For communities with internal private roads, enforcement of speed limits, stop signs and other regular traffic laws can be problematic. While the governing documents for a community might require residents to drive safely and follow traffic laws on the streets within the community, these types of violations are nearly impossible to enforce in the same manner as other violations. Additionally, where the streets in a community are private, law enforcement does not have the authority, on its own, to come in and enforce Florida traffic laws. Associations are not powerless to address these issues, however. Under section 316.006, Florida Statutes, the owners of private streets can enter into agreements with cities and counties for the enforcement of Florida traffic laws over their private streets. For the enforcement of traffic laws within a community located within the city limits, Section 316.006(2)(b), Florida Statutes, provides: A municipality may exercise jurisdiction over any private road or roads . . . 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. Correspondingly, for the enforcement of traffic laws within a community located within an unincorporated area of a county, Section 316.006(3)(b), Florida Statutes, provides: A county may exercise jurisdiction over any private road or roads . . . 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.
Some county and city websites include the specific requirements and procedures for entering into a traffic enforcement agreement. These can vary, with some governmental bodies requiring a processing fee, a certified traffic survey by a licensed traffic consultant or engineering firm, a copy of the Association’s Articles of Incorporation, proof of ownership of the roads within the community, and/or maps of the community, among other things. In addition to the requirements of specific governing bodies, a typical traffic enforcement agreement will include provisions related to: Reimbursement for actual costs of traffic control and enforcement: In some instances, an Association might not be charged anything; while in others, an Association might be charged a reasonable fee based upon the enforcement activities which will be required. Liability Insurance and Indemnification: Proof of general liability insurance of a specified minimum amount will likely be required, as will an indemnification provision in favor of the governing body and law enforcement agency related to any of the enforcement activities considered under the agreement. Signage: Signs within the community must meet standards of Uniform Traffic Control Devices. Term of Agreement: Generally one or two year terms with automatic renewals unless terminated by the parties. Road Maintenance: Provision stating that no duty of maintenance of the roads shall be imposed upon the city or county as a result of the agreement. Because of the variables in negotiating these traffic enforcement agreements, it is advisable that Associations consult with their Association attorney who can assist with the negotiation process. It is important to keep in mind, too, that these agreements can sometimes take two or three months to process. Once entered, though, such traffic enforcement agreements provide an excellent way for Associations to increase safety on the roads within the community.
Written by Sarah K. Wilson, Esq. Originally posted on Becker & Poliakoff Community Update