nautico --
I hope you don't mind me commandeering a new question of yours to give
you some new information on one of your closed questions, but I don't
know of another way to effectively reach you.
In this thread you asked about police enforcement of traffic laws on
private property:
http://answers.google.com/answers/threadview?id=491921
"I gave you a rather quick "drive-by" comment that may have misled
you. Feeling a bit guilty about that, I looked a little further and
found the following language in a recent advisory opinion of the
Florida Attorney General:
"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 area or place for travel and the right of general
and common use that makes certain private property subject to public
control pursuant to Chapter 316, Florida Statutes.
"Thus, municipalities have enforcement authority with respect to
traffic violations and accidents occurring on "private property" where
the public has the right to travel by motor vehicle, such as in
shopping centers and parking lots. In 1987, however, section 316.006,
Florida Statutes, was amended to supply additional authority for
municipal law enforcement officers to enforce traffic laws on certain
private property.[4] As amended, section 316.006 (2)(b), Florida
Statutes, provides:
"'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. . . . '"
Attoney General of Florida: Advisory Legal Opinion AGO 2004-29, 6/18/04
http://myfloridalegal.com/ago.nsf/0/2be69982597761f385256eb7005f8fdf?OpenDocument
So, it appears that the municipal police do indeed have the authority
to ticket you for running a stop sign in a Florida shopping center.
markj-ga |