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The 2025 Florida Statutes
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F.S. 316.640316.640 Enforcement.—The enforcement of the traffic laws of this state is vested as follows:(1) STATE.—(a)1.a. The Division of Florida Highway Patrol of the Department of Highway Safety and Motor Vehicles; the Division of Law Enforcement of the Fish and Wildlife Conservation Commission; the Division of Law Enforcement of the Department of Environmental Protection; and the agents, inspectors, and officers of the Department of Law Enforcement each have authority to enforce all of the traffic laws of this state on all the streets and highways thereof and elsewhere throughout the state wherever the public has a right to travel by motor vehicle. b. University police officers may enforce all of the traffic laws of this state when violations occur on or within 1,000 feet of any property or facilities that are under the guidance, supervision, regulation, or control of a state university, a direct-support organization of such state university, or any other organization controlled by the state university or a direct-support organization of the state university, or when such violations occur within a specified jurisdictional area as agreed upon in a mutual aid agreement entered into with a law enforcement agency pursuant to s. 23.1225(1). Traffic laws may also be enforced off-campus when hot pursuit originates on or within 1,000 feet of any such property or facilities, or as agreed upon in accordance with the mutual aid agreement. c. Florida College System institution police officers may enforce all the traffic laws of this state only when such violations occur on or within 1,000 feet of any property or facilities that are under the guidance, supervision, regulation, or control of the Florida College System institution, or when such violations occur within a specified jurisdictional area as agreed upon in a mutual aid agreement entered into with a law enforcement agency pursuant to s. 23.1225. Traffic laws may also be enforced off-campus when hot pursuit originates on or within 1,000 feet of any such property or facilities, or as agreed upon in accordance with the mutual aid agreement. d. Police officers employed by an airport authority may enforce all of the traffic laws of this state only when such violations occur on any property or facilities that are owned or operated by an airport authority.(I) An airport authority may employ as a parking enforcement specialist any individual who successfully completes a training program established and approved by the Criminal Justice Standards and Training Commission for parking enforcement specialists but who does not otherwise meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary or part-time officers under s. 943.12. This sub-sub-subparagraph may not be construed to permit the carrying of firearms or other weapons, nor shall such parking enforcement specialist have arrest authority. (II) A parking enforcement specialist employed by an airport authority may enforce all state, county, and municipal laws and ordinances governing parking only when such violations are on property or facilities owned or operated by the airport authority employing the specialist, by appropriate state, county, or municipal traffic citation. e. The Office of Agricultural Law Enforcement of the Department of Agriculture and Consumer Services may enforce traffic laws of this state. f. School safety officers may enforce all of the traffic laws of this state when such violations occur on or about any property or facilities that are under the guidance, supervision, regulation, or control of the district school board. 2. Any disciplinary action taken or performance evaluation conducted by an agency of the state as described in subparagraph 1. of a law enforcement officer’s traffic enforcement activity must be in accordance with written work-performance standards. Such standards must be approved by the agency and any collective bargaining unit representing such law enforcement officer. A violation of this subparagraph is not subject to the penalties provided in chapter 318. 3. The Division of the Florida Highway Patrol may employ as a traffic accident investigation officer any individual who successfully completes instruction in traffic accident investigation and court presentation through the Selective Traffic Enforcement Program as approved by the Criminal Justice Standards and Training Commission and funded through the National Highway Traffic Safety Administration or a similar program approved by the commission, but who does not necessarily meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary law enforcement officers under chapter 943. Any such traffic accident investigation officer who makes an investigation at the scene of a traffic accident may issue traffic citations, based upon personal investigation, when he or she has reasonable and probable grounds to believe that a person who was involved in the accident committed an offense under this chapter, chapter 319, chapter 320, or chapter 322 in connection with the accident. This subparagraph does not permit the officer to carry firearms or other weapons, and such an officer does not have authority to make arrests. (b)1. The Department of Transportation has authority to enforce on all the streets and highways of this state all laws applicable within its authority. 2.a. The Department of Transportation shall develop training and qualifications standards for toll enforcement officers whose sole authority is to enforce the payment of tolls pursuant to s. 316.1001. Nothing in this subparagraph shall be construed to permit the carrying of firearms or other weapons, nor shall a toll enforcement officer have arrest authority. b. For the purpose of enforcing s. 316.1001, governmental entities, as defined in s. 334.03, which own or operate a toll facility may employ independent contractors or designate employees as toll enforcement officers; however, any such toll enforcement officer must successfully meet the training and qualifications standards for toll enforcement officers established by the Department of Transportation. 3. For the purpose of enforcing s. 316.0083, the department may designate employees as traffic infraction enforcement officers. A traffic infraction enforcement officer must successfully complete instruction in traffic enforcement procedures and court presentation through the Selective Traffic Enforcement Program as approved by the Division of Criminal Justice Standards and Training of the Department of Law Enforcement, or through a similar program, but may not necessarily otherwise meet the uniform minimum standards established by the Criminal Justice Standards and Training Commission for law enforcement officers or auxiliary law enforcement officers under s. 943.13. This subparagraph does not authorize the carrying of firearms or other weapons by a traffic infraction enforcement officer and does not authorize a traffic infraction enforcement officer to make arrests. The department’s traffic infraction enforcement officers must be physically located in the state. (2) COUNTIES.—(a) The sheriff’s office of each of the several counties of this state shall enforce all of the traffic laws of this state on all the streets and highways thereof and elsewhere throughout the county wherever the public has the right to travel by motor vehicle. In addition, the sheriff’s office may be required by the county to enforce the traffic laws of this state on any private or limited access road or roads over which the county has jurisdiction pursuant to a written agreement entered into under s. 316.006(3)(b). (b) The sheriff’s office of each county may employ as a traffic crash investigation officer any individual who successfully completes instruction in traffic crash investigation and court presentation through the Selective Traffic Enforcement Program (STEP) as approved by the Criminal Justice Standards and Training Commission and funded through the National Highway Traffic Safety Administration (NHTSA) or a similar program approved by the commission, but who does not necessarily otherwise meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary law enforcement officers under chapter 943. Any such traffic crash investigation officer who makes an investigation at the scene of a traffic crash may issue traffic citations when, based upon personal investigation, he or she has reasonable and probable grounds to believe that a person who was involved in the crash has committed an offense under this chapter, chapter 319, chapter 320, or chapter 322 in connection with the crash. This paragraph does not permit the carrying of firearms or other weapons, nor do such officers have arrest authority. (c) The sheriff’s office of each of the several counties of this state may employ as a parking enforcement specialist any individual who successfully completes a training program established and approved by the Criminal Justice Standards and Training Commission for parking enforcement specialists, but who does not necessarily otherwise meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary or part-time officers under s. 943.12.1. A parking enforcement specialist employed by the sheriff’s office of each of the several counties of this state is authorized to enforce all state and county laws, ordinances, regulations, and official signs governing parking within the unincorporated areas of the county by appropriate state or county citation and may issue such citations for parking in violation of signs erected pursuant to s. 316.006(3) at parking areas located on property owned or leased by a county, whether or not such areas are within the boundaries of a chartered municipality. 2. A parking enforcement specialist employed pursuant to this subsection shall not carry firearms or other weapons or have arrest authority. (3) MUNICIPALITIES.—(a) The police department of each chartered municipality shall enforce the traffic laws of this state on all the streets and highways thereof and elsewhere throughout the municipality wherever the public has the right to travel by motor vehicle. In addition, the police department may be required by a municipality to enforce the traffic laws of this state on any private or limited access road or roads over which the municipality has jurisdiction pursuant to a written agreement entered into under s. 316.006(2)(b). However, nothing in this chapter shall affect any law, general, special, or otherwise, in effect on January 1, 1972, relating to “hot pursuit” without the boundaries of the municipality. (b) The police department of a chartered municipality may employ as a traffic crash investigation officer any individual who successfully completes instruction in traffic crash investigation and court presentation through the Selective Traffic Enforcement Program (STEP) as approved by the Criminal Justice Standards and Training Commission and funded through the National Highway Traffic Safety Administration (NHTSA) or a similar program approved by the commission, but who does not otherwise meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary law enforcement officers under chapter 943. Any such traffic crash investigation officer who makes an investigation at the scene of a traffic crash is authorized to issue traffic citations when, based upon personal investigation, he or she has reasonable and probable grounds to believe that a person involved in the crash has committed an offense under the provisions of this chapter, chapter 319, chapter 320, or chapter 322 in connection with the crash. This paragraph does not permit the carrying of firearms or other weapons, nor do such officers have arrest authority. (c)1. A chartered municipality or its authorized agency or instrumentality may employ as a parking enforcement specialist any individual who successfully completes a training program established and approved by the Criminal Justice Standards and Training Commission for parking enforcement specialists, but who does not otherwise meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary or part-time officers under s. 943.12. 2. A parking enforcement specialist employed by a chartered municipality or its authorized agency or instrumentality is authorized to enforce all state, county, and municipal laws and ordinances governing parking within the boundaries of the municipality employing the specialist, or, pursuant to a memorandum of understanding between the county and the municipality, within the boundaries of the county in which the chartered municipality or its authorized agency or instrumentality is located, by appropriate state, county, or municipal traffic citation. 3. A parking enforcement specialist employed pursuant to this subsection may not carry firearms or other weapons or have arrest authority. (4)(a) Any sheriff’s department, or any police department of a municipality, may employ as a traffic control officer any individual who successfully completes at least 8 hours of instruction in traffic control procedures through a program approved by the Division of Criminal Justice Standards and Training of the Department of Law Enforcement, or through a similar program offered by the local sheriff’s department or police department, but who does not necessarily otherwise meet the uniform minimum standards established by the Criminal Justice Standards and Training Commission for law enforcement officers or auxiliary law enforcement officers under s. 943.13. A traffic control officer employed pursuant to this subsection may direct traffic or operate a traffic control device only at a fixed location and only upon the direction of a fully qualified law enforcement officer; however, it is not necessary that the traffic control officer’s duties be performed under the immediate supervision of a fully qualified law enforcement officer. (b) In the case of a special event or activity in relation to which a nongovernmental entity is paying for traffic control on public streets, highways, or roads, traffic control officers may be employed to perform such traffic control responsibilities only when off-duty, full-time law enforcement officers, as defined in s. 943.10(1), are unavailable to perform those responsibilities. However, this paragraph may not be construed to limit the use of traffic infraction enforcement officers for traffic enforcement purposes. (c) This subsection does not permit the carrying of firearms or other weapons, nor do traffic control officers have arrest authority. (5)(a) Any sheriff’s department or police department of a municipality may employ, as a traffic infraction enforcement officer, any individual who successfully completes instruction in traffic enforcement procedures and court presentation through the Selective Traffic Enforcement Program as approved by the Division of Criminal Justice Standards and Training of the Department of Law Enforcement, or through a similar program, but who does not necessarily otherwise meet the uniform minimum standards established by the Criminal Justice Standards and Training Commission for law enforcement officers or auxiliary law enforcement officers under s. 943.13. Any such traffic infraction enforcement officer who observes the commission of a traffic infraction or, in the case of a parking infraction, who observes an illegally parked vehicle may issue a traffic citation for the infraction when, based upon personal investigation, he or she has reasonable and probable grounds to believe that an offense has been committed which constitutes a noncriminal traffic infraction as defined in s. 318.14. In addition, any such traffic infraction enforcement officer may issue a traffic citation under ss. 316.0083 and 316.1896. For purposes of enforcing ss. 316.0083, 316.1895, and 316.183, any sheriff’s department or police department of a municipality may designate employees as traffic infraction enforcement officers. The traffic infraction enforcement officers must be physically located in the county of the respective sheriff’s or police department. (b) The traffic infraction enforcement officer shall be employed in relationship to a selective traffic enforcement program at a fixed location or as part of a crash investigation team at the scene of a vehicle crash or in other types of traffic infraction enforcement under the direction of a fully qualified law enforcement officer; however, it is not necessary that the traffic infraction enforcement officer’s duties be performed under the immediate supervision of a fully qualified law enforcement officer. (c) This subsection does not permit the carrying of firearms or other weapons, nor do traffic infraction enforcement officers have arrest authority other than the authority to issue a traffic citation as provided in this subsection. (6) MOBILE HOME PARK RECREATION DISTRICTS.—Notwithstanding subsection (2) or subsection (3), the sheriff’s office of each of the several counties of this state and the police department of each chartered municipality have authority, but are not required, to enforce the traffic laws of this state on any way or place used for vehicular traffic on a controlled access basis within a mobile home park recreation district which has been created under s. 418.30 and the recreational facilities of which district are open to the general public. (7) CONSTRUCTION OF CHAPTER 87-88, LAWS OF FLORIDA.—For purposes of traffic control and enforcement, nothing in chapter 87-88, Laws of Florida, shall be construed to classify any road which has been dedicated or impliedly dedicated for public use, and which has been constructed and is open to the use of the public for vehicular traffic, as a private road or driveway. (8) TRAFFIC ENFORCEMENT AGENCY.—(a) Any agency or governmental entity designated in subsection (1), subsection (2), or subsection (3), including a university, a Florida College System institution, a school board, or an airport authority, is a traffic enforcement agency for purposes of this section and s. 316.650. (b) A traffic enforcement agency may not establish a traffic citation quota. History.—s. 1, ch. 71-135; ss. 1, 2, ch. 73-24; s. 1, ch. 76-31; s. 1, ch. 76-270; s. 3, ch. 79-246; s. 11, ch. 83-167; ss. 4, 5, ch. 87-88; s. 2, ch. 87-178; s. 7, ch. 87-270; s. 1, ch. 90-177; s. 1, ch. 92-18; s. 17, ch. 93-164; s. 4, ch. 93-404; s. 30, ch. 94-306; s. 1, ch. 94-334; s. 138, ch. 94-356; s. 1, ch. 95-141; s. 904, ch. 95-148; s. 3, ch. 96-276; s. 37, ch. 96-350; s. 87, ch. 99-245; ss. 6, 244, ch. 99-248; s. 109, ch. 2002-20; s. 11, ch. 2002-205; s. 46, ch. 2002-295; s. 26, ch. 2003-1; s. 18, ch. 2003-286; s. 6, ch. 2005-120; s. 2, ch. 2009-216; s. 9, ch. 2010-80; s. 15, ch. 2011-66; s. 13, ch. 2012-88; s. 44, ch. 2013-15; s. 2, ch. 2013-171; s. 1, ch. 2015-15; s. 11, ch. 2016-239; s. 10, ch. 2019-141; s. 10, ch. 2023-174. Note.—Former s. 316.016.
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Annotations, Discussions, Cases:
Cases Citing Statute 316.640
Total Results: 36
70 F.3d 1209
Court of Appeals for the Eleventh Circuit | Filed: Feb 27, 1996 | Docket: 1230210
Cited 15 times | Published
regulations. Fla.Stat.Ann. Sec. 30.53 (West 1988). Section 316.640 authorizes the sheriff to "enforce all of the
569 So. 2d 437, 1990 WL 165311
Supreme Court of Florida | Filed: Oct 25, 1990 | Docket: 1189825
Cited 13 times | Published
construction. First, the district court found that section 316.640, Florida Statutes (1987), contained a detailed
493 So. 2d 495, 11 Fla. L. Weekly 1737
District Court of Appeal of Florida | Filed: Aug 7, 1986 | Docket: 1671802
Cited 7 times | Published
various Florida Highway Patrol regulations. Section 316.640, Florida Statutes, imposes various duties upon
732 So. 2d 376, 1999 WL 104408
District Court of Appeal of Florida | Filed: Mar 3, 1999 | Docket: 1513358
Cited 4 times | Published
Pierre's vehicle for running a stop sign. See § 316.640, Fla. Stat. (1997). Also, Officer Montague did
577 So. 2d 971, 1991 WL 40056
District Court of Appeal of Florida | Filed: Mar 27, 1991 | Docket: 1294963
Cited 4 times | Published
parking enforcement specialist as defined in § 316.640, while the officer, firefighter, intake officer
70 F.3d 1209, 1995 WL 707460
Court of Appeals for the Eleventh Circuit | Filed: Dec 18, 1995 | Docket: 1118629
Cited 2 times | Published
regulations. Fla.Stat.Ann. § 30.53 (West 1988). Section 316.640 authorizes the sheriff to “enforce all of the
211 So. 3d 995
Supreme Court of Florida | Filed: Feb 23, 2017 | Docket: 4609133
Cited 1 times | Published
(insert relevant agency listed in § 316.640, Fla. Stat.).
§ 316.640, Fla. Stat.
A “traffic
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
City’s ordinance conflicts with state law.
Section 316.640(5)(a), Florida Statutes (2009), provides for
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
who disobey an official traffic device.... Section 316.640(5)(a), Florida Statutes, requires that citations
549 So. 2d 761, 1989 WL 114466
District Court of Appeal of Florida | Filed: Oct 3, 1989 | Docket: 1719813
Cited 1 times | Published
noncriminal traffic offenses. Florida Statutes, Section 316.640, specifically identifies the law enforcement
Court of Appeals for the Eleventh Circuit | Filed: Feb 2, 2021 | Docket: 58973234
Published
occur through either chapter. See Fla.
Stat. § 316.640(5)(a) (providing that traffic infraction enforcement
262 So. 3d 59
Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498542
Published
position or a scooter or similar device.
§ 316.640, Fla. Stat.
A "traffic crash investigation
246 So. 3d 219
Supreme Court of Florida | Filed: May 3, 2018 | Docket: 6384572
Published
(alteration in original);
see
§ 316.640(1)(b)3., Fla. Stat. (2014) (empowering
local
210 So. 3d 191, 2016 Fla. App. LEXIS 16012
District Court of Appeal of Florida | Filed: Oct 28, 2016 | Docket: 4483499
Published
law enforcement officers under s. 943.13.
§ 316.640(5)(a) (emphasis added).
II. THE CITY’S RED
211 So. 3d 158, 2016 Fla. App. LEXIS 11373
District Court of Appeal of Florida | Filed: Jul 27, 2016 | Docket: 4114279
Published
devices "exhibiting different colored lights”); § 316.640(3), Fla. Stat. (2015) (providing for traffic laws
166 So. 3d 161, 2015 WL 3496499
Supreme Court of Florida | Filed: Jun 4, 2015 | Docket: 2662018
Published
employed by (insert relevant agency listed in § 316.640, Fla. Stat.).
§ S16M0,
Fla•
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
§ 316.0083(3);
see also
§ 316.640, Fla. Stat. (2011). By statute, a traffic enforcement
Florida Attorney General Reports | Filed: Apr 23, 2009 | Docket: 3256633
Published
are controlled by the association." (e.s.)
Section 316.640, Florida Statutes, directs the enforcement
Florida Attorney General Reports | Filed: Jul 12, 2005 | Docket: 3257152
Published
CertainLands, 19 So.2d 234 (Fla. 1944).
3 Section 316.640(5)(a), Fla. Stat.
4 See s. 316.075(1)(a), indicating
Florida Attorney General Reports | Filed: Dec 17, 2004 | Docket: 3255521
Published
99-15 (1999).
5 I would note, however, that section 316.640(3)(a), Florida Statutes, sets forth the authority
Florida Attorney General Reports | Filed: Sep 14, 2004 | Docket: 3255186
Published
chapter or to regulate, warn or guide traffic."
Section 316.640, Florida Statutes, provides generally for the
Florida Attorney General Reports | Filed: Jun 18, 2004 | Docket: 3257404
Published
This conclusion was based on the language of section 316.640, Florida Statutes, which provides, in part
Florida Attorney General Reports | Filed: May 10, 2004 | Docket: 3256093
Published
This conclusion is based on the language of section 316.640, Florida Statutes, which provides, in part
Florida Attorney General Reports | Filed: Mar 24, 2004 | Docket: 3257864
Published
chapter or to regulate, warn, or guide traffic."
Section 316.640, Florida Statutes, provides generally for the
Florida Attorney General Reports | Filed: Aug 13, 1998 | Docket: 3257984
Published
sheriffs are authorized to make arrests.2
Section 316.640(1)(f), Florida Statutes, provides:
"School
Florida Attorney General Reports | Filed: Jan 24, 1997 | Docket: 3257477
Published
citations for violations of these traffic laws.
Section 316.640(2), Florida Statutes, vests the sheriff's office
Florida Attorney General Reports | Filed: Jan 10, 1997 | Docket: 3255889
Published
1 Section 316.006(3), Fla. Stat. (1995).
2 Section 316.640(2)(a), Fla. Stat. (1995).
3 Section 316.006(3)(b)
Florida Attorney General Reports | Filed: Jul 12, 1996 | Docket: 3256360
Published
such property.3 This conclusion is based on section 316.640, Florida Statutes, which provides, in part
597 So. 2d 961, 1992 Fla. App. LEXIS 4782, 1992 WL 86184
District Court of Appeal of Florida | Filed: May 1, 1992 | Docket: 64666892
Published
the state on all state streets and highways. Section 316.640(2)(a), Fla. Stat. (1983). Traffic control is
565 So. 2d 725, 1990 Fla. App. LEXIS 3886, 1990 WL 70628
District Court of Appeal of Florida | Filed: May 30, 1990 | Docket: 64652376
Published
and issue citations for civil violations. Section 316.640, Florida Statutes (1987), which creates the
557 So. 2d 146, 1990 Fla. App. LEXIS 986, 1990 WL 13534
District Court of Appeal of Florida | Filed: Feb 13, 1990 | Docket: 64648441
Published
various kinds of law enforcement officers in section 316.640, Florida Statutes (1987), which deals specifically
Florida Attorney General Reports | Filed: Sep 13, 1989 | Docket: 3256662
Published
however, within the geographical city limits.
Section 316.640(3)(a), F.S., provides in part that:
The
Florida Attorney General Reports | Filed: Mar 7, 1988 | Docket: 3257497
Published
parties may also be included in the agreement.8
Section 316.640, F.S., provides generally for the enforcement
Florida Attorney General Reports | Filed: Aug 24, 1984 | Docket: 3258840
Published
ABOVE PURSUANT TO s 163.01, F.S.
QUESTION ONE
Section 316.640, F.S., vests enforcement of the traffic laws
Florida Attorney General Reports | Filed: Nov 4, 1983 | Docket: 3258153
Published
provisions of Ch. 316 within the development.
Section 316.640(3)(a), F.S., sets forth the authority of a
Florida Attorney General Reports | Filed: Nov 24, 1981 | Docket: 3256946
Published
arrest under the foregoing circumstances.
Section 316.640(3)(a), F.S., requires the police department
