Florida Statute 351.3 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 351
RAILROADS

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F.S. 351.03

351.03 Railroad-highway grade-crossing warning signs and signals; audible warnings; exercise of reasonable care; blocking highways, roads, and streets during darkness.—

(1) Every railroad company shall exercise reasonable care for the safety of motorists whenever its track crosses a highway and shall be responsible for erecting and maintaining crossbuck grade-crossing warning signs in accordance with the uniform system of traffic control devices adopted pursuant to s. 316.0745. Such crossbuck signs shall be erected and maintained at all public or private railroad-highway grade crossings.

(2) Advance railroad warning signs and pavement markings shall be installed and maintained at public railroad-highway grade crossings in accordance with the uniform system of traffic control devices by the governmental entity having jurisdiction over or maintenance responsibility for the highway or street. All persons approaching a railroad-highway grade crossing shall exercise reasonable care for their own safety and for the safety of railroad train crews as well as for the safety of train or vehicle passengers.

(3) Except as provided in subsection (4), any railroad train approaching within 1,500 feet of a public railroad-highway grade crossing shall emit a signal audible for such distance.

(4)(a) The Department of Transportation and the Federal Railroad Administration may authorize a municipality or county to implement a whistle ban provided the following conditions are met:

1. A traffic operations system is implemented to secure railroad-highway grade crossings for the purpose of preventing vehicles from going around, under, or through lowered railroad gates.

2. The municipality or county has in effect an ordinance that unconditionally prohibits the sounding of railroad train horns and whistles during the hours of 10 p.m. and 6 a.m. at all public railroad-highway grade crossings within the municipality or county and where the municipality, county, or state has erected signs at the crossing announcing that railroad train horns and whistles may not be sounded during such hours. Signs so erected shall be in conformance with the uniform system of traffic control devices as specified in s. 316.0745.

(b) Upon final approval and verification by the department and the Federal Railroad Administration that such traffic operations system meets all state and federal safety and traffic regulations and that such railroad-highway grade crossings can be secured, the municipality or county may pass an ordinance prohibiting the sounding of audible warning devices by trains upon approaching such railroad-highway grade crossings between the hours of 10 p.m. and 6 a.m.

(5)(a) Whenever a railroad train engages in a switching operation or stops so as to block a public highway, street, or road at any time from one-half hour after sunset to one-half hour before sunrise, the crew of the railroad train shall cause to be placed a lighted fusee or other visual warning device in both directions from the railroad train upon or at the edge of the pavement of the highway, street, or road to warn approaching motorists of the railroad train blocking the highway, street, or road. However, this subsection does not apply to railroad-highway grade crossings at which there are automatic warning devices properly functioning or at which there is adequate lighting.

(b) A person who violates any provision of paragraph (a) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 34, ch. 1987, 1874; RS 2264; GS 2841; ch. 7940, 1919; RGS 4529; CGL 6592; s. 1, ch. 73-336; s. 52, ch. 76-31; s. 5, ch. 80-289; ss. 2, 3, ch. 81-318; ss. 1, 12, 14, ch. 82-90; s. 1, ch. 84-73; s. 39, ch. 86-243; ss. 2, 5, 6, ch. 92-192; s. 143, ch. 99-13.

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Amendments to 351.03

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 351.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

S351.03 - NONMOVING TRAFFIC VIOL - FAIL GIVE VISUAL/WHISTLE TRAIN WARNING - M: S

Cases Citing Statute 351.03

Total Results: 14

John F. Knowlton and Betty F. Knowlton v. Commissioner of Internal Revenue

791 F.2d 1506, 58 A.F.T.R.2d (RIA) 5294, 1986 U.S. App. LEXIS 26425

Court of Appeals for the Eleventh Circuit | Filed: Jun 24, 1986 | Docket: 1918

Cited 20 times | Published

shareholder in a transaction nontaxable under § 351. 3 Both the basis and the holding period

Loftin v. McGregor

14 So. 2d 574, 152 Fla. 813, 1943 Fla. LEXIS 1037

Supreme Court of Florida | Filed: Feb 19, 1943 | Docket: 3263017

Cited 19 times | Published

Reargued: Jul 9, 1943

protected by the statutory cross arm signal (Section 351.03, Florida Statutes, 1941) which carries the

St. Louis-San Francisco Ry. Co. v. White

369 So. 2d 1007

District Court of Appeal of Florida | Filed: Apr 19, 1979 | Docket: 1516669

Cited 11 times | Published

the court's instruction that a violation of Section 351.03 constituted negligence was error; 3) that the

Seaboard Coast Line R. Co. v. Griffis

381 So. 2d 1063

District Court of Appeal of Florida | Filed: Feb 9, 1979 | Docket: 1716573

Cited 8 times | Published

complied with its obligations under the law, Section 351.03, Florida Statutes (1977), and nothing more

Bifulco v. Patient Business & Financial Services, Inc.

39 So. 3d 1255, 30 I.E.R. Cas. (BNA) 1689, 35 Fla. L. Weekly Supp. 368, 2010 Fla. LEXIS 989, 2010 WL 2518200

Supreme Court of Florida | Filed: Jun 24, 2010 | Docket: 1656343

Cited 5 times | Published

sovereign immunity set forth in s. 768.28."); § 351.03(4)(c), Fla. Stat. (2004) ("Nothing in this subsection

Florida East Coast Railway Co. v. Martinez

761 F. Supp. 782, 1991 U.S. Dist. LEXIS 5350, 1991 WL 62456

District Court, M.D. Florida | Filed: Apr 18, 1991 | Docket: 1273586

Cited 3 times | Published

January 23, 1991. At issue in this case is Fla.Stat. § 351.03(4)(a), which was enacted in 1984.[1] This statute

Liboy Ex Rel. Liboy v. Rogero Ex Rel. Rogero

363 F. Supp. 2d 1332, 2005 U.S. Dist. LEXIS 2828, 2005 WL 756837

District Court, M.D. Florida | Filed: Feb 22, 2005 | Docket: 2214407

Cited 2 times | Published

CSX untenable. At the outset, Florida Statute Section 351.03, in relevant part, sets a base line: (1) Every

Seaboard Coast Line Railroad v. Louallen

479 So. 2d 781, 10 Fla. L. Weekly 2554, 1985 Fla. App. LEXIS 16798

District Court of Appeal of Florida | Filed: Nov 15, 1985 | Docket: 64616043

Published

protection and warnings other than that mandated by section 351.03, Florida Statutes (1979), without such additional

Ago

Florida Attorney General Reports | Filed: Jun 14, 1985 | Docket: 3257587

Published

office can make the following observations. Section 351.03(3)(a), F.S. (1984 Supp.), provides as follows:

Ago

Florida Attorney General Reports | Filed: Mar 12, 1985 | Docket: 3256825

Published

substantially the following question: DOES SECTION 351.03(3)(a), F.S. (1984 Supp.), AUTHORIZE THE DEPARTMENT

Tynan v. Seaboard Coast Line Railroad

254 So. 2d 209, 1971 Fla. LEXIS 3265

Supreme Court of Florida | Filed: Oct 27, 1971 | Docket: 64522886

Published

urban area by the railroad pursuant to F.S. Section 351.03, F. S.A. Since there was testimony the plaintiff’s

McNulty v. Atlantic Coast Line Railroad

199 So. 2d 706, 1967 Fla. LEXIS 3923

Supreme Court of Florida | Filed: Jun 7, 1967 | Docket: 64501149

Published

the crossbuck signs required by Florida Statutes § 351.03, F.S.A. was visible 400 feet from the crossing

McNulty v. Atlantic Coast Line Railroad

198 So. 2d 876, 1966 Fla. App. LEXIS 4465

District Court of Appeal of Florida | Filed: Oct 21, 1966 | Docket: 64500923

Published

the crossbuck signs required by Florida Statutes § 351.03, F.S.A. was visible 400 feet from the crossing

Jones v. Atlantic Coast Line Railroad

117 So. 2d 234

District Court of Appeal of Florida | Filed: Jan 6, 1960 | Docket: 60194089

Published

divulged by the record unless Florida Statutes, § 351.03, F.S.A., which provides that a train shall not