Can a Florida town control traffic on a highway just outside its town limits?

Subject

Traffic Control Jurisdiction - Municipalities

Plain-English summary

The Town of Lady Lake asked whether it could exercise traffic control over a federal or county highway that runs next to the town but is not inside the town's limits. The AG's answer was no.

Section 316.006(2), Florida Statutes, spells out a municipality's jurisdiction over streets and highways. Chartered municipalities have original jurisdiction over all streets and highways within their boundaries (except state roads), and can place traffic control devices on them. A municipality can also reach certain private or special-district limited-access roads within its boundaries by written agreement. The common thread is "within its boundaries." The Florida Uniform Traffic Control Law (Chapter 316) reinforces that its provisions are uniform statewide and that no local authority may regulate a matter the chapter covers unless expressly authorized.

The AG noted that section 316.008 gives local authorities powers over the streets and highways under their jurisdiction, including nonexclusive jurisdiction to prosecute violations occurring within the municipality when charged by a municipal officer. Reading these together with prior opinions, the AG concluded a municipality's traffic-control authority is limited to roads within its geographical boundaries, so Lady Lake could not control traffic on an abutting federal or county highway outside its limits. The AG added that a municipality also has no authority to enforce traffic laws outside its jurisdictional limits.

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Where does a Florida town's traffic-control authority reach?
Under section 316.006(2), a chartered municipality has original jurisdiction over all streets and highways within its boundaries except state roads, and may place conforming traffic control devices on those roads. The authority is tied to the municipal boundaries.

Can a town control a highway that just borders it?
No. The AG concluded that a municipality does not have traffic-control jurisdiction over a street or highway not located within its jurisdictional boundaries, including a federal or county highway that abuts the town.

Can a town reach roads inside its limits that it doesn't own, like private roads?
Sometimes. Section 316.006(2)(b) lets a municipality exercise jurisdiction over a private road, or a limited-access road owned or controlled by a special district, located within its boundaries, but only by a written agreement approved by the municipal governing body.

Can a town enforce traffic laws outside its limits?
No. The AG noted it is equally clear that a municipality has no authority to enforce traffic laws outside its jurisdictional limits, citing State v. Williams.

Background and statutory framework

Chapter 316, the Florida Uniform Traffic Control Law, makes traffic regulation uniform throughout the state and limits local authorities to matters expressly authorized (section 316.007). Section 316.006(2) defines municipal jurisdiction over streets and highways, anchoring it to roads within the municipality's boundaries and allowing agreements to reach certain private or special-district roads within those boundaries. Section 316.008 sets out the powers of local authorities over roads under their jurisdiction, including the nonexclusive prosecution authority in subsection (2) for violations occurring within the municipality and charged by a municipal officer.

The AG relied on a line of prior opinions (including 04-13, 01-06, 80-100, 81-41, and 89-57) for the proposition that a municipality's jurisdiction over streets and highways is limited to those within its geographical boundaries, and on State v. Williams for the related point that a municipality cannot enforce traffic laws beyond its limits.

Citations

• Section 316.006(2), Florida Statutes; Chapter 316, Florida Statutes
• Sections 316.007 and 316.008 (including (2)), Florida Statutes
• State v. Williams, 303 So. 2d 74 (Fla. 3d DCA 1974)
• Attorney General Opinions 04-13, 01-06, 80-100, 81-41, and 89-57

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/traffic-control-jurisdiction-municipalities
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/1550

Original opinion text

Mr. Derek A. Schroth

Attorney for the Town of Lady Lake

600 Jennings Avenue

Eustis, Florida 32726

RE: MUNICIPALITIES – UNIFORM TRAFFIC CONTROL – FEDERAL HIGHWAYS – authority of municipality to control traffic on highway outside of municipal jurisdiction. ss. 316.007 and 316.008, Fla. Stat.

Dear Mr. Schroth:

On behalf of the Town of Lady Lake, you ask substantially the following question:

May a town exercise traffic control over a federal highway or a county highway abutting, but not located within the town’s jurisdictional limits?

In sum:

A town does not have traffic control jurisdiction on a federal highway or a county highway which is not located within the town’s jurisdictional limits.

Section 316.006(2), Florida Statutes, sets forth the jurisdiction a municipality possesses over streets and highways:

"(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 devices which conform to the manual 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.

(b) 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 municipality and party or parties owning or controlling 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 . . . ." (e.s.)

The plain language of the statute limits a municipality’s jurisdiction only to roads within the territorial boundaries of the municipality. Moreover, the "Florida Uniform Traffic Control Law"[1] makes clear that the provisions of the chapter are applicable and uniform throughout the state and that no local authority may enact or enforce any ordinance on a matter covered by the chapter unless expressly authorized to do so.[2]

Section 316.008, Florida Statutes, sets forth the powers of local authorities over the streets and highways under their jurisdiction, including "nonexclusive jurisdiction over the prosecution, trial, adjudication, and punishment of violations of this chapter when a violation occurs within the municipality and the person so charged is charged by a municipal police officer."[3] This office has recognized that a municipality’s jurisdiction over streets and highways is limited to those within its geographical boundaries.[4]

Accordingly, it is my opinion that a municipality does not have traffic control jurisdiction over a street or highway which is not located within the jurisdictional boundaries of the municipality.[5]

Sincerely,

Pam Bondi

Attorney General

PB/tals

[1] Chapter 316, Fla. Stat.

[2] Section 316.007, Fla. Stat.

[3] Section 316.008(2), Fla. Stat.

[4] See Ops. Att’y Gen. Fla. 04-13 (2004), 01-06 (2001), 80-100 (1980) (municipality may not exercise police jurisdiction over a federal highway/state road which is contiguous to but not within the corporate limits of the city); 81-41 (1981) (municipality may provide police protection on federal highway/state roads which are physically located within the corporate boundaries of the municipality); 89-57 (1989) (city is authorized to enforce state traffic laws on a state road within the geographical limits of the city even though road itself is not annexed). But see Op. Att’y Gen. Fla. 89-36 (1989) (municipality may not enact "anti-cruising" ordinance enforceable on state roads within its boundaries as control and regulation of state roads is vested with DOT).

[5] It is equally clear that a municipality has no authority to enforce traffic laws outside its jurisdictional limits, as discussed in State v. Williams, 303 So. 2d 74 (Fla. 3d DCA 1974), case dismissed, 314 So. 2d 591 (Fla. 1975).