Florida/Georgia Personal Injury & Workers Compensation

...The Florida legislature's intent in adopting the Florida Uniform Traffic Control Law was "to make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities." Fla. Stat. § 316.002 (purpose); accord, Fla. Stat. § 316.007 (the "provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein...")....

exigent circumstances. [2] Originally enacted as Section 316.07, Chapter 71-135, Section One, Laws of Florida

that section 48-26 is in direct conflict with section 316.007, Florida Statutes. We disagree. It is well

...not in conflict therewith. It is unlawful for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of this chapter. (Emphasis added.) The second preemption provision is found in section 316.007, which provides in pertinent part: “The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce...

...3d at 240. III. Chapter 316 could not be clearer in providing that local ordinances on “a matter covered by” the chapter are preempted unless an ordinance is “expressly authorized” by the statute. § 316.007, Fla....

...oviding for the punishment of red light violations—relate to matters “covered by” chapter 316. The ordinances consequently can be sustained as a valid exercise of municipal authority only if they are—as the express preemption provision of section 316.007 requires— expressly authorized by statute....

...No similar requirement regulating bicycles was contained in chapter 316. The ordinance at issue in Thomas—unlike the ordinances at issue here—regulated specific conduct that was not subject to statutory regulation. Thomas thus dealt with an ordinance on specific matters not “covered by” chapter 316. § 316.007, Fla....

...d and subject to punishment under state law. The prohibition and punishment of red light violations are matters “covered by” chapter 316, and section 316.008(1)(w) does not “expressly authorize[]” local ordinances on those matters. § 316.007, Fla....

...The City argued that the ordinance did not conflict with state law, but was a supplement to chapter 316, and expressly authorized by statute. Lasercraft argued the ordinance was not preempted by statute since there was no exclusive reservation of authority to the state and the Legislature had only recently enacted a statute (section 316.0076 as part of the Mark Wandall Traffic Safety Act) in or *592 der to expressly preempt the use of red light cameras to the state....

...The City contends on appeal that according to section 816.008(l)(w), Florida Statutes, municipalities have been expressly granted the authority to regulate traffic on their roads so long as the regulation is not inconsistent with state law. 4 The City argues that its ordinance does not conflict with state law, specifically section 316.007; it simply “added an additional” .means of enforcing the requirement that drivers stop at red lights....

...t regulate municipal traffic within their borders.” 89 So.3d at 237 . The Third District Court further stated: Here, the Ordinance is consistent, and does not conflict, with any provision found within the Uniform Traffic Control Law as mandated by section 316.007, Florida Statutes....

...This section shall be supplemental to the other laws or ordinances of this chapter and not in conflict therewith. It is unlawful for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of this chapter. (Emphasis added). Section 316.007, Florida Statutes (2011), further emphasizes that traffic laws are.to be uniform throughout the state and provides, “[t]he provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivi...

...Express preemption of a field by the Legislature must .be accomplished by clear language stating that intent. Id. Implied preemption exists when the legislative scheme is so pervasive the local ordinance would conflict with that pervasive regulatory scheme. Id. The language in section 316.002 and section 316.007, where it specifically states the intent of the Legislature for uniformity of the traffic laws throughout the state prohibiting any local government from enacting or enforcing local laws covered by or in conflict with chapter 316, cle...

...316.0083.” The Act implemented a statewide red light enforcement program regulating the use of any traffic infraction detector 11 on state, county, and local municipal roads. City of Aventura, 89 So.3d at 241 . Of significance here, the Act added the following provision: § 316.0076....

...Betts, 928 So.2d 1204, 1210 (Fla.2006) (“Sometimes it may be appropriate to consider a subsequent amendment to clarify original legislative intent of a statute if such amendment was enacted soon after a controversy regarding the statute’s interpretation arose.”). Section 316.0076 appears to have merely clarified that the regulation of traffic has been preempted to the state....

...g what the Legislature intended. Tallahassee Mem’l [v. Tallahassee Med. Ctr., 681 So.2d 826, 831 (Fla. 1st DCA 1996) ]. 28 So.3d at 886 . In discussing implied preemption in Sarasota Alliance, the Florida Supreme Court stated: Sections 316.002 and 316.007, Florida Statutes (2014), both provide express preemption for chapter 316....

...This section shall be supplemental to the other laws or ordinances of this chapter and not in conflict therewith. It is unlawful for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of this, chapter. (Emphasis added). Section 316.007 is also expansive in its preemption and states: Provisions uniform throughout state....

...However, this section shall- not prevent any local authority from enacting an ordinance when such enactment is necessary to vest jurisdiction of violation of this chapter in the local court. (Emphasis added). The express preemption established by sections 316.002 and 316.007 has been interpreted by the Florida Supreme Court as “broad preemption.” Masone, 147 So.3d at 496 . The question then becomes whether the ordinances at issue impact areas expressly preempted by sections 316.002 and 316.007; if not, do any other provisions of Florida law require express or implied preemption, or are they in conflict; and if the ordinances would otherwise be preempted, whether they are nonetheless permissible under section 316.008....

...Equipment Requirements “Chapter 316 could not be clearer in providing that local ordinances on ‘a matter covered by the chapter are preempted unless an ordinance is ‘expressly authorized’ by the statutes.” Masone, 147 So.3d at 496 -97 (citing § 316.007, Fla....

...any drivers except those who have caused a crash or have been convicted of driving under the influence. The specific provision in the local governments’ ordinances concerning insurance when operating a vehicle fall under the express preemption of section 316.007 because the ordinances impose an insurance requirement on vehicles otherwise not required to maintain insurance....

...y permits counties to require a higher bond than Florida law requires, showing that the area of regulation has not been expressly preempted. Thus, we find Phantom of Brevard to be distinguishable because the broad preemptions in sections 316.002 and 316.007 preclude supplemental ordinances covering the subject of chapter 316 other than as allowed by section 316.008....

...The local governments argue that section 316.008(l)(t), which allows local governments to adopt “temporary or experimental regulations as may be necessary to cover emergencies or special conditions,” applies to the ordinances thereby exempting them from the express preemption created by sections 316.002 and 316.007....

...4 The term "express" as used in section 166.021 , Florida Statutes, has been construed to mean a reference that is distinctly stated and not left to inference. 5 Thus, in the absence of any statutory or constitutional prohibition, a municipality may legislate on any subject upon which the state may adopt legislation. Section 316.007 , Florida Statutes, provides: "The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized....

...r covered by Chapter 316 , Florida Statutes, unless expressly authorized to do so. 6 As section 166.021 (1), Florida Statutes, makes clear, a municipality possesses no home rule authority to act against the terms of an express statutory prohibition. Section 316.007 , Florida Statutes, presents such a prohibition. Further, section 166.021 (3)(c), Florida Statutes, precludes a municipality from enacting legislation on a subject preempted by general law to a county. Section 316.007 reserves to counties the authority to abandon roads, rights-of-way, and appurtenant drainage facilities to homeowners' associations and acts as a preemption of this matter to the counties. Therefore, I am of the opinion that municipalities are precluded by the terms of sections 166.021 (3)(c) and 316.007 , Florida Statutes, from abandoning roads and rights-of-way dedicated in a recorded residential subdivision plat and simultaneously conveying their interest in such roads, rights-of-way, and appurtenant drainage facilities to a homeowners' as...

...2005)). As a result of concerns about interference by municipalities in enacting and enforcing state traffic laws, the legislature adopted two sections which expressly limit the power of a municipality to legislate over traffic matters — sections 316.002 and 316.007, Florida Statutes — so as “to create a uniform, statewide traffic control system.” State v....

...traffic matters are thus limited to those enumerated in section 316.008. Finally, section 316.002 makes it “unlawful for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of this chapter.” Id. Consistent with section 316.002, section 316.007, like a constitutional provision over traffic matters, declares the principle of uniformity and the supremacy of chapter 316: “The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized.” § 316.007, Fla. Stat. (2013) (italics supplied). The section 316.007 prohibition is even broader than that of 316.002; while section 316.002 precludes ordinances that “conflict” with chapter 316, section 316.007 bars ordinances “on a matter covered by [chapter 316] unless expressly authorized.” Id....

...ing to the safety equipment requirements for the above-described "ATV," when such a vehicle is used on an Atlantic beach road within the limits of such municipality. Chapter 316 , F.S., is the "Florida Uniform Traffic Control Law." See, s. 316.001 . Section 316.007 , F.S., expressly states: The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized....

...ts and highways under their jurisdiction and within the reasonable exercise of the police power, from: * * * (t) Adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions. (e.s.) Section 316.007 , F.S., provides that municipal authority to enact ordinances on matters covered by Ch....

...316) reflects a legislative plan that no other exceptions were intended. Thayer v. State, 335 So.2d 815 , 817 (Fla. 1976). And see, AGO 80-80; Inf.Op. to Charles R. Sessions, City of Flagler Beach, dated June 20, 1984, noting that since s. 316.008 , F.S., lists exceptions to the general rule of preemption expressed in s. 316.007 , F.S....

...affic ordinances to apply in all municipalities." Id. § 316.002. Section 316.002 makes it unlawful "for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of" chapter 316. Id. Striking a similar tone, section 316.007 states that the provisions of chapter 316 "shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized." Id. § 316.007....

...This Court has stated that "[c]hapter 316 could not be clearer in providing that local ordinances on 'a matter covered by' the chapter are preempted unless an ordinance is 'expressly authorized' by the statute." Masone v. City of Aventura , 147 So.3d 492 , 496-97 (Fla. 2014) (quoting § 316.007, Fla....

...time the vehicle fails to stop behind the stop bar or clearly marked stop line when facing a traffic control signal steady red light. § 316.003(87), Fla. Stat. (2014). In layman's terms, a traffic infraction detector is a red light camera. See id. Section 316.0076, Florida Statutes (2014), expressly preempts the "[r]egulation of the use of cameras for enforcing the provisions of" chapter 316 "to the state." Express preemption notwithstanding, section 316.008, Florida Statutes (2014), states th...

provisions of this chapter." (e.s.) Further, section 316.007, Florida Statutes, provides that the provisions

and preempted to the state by Ch. 316, F.S. Section 316.007, F.S., as discussed supra, clearly and explicitly

...ida Statutes, as "[a]ll signs, signals, markings, and devices, not inconsistent with this chapter , placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic." 4 (e.s.) Section 316.007 , Florida Statutes, provides that "no local authority shall enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized." The Florida Department of Transportation has adopted the Federal Highway Safe...

...ads, it may not impose additional more stringent regulations on such roads. Sincerely, Robert A. 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....

...3d at 495 (holding that the language—“The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized”—in section 316.007, Florida Statutes, “could not be clearer in providing that local ordinances on ‘a matter covered by’ the chapter are preempted unless an ordinance is ‘expressly authorized’” (emphasis in original))....

with theprovisions of this chapter." (e.s.) Section 316.007, Florida Statutes, provides that the provisions

In light of the proscription contained in section 316.007, Florida Statutes, that _no local authority

Laws of Florida, creating Ch.316, F.S. 4 Section 316.007, F.S. See, s. 316.002, F.S., stating that it

of Florida, creating Ch. 316, Fla. Stat. 3 Section 316.007, Fla. Stat. See, s. 316.002, Fla. Stat., stating

...(1993), stating: "The provisions of this chapter shall apply to the operation of vehicles and bicycles and the movement of pedestrians upon all statemaintained highways, county-maintained highways, and municipal streets and alleys and wherever vehicles have the right to travel." 2 Section 316.007 , Fla....

...runs through a residential district and is located within the municipality. Sincerely, Robert A. 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....

...No local authority may enact or enforce any ordinance on a matter covered by the law unless expressly authorized, except that no local authority is prevented from enacting an ordinance when such enactment is necessary to vest jurisdiction of violation of the law in the local court. Section 316.007 ....