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ICEing illegal in Florida

joetomasone

Member
Oct 1, 2019
42
33
Spring Hill, FL
Moving this to its own post so the thread it was being discussed in doesn't get derailed.

I said:

It's illegal in Florida to ICE an EV parking spot. Call the police non-emergency number.

F.S. 366.94 (3)(a) It is unlawful for a person to stop, stand, or park a vehicle that is not capable of using an electrical recharging station within any parking space specifically designated for charging an electric vehicle.

(b) If a law enforcement officer finds a motor vehicle in violation of this subsection, the officer or specialist shall charge the operator or other person in charge of the vehicle in violation with a noncriminal traffic infraction, punishable as provided in s. 316.008(4) or s. 318.18.


Larry replied:

Hi Joe,

Thanks.

Whereas it's illegal to ICE an EV charging space, I'm sorry to say that unless a municipality has written a specific ordinance providing for penalties, it's unlikely that the state law is enforceable by itself.

Click on the two sections that you quoted and see if you can find any specific references to fines or penalties that reference back to the infraction described in F.S. 366.94. In other words, the state law, unfortunately, provides no guidance on what law enforcement should do when they see such an infraction.

Larry


It does, actually. It says that "the officer or specialist shall charge the operator or other person in charge of the vehicle in violation with a noncriminal traffic infraction, punishable as provided in s. 316.008(4) or s. 318.18."

318.18 (2) sets the fine: "(2) Thirty dollars for all nonmoving traffic violations"


316.008 (2) states that a municipality can prosecute the offender:

"(2) The municipality, through its duly authorized officers, shall have nonexclusive jurisdiction over the prosecution, trial, adjudication, and punishment of violations of this chapter when a violation occurs within the municipality and the person so charged is charged by a municipal police officer. The disposition of such matters in the municipality shall be in accordance with the charter of that municipality. This subsection does not limit those counties which have the charter power to provide and regulate arterial, toll, and other roads, bridges, tunnels, and related facilities from the proper exercise of those powers pertaining to the consolidation and unification of a traffic court system within such counties."


So yes, the fine is $30, and any officer can issue a summons for the violation.
 
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