CopyCited 48 times | Published | Supreme Court of Florida | 2004 WL 1274334
...ontrol. Nor does FHP have a duty to remove stalled or abandoned vehicles from the state highways. Florida law authorizes, but does not establish a legal duty, nor require, FHP officers to provide for the removal of stalled or abandoned vehicles. See § 316.194(3)(a), Fla....
...In this case, FHP was clearly authorized to respond to the stalled tractor-trailer under both section
321.05, Florida Statutes (1993), which requires FHP to patrol the state highways, regulating, controlling, and directing the flow of traffic, and section
316.194(3)(a), Florida Statutes (1993), which authorizes FHP to move a vehicle stopped on the main-traveled part of a highway....
...The FHP dispatcher, in turn, failed to log the call into the computer system for assignment, and, consequently, officers were not dispatched to the scene. See id. Therefore, the operation of the 911 system itself is of no consequence in this case. [6] Section 316.194, Florida Statutes (1993), provides, in pertinent part: 316.194....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1992 WL 240648
...pressway to pick up fallen debris); Ben's Seltzer, Inc. v. Markey,
254 So.2d 377 (Fla. 3d DCA 1971), cert. denied,
261 So.2d 176 (Fla. 1972) (presumption rebutted where plaintiff presented evidence that defendant was improperly stopped on a bridge). Section
316.194(1), Florida Statutes (1991) provides in pertinent part: (1) Upon any highway outside of a municipality, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of...
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1995 WL 111193
...ile accident. The dismissal was granted as to the funeral director, Park Memorial Chapel, Powell-Weber Funeral Services Inc. f/k/a Burkett-Weber Funeral Services Inc. based on the authority of McCorvey v. Smith,
411 So.2d 273 (Fla. 1st DCA 1982) and section
316.194, Florida Statutes....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1989 WL 478
...in such a manner and to such an extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position where highway conditions render such parking off the paved portion of the highway hazardous or impractical. [§ 316.194(1-2), Fla....
...ractical to stop the vehicle off the highway. Appellee's vehicle was drivable and was not mechanically disabled. The reasonableness of his actions in remaining on the roadway to resecure the ATV was a question for the jury under proper instructions. § 316.194, *634 Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1723
...Applying the facts of this case to the first Ruiz criterion, the record sufficiently demonstrates the possibility of concurrent *792 negligence on the part of Kingsley to warrant the requested instruction. Kingsley was illegally parked partially in the emergency lane in violation of Section
316.194, Florida Statutes and failed to display the required triangular reflectors behind his vehicle as required by Section
316.301, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15893
...ossibility to require the busdriver to “create space” in order to pull off the paved road to pick up or discharge the passengers. The Florida State Uniform Traffic Court Act, Section *1117 316.124(1) and (2), Florida Statutes (1971), (renumbered Section 316.194, effective October 1, 1977), directs that: “(1) Upon any highway outside of a municipality, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of the highw...
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 3476, 2001 WL 273832
PER CURIAM. We agree with appellant that the trial court incorrectly charged the jury in this case that a violation of section 316.194(1), Florida Statutes (2000), was evidence of negligence....
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
...8 Thus, if the Department of Transportation, which has original jurisdiction over state roads, has posted "no parking" signs on the right-of-way, local authorities should enforce such provisions. Your inquiry is prompted by concerns regarding vehicles parked on the right-of-way of a state road. Section 316.194 (3)(b), Florida Statutes, provides for the removal of a vehicle that is found unattended on a public highway: "Officers are hereby authorized to provide for the removal of any abandoned vehicle to the nearest garage or other place of...
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1723, 1986 Fla. App. LEXIS 9290
...Applying the facts of this case to the first Ruiz criterion, the record sufficiently demonstrates the possibility of con *792 current negligence on the part of Kingsley to warrant the requested instruction. Kingsley was illegally parked partially in the emergency lane in violation of Section 316.194, Florida Statutes and failed to display the required triangular reflectors behind his vehicle as required by Section 316.-301, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19230
...When the tire blowout occurred, Graham pulled to the left side of the road. Appellees’ contention that he should have steered his disabled vehicle across several lanes of rush-hour traffic in order to exit from the right-hand lane fails to persuade us that stopping on the left constituted negligence. Section 316.194(1), (2), Florida Statutes (1977) prohibits the parking of a vehicle on the “paved part of the highway when it is practicable to stop, park, or so leave the vehicle off such part of the highway” unless “highway conditions render...
