Stupid Motorist Law Memo

File Number: 10829 Page 1 of 1
Date: 05/02/2023 AGENDA ITEM Item: 10

[] Ordinance [] Resolution [] Budget Resolution [X] Other
County Goals
[X] Thriving [] Economic & [] Excellence In [] NA

Communities Financial Vitality Government
Department: Legal Department

Division: Legal
Subject: Discussion of Arizona's "stupid motorist" law and possible local application
Michael Dyer Legal County Manager’s Office

County Attorney
Maureen Sikora Ryan Ossowski
Assistant County Chief Financial Officer
Attorney
Department Approval Maureen

Division Approval Sikora
Approved as to Form
and Legality
Council Action:
Modification:
Account Number(s): NA
Total Item Budget: NA
Staff Contact(s): Phone: Ext.
Mike Dyer 386 736 5950 12219
Maureen Sikora 386 736 5950 13241
Summary/Highlights:
Council requested information and presentation on possible local application of a law like
Arizona's "stupid motorist" law. Attached is a background memo and possible local options.
Recommended Motion: Direction
Non Budget 2
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Memorandum
To: County Council Members
From: Mike Dyer, County Attomey. t g 0
CC: George Recktenwald, County Manager

Suzanne Konchan, Deputy County Manager
Date: April 12, 2023
Re: "Stupid Motorist" Law Research
OVERVIEW
On March 7, 2023, the County Council discussed an Arizona statute entitled the "stupid
motorist law," which authorizes the costs for emergency response to be charged against
a driver who becomes stranded after driving around barricades to enter a flooded street
or highway. Local governments in Florida have limited power to enact traffic regulations,
are preempted from assessing additional fines, fees, surcharges, or costs or enhanced
fines for violations, and are prohibited from imposing most fees for first responder services
under existing state statutes.
If Council elects to proceed with this matter, options include:
1) Adoption of an ordinance providing for this type of prohibition to take effect during
declared states of emergency by emergency order under state law. See §
252 .38(3)(a)5.a, Fla. Stat. This could apply countywide . The penalty for violating an
emergency order is set by state law as a second degree misdemeanor; or
2) Alternatively, the Council may wish to seek a statutory change from the Legislature
that would apply at any time and provide for a monetary fine, much like the Arizona state
law.
BACKGROUND
Arizona Statute
A driver in Arizona who drives a vehicle on a public street or highway that is temporarily
covered by a rise in water level and that is barricaded because of flooding is liable for an
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Memorandum to County Council Members
Re: "Stupid Motorist" Law Research
April 12, 2023
Page 2 of 2
amount not to exceed $2,000 per incident for the expenses of any emergency response
required to remove the driver or any passenger from the vehicle and/or the vehicle itself
if the vehicle becomes inoperable, excluding ambulance services charges.
Florida Law
State law limits the authority of local governments to levy additional costs or enhanced
penalties for violation of ordinances regulating traffic or providing emergency response
services.
Florida has established a statewide law regulating traffic entitled the "Florida Uniform
Traffic Control Law", codified as chapter 316, Florida Statutes. § 316.001, Fla. Stat. The
legislative intent of chapter 316 is to make uniform traffic laws apply throughout the state
and its several counties and uniform ordinances to apply in all municipalities. 1 § 316.002,
Fla. Stat.
Section 125.01045, Florida Statutes, further restricts a county from collecting costs for
providing first responder services. The only first responder fees excluded from the
prohibition under section 125.02045 consist of costs for hazardous materials containment
and cleanup and costs for transportation and treatment by air ambulance services and
emergency medical services vehicles.
CONCLUSION
Based on the Council's direction, we will proceed with an agenda item for Council to
discuss this matter and provide any direction.
1 Subsection 316.008(1), Florida Statutes, enumerates certain subjects on which local

authorities may control traffic movement and parking on streets and highways under their
jurisdiction and within the reasonable exercise of the police power. The list includes:
regulating the operation of bicycles,§ 316.008(1)(h), Fla Stat., Thomas v. State, 614 So.
2d 468 (Fla. 1993); altering or establishing speed limits, § 316.008(1)0), Fla. Stat., Op.
Att'y Gen. Fla 2001-06 (2001), Op. Att'y Gen. Fla. 83-33 (1983); and prohibiting or
regulating the use of heavily traveled streets by any class or kind of traffic incompatible
with the normal and safe movement of traffic,§ 316.008(1)(n), Fla. Stat., Classy Cycles,
Inc. v. Panama City Beach, 301 So. 3d 1046 (Fla. 1st DCA 2019).
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File Number: 10829 Page 1 of 1

Date: 05/02/2023 AGENDA ITEM Item: 10

[X] Thriving [] Economic & [] Excellence In [] NA

Department: Legal Department

Michael Dyer Legal County Manager’s Office

Department Approval Maureen

To: County Council Members

From: Mike Dyer, County Attomey. t g 0

CC: George Recktenwald, County Manager

Date: April 12, 2023

Re: "Stupid Motorist" Law Research

If Council elects to proceed with this matter, options include:

1 Subsection 316.008(1), Florida Statutes, enumerates certain subjects on which local

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