Senate Bill 2254

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                  SB 2254

    By Senator Meek





    36-1434-99                                          See HB 627

  1                      A bill to be entitled

  2         An act relating to traffic safety; amending ss.

  3         316.2045, 337.406, F.S.; prohibiting minors

  4         under the age of 18 years from standing or

  5         approaching vehicles on any public street,

  6         highway, road, or state transportation facility

  7         right-of-way for purposes of soliciting;

  8         providing for a civil penalty to be imposed

  9         against any entity or organization that directs

10         a person to unlawfully obstruct or use the

11         right-of-way of a public street or highway;

12         providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Subsections (1) and (2) of section

17  316.2045, Florida Statutes, are amended to read:

18         316.2045  Obstruction of public streets, highways, and

19  roads.--

20         (1)  It is unlawful for any person or persons willfully

21  to obstruct the free, convenient, and normal use of any public

22  street, highway, or road by impeding, hindering, stifling,

23  retarding, or restraining traffic or passage thereon, by

24  standing or approaching motor vehicles thereon, or by

25  endangering the safe movement of vehicles or pedestrians

26  traveling thereon; and any person or persons who violate the

27  provisions of this subsection, upon conviction, shall be cited

28  for a pedestrian violation, punishable as provided in chapter

29  318.

30         (2)(a)  It is unlawful, without proper authorization or

31  a lawful permit, for any person or persons willfully to

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2254
    36-1434-99                                          See HB 627




  1  obstruct the free, convenient, and normal use of any public

  2  street, highway, or road by any of the means specified in

  3  subsection (1) in order to solicit. Any person who violates

  4  the provisions of this subsection is guilty of a misdemeanor

  5  of the second degree, punishable as provided in s. 775.082 or

  6  s. 775.083.

  7         (b)  Organizations qualified under s. 501(c)(3) of the

  8  Internal Revenue Code and registered pursuant to chapter 496,

  9  or persons or organizations acting on their behalf are

10  exempted from the provisions of this subsection for activities

11  on streets or roads not maintained by the state.

12         (c)  A minor under the age of 18 years may not stand or

13  approach motor vehicles on any public street, highway, or road

14  in order to solicit.

15         (d)  Permits for the use of any portion of a

16  state-maintained road or right-of-way shall be required only

17  for those purposes and in the manner set out in s. 337.406.

18         (e)  The entity or organization that directs any person

19  to violate this section shall pay a civil penalty, which may

20  not exceed $500. A separate penalty may be imposed for each

21  day a violation of this section continues.

22         Section 2.  Section 337.406, Florida Statutes, is

23  amended to read:

24         337.406  Unlawful use of state transportation facility

25  right-of-way; penalties.--

26         (1)  Except when leased as provided in s. 337.25(5) or

27  otherwise authorized by the rules of the department, it is

28  unlawful to make any use of the right-of-way of any state

29  transportation facility, including appendages thereto, outside

30  of an incorporated municipality in any manner that interferes

31  with the safe and efficient movement of people and property

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2254
    36-1434-99                                          See HB 627




  1  from place to place on the transportation facility.  Failure

  2  to prohibit the use of right-of-way in this manner will

  3  endanger the health, safety, and general welfare of the public

  4  by causing distractions to motorists, unsafe pedestrian

  5  movement within travel lanes, sudden stoppage or slowdown of

  6  traffic, rapid lane changing and other dangerous traffic

  7  movement, increased vehicular accidents, and motorist injuries

  8  and fatalities.  Such prohibited uses include, but are not

  9  limited to, the free distribution or sale, or display or

10  solicitation for free distribution or sale, of any

11  merchandise, goods, property or services; the solicitation for

12  charitable purposes; the servicing or repairing of any

13  vehicle, except the rendering of emergency service; the

14  storage of vehicles being serviced or repaired on abutting

15  property or elsewhere; and the display of advertising of any

16  sort, except that any portion of a state transportation

17  facility may be used for an art festival, parade, fair, or

18  other special event if permitted by the appropriate local

19  governmental entity.  Within incorporated municipalities, the

20  local governmental entity may issue permits of limited

21  duration for the temporary use of the right-of-way of a state

22  transportation facility for any of these prohibited uses if it

23  is determined that the use will not interfere with the safe

24  and efficient movement of traffic and the use will cause no

25  danger to the public.  Before a road on the State Highway

26  System may be temporarily closed for a special event, the

27  local governmental entity which permits the special event to

28  take place must determine that the temporary closure of the

29  road is necessary and must obtain the prior written approval

30  for the temporary road closure from the department. Nothing in

31  this subsection shall be construed to authorize such

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2254
    36-1434-99                                          See HB 627




  1  activities on the Interstate Highway System. Local

  2  governmental entities may, within their respective

  3  jurisdictions, initiate enforcement action by the appropriate

  4  code enforcement authority or law enforcement authority for a

  5  violation of this section.

  6         (2)  A minor under the age of 18 years may not stand or

  7  approach motor vehicles on the right-of-way of any state

  8  transportation facility, including appendages thereto, outside

  9  of an incorporated municipality in order to solicit.

10         (3)(2)  Persons holding valid peddlers' licenses issued

11  by appropriate governmental entities may make sales from

12  vehicles standing on the right-of-way to occupants of abutting

13  property only.

14         (4)(3)  The Department of Highway Safety and Motor

15  Vehicles and other law enforcement agencies are authorized and

16  directed to enforce this statute.

17         (5)(4)  The entity or organization that directs any

18  person to violate this section shall pay a civil penalty,

19  which may not exceed $500. The violation of any provision of

20  this section or any rule promulgated by the department

21  pursuant to this section constitutes a misdemeanor of the

22  second degree, punishable as provided in s. 775.082 or s.

23  775.083, and Each day a violation continues to exist

24  constitutes a separate offense.

25         Section 3.  This act shall take effect upon becoming a

26  law.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2254
    36-1434-99                                          See HB 627




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  2                       LEGISLATIVE SUMMARY

  3
      Prohibits minors under 18 years of age from standing or
  4    approaching vehicles on any public street, highway, road,
      or state transportation facility right-of-way for
  5    purposes of soliciting. Provides for a civil penalty of
      $500 per violation to be imposed against the entity or
  6    organization that directs any person to unlawfully
      obstruct or use the right-of-way of a public street or
  7    highway.

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