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Florida Statute 351 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES
Chapter 351
RAILROADS
View Entire Chapter
CHAPTER 351
CHAPTER 351
RAILROADS
351.03 Railroad-highway grade-crossing warning signs and signals; audible warnings; exercise of reasonable care; blocking highways, roads, and streets during darkness.
351.034 Railroad-highway grade crossings to be cleared for emergency vehicles.
351.35 Railroad tracks and related equipment; safety rules; penalties.
351.36 Railroad safety inspections and inspectors.
351.37 Railroad safety.
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.
(c) Nothing in this subsection shall be construed to nullify the liability provisions of s. 768.28.
(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.
351.034 Railroad-highway grade crossings to be cleared for emergency vehicles.—Except for trains or equipment stopped due to mechanical failure where separation or movement is not possible, any train or equipment that has come to a complete stop and is blocking a railroad-highway grade crossing must be cut, separated, or moved to clear the crossing upon the approach of any emergency vehicle, which for the purpose of this law shall be:
(1) An ambulance operated by public authority or by private persons;
(2) A fire engine; or an emergency vehicle operated by power or electric companies; or
(3) Any other vehicle when operated as an emergency vehicle, defined as one which is engaged in the saving of life, property, or responding to any other public peril; or
(4) Emergency vehicles used as such by the Government of the United States; when upon the approach of such emergency vehicle, such vehicle gives due warning of its approach to such crossing by the sounding of sirens, flashing of lights, waving of flag, or any other warning sufficient to attract attention to such emergency vehicle; and thereupon the said train or equipment shall be cut and said crossing shall be cleared with all possible dispatch to permit the crossing and passing through of said emergency vehicle.
History.—s. 4, ch. 67-309; s. 5, ch. 80-289; ss. 2, 3, ch. 81-318; ss. 12, 14, ch. 82-90; ss. 3, 5, 6, ch. 92-192; s. 58, ch. 95-143; s. 143, ch. 99-13.
351.35 Railroad tracks and related equipment; safety rules; penalties.—
(1) The Department of Transportation shall adopt rules requiring companies operating railroads wholly or in part in the state to maintain tracks and all supportive, related equipment, including locomotives and other rolling stock, of such railroad companies within the state in a safe condition.
(2) If any company operating a railroad either in whole or in part within the state fails to comply with any rule adopted by the department, such company shall thereby incur a penalty as provided for in applicable federal regulations.
History.—s. 2, ch. 78-88; s. 5, ch. 80-289; ss. 2, 3, ch. 81-318; ss. 12, 14, ch. 82-90; s. 52, ch. 84-309; ss. 5, 6, ch. 92-192; s. 143, ch. 99-13.
351.36 Railroad safety inspections and inspectors.—
(1) The Department of Transportation shall employ competent safety inspectors to inspect the physical conditions of the tracks and all supportive, related equipment, including locomotives and other rolling stock, of any railroad operated wholly or in part in the state. Safety inspectors shall attain Federal Railroad Administration employment qualifications necessary to qualify the state for federal funds.
(2) The inspectors shall report in writing the results of their inspections in the manner and on forms prescribed by the department.
History.—s. 1, ch. 78-88; s. 5, ch. 80-289; ss. 2, 3, ch. 81-318; ss. 12, 14, ch. 82-90; s. 53, ch. 84-309; ss. 5, 6, ch. 92-192; s. 143, ch. 99-13.
351.37 Railroad safety.—The state shall supplement and not replace the responsibility of the Federal Government in the inspection of physical conditions of railroad facilities within the state to ascertain compliance with federal standards and regulations. Because this is a supplementary program, the state shall not be deemed to be liable for any actions or omissions in inspecting or failing to inspect railroad facilities. The provisions of this act replace all other provisions in the Florida Statutes relating to jurisdiction over railroad safety.
History.—s. 3, ch. 78-88; s. 5, ch. 80-289; ss. 2, 3, ch. 81-318; ss. 12, 14, ch. 82-90; s. 54, ch. 84-309; ss. 5, 6, ch. 92-192; s. 143, ch. 99-13.

F.S. 351 on Google Scholar

F.S. 351 on Casetext

Amendments to 351


Arrestable Offenses / Crimes under Fla. Stat. 351
Level: Degree
Misdemeanor/Felony: First/Second/Third

S327.351 - HOMICIDE-NEGLIG MANSL - REPEALED 1996 DWI VESSEL RESULT IN DEATH - F: S
S327.351 - PUBLIC ORDER CRIMES - REPEALED 1996 DWI VESSEL SERIOUS BODILY INJURY - F: T
S327.351 - PUBLIC ORDER CRIMES - REPEALED 1996 DWI VESSEL PROP OR PERSONAL DMG - M: F
S351.03 - NONMOVING TRAFFIC VIOL - FAIL GIVE VISUAL/WHISTLE TRAIN WARNING - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 351

Total Results: 20

McKee v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-13T00:00:00-08:00

Snippet: review this issue de novo. Wong v. State, 212 So. 3d 351, 360 (Fla. 2017). A permissive lesser-included

Creative Hardscapes, LLC v. Robert Prawdzik

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-08T00:00:00-08:00

Snippet: appellate review.” Rollet v. de Bizemont, 159 So. 3d 351, 357 (Fla. 3d DCA which the trial court has continuing

Wellington Gilbert v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-06T00:00:00-08:00

Snippet: Court for a new sentencing hearing. 294 So. 3d at 351. The Florida Supreme Court had previously remanded…352-54. Here, unlike in Dean, 294 So. 3d at 351, the trial court did not state anything to indicate

Cassanova Gabriel v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: recent.” Lockhart v. United States, 577 U.S. 347, 351 (2016). The Stand Your Ground statutory provision

Robert Alan McCartney v. the State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: 8 presumptively prejudicial, Murphy v. State, 351 So. 3d 242, 246 (Fla. 2d DCA 2022). The second

PAJ Investment Group, LLC v. El Lago N.W. 7th Condominium Association, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: e.g., Div. of Admin., Dept. of Transp. v. Ely, 351 So. 2d 66 (Fla. 3d DCA 1977) (liquified petroleum…easement.’”); Div. of Admin., Dept. of Transp. v. Ely, 351 So. 2d 66, 68–69 (Fla. 3d DCA 1977) (“Such a service…So. 3d at 179; Div. of Admin., Dept. of Transp., 351 So. 2d at 68–69. Thus, an easement appurtenant

State of Florida v. Harris

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: circumstances by their own conduct. See Hornblower v. State, 351 So. 2d 716, 719 (Fla. 1977); Dusan v. State, 323

Burgos v. Sequeira, Vargas

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: 4 custody.' " Beehler v. Beehler, 351 So. 3d 1257, 1259 (Fla. 1st DCA 2022) (quoting § …jurisdiction' over that determination." Beehler, 351 So. 3d at 1260 (quoting § 61.515(1)). A trial court

William McNae v. Michael J. Fitzgerald

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: due process concerns.”); Rebolledo v. Chaffardet, 351 So. 3d 84, 88 (Fla. 3d DCA 2022) (“The initial inquiry

Alexis Salgado-Mantilla v. the State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-16T00:00:00-07:00

Snippet: voluntary. See, e.g., Muhammad v. State, 782 So. 2d 343, 351 (Fla. 2001) (holding there was no violation of defendant

Kenneth Woliner v. Wilmington Savings Fund Society, Etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-02T00:00:00-07:00

Snippet: court denied Woliner’s motion citing Haist v. Scarp, 351 So. 2d 1120, 1121–22 (Fla. 4th DCA 1977), approved… permit it. 366 So. 2d at 404 (quoting Haist, 351 So. 2d at 1121). Our supreme court observed: “It

Kim Braddock v. City of Port Orange Pension Fund

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-02T00:00:00-07:00

Snippet: “relic.” See Demase v. State Farm Fla. Ins. Co., 351 So. 3d 136, 139 (Fla. 5th DCA 2022) (Sasso, J., concurring

Tyrone T. Johnson v. State of Florida

Court: Fla. | Date Filed: 2024-09-19T00:00:00-07:00

Snippet: 1160. Similarly, in Deparvine v. State, 995 So. 2d 351 (Fla. 2008), the trial court did not “expressly

Progressive Select Insurance Company v. Linnette Ampudia and Juan Carlos Moreno Daza

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-18T00:00:00-07:00

Snippet: Corp. v. San Perdido Ass’n, Inc., 104 So. 3d 344, 351 (Fla. 2012) (stating that before a court may grant

Alexander Garcia v. Yellow Cab Company

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-18T00:00:00-07:00

Snippet: Super Markets, Inc. v. Hernandez, 176 So. 3d 350, 351 (Fla. 3d DCA 2015) (quoting Giacalone v. Helen Ellis… the order will cause irreparable harm.” Id. at 351-52 (citations omitted).

Ryder Truck Rental, Inc. v. Teesha Adams, Etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-11T00:00:00-07:00

Snippet: itself[.]’” Camperos v. Estrella, 126 So. 3d 351, 351 (Fla. 3d DCA 2013) (quoting ABA Cap. Mkts. Corp

South Broward Hospital District D/B/A Memorial Healthcare System v. Joseph Kaplan and Donald Solomon

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-11T00:00:00-07:00

Snippet: 1091 (citing Univ. of Fla. Bd. of Trs. v. Rojas, 351 So. 3d 1167, 1170 (Fla. 1st DCA 2022)). Kaplan

Philip Regala, M.D., Philip Regala, M.D. P.L., F/K/A Philip Regala, M.D., P.A. and v. Michael McDonald

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-06T00:00:00-07:00

Snippet: Disney Parks & Resorts U.S., Inc. v. Alesi, 351 So. 3d 642, 644 (Fla. 5th DCA 2022). Because the

Mortgage Assets Management Series I Trust, Bank of New York Mellon Trust Company, N.A. v. Harvey, Harvey

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-06T00:00:00-07:00

Snippet: Care First of Orlando, LLC v. Edwards, 84 So. 3d 351, 355 (Fla. 5th DCA 2012) (“[A] new trial is not warranted

Croft v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-28T00:00:00-07:00

Snippet: penalty for the rape of a child. Lainhart v. State, 351 So. 3d 1282 (Fla. 1st DCA 2022) (B.L. Thomas, J.,