, which spun and collided
with the rental car.
Alleging that the rental car had been parked and then abandoned on
the shoulder of the causeway in violation of section 316.1945(1)(a)(11) of the
Florida Statutes (2021), Otero filed the instant, personal injury action in the
Miami-Dade County circuit court against Hertz, AAA, ACG, and the towing
company, raising various claims sounding in negligence.3 As t...
Published | Court of Appeals for the Eleventh Circuit
...es the Constitutional right at issue.”
(quotation marks omitted)). We don’t think so. Subject to exceptions not relevant
here, Florida law prohibits individuals from parking on the side of a “limited
access facility” like I-95, Fla. Stat. § 316.1945(1)(a)(11), or walking on the same,
Mansky, 138 S....
...Fourth Amendment analysis.” Whren v. United States, 517 U.S. 806, 813 (1996).
As to Crocker’s Fourth Amendment claim, the district court held that Beatty
was shielded by qualified immunity because he had probable cause to arrest
Crocker for violating Florida Statute § 316.1945(1)(a)(11)....
...se to
arrest Crocker. Even under Crocker’s own version of the arrest, “the facts and
circumstances within [Beatty’s] knowledge” could have “cause[d] a prudent person
to believe,” Williamson, 65 F.3d at 158, that Crocker was violating
§ 316.1945(1)(a)(11)....
...1999).
No matter how strictly we construe it, though, the presence-of-the-officer
requirement was met here. Again, the relevant rule of Florida law is that “no
person shall . . . [s]top, stand, or park a vehicle” on the “shoulder of a limited
access facility.” Fla. Stat. § 316.1945(1)(a)(11)....
...This appeal asks us to
decide whether the District Court properly entered summary judgment in favor of
Deputy Beatty on these claims.
I agree with the majority that Deputy Beatty had probable cause to arrest Mr.
Crocker for violating Florida Statute § 316.1945(1)(a)(11)....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.
