Can one be cited by a police officer for rolling through a stop sign
posted on private property (e.g., shopping mall parking lots)?

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Request for Question Clarification by tutuzdad-ga on 14 Mar 2005 09:26 PST

What state?

nautico --

Thanks for your invitation to post my new information as an answer,  I
really wasn't fishing for that invitation with my posting on the other
thread.  Rather, knowing that you live in Florida, I felt a bit guilty
about not following through on your original question.

Anyway, below is the excerpt from a recent Advisory Legal Opinion of
the Attorney General of Florida that confirms that municipal police in
Florida are authorized under state law to enforce traffic laws on
private property "whereever the public has a right to travel by motor
vehicle."  The Opinion also allows such enforcement on private roads
under certain circumstances:


"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


Search Strategy:


I found the information with the following Google search:

florida enforce "motor vehicle" OR traffic "private  property"
://www.google.com/search?hl=en&lr=&rls=GGLB%2CGGLB%3A1969-53%2CGGLB%3Aen&q=florida+enforce+%22motor+vehicle%22+OR+traffic+%22private++property%22



markj-ga

Thanks!

I'm guessing you or someone you know already was?
I have seen signs posted in some mall parking lots in the past that
say that local police are authorized to enforce traffic laws on the
mall's property.  I suppose it is at the discretion of the parking lot
owner.  However, it would most likely be in any lot owner's best
interest to allow police to enforce laws on their property.