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Florida Statutes 316.1945 - Stopping, standing, or parking prohibited in specified places

Florida Statutes > Chapter 316 > 316.1945


Current as of: 2012
   (1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:
   (a) Stop, stand, or park a vehicle:
   1. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
   2. On a sidewalk.
   3. Within an intersection.
   4. On a crosswalk.
   5. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the Department of Transportation indicates a different length by signs or markings.
   6. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic.
   7. Upon any bridge or other elevated structure upon a highway or within a highway tunnel.
   8. On any railroad tracks.
   9. On a bicycle path.
   10. At any place where official traffic control devices prohibit stopping.
   11. On the roadway or shoulder of a limited access facility, except as provided by regulation of the Department of Transportation, or on the paved portion of a connecting ramp; except that a vehicle which is disabled or in a condition improper to be driven as a result of mechanical failure or crash may be parked on such shoulder for a period not to exceed 6 hours. This provision is not applicable to a person stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle in obedience to the directions of a law enforcement officer or to a person stopping a vehicle in compliance with applicable traffic laws.
   12. For the purpose of loading or unloading a passenger on the paved roadway or shoulder of a limited access facility or on the paved portion of any connecting ramp. This provision is not applicable to a person stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle.
   (b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
   1. In front of a public or private driveway.
   2. Within 15 feet of a fire hydrant.
   3. Within 20 feet of a crosswalk at an intersection.
   4. Within 30 feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway.
   5. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance (when property signposted).
   6. On an exclusive bicycle lane.
   7. At any place where official traffic control devices prohibit standing.
   (c) Park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers:
   1. Within 50 feet of the nearest rail of a railroad crossing unless the Department of Transportation establishes a different distance due to unusual circumstances.
   2. At any place where official signs prohibit parking.
   (2) No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as is unlawful.
   (3) A law enforcement officer or parking enforcement specialist who discovers a vehicle parked in violation of this section or a municipal or county ordinance may:
   (a) Issue a ticket form as may be used by a political subdivision or municipality to the driver; or
   (b) If the vehicle is unattended, attach such ticket to the vehicle in a conspicuous place, except that the uniform traffic citation prepared by the department pursuant to s. 316.650 may not be issued by being attached to an unattended vehicle.

The uniform traffic citation prepared by the department pursuant to s. 316.650 may not be issued for violation of a municipal or county parking ordinance.

   (4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
Florida Statutes 316.194 - Stopping, standing or parking outside of municipalitiesChapter 316 Table of ContentsFlorida Statutes 316.195 - Additional parking regulations

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Florida Laws: Traffic Law Violations

Florida Statutes > Chapter 316 - State Uniform Traffic Control
Florida Statutes > Chapter 318 - Disposition of Traffic Infractions
Comments (20)add comment
DeWitt Hughes: ...
I have a homeowner who park their car almost directly behind another neighbors driveway. One office says it's a violation the other officer says it's not a violation. One officer even said it's illegal to park on street. Keep in mind this is a subdivision that is not gated.
1

February 22, 2012
sharon simmons: ...
Who governs private property (condominium) fire lanes for violations? The PD says it is not their problem because it is private property. Should I contact the FD or Code Enforcement or just tow (as a board member)?
2

May 13, 2012
Mike Snider: ...
A tow company impounded my motorcycle, did not notify me or the finance company until they talked to the finance company, who has a lien on it.
The finance company called and told me about it. I work out of town so it does sit for long periods in front of my condo (owner) in my designated parking spot. Tow company said another resident told them to tow it and that it was in the wrong parking spot.
They seem to be making a big effort to distract me from coming to town to pick it up.
I personally think it was a illegal tow but I am no lawyer.
3

June 15, 2012
leroy sheppard: ...
we live on a dead end small street. we live at the end. I have narrowed our driveway to make it difficut for turn arounds as there is lots of drug activity from the preceding two homes. sometimes when we leave. we cannot right away get through as vehicles find it difficut to manuver. Some stop double parked. drivers get out and go to home to buy their drugs. leaving several minutes of waiting. Give now, that we do not, and have not, said anything to any of these neibors in the three years that we have lived here.I conduct myself in yardwork with swagger.It seems to be the only way as no one bothers us.The police know what's going on. they don't even come down this street. what are our rights by law in bradenton, florida
4

June 30, 2012
Steven Daily: ...
Since this is a public street, this is a matter that needs to be handled by the police. You should certainly report the double-parking, and your observations of what is happening, to the police while it is happening.
5

June 30, 2012
Dianne: ...
my car was towed from apt. complex in Jan. I recently received a letter from a collection agency notifying me of the cost and my rights. In louisiana if I have read correctly, the tow company is suppose to send me a letter notifying me that they have my car. I did not receive a letter because I no longer live at that address. I spoke with the DMV and they have said the tow company has given them a copy of the letter they sent to me. Problem: La: R.S. 31: think 1717,20, or 28 states that if the letter is undeliverable, company must sent the unopend envelope to 'DMV. DMV tells me the letter did not come in an envelope. Do you think the towing company in lying about sending me a letter. They have sold the car. Do I have a recourse from paying?
6

July 21, 2012
David S.: ...
I got a ticket for standing and dropping my kid of near her school, but the sign said no stopping. Does that make a difference? Sign said no stopping. The ticket is for standing. What's the difference?
7

November 21, 2012
Steven Daily: ...
David,

Both terms are defined in section 316.003 of the Florida Statutes. It sounds to me like stopping and standing were both prohibited under the statute and you did both, right? So I'm not sure what your defense would be. You might want to talk to a local traffic attorney about it though.

http://www.lawserver.com/law/state/florida/statutes/florida_statutes_316-003

Steve Daily
LawServer
8

November 21, 2012
Josh maier : ...
My nieghbors and their company constantly park their cars across from my driveway, making it difficult to back out. I've hit a car like that twice now, is it illegal to park across from a private nisghborhood drive way?
9

November 29, 2012
Greg K: ...
I live on a cornor lot where there is a 4 way stop and crossings for small school children. On the street on one side of my home there are 2 no parking signs. People come and park on my grass on the side of the street where the no parking signs are and sit and wait for their kids. I tell them that there is no parking there and that their running cars are killing my grass and to please move. The tell me that they don't have to move and that the state statue says that they can park there and wait for their kids. Is this true.
10

January 16, 2013
Jerry Warren: ...
What are ther rules and regulations regarding a handicap permit parking at a parking meter, parking garage such as mono rail parking, etc.
11

January 26, 2013
Ray Vidal Sr.: ...
In a Shopping Center Roadway that has alternate direction drives off to right and in between them there is space long enough to park a large car or SUV and at the each corner curb is painted yellow but not painted in between indicating to me that it looks like a legal parking space with no sign indicating no parking or painted curb.Only yellow corners and space between large enough to park large car or SUV, looking like a legal parking space. Can a person get a parking ticket for parking in that unmarked space with no paint or sign indicating No Parking.On the opposite side of street is painted on pavement No Parking Fire Zone.Please reply. This is in a large Shopping Center In Delray Beach Florida. I recieved a parking ticket even with my handicap placard showing while parked in the space that in my 60 years of driving in many States in the country never recieved a ticket for parking in this tiype of unmarkked space.Do I have any recourse. God Bless and Thank you
12

February 22, 2013
PRCoqui: ...
I reside in a sub division in Jacksonville, FL and we have a number of automobiles that are parked in the sidewalk obstructing the foot traffic. What is the amount of a fine that a person will pay for obstructing the foot traffic when parked in a sidewalk.
13

April 18, 2013
david guisinger: ...
i live in orange co. fl. thers is a bridge on a county rd.that goes over a canel,we do not park on the bridge . are we allowed to stand and fish of of the bridge,it is a dead end rd.
14

June 08, 2013
donna hersh: ...
Can a Town order the Dept. of Motor Vehicles in Albany to suspend my license because of an unpaid parking ticket, which I did pay? They wouldn't accept my personal check.

6/19/13
15

June 19, 2013
Kay McGuire: ...
Have a problem in a private mobile park with someone blocking a stop sign
What are the stop sign rules on private property? Help
16

July 26, 2013
mike H: ...
I reside in Temple Terrace, FL and have been continuously harassed by Joe Gross who works for this city. I have owned my home/property which once was on dead end street with no sidewalks. In 2009 they put second unneeded sidewalk on our now through street which has run directly into my Private Driveway which I use daily and which I park on. This person is bullying us along with the TT Police to move deeper into our property with our 30 foot vehicle to allow people to walk over it and across it just to use the public the right to walk over their recent built side walk. I am told by Police that I can not park on my Private Driveway or they will ticket or tow my vehicle; which my driveway has been used by me for 41 years. How can they do this ?? I told we are breaking statue 316.1945 which doesn't state we must allow people to walk over our driveway to use their illegal sidewalk and prevent us from parking in our private driveway....
17

August 09, 2013
Mike H: ...
CAN ANYONE GIVE HELP FROM THIS HARASSMENT, STALKING JOE BEFORE WE RESORT TO
18

August 09, 2013
Lorenzo: ...
I live in Orlando, FL and have been givin a ticket for parking in front my house. I was parked by a curb that had yellow on, so I thought I could park on street. Why did I get a ticket

19

August 29, 2013
Jean: ...
Can someone tell me what is the code Violation for parking between two parking spaces? We manage a shopping center and the parking Rules do not say anything about it, but police says is a code Violation.. I need to send a letter to the Violator but I do not know what is the code #?
20

October 21, 2013

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David M. McCormick
Newport News Family Law and Bankruptcy Attorney

One Oyster Point 827 Diligence Drive, Suite 200
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Practice Areas: Family Law, Debt and Bankruptcy, Divorce, Adoption, Traffic Law Violations
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