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  1. #1

    Default Careless Driving In A Parking Garage in Florida

    My brother was in a parking garage and was involved in a minor accident where he was cited by a Volusia County Beach Patrol officer who witnessed this take place. My question is did the officer have jurisdiction to do that? I pulled up some information on FL law and w/o being a legal expert it would seem like the officer may have overstepped his authority. Thanks in advance!

    316.1925 Careless driving.--

    (1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.

    (2) Any person who violates this section shall be cited for a moving violation, punishable as provided in chapter 318.


    316.006 Jurisdiction.

    2(3) COUNTIES.--

    (a) Counties 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), 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 county 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 in the unincorporated area within its boundaries if the county and party or parties owning or controlling such road or roads provide, by written agreement approved by the governing body of the county, for county traffic control jurisdiction over the road or roads encompassed by such agreement. Pursuant thereto:

    2. Prior to entering into an agreement which provides for enforcement of the traffic laws of the state over a private road or roads, or over any limited access road or roads owned or controlled by a special district, the governing body of the county shall consult with the sheriff. No such agreement shall take effect prior to October 1, the beginning of the county fiscal year, unless this requirement is waived in writing by the sheriff.

  2. #2
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    Default Re: Careless Driving In A Parking Garage in Florida

    That's the statute which is cited on the ticket?

  3. #3

    Default Re: Careless Driving In A Parking Garage in Florida

    Quote Quoting Mr. Knowitall
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    That's the statute which is cited on the ticket?
    Yes, 316.1923. I just added in part of 316.006 since jurisdiction is in question.

  4. #4
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    Default Re: Careless Driving In A Parking Garage in Florida


  5. #5
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    Default Re: Careless Driving In A Parking Garage in Florida

    The governing definitions probably cover it.
    Quote Quoting Florida Statutes 316.003 - Definitions.
    (53) STREET OR HIGHWAY.--

    (a) The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic;

    (b) The entire width between the boundary lines of any privately 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 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 state, a county, a municipality, or a political subdivision, which area is used for vehicular traffic but which is not open for vehicular operation by the general public; or

    (d) 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.

  6. #6

    Default Re: Careless Driving In A Parking Garage in Florida

    Quote Quoting seniorjudge
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    sorry 1925

  7. #7

    Default Re: Careless Driving In A Parking Garage in Florida

    Quote Quoting aaron
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    The governing definitions probably cover it.
    It looks like section b might cover this, thanks a lot aaron!

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