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565 So. 2d 725

State v. Stember

District Court of Appeal of Florida · decided 1990-05-30

Cited by 2 later decisions — most recently May 1991

2 state decisions

Key passage — most relied on by later courts

“DO OFFICERS OF THE FLORIDA MARINE PATROL HAVE AUTHORITY TO DETAIN AND CITE DRIVERS FOR NONCRIMINAL TRAFFIC INFRACTIONS?”

quoted by 1 later decision, including 568 So. 2d 1274 - State v. Stember

Relies on 549 So. 2d 761 - State v. Parsons

Good law ✅— No negative treatment on recordhow we know

Decided 1990-05-30

View the full empirical analysis of this case →

POLEN, Judge.

¶1The Broward County Court has certified to us in accordance with Florida Rule of Appellate Procedure 9.160, the question of whether Florida Marine Patrol officers have authority to issue citations for noncriminal traffic infractions outside their geographical jurisdictions.

¶2Appellee was stopped by a Florida Marine Patrol officer for a civil traffic infraction, speeding, a violation of section 316.-*726183(4), Florida Statutes (1987). The site of the violation was not one with which the Florida Marine Patrol had any specific interest under its conservation powers. The trial judge, concluding there was no power vested in the Florida Marine Patrol to issue citations for a violation occurring on public highways, granted appellee’s motion to dismiss the traffic citation. We affirm.

¶3We agree with the reasoning contained in the trial court’s order and that expressed by our sister court in State v. Parsons, 549 So.2d 761 (Fla. 3d DCA 1989), rev. pending, (Fla. Case No. 74,874). We reach this conclusion by applying general rules of statutory construction. There must be specific statutory authority to allow the officers to investigate and issue citations for civil violations. Section 316.640, Florida Statutes (1987), which creates the process for enforcing the traffic laws of this state, fails to include Marine Patrol officers as among those specifically vested with authority to enforce traffic violations. Nor do the Marine Patrol officers’ general arrest powers cover a civil traffic infraction as no arrest is possible. It is up to the legislature to confer jurisdiction on the Florida Marine Patrol to enforce state traffic laws by expressly including them in section 316.640.

¶4We affirm the trial court’s order dismissing appellee’s citation for speeding, and because this case involves a question which is of great public importance we certify the following question:

DO OFFICERS OF THE FLORIDA MARINE PATROL HAVE AUTHORITY TO DETAIN AND CITE DRIVERS FOR NONCRIMINAL TRAFFIC INFRACTIONS?

¶5AFFIRMED, QUESTION CERTIFIED.

HERSEY, C.J., and GUNTHER, J., concur.
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