Florida/Georgia Personal Injury & Workers Compensation

...The complaint identifies the road as "C-95A" which, according to our understanding, indicates a county road. There is no allegation that "C-95A" is either a state road, or a road maintained by the state, and the briefs are silent on this point. Under Section 316.006(1), Florida Statutes (1977), the Department of Transportation has jurisdiction over and the authority to install traffic control devices and warnings on state roads....

...ntal entities." [19] The Florida Department of Transportation designates roads as state-maintained roads. See Fla. Stat. § 316.106(50). Jurisdiction to control traffic on state roads is vested in the Florida Department of Transportation. Fla. Stat. § 316.006(1). Chartered municipalities have jurisdiction over all non-state roads in their boundaries, while counties have jurisdiction over all roads within their boundaries that do not fall under state or municipal jurisdiction. Fla. Stat. § 316.006(2)-(3)....

...vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited access road owned or controlled by a special district, whenever, by written agreement entered into under Fla. Stat. 316.006(2)(b) or (3)(b), a county or municipality exercises traffic control jurisdiction over said way or place; (c) any area, such as a runway, taxiway, ramp, clear zone, or parking lot, within the boundary of any airport owned by the state, a count...

...nts and communications as the driver, owner, or occupant of a vehicle is compelled to make in order to comply with his or her statutory duty under section 316.066(1) and (2).” Id. Similarly, we believe it is obvious that the protection provided by section 316.006(4) must be read as co-extensive with the constitutional privilege against self-incrimination. In other words, when the driver, owner or occupant of a vehicle is compelled to make statements in order to comply with his or her statutory duty, the immunity provided by section 316.006(4) is equivalent to that required by the Fifth Amendment....

...NESBITT, Judge (specially concurring): I write to make it clear that my concurrence is based on the fact that any negligence on the part of the appellees was not a proximate cause of appellant's injuries because the authorities charged with maintenance of the light, see § 316.006, Fla....

...hicle. 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 § 316.006(3)(b)....

...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 § 316.006(2)(b)....

...strict may enter into an agreement with the county and any city within which district property is located to authorize the local government to enforce traffic laws of this state on limited access roads controlled or owned by the district pursuant to section 316.006 , Florida Statutes....

...5 Counties are specifically granted original jurisdiction over all streets and highways, except state roads and municipal streets, located within their boundaries. 6 With the exception of state roads, municipalities are granted original jurisdiction over all streets and highways located within their boundaries. 7 Section 316.006 (3)(b), Florida Statutes, authorizes the county to exercise jurisdiction over any private road or roads, or over any limited access roads owned or controlled by a special district, located in the unincorporated area within its boundar...

...under their jurisdiction[.]" 11 The term "[s]treet or highway" is defined as "[t]he entire width between the boundary lines of . . . any limited access road owned or controlled by a special district, whenever, by written agreement entered into under s. 316.006 (2)(b) or (3)(b), a county or municipality exercises traffic control jurisdiction over said way or place[.]" 12 Officers and traffic accident investigation officers are authorized to provide for the removal of any abandoned vehicle found u...

...orcement authority whether to exercise its jurisdiction. Accordingly, it is my opinion that the Melbourne-Tillman Water Control District may enter into an agreement with the county or with cities within which district property is located pursuant to section 316.006 , Florida Statutes, to allow the county or such cities to exercise traffic control jurisdiction over limited access roads owned or controlled by the district....

...90-63 (1990). And see Forbes Pioneer Boat Line v. Board of Commissioners of Everglades Drainage District , 82 So. 346 (Fla. 1919). 4 Section 8(3), Ch. 2001-336 , Laws of Fla. 5 See Ops. Att'y Gen. Fla. 81-18 (1981); 86-59 (1986); and 97-03 (1997). See also s. 316.006 , Fla. Stat., vesting jurisdiction to control traffic in the state, counties, and charter municipalities. 6 Section 316.006 (3)(a), Fla. Stat. 7 Section 316.006 (2)(a), Fla. Stat. 8 Section 316.006 (2)(b), Fla. Stat. 9 See ss. 316.006 (2)(b)1. and 316.006(3)(b)1., Fla. Stat. Section 316.006 (3)(b)2., Fla....

...cial district, the governing body of the county must consult with the sheriff and no such agreement shall take effect prior to October 1 (the beginning of the county's fiscal year), unless the requirement is waived in writing by the sheriff. 10 See ss. 316.006 (2)(b)3. and 316.006(3)(b)4., Fla....

...6 , Florida Statutes, the Florida Uniform Traffic Control Law, was enacted to make uniform traffic laws applicable throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities. (s. 316.002 , Fla. Stat.) Section 316.006 , Florida Statutes, vests jurisdiction to control traffic in the state, counties, and municipalities. Municipalities are given authority to control traffic within their jurisdictions by section 316.006 (2)(a), Florida Statutes, which provides: "Chartered municipalities shall have original jurisdiction over all streets and highways located within their boundaries, except state roads, and may place and maintain such traffic control de...

...replace all signs, signals, markings, striping, guardrails, and other traffic control devices necessary or useful for the private roads unless an agreement has been entered into between the county and the homeowners' association, as authorized under s. 316.006 (3)(b), expressly providing that the county has traffic control jurisdiction....

...n the geographical limits of the municipality. We hold that pursuant to § 316.-016(3) (a)-, Fla.Stat. 1 a municipal police officer is specifically authorized to enforce the traffic laws within the confines of a municipality. The appellee urges that § 316.006, Fla.Stat....

...e public has the right to travel by motor vehicle. 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.” . “§ 316.006 Jurisdiction....

...runs contrary to the legislative intent manifested by the Reform Act. In conjunction with the repeal of PSC’s authority under Chapter 323, the legislature provided for the transfer of traffic control and safety regulatory power to the department. Section 316.006, Florida Statutes, confers jurisdiction on the department to control traffic over all state roads throughout the state and to “place and maintain such traffic control devices ......

...he right to travel by motor vehicle and on private roads or other limited access roads owned or controlled by a special district when such roads are within municipal boundaries and a written agreement has been entered into by the parties pursuant to s. 316.006 (2)(b), F.S....

...tricts, 5 the Legislature enacted amendments to Ch. 316 , F.S., during the 1987 legislative session. 6 These amendments appear to supply additional authority for municipal law enforcement officers to enforce traffic laws on certain private property. Section 316.006 , F.S., vests jurisdiction to control traffic in the state, counties, and municipalities....

...lling such road or roads provide, by written agreement approved by the governing body of the municipality, for municipal traffic control jurisdiction over the road or roads encompassed by such agreement. . . . 7 An agreement entered into pursuant to s. 316.006 (2)(b), F.S., must provide for reimbursement for the actual costs of traffic control and enforcement and for liability insurance and indemnification by the party or parties who own or control such road or roads....

...w provides additional authority to municipal police departments 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)." 9 Your letter specifically mentions traffic control by municipal police officers in "trailer parks." Section 316.640 (4), F.S., was enacted to authorize but not require "the police department of each chartered municipality ....

...Further, municipal law enforcement officers now possess additional statutory authority to enforce appropriate provisions of Ch. 316 , F.S., over private roads or over limited access roads owned or controlled by a special district when such roads are within municipal boundaries and a written agreement pursuant to s. 316.006 (2)(b), F.S., has been entered into by the parties....

...e used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited access road owned or controlled by a special district, whenever, by written agreement entered into under s. 316.006 (2)(b) or (3)(b), a county or municipality exercises traffic control jurisdiction over said way or place. 8 Section 316.006 (2)(b)1., F.S. And see, s. 316.006 (2)(b)2., F.S., which provides that "[t]he exercise of jurisdiction provided for herein shall be in addition to jurisdictional authority presently exercised by municipalities under law....

funds. Section 316.006(3), F.S., expressly provides, in pertinent part: Section 316.006. Jurisdiction

...ets. Chapter 316 , Florida Statutes, the Florida Uniform Traffic Control Law, was enacted in order to make uniform traffic laws applicable throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities. 1 Section 316.006 , Florida Statutes, vests jurisdiction to control traffic in the state, counties, and municipalities. Municipalities are given jurisdiction to control traffic within their jurisdictions by section 316.006 (2), Florida Statutes, which provides: "(a) Chartered municipalities shall have original jurisdiction over all streets and highways located within their boundaries, except state roads, and may place and maintain such traffic control d...

...lly for the enforcement of traffic laws and, more specifically, states that municipalities shall enforce state traffic laws on municipal thoroughfares "wherever the public has the right to travel by motor vehicle." 2 Municipalities are authorized by section 316.006 (2)(a), Florida Statutes, to "place and maintain such traffic control devices which conform to the manual and specifications of the Department of Transportation upon all streets and highways under their original jurisdiction[.]" 3 (e....

...84-46 (1984) (if public has right to travel on access road owned and maintained by, and located within territorial limits of, airport authority, then provisions of Ch. 316 , Fla. Stat., applicable). For those private roads or limited access roads where the public does not have a right to travel, however, section 316.006 (3)(a), Florida Statutes, authorizes a municipality to exercise jurisdiction if the municipality has jurisdiction pursuant to a written agreement pursuant to section 316.006 (2)(b), Florida Statutes, for municipal traffic control jurisdiction....

...de for reimbursement of the actual costs of traffic control and enforcement and for liability insurance and indemnification by the party who owns or controls such roads. Other terms, as may be mutually agreeable to the parties, may also be included. Section 316.006 (2)(b)1., Fla. Stat. And see s. 316.006 (2)(b)2., Fla....

1943); State v. Hayles,240 So.2d 1 (Fla. 1970). Section 316.006, F. S., vests jurisdiction to control traffic

...6. This office has stated that Chapter 316 operates to prohibit any local legislation on traffic control or the enforcement thereof under the police power of a municipality, except as may be expressly authorized by the Uniform Traffic Control Law. 4 Section 316.006 , Florida Statutes, sets forth the jurisdiction to control traffic, providing in pertinent part: "(1) STATE....

...Butterworth Attorney General RAB/tjw 1 Section 316.002 , Fla. Stat. 2 See , the preamble to Ch. 71-135, Laws of Florida, creating Ch. 316 , Fla. Stat. 3 Section 316.007 , Fla. Stat. 4 See, e.g., Ops. Att'y Gen. Fla. 98-62 and 98-15 (1998). 5 Subsection (2) of s. 316.006 , Fla....

...The term includes associated sidewalks, the roadbed, the right-of-way. . . ." 7 Section 316.008 (1)(a), Fla. Stat. 8 See, State v. Williams , 303 So.2d 74 (Fla. 3d DCA 1974), case dismissed , 314 So.2d 591 (Fla. 1975), concluding that the jurisdiction vested by s. 316.006 , Fla....

...sdiction of traffic control over roads upon which the public has a right to travel. 3 Counties are specifically granted original jurisdiction over all streets and highways, except state roads and municipal streets, located within their boundaries. 4 Section 316.006 (3)(b), Florida Statutes, authorizes the county to exercise jurisdiction over any private road or roads, or over any limited access roads owned or controlled by a special district, located in the unincorporated area within its boundar...

...pter 125 , Florida Statutes. 7 Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 Section 1, Ch. 81-481, Laws of Fla. 2 Section 1, Ch. 98-529, Laws of Fla. 3 See, Ops. Att'y Gen. Fla. 81-18 (1981); 86-59 (1986); and 97-03 (1997). See, also, s. 316.006 , Fla. Stat., vesting jurisdiction to control traffic in the state, counties, and charter municipalities. 4 Section 316.006 (3), Fla....

vested with the Department of Transportation. Section 316.006(2)(a), F.S., provides: Chartered municipalities

...Thus, municipalities have enforcement authority with respect to traffic violations and accidents occurring on "private property" where the public has the right to travel by motor vehicle, such as in shopping centers and parking lots. In 1987, however, section 316.006 , Florida Statutes, was amended to supply additional authority for municipal law enforcement officers to enforce traffic laws on certain private property. 4 As amended, section 316.006 (2)(b), Florida Statutes, provides: "A municipality may exercise jurisdiction over any private road or roads, or over any limited access road or roads owned or controlled by a special district, located within its boundaries if the mun...

...the road or roads encompassed by such agreement. . . . " Thus, the provisions of Chapter 316 , Florida Statutes, may be enforced on private roads where the public does not have the right to travel when an agreement has been entered into pursuant to s. 316.006 (2)(b), Florida Statutes....

...90-68 (1990) (no authority to enforce Ch. 316 , Fla. Stat., exists on private roads located within a private development or over roads or streets within a special taxing district where such byways are not available for public use, absent a written agreement entered into pursuant to s. 316.006 (2)(b), Fla....

...316 are not applicable and municipal police department does not have right or obligation or authority to enforce Ch. 316 on such private property regardless of invitation by private property owner to police department). 3 See s. 316.640 (2)(a) and (3)(a), Fla. Stat., respectively. 4 Section 3, Ch. 87-88, Laws of Fla. 5 Section 316.006 (2)(b)1., Fla. Stat., which also provides that such other terms as are mutually agreeable to the parties may also be included in the agreement. And see s. 316.006 (2)(b)2., Fla....

...N: May a county establish reduced speed limits and impose requirements for the posting of such speed limits on state roads? SUMMARY: Counties may not establish speed limits and impose requirements for the posting of such speed limits on state roads. Section 316.006 (3), F.S., gives counties "original jurisdiction over all streets and highways located within their boundaries except state roads, . . . ." (Emphasis supplied.) Section 316.006 (1), F.S., gives the Department of Transportation original jurisdiction over all state roads throughout the state. State roads are defined as "any highway designated as a state maintained road by the Department of Transportation" pursuant to s. 316.003 (51), F.S. In construing s. 316.006 , F.S., the Third District Court of Appeal while holding that local law enforcement officers are authorized to enforce the traffic laws within the jurisdiction of a local government, including enforcement on sections of interstate highways, pursuant to s....

authorized by the Uniform Traffic Control Law.5 Section 316.006(2)(a), F.S., provides: Chartered municipalities

...owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited access road owned or controlled by a special district, whenever, by written agreement entered into under Fla. Stat. 316.006(2)(b) or (3)(b), a county or municipality exercises traffic control jurisdiction over said way or place; - 38 -  (c) any area, such as a runway, taxiway, ramp, clear zone, or parking lot, within t...

...way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited access road owned or controlled by a special district, whenever, by written agreement entered into under s. 316.006(2)(b) or (3)(b), a county or municipality exercises traffic control jurisdiction over said way or place; (c) Any area, such as a runway, taxiway, ramp, clear zone, or parking lot, within the boundary of any airport owned by the sta...

authorized by the Uniform Traffic Control Law.4 Section 316.006(2)(a), Florida Statutes, provides: "Chartered

...Butterworth Attorney General RAB/tls 1 See , s. 316.002 , Fla. Stat. (1995). 2 Section 316.075 (3), Fla. Stat. (1995), contains specific exceptions for turning right on red after stopping and left on red from a one-way street intersecting a one-way street with traffic moving to the left. 3 Section 316.006 (3)(a), Fla....

for road maintenance as authorized by law." Section 316.006(3), F.S., provides inter alia that: Counties

...d issued traffic citations for violations. Stop signs and speed limit postings were erected by a former board of supervisors for the district. The current board, however, questions its authority to maintain such traffic control devices. Question One Section 316.006 , Florida Statutes, vests jurisdiction to control traffic in the state, counties, and charter municipalities....

...9 Ultimately, a court must determine whether the district's initial installation of the traffic control devices created a duty that was assumed by the district and, once assumed, cannot be relinquished by removal of the signs. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 Section 316.006 (3), Fla. Stat. (1995). 2 Section 316.640 (2)(a), Fla. Stat. (1995). 3 Section 316.006 (3)(b), Fla. Stat. (1995). 4 Section 316.006 (3)(b)1., Fla. Stat. (1995). 5 Section 316.006 (3)(b)2., Fla....

...tated that Chapter 316 , Florida Statutes, operates to prohibit any local legislation on traffic control or the enforcement thereof under the police power of a municipality, except as may be expressly authorized by the Uniform Traffic Control Law. 4 Section 316.006 (2)(a), Florida Statutes, provides: "Chartered municipalities shall have original jurisdiction over all streets and highways located within their boundaries, except state roads , and may place and maintain such traffic control devices...

...the Department of Transportation upon all streets and highways under their original jurisdiction as they shall deem necessary to indicate and to carry out the provisions of this chapter or to regulate, warn, or guide traffic." 5 (e.s.) In contrast, section 316.006 (3)(a), Florida Statutes, provides that "[c]ounties shall have original jurisdiction over all streets and highways located within their boundaries, except all state roads and those streets and highways specified in subsection (2) . . . . (e.s.) In considering the application of section 316.006 , the court in State v....

...Municipalities, however, do not have enforcement authority with respect to traffic violations and accidents occurring on "private property" where the public does not have the right to travel by motor vehicle unless such roads are within the municipal boundaries and a written agreement pursuant to section 316.006 (2)(b), Florida Statutes, has been entered into by the parties....

...11 None of these authorized areas would appear to allow a municipality to enact an ordinance requiring additional safety equipment on golf carts or restricting the operation of golf carts by persons under the age of 16 to those occasions when they are accompanied by a licensed driver. Section 316.006 (2), Florida Statutes, states that "[c]hartered municipalities shall have original jurisdiction over all streets and highways located within their boundaries, except state roads ....

...322.04 (1)(e), Fla. Stat., exempting from the requirement of a driver's license "[a]ny person operating a golf cart, as defined in s. 320.01 , which is operated in accordance with the provisions of s. 316.212 ." 11 Section 316.008 (1)(g), (m), and (n), Fla. Stat. 12 Section 316.006 (3)(a), Fla....

residents. 14 And see, s. 163.513(6), F.S. 15 Section 316.006(2)(b), F.S. 16 See, AGO 88-5.

entered into pursuant to s. 316.006(2)(b), F.S.4 Section 316.006(2), F.S., in pertinent part, provides: (b)

extent of a conflict are expressly precluded. Section 316.006(2), F.S., provides that chartered municipalities

...nce when such enactment is necessary to vest jurisdiction of violation of the law in the local court. Section 316.007 . Original jurisdiction to control traffic over all state roads throughout the state is vested in the Department of Transportation, s. 316.006 (1); original jurisdiction to control traffic over all streets and highways, except state roads, within a chartered municipality's boundaries is vested in that municipality, s. 316.006 (2); and original jurisdiction to control traffic over all streets and highways within a county's boundaries, except state roads and streets and highways within a municipality's boundaries, is vested in that county. Section 316.006 (3)....

...316.016(3)(a), supra; and it does not have the authority to enforce such laws outside the municipal boundaries. Moreover, Hacienda Village has original jurisdiction to control traffic only over streets and highways, except state roads, within that municipality. Section 316.006 (2), supra....

...private property owner and not by the county. I would note, by way of analogy, that prior to 1987 the uniform traffic laws could not be enforced by law enforcement on roads where the public did not have the right to travel. 2 The Legislature amended section 316.006 , Florida Statutes, in 1987 to authorize a county or municipality to exercise jurisdiction over any private road for purposes of traffic control, so long as there is a written agreement that provides for reimbursement to the county or municipality for all actual costs of the traffic control and enforcement....

agreement with the municipality pursuant to section 316.006(2), Florida Statutes? In sum: A municipal police

...state have researched these statutes and there does not seem to be a consensus on these issues. It may be appropriate, therefore, to suggest that the Legislature revisit s. 316.1964 , F.S. (1990 Supp.), in order to more clearly express its intent. 1 Section 316.006 (3)(a), F.S. 2 Section 316.006 (3), F.S....