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Florida Statute 316.640 - Full Text and Legal Analysis
Florida Statute 316.640 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
316.640 Enforcement.The enforcement of the traffic laws of this state is vested as follows:
(1) STATE.
(a)1.a. The Division of Florida Highway Patrol of the Department of Highway Safety and Motor Vehicles; the Division of Law Enforcement of the Fish and Wildlife Conservation Commission; the Division of Law Enforcement of the Department of Environmental Protection; and the agents, inspectors, and officers of the Department of Law Enforcement each have authority to enforce all of the traffic laws of this state on all the streets and highways thereof and elsewhere throughout the state wherever the public has a right to travel by motor vehicle.
b. University police officers may enforce all of the traffic laws of this state when violations occur on or within 1,000 feet of any property or facilities that are under the guidance, supervision, regulation, or control of a state university, a direct-support organization of such state university, or any other organization controlled by the state university or a direct-support organization of the state university, or when such violations occur within a specified jurisdictional area as agreed upon in a mutual aid agreement entered into with a law enforcement agency pursuant to s. 23.1225(1). Traffic laws may also be enforced off-campus when hot pursuit originates on or within 1,000 feet of any such property or facilities, or as agreed upon in accordance with the mutual aid agreement.
c. Florida College System institution police officers may enforce all the traffic laws of this state only when such violations occur on or within 1,000 feet of any property or facilities that are under the guidance, supervision, regulation, or control of the Florida College System institution, or when such violations occur within a specified jurisdictional area as agreed upon in a mutual aid agreement entered into with a law enforcement agency pursuant to s. 23.1225. Traffic laws may also be enforced off-campus when hot pursuit originates on or within 1,000 feet of any such property or facilities, or as agreed upon in accordance with the mutual aid agreement.
d. Police officers employed by an airport authority may enforce all of the traffic laws of this state only when such violations occur on any property or facilities that are owned or operated by an airport authority.
(I) An airport authority may employ as a parking enforcement specialist any individual who successfully completes a training program established and approved by the Criminal Justice Standards and Training Commission for parking enforcement specialists but who does not otherwise meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary or part-time officers under s. 943.12. This sub-sub-subparagraph may not be construed to permit the carrying of firearms or other weapons, nor shall such parking enforcement specialist have arrest authority.
(II) A parking enforcement specialist employed by an airport authority may enforce all state, county, and municipal laws and ordinances governing parking only when such violations are on property or facilities owned or operated by the airport authority employing the specialist, by appropriate state, county, or municipal traffic citation.
e. The Office of Agricultural Law Enforcement of the Department of Agriculture and Consumer Services may enforce traffic laws of this state.
f. School safety officers may enforce all of the traffic laws of this state when such violations occur on or about any property or facilities that are under the guidance, supervision, regulation, or control of the district school board.
2. Any disciplinary action taken or performance evaluation conducted by an agency of the state as described in subparagraph 1. of a law enforcement officer’s traffic enforcement activity must be in accordance with written work-performance standards. Such standards must be approved by the agency and any collective bargaining unit representing such law enforcement officer. A violation of this subparagraph is not subject to the penalties provided in chapter 318.
3. The Division of the Florida Highway Patrol may employ as a traffic accident investigation officer any individual who successfully completes instruction in traffic accident investigation and court presentation through the Selective Traffic Enforcement Program as approved by the Criminal Justice Standards and Training Commission and funded through the National Highway Traffic Safety Administration or a similar program approved by the commission, but who does not necessarily meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary law enforcement officers under chapter 943. Any such traffic accident investigation officer who makes an investigation at the scene of a traffic accident may issue traffic citations, based upon personal investigation, when he or she has reasonable and probable grounds to believe that a person who was involved in the accident committed an offense under this chapter, chapter 319, chapter 320, or chapter 322 in connection with the accident. This subparagraph does not permit the officer to carry firearms or other weapons, and such an officer does not have authority to make arrests.
(b)1. The Department of Transportation has authority to enforce on all the streets and highways of this state all laws applicable within its authority.
2.a. The Department of Transportation shall develop training and qualifications standards for toll enforcement officers whose sole authority is to enforce the payment of tolls pursuant to s. 316.1001. Nothing in this subparagraph shall be construed to permit the carrying of firearms or other weapons, nor shall a toll enforcement officer have arrest authority.
b. For the purpose of enforcing s. 316.1001, governmental entities, as defined in s. 334.03, which own or operate a toll facility may employ independent contractors or designate employees as toll enforcement officers; however, any such toll enforcement officer must successfully meet the training and qualifications standards for toll enforcement officers established by the Department of Transportation.
3. For the purpose of enforcing s. 316.0083, the department may designate employees as traffic infraction enforcement officers. A traffic infraction enforcement officer must successfully complete instruction in traffic enforcement procedures and court presentation through the Selective Traffic Enforcement Program as approved by the Division of Criminal Justice Standards and Training of the Department of Law Enforcement, or through a similar program, but may not necessarily otherwise meet the uniform minimum standards established by the Criminal Justice Standards and Training Commission for law enforcement officers or auxiliary law enforcement officers under s. 943.13. This subparagraph does not authorize the carrying of firearms or other weapons by a traffic infraction enforcement officer and does not authorize a traffic infraction enforcement officer to make arrests. The department’s traffic infraction enforcement officers must be physically located in the state.
(2) COUNTIES.
(a) The sheriff’s office of each of the several counties of this state shall enforce all of the traffic laws of this state on all the streets and highways thereof and elsewhere throughout the county wherever the public has the right to travel by motor vehicle. 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 s. 316.006(3)(b).
(b) The sheriff’s office of each county may employ as a traffic crash investigation officer any individual who successfully completes instruction in traffic crash investigation and court presentation through the Selective Traffic Enforcement Program (STEP) as approved by the Criminal Justice Standards and Training Commission and funded through the National Highway Traffic Safety Administration (NHTSA) or a similar program approved by the commission, but who does not necessarily otherwise meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary law enforcement officers under chapter 943. Any such traffic crash investigation officer who makes an investigation at the scene of a traffic crash may issue traffic citations when, based upon personal investigation, he or she has reasonable and probable grounds to believe that a person who was involved in the crash has committed an offense under this chapter, chapter 319, chapter 320, or chapter 322 in connection with the crash. This paragraph does not permit the carrying of firearms or other weapons, nor do such officers have arrest authority.
(c) The sheriff’s office of each of the several counties of this state may employ as a parking enforcement specialist any individual who successfully completes a training program established and approved by the Criminal Justice Standards and Training Commission for parking enforcement specialists, but who does not necessarily otherwise meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary or part-time officers under s. 943.12.
1. A parking enforcement specialist employed by the sheriff’s office of each of the several counties of this state is authorized to enforce all state and county laws, ordinances, regulations, and official signs governing parking within the unincorporated areas of the county by appropriate state or county citation and may issue such citations for parking in violation of signs erected pursuant to s. 316.006(3) at parking areas located on property owned or leased by a county, whether or not such areas are within the boundaries of a chartered municipality.
2. A parking enforcement specialist employed pursuant to this subsection shall not carry firearms or other weapons or have arrest authority.
(3) MUNICIPALITIES.
(a) The police department of each chartered municipality shall enforce the traffic laws of this state on all the streets and highways thereof and elsewhere throughout the municipality wherever the public has the right to travel by motor vehicle. 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 s. 316.006(2)(b). 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.
(b) The police department of a chartered municipality may employ as a traffic crash investigation officer any individual who successfully completes instruction in traffic crash investigation and court presentation through the Selective Traffic Enforcement Program (STEP) as approved by the Criminal Justice Standards and Training Commission and funded through the National Highway Traffic Safety Administration (NHTSA) or a similar program approved by the commission, but who does not otherwise meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary law enforcement officers under chapter 943. Any such traffic crash investigation officer who makes an investigation at the scene of a traffic crash is authorized to issue traffic citations when, based upon personal investigation, he or she has reasonable and probable grounds to believe that a person involved in the crash has committed an offense under the provisions of this chapter, chapter 319, chapter 320, or chapter 322 in connection with the crash. This paragraph does not permit the carrying of firearms or other weapons, nor do such officers have arrest authority.
(c)1. A chartered municipality or its authorized agency or instrumentality may employ as a parking enforcement specialist any individual who successfully completes a training program established and approved by the Criminal Justice Standards and Training Commission for parking enforcement specialists, but who does not otherwise meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary or part-time officers under s. 943.12.
2. A parking enforcement specialist employed by a chartered municipality or its authorized agency or instrumentality is authorized to enforce all state, county, and municipal laws and ordinances governing parking within the boundaries of the municipality employing the specialist, or, pursuant to a memorandum of understanding between the county and the municipality, within the boundaries of the county in which the chartered municipality or its authorized agency or instrumentality is located, by appropriate state, county, or municipal traffic citation.
3. A parking enforcement specialist employed pursuant to this subsection may not carry firearms or other weapons or have arrest authority.
(4)(a) Any sheriff’s department, or any police department of a municipality, may employ as a traffic control officer any individual who successfully completes at least 8 hours of instruction in traffic control procedures through a program approved by the Division of Criminal Justice Standards and Training of the Department of Law Enforcement, or through a similar program offered by the local sheriff’s department or police department, but who does not necessarily otherwise meet the uniform minimum standards established by the Criminal Justice Standards and Training Commission for law enforcement officers or auxiliary law enforcement officers under s. 943.13. A traffic control officer employed pursuant to this subsection may direct traffic or operate a traffic control device only at a fixed location and only upon the direction of a fully qualified law enforcement officer; however, it is not necessary that the traffic control officer’s duties be performed under the immediate supervision of a fully qualified law enforcement officer.
(b) In the case of a special event or activity in relation to which a nongovernmental entity is paying for traffic control on public streets, highways, or roads, traffic control officers may be employed to perform such traffic control responsibilities only when off-duty, full-time law enforcement officers, as defined in s. 943.10(1), are unavailable to perform those responsibilities. However, this paragraph may not be construed to limit the use of traffic infraction enforcement officers for traffic enforcement purposes.
(c) This subsection does not permit the carrying of firearms or other weapons, nor do traffic control officers have arrest authority.
(5)(a) Any sheriff’s department or police department of a municipality may employ, as a traffic infraction enforcement officer, any individual who successfully completes instruction in traffic enforcement procedures and court presentation through the Selective Traffic Enforcement Program as approved by the Division of Criminal Justice Standards and Training of the Department of Law Enforcement, or through a similar program, but who does not necessarily otherwise meet the uniform minimum standards established by the Criminal Justice Standards and Training Commission for law enforcement officers or auxiliary law enforcement officers under s. 943.13. Any such traffic infraction enforcement officer who observes the commission of a traffic infraction or, in the case of a parking infraction, who observes an illegally parked vehicle may issue a traffic citation for the infraction when, based upon personal investigation, he or she has reasonable and probable grounds to believe that an offense has been committed which constitutes a noncriminal traffic infraction as defined in s. 318.14. In addition, any such traffic infraction enforcement officer may issue a traffic citation under ss. 316.0083 and 316.1896. For purposes of enforcing ss. 316.0083, 316.1895, and 316.183, any sheriff’s department or police department of a municipality may designate employees as traffic infraction enforcement officers. The traffic infraction enforcement officers must be physically located in the county of the respective sheriff’s or police department.
(b) The traffic infraction enforcement officer shall be employed in relationship to a selective traffic enforcement program at a fixed location or as part of a crash investigation team at the scene of a vehicle crash or in other types of traffic infraction enforcement under the direction of a fully qualified law enforcement officer; however, it is not necessary that the traffic infraction enforcement officer’s duties be performed under the immediate supervision of a fully qualified law enforcement officer.
(c) This subsection does not permit the carrying of firearms or other weapons, nor do traffic infraction enforcement officers have arrest authority other than the authority to issue a traffic citation as provided in this subsection.
(6) MOBILE HOME PARK RECREATION DISTRICTS.Notwithstanding subsection (2) or subsection (3), the sheriff’s office of each of the several counties of this state and the police department of each chartered municipality have authority, but are not required, to enforce the traffic laws of this state on any way or place used for vehicular traffic on a controlled access basis within a mobile home park recreation district which has been created under s. 418.30 and the recreational facilities of which district are open to the general public.
(7) CONSTRUCTION OF CHAPTER 87-88, LAWS OF FLORIDA.For purposes of traffic control and enforcement, nothing in chapter 87-88, Laws of Florida, shall be construed to classify any road which has been dedicated or impliedly dedicated for public use, and which has been constructed and is open to the use of the public for vehicular traffic, as a private road or driveway.
(8) TRAFFIC ENFORCEMENT AGENCY.
(a) Any agency or governmental entity designated in subsection (1), subsection (2), or subsection (3), including a university, a Florida College System institution, a school board, or an airport authority, is a traffic enforcement agency for purposes of this section and s. 316.650.
(b) A traffic enforcement agency may not establish a traffic citation quota.
History.s. 1, ch. 71-135; ss. 1, 2, ch. 73-24; s. 1, ch. 76-31; s. 1, ch. 76-270; s. 3, ch. 79-246; s. 11, ch. 83-167; ss. 4, 5, ch. 87-88; s. 2, ch. 87-178; s. 7, ch. 87-270; s. 1, ch. 90-177; s. 1, ch. 92-18; s. 17, ch. 93-164; s. 4, ch. 93-404; s. 30, ch. 94-306; s. 1, ch. 94-334; s. 138, ch. 94-356; s. 1, ch. 95-141; s. 904, ch. 95-148; s. 3, ch. 96-276; s. 37, ch. 96-350; s. 87, ch. 99-245; ss. 6, 244, ch. 99-248; s. 109, ch. 2002-20; s. 11, ch. 2002-205; s. 46, ch. 2002-295; s. 26, ch. 2003-1; s. 18, ch. 2003-286; s. 6, ch. 2005-120; s. 2, ch. 2009-216; s. 9, ch. 2010-80; s. 15, ch. 2011-66; s. 13, ch. 2012-88; s. 44, ch. 2013-15; s. 2, ch. 2013-171; s. 1, ch. 2015-15; s. 11, ch. 2016-239; s. 10, ch. 2019-141; s. 10, ch. 2023-174.
Note.Former s. 316.016.

F.S. 316.640 on Google Scholar

F.S. 316.640 on CourtListener

Amendments to 316.640


Annotations, Discussions, Cases:

Cases Citing Statute 316.640

Total Results: 36  |  Sort by: Relevance  |  Newest First

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Morley's Auto Body, Inc. v. Hunter, 70 F.3d 1209 (11th Cir. 1996).

Cited 15 times | Published | Court of Appeals for the Eleventh Circuit

...Because any expectations arising from the wrecker rotation policy of a county sheriff are not grounded in Florida law, such a policy does not give rise to a constitutionally protected property interest. 16 The plaintiffs rely on Fla.Stat.Ann. sections 30.15, 30.53, and 316.640 as support for the proposition that Florida county sheriffs have authority to promulgate wrecker service regulations that have the effect of creating a legal entitlement....
...Section 30.53 preserves the independence of sheriffs "concerning the purchase of supplies and equipment, selection of personnel ... setting of salaries," but says nothing about the promulgation of regulations. Fla.Stat.Ann. Sec. 30.53 (West 1988). Section 316.640 authorizes the sheriff to "enforce all of the traffic laws" and to employ a "parking enforcement specialist" to assist in the issuance of parking tickets. Fla.Stat.Ann. Sec. 316.640 (West 1989)....
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State v. Parsons, 569 So. 2d 437 (Fla. 1990).

Cited 13 times | Published | Supreme Court of Florida | 1990 WL 165311

...law. Both the trial and district courts agreed and ordered the charges dismissed. Parsons, 549 So.2d at 763. In reaching this conclusion, the Third District and trial court relied upon two rules of construction. First, the district court found that section 316.640, Florida Statutes (1987), contained a detailed list of those law enforcement officers empowered to detain persons for violating the traffic laws....
...(5), Fla. Stat. Reasoning that traffic offenses were not "under [Marine Patrol] jurisdiction," the district court affirmed the trial court on another matter. In its order, the trial court had found that section 370.021 was a general statute and that section 316.640 was a specific statute....
...Applying the rule that specific statutes are regarded as exceptions to inconsistent general statutes, the trial court had concluded that the Marine Patrol officers had no authority to detain Parsons. The resolution of this case requires an examination of the origins of both section 316.640 and section 370.021. The first of these statutes was created in 1971 as part of a broad, omnibus revision of state traffic laws. At that time, section 316.640 was numbered as section 316.016; but the operative language at issue in the present case, while greatly refined in the intervening years, was essentially the same as it is today....
...." Id. at 345 (title) (emphasis added). There were no other words of limitation. In light of this history, we cannot agree with the trial court's conclusion that the second of these statutes was a "general" statute. If anything, the reverse is true. Section 316.640 is the general grant of authority to make arrests....
...rs that can enforce the laws of Florida. This is not so. If the legislature chooses, it can name those officers in scattered locations throughout the Florida Statutes. While a single list might be preferable, it is not required. The list provided in section 316.640 does not on its face purport to be exclusive....
...We remand for further proceedings consistent with the views expressed here. It is so ordered. SHAW, C.J., and OVERTON, McDONALD, EHRLICH and GRIMES, JJ., concur. BARKETT, J., dissents with an opinion. BARKETT, J., dissenting. I believe the majority errs when it characterizes section 316.640, Florida Statutes (1987), as a general statute and section 370.021, Florida Statutes (1987), as a specific statute....
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Alderman v. Lámar, 493 So. 2d 495 (Fla. 5th DCA 1986).

Cited 7 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1737

...An underlying statutory duty of care is also absent in this case. The personal representative tries to establish liability grounded upon duties imposed upon law enforcement officers by Florida Statutes and by various Florida Highway Patrol regulations. Section 316.640, Florida Statutes, imposes various duties upon the sheriff's office, including the enforcement of all the traffic laws of the state....
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Pierre v. State, 732 So. 2d 376 (Fla. 2d DCA 1999).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 1999 WL 104408

...to suppress. The single issue to resolve in this case is whether there was a legal basis to conduct a warrantless search of the vehicle. We agree with the trial court that there was a legal basis to stop Pierre's vehicle for running a stop sign. See § 316.640, Fla....
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State v. Nelson, 577 So. 2d 971 (Fla. 4th DCA 1991).

Cited 4 times | Published | Florida 4th District Court of Appeal | 1991 WL 40056

...That statute, section 784.07(2), Florida Statutes (1989), states in part: Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, a firefighter, an intake officer as defined in § 39.01, or a parking enforcement specialist as defined in § 316.640, while the officer, firefighter, intake officer, or parking enforcement specialist is engaged in the lawful performance of his duties, the offense for which the person is charged shall be reclassified as follows: (Emphasis added)....
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Morley's Auto Body, Inc. v. Hunter, 70 F.3d 1209 (11th Cir. 1995).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1995 WL 707460

...Because any expectations arising from the wrecker rotation policy of a county sheriff are not grounded in Florida law, such a policy does not give rise to a constitutionally protected property interest. The plaintiffs rely on Fla.Stat.Ann. sections 30.15, 30.53, and 316.640 as support for the proposition that Florida county sheriffs have authority to promulgate wrecker service regulations that have the effect of creating a legal entitlement....
...Section 30.53 preserves the independence of sheriffs "concerning the purchase of supplies and equipment, selection of personnel ... setting of salaries," but says nothing about the promulgation of regulations. Fla.Stat.Ann. § 30.53 (West 1988). Section 316.640 authorizes the sheriff to "enforce all of the traffic laws" and to employ a "parking enforcement specialist" to assist in the issuance of parking tickets. Fla.Stat.Ann. § 316.640 (West 1989)....
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State v. Parsons, 549 So. 2d 761 (Fla. 3d DCA 1989).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 1989 WL 114466

...ke traffic stops for noncriminal traffic infractions. The Court finds, as a matter of statutory interpretation, that the Florida Marine Patrol does not have the authority to detain and cite drivers for noncriminal traffic offenses. Florida Statutes, Section 316.640, specifically identifies the law enforcement agencies that have the power to enforce the traffic laws of the state....
...aw enforcement. The Court disagrees for two reasons. First, another rule of statutory construction provides that laws specifically addressing certain topics must be given priority over general laws. Thus, the specific provisions of Florida Statutes, Section 316.640, would govern over the general provisions of Section 370.021....
...Diers, 532 So.2d 1271 (Fla. 1988) (adopting State v. Weston, 510 So.2d 1001 *764 (Fla. 3d DCA 1987)); Thayer v. State, 335 So.2d 815 (Fla. 1976). In the light of these principles, it seems clear that the studied inclusion of various kinds of law enforcement officers in section 316.640, Florida Statutes (1987), [1] which deals specifically with the precise subject matter of this case, the enforcement of the traffic laws of our state, 49 Fla.Jur.2d Statutes § 126 (1984), clearly excludes the possibility of providing...
...The perfectly proper result that we reach may come as a surprise to the Florida Marine Patrol. [1] I write separately only to point out that the legislature may confer jurisdiction on the Florida Marine Patrol to enforce state traffic laws simply by expressly including them in chapter 316.640, Florida Statutes (1987)....
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City of Aventura v. Masone, 89 So. 3d 233 (Fla. 3d DCA 2011).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2011 WL 5964359, 2011 Fla. App. LEXIS 19039

who disobey an official traffic device.... Section 316.640(5)(a), Florida Statutes, requires that citations
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City of Orlando v. Udowychenko, 98 So. 3d 589 (Fla. 5th DCA 2012).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2012 WL 2600293, 2012 Fla. App. LEXIS 10875

...In this instance, the ordinance and section 816.075(l)(c) both penalize the same conduct-the failure to obey red light traffic signals. Further, according to this chapter, the punishment and fines are covered by chapter 318. Consequently, the City’s ordinance conflicts with state law. Section 316.640(5)(a), Florida Statutes (2009), provides for the issuance of a traffic citation based upon personal observation of the commission of a traffic infraction....
...ue a traffic citation for the infraction when, based upon personal investigation, he or she has reasonable and probable grounds to believe that an offense has been committed which constitutes a noncriminal traffic infraction as defined in s. 318.14. § 316.640(5)(a), Fla....
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In Re Stand. Jury Instructions in Crim. Cases—Report No. 2016-08, 211 So. 3d 995 (Fla. 2017).

Cited 1 times | Published | Supreme Court of Florida

...bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. § 316.640, Fla....
...Criminal Justice Standards and Training Commission and funded through the National Highway Traffic Safety Administration or a similar program approved by the Criminal Justice Standards and Training Commission, and who is employed by (insert relevant agency listed in § 316.640, Fla. Stat.). § 316.640, Fla....
...ogram as - 21 - approved by the Division of Criminal Justice Standards and Training of the Department of Law Enforcement, or through a similar program, and who is employed by (insert relevant agency listed in § 316.640, Fla....
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Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

...l and specifications of 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." Section 316.640 , Florida Statutes, provides generally 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...
...eying their interest in such roads, rights-of-way, and appurtenant drainage facilities to a homeowners' association for the subdivision in the manner provided by section 316.00825, Florida Statutes. Sincerely, Charlie Crist Attorney General CC/tgh 1 Section 316.640 (3)(a), Fla....
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Ago (Fla. Att'y Gen. 1989).

Published | Florida Attorney General Reports

...Brown Attorney for City of Mulberry Post Office Drawer 1900 Lakeland, Florida 33802 Dear Mr. Brown: As attorney for the City of Mulberry, you have asked substantially the following question: Is the City Police Department of the City of Mulberry authorized by s. 316.640 , F.S., to enforce the state traffic laws on a state road which runs between annexed areas of the city and is within the city limits? In sum: The City of Mulberry Police Department is authorized by s. 316.640 (3)(a), F.S., to enforce state traffic laws on a state road within the geographical limits of the city although the road itself has not been annexed....
...The City of Mulberry has annexed properties through the voluntary annexation procedure in s. 171.044 , F.S. These properties are located on the east and west side of a state road; the state road itself was not annexed. The state road is, however, within the geographical city limits. Section 316.640 (3)(a), F.S., provides in part that: The police department of each chartered municipality shall enforce the traffic laws of this state on all the streets and highways thereof and elsewhere throughout the municipality wherever the public has the right to travel by motor vehicle....
...that the requirements on a given road would be uniform, but it is also understandable that the Legislature would permit the enforcement of these requirements by any lawful law enforcement officer." 2 Therefore, the City of Mulberry is authorized by s. 316.640 (3)(a), F.S., to enforce the state traffic laws on state roads located within the city limits although such roads have not been annexed by the city....
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City of Oldsmar v. Trinh, 210 So. 3d 191 (Fla. 2d DCA 2016).

Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 16012

...DOES SECTION 316.0083(1)(a) AUTHORIZE A MUNICIPALITY TO CONTRACT WITH A THIRD PARTY VENDOR TO SORT IMAGES FROM A TRAFFIC INFRACTION DETECTOR SYSTEM INTO QUEUES BASED ON WRITTEN DIRECTIVES FROM THE MUNICIPALITY? 2. DO SECTIONS 316.640(5)(a) AND 316.0083, FLORIDA STATUTES, PROHIBIT A MUNICIPALITY FROM CONTRACTING WITH A THIRD PARTY VENDOR TO ELECTRONICALLY GENERATE AND MAIL A NOTICE OF VIOLATION AND UNIFORM TRAFFIC CIT...
...(2013). The Act provides further, in pertinent part, as follows: (1)(a) For purposes of administering this section, the department, a county, or a municipality may authorize a traffic infraction enforcement officer under s. 316.640 to issue a traffic citation for a violation of s....
...ise meet the uniform minimum standards established by the Criminal Justice Standards and Training Commission for law enforcement officers or auxiliary law enforcement officers under s. 943.13. § 316.640(5)(a) (emphasis added). II....
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City of Hollywood, a political subdivision of the State of Florida v. Eric Arem, 154 So. 3d 359 (Fla. 4th DCA 2014).

Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 16790, 2014 WL 5149159

...ers have the legal authority to issue citations for traffic infractions, which means only law enforcement officers and traffic enforcement officers are entitled to determine who gets prosecuted for a red light violation. See § 316.0083(3); see also § 316.640, Fla....
...By statute, a traffic enforcement officer in a municipality must: (1) be an employee of the sheriff’s or police department; (2) successfully complete the program as described in the statute; and (3) be physically located in the county of the sheriff’s or police department. § 316.640(5)(a). Section 316.640(5)(a) permits employees of a sheriff’s department or police department of a municipality, without conveying arrest powers, to become TIEOs empowered to issue traffic citations under section 316.0083....
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Ago (Fla. Att'y Gen. 1983).

Published | Florida Attorney General Reports

...; however, the association has stated that it does not wish all the provisions of Ch. 316 to apply to its roads. You therefore inquire whether the police department of the City of Alachua may enforce the provisions of Ch. 316 within the development. Section 316.640 (3)(a), F.S., sets forth the authority of a municipality to enforce the traffic laws of this state by providing in pertinent part: The police department of each chartered municipality shall enforce the traffic laws of this state on al...
...are applicable to public streets). Thus it is the availability of the area for, and the right to, the general and common use thereof by the public which makes it a quasi-public area and provides authority for the public control thereon pursuant to s 316.640 (3)(a)....
...given ready access to this development and thereby acquired a right to travel by motor vehicle on the roads therein, then the right of the motoring public may well be established and the municipal police department would be authorized pursuant to s 316.640 (3)(a) to enforce the provisions of Ch....
...here "the public has the right to travel by motor vehicle." (e.s.) I would note that in those areas in which the public does not have a right to travel by motor vehicle, the municipal police department has not been granted enforcement authority by s 316.640 (3)(a)....
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Ago (Fla. Att'y Gen. 1981).

Published | Florida Attorney General Reports

arrest under the foregoing circumstances. Section 316.640(3)(a), F.S., requires the police department
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State v. Stember, 565 So. 2d 725 (Fla. 3d DCA 1990).

Published | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 3886, 1990 WL 70628

...3d DCA 1989), rev. pending, (Fla. Case No. 74,874). We reach this conclusion by applying general rules of statutory construction. There must be specific statutory authority to allow the officers to investigate and issue citations for civil violations. Section 316.640, Florida Statutes (1987), which creates the process for enforcing the traffic laws of this state, fails to include Marine Patrol officers as among those specifically vested with authority to enforce traffic violations....
...Nor do the Marine Patrol officers’ general arrest powers cover a civil traffic infraction as no arrest is possible. It is up to the legislature to confer jurisdiction on the Florida Marine Patrol to enforce state traffic laws by expressly including them in section 316.640....
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Luis Torres Jimenez v. State of Florida, etc., 246 So. 3d 219 (Fla. 2018).

Published | Supreme Court of Florida

...The officer's review and determination in this regard is far from a mere rubber stamp. As the trial court expressly found, "[o]f the images reviewed by the City's police officers, only between sixty-five percent (65%) and seventy percent (70%) are approved as a violation." Id. at 163 (alteration in original); see § 316.640(1)(b)3., Fla....
...Parks, LLC , 986 So.2d 1260 , 1265 (Fla. 2008) ). Section 316.0083(1)(a), in its entirety, provides: For purposes of administering this section, the department, a county, or a municipality may authorize a traffic infraction enforcement officer under s. 316.640 to issue a traffic citation for a violation of s....
...The toll violation statutory scheme authorized "a toll enforcement officer to issue" citations for toll violations and allowed toll operators to employ "independent contractors or designate employees as toll enforcement officers." § 316.1001(2)(a), Fla. Stat. (2009) ; id. § 316.640(1)(b)2.b....
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Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

...8 This office has previously stated that the provisions of Chapter 316 , Florida Statutes, are enforceable on private property only when the public has a right to travel by motor vehicle on such property. 9 This conclusion is based on the language of section 316.640 , Florida Statutes, which provides, in part, that counties and municipalities shall enforce state traffic laws on all streets and highways "wherever the public has the right to travel by motor vehicle." 10 It is the availability of th...
...then provisions of Ch. 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). 10 See s. 316.640 (2)(a) and (3)(a), Fla....
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Dean v. Rouillier, 597 So. 2d 961 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 4782, 1992 WL 86184

...he auxiliary deputy was not an employee or agent of Florida Power. We begin our analysis by observing that the Sheriff’s Office of each county has the vested authority to enforce all the traffic laws of the state on all state streets and highways. Section 316.640(2)(a), Fla....
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Ago (Fla. Att'y Gen. 1988).

Published | Florida Attorney General Reports

...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. 2. A municipal police department is authorized, but not required, by s. 316.640 (4), F.S., to enforce the traffic laws within a mobile home park recreation district as described in that subsection....
...This office has, in a number of prior opinions, stated that the provisions of Ch. 316 , F.S., are enforceable on private property only when the public has a right to travel by motor vehicle on such property. This conclusion was based on the language of s. 316.640 , F.S., which provides, in part, that municipalities shall enforce state traffic laws on all municipal streets and highways "wherever the public has the right to travel by motor vehicle." 1 It is the availability of the area or place for t...
...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. Such other terms as are mutually agreeable to the parties may also be included in the agreement. 8 Section 316.640 , F.S., provides generally 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." Section 316.640 (3), F.S., now 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 ....
...strict 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. In addition, a municipal police department is now specifically authorized, but not required, by s. 316.640 (4), F.S., to enforce the traffic laws of this state within a mobile home park recreation district as described in that section....
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Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

...and specifications of 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." Section 316.640 , Florida Statutes, provides generally 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...
...es, or elsewhere authorizes the city to limit the right of the public to use such roadways for the exclusive benefit of the home owners in the area and their invitees. Sincerely, Charlie Crist Attorney General CC/tgh 1 Section 316.002 , Fla. Stat. 2 Section 316.640 (3)(a), Fla....
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In Re Stand. Jury Instructions in Crim. Cases-report No. 2013-04, 166 So. 3d 161 (Fla. 2015).

Published | Supreme Court of Florida | 2015 WL 3496499

...bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. § 316.640, Fla....
...Criminal Justice Standards and Training Commission and funded through the National Highway Traffic Safety Administration or a similar program approved by the Criminal Justice Standards and Training Commission, and who is employed by (insert relevant agency listed in § 316.640, Fla. Stat.). - 25 - § 316.640, Fla....
...court presentation through the Selective Traffic Enforcement Program as approved by the Division of Criminal Justice Standards and Training of the Department of Law Enforcement, or through a similar program, and who is employed by (insert relevant agency listed in § 316.640, Fla....
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Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

...This office has previously stated that the provisions of Chapter 316 , Florida Statutes, are enforceable on private property only when the public has a right to travel by motor vehicle on such property. 2 This conclusion was based on the language of section 316.640 , Florida Statutes, which provides, in part, that counties and municipalities shall enforce state traffic laws on all streets and highways "wherever the public has the right to travel by motor vehicle." 3 It is the availability of the...
...then provisions of Ch. 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....
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State Ex Rel. City of Aventura v. Jimenez, 211 So. 3d 158 (Fla. Dist. Ct. App. 2016).

Published | District Court of Appeal of Florida | 2016 Fla. App. LEXIS 11373

devices "exhibiting different colored lights”); § 316.640(3), Fla. Stat. (2015) (providing for traffic laws
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Ago (Fla. Att'y Gen. 2005).

Published | Florida Attorney General Reports

CertainLands, 19 So.2d 234 (Fla. 1944). 3 Section 316.640(5)(a), Fla. Stat. 4 See s. 316.075(1)(a), indicating
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Ago (Fla. Att'y Gen. 1996).

Published | Florida Attorney General Reports

such property.3 This conclusion is based on section 316.640, Florida Statutes, which provides, in part
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In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-09., 262 So. 3d 59 (Fla. 2019).

Published | Supreme Court of Florida

...bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. § 316.640, Fla....
...Criminal Justice Standards and Training Commission and funded through the National Highway Traffic Safety Administration or a similar program approved by the Criminal Justice Standards and Training Commission, and who is employed by (insert relevant agency listed in § 316.640, Fla. Stat.). § 316.640, Fla....
...court presentation through the Selective Traffic Enforcement Program as approved by the Division of Criminal Justice Standards and Training of the Department of Law Enforcement, or through a similar program, and who is employed by (insert relevant agency listed in § 316.640, Fla....
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Ago (Fla. Att'y Gen. 1997).

Published | Florida Attorney General Reports

...ear to fall within this specifically granted authority. It remains questionable, however, whether an unmanned "electronic traffic infraction detector" may independently be used as the basis for issuing citations for violations of these traffic laws. Section 316.640 (2), Florida Statutes, vests the sheriff's office of each county with the authority to enforce all of the traffic laws of this state on all streets and highways throughout the county where the public has a right to travel....
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Ago (Fla. Att'y Gen. 1997).

Published | Florida Attorney General Reports

...n 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....
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Steven J. Pincus v. Am. Traffic Solutions, Inc. (11th Cir. 2021).

Published | Court of Appeals for the Eleventh Circuit

...318 sets forth penalties for photo-enforced red light infractions, ATS points out that traffic enforcement officers may issue traffic citations through Chapter 318 or Chapter 316 and thus that enforcement may occur through either chapter. See Fla. Stat. § 316.640(5)(a) (providing that traffic infraction enforcement officers may issue citations for noncriminal traffic offenses “as defined in s....
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Florida Police Benevolent Ass'n v. Florida Dep't of Agric. & Consum. Servs., 557 So. 2d 146 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 986, 1990 WL 13534

...he effect that a statutory reference to particular items implies the exclusion of similar matters which are not mentioned.... In the light of these principles, it seems clear that the studied inclusion of various kinds of law enforcement officers in section 316.640, Florida Statutes (1987), which deals specifically with the precise subject matter of this case, the enforcement of the traffic laws of our state, 49 Fla.Jur.2d Statutes § 126 (1984), clearly excludes the possibility of providing such authority to Marine Patrol officers, who are just as clearly not mentioned....
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Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

...ther, the construction of the gated driveway would be on property that is privately owned where the public does not have a right to travel. 4 See, e.g., Ops. Att'y Gen. Fla. 79-14 (1979), 92-42 (1992), and 99-15 (1999). 5 I would note, however, that section 316.640 (3)(a), Florida Statutes, sets forth the authority of a municipality to enforce the traffic laws of this state by providing in pertinent part: "The police department of each chartered municipality shall enforce the traffic laws of thi...
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Ago (Fla. Att'y Gen. 1984).

Published | Florida Attorney General Reports

...WHETHER THE CITY OF BUSHNELL MAY ENTER INTO AN INTERLOCAL AGREEMENT WITH THE SHERIFF OF SUMTER COUNTY PROVIDING FOR CONCURRENT TRAFFIC ENFORCEMENT JURISDICTION OVER ROADWAYS WITHIN THE CATEGORIES LISTED ABOVE PURSUANT TO s 163.01 , F.S. QUESTION ONE Section 316.640 , F.S., vests enforcement of the traffic laws of this state with respect to counties and municipalities as follows: (2) COUNTIES....
...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. (e.s.) Therefore, with respect to the three categories of roadways you describe, the sheriff's office of Sumter County is vested by s 316.640 (2), F.S., with jurisdiction to enforce the traffic laws of the state on all such roadways within Sumter County, including those roadways lying partially or wholly within the corporate limits of the City of Bushnell. Compare, AGO 76-19 concluding in relevant part that a sheriff may enforce Ch. 316 , F.S., throughout the county. However, inasmuch as the police department of the City of Bushnell is vested by s 316.640 (3), F.S., with jurisdiction to enforce state traffic laws only on the streets and highways of the municipality and elsewhere throughout the municipality where the public has the right to travel by motor vehicle, the police department has no jurisdiction to enforce such laws outside the municipal boundaries....
...ority than is possessed by each of the contracting agencies or permit the exercise of powers not shared in common and not separately exercisable by each such agency. See, AGO's 77-15 and 77-16. Compare, AGO 74-220. Since subsections (2) and (3) of s 316.640 , F.S., vest concurrent power to enforce the traffic control law on all streets or highways or portions thereof located within the territorial boundaries of the city in the sheriff's office and the city police department, no legal purpose wou...
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Ago (Fla. Att'y Gen. 1998).

Published | Florida Attorney General Reports

sheriffs are authorized to make arrests.2 Section 316.640(1)(f), Florida Statutes, provides: "School
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Ago (Fla. Att'y Gen. 2009).

Published | Florida Attorney General Reports

are controlled by the association." (e.s.) Section 316.640, Florida Statutes, directs the enforcement

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.