Senate Bill 2254c1

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    Florida Senate - 1999                           CS for SB 2254

    By the Committee on Criminal Justice and Senator Meek





    307-2106-99

  1                      A bill to be entitled

  2         An act relating to traffic safety; amending s.

  3         316.2045, F.S.; prohibiting persons under the

  4         age of 18 years from standing or approaching

  5         vehicles on any public street, highway, or road

  6         for purposes of soliciting, collecting from, or

  7         distributing to the occupant of a motor

  8         vehicle; providing that a first-time violation

  9         results in a warning and that subsequent

10         violations will be cited as pedestrian

11         violations; providing for a noncriminal traffic

12         infraction punishable as provided in ch. 318,

13         F.S., for any person who directs a person under

14         a specified age to unlawfully stand or approach

15         motor vehicles on a public street, highway, or

16         road; amending s. 318.18, F.S.; providing

17         penalties; amending s. 318.121, F.S.;

18         conforming cross-references; providing an

19         effective date.

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

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

24  316.2045, Florida Statutes, are amended to read:

25         316.2045  Obstruction of public streets, highways, and

26  roads.--

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

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

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

30  retarding, or restraining traffic or passage thereon, by

31  standing or approaching motor vehicles thereon, or by

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    Florida Senate - 1999                           CS for SB 2254
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  1  endangering the safe movement of vehicles or pedestrians

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

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

  4  for a pedestrian violation, punishable as provided in chapter

  5  318.

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

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

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

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

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

11  the provisions of this paragraph subsection is guilty of a

12  misdemeanor of the second degree, punishable as provided in s.

13  775.082 or s. 775.083.

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

15  Internal Revenue Code and registered pursuant to chapter 496,

16  or persons or organizations acting on their behalf are

17  exempted from the provisions of this subsection for activities

18  on streets or roads not maintained by the state.

19         (c)  Permits for the use of any portion of a

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

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

22         (d)  Notwithstanding paragraphs (b) and (c), a person

23  under the age of 18 years may not stand or approach a motor

24  vehicle on any public street, highway, or road in the area

25  that is open for use by the public for vehicular traffic

26  purposes in order to solicit, collect from, or distribute to

27  the occupant of a motor vehicle where there is some risk to

28  the safety of a person under the age of 18. Notwithstanding s.

29  318.143, any person who violates this paragraph shall be cited

30  for a pedestrian violation, punishable as provided in ss.

31  318.14 and 318.18. However, for a first-time violation of this

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    Florida Senate - 1999                           CS for SB 2254
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  1  paragraph, the law enforcement officer shall issue a warning

  2  to the offender.

  3         (e)  Any person who directs a person under 18 years of

  4  age to violate paragraph (d) shall be cited for a noncriminal

  5  traffic infraction, punishable as provided in chapter 318. A

  6  separate civil penalty may be imposed for each day a violation

  7  of this paragraph continues.

  8         Section 2.  Subsection (1) of section 318.18, Florida

  9  Statutes, 1998 Supplement, is amended, present subsection (11)

10  of that section is redesignated as subsection (12), and a new

11  subsection (11) is added to that section, to read:

12         318.18  Amount of civil penalties.--The penalties

13  required for a noncriminal disposition pursuant to s. 318.14

14  are as follows:

15         (2)  Except as otherwise provided in this section,

16  thirty dollars for all nonmoving traffic violations and:

17         (a)  For all violations of s. 322.19.

18         (b)  For all violations of ss. 320.0605(1), 320.07(1),

19  322.065, and 322.15(1).  Any person who is cited for a

20  violation of s. 320.07(1) shall be charged a delinquent fee

21  pursuant to s. 320.07(4).

22         1.  If a person who is cited for a violation of s.

23  320.0605 or s. 320.07 can show proof of having a valid

24  registration at the time of arrest, the clerk of the court may

25  dismiss the case and may assess a $5 dismissal fee. A person

26  who finds it impossible or impractical to obtain a valid

27  registration certificate must submit an affidavit detailing

28  the reasons for the impossibility or impracticality. The

29  reasons may include, but are not limited to, the fact that the

30  vehicle was sold, stolen, or destroyed; that the state in

31  which the vehicle is registered does not issue a certificate

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    Florida Senate - 1999                           CS for SB 2254
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  1  of registration; or that the vehicle is owned by another

  2  person.

  3         2.  If a person who is cited for a violation of s.

  4  322.03, s. 322.065, or s. 322.15 can show a driver's license

  5  issued to him or her and valid at the time of arrest, the

  6  clerk of the court may dismiss the case and may assess a $5

  7  dismissal fee.

  8         3.  If a person who is cited for a violation of s.

  9  316.646 can show proof of security as required by s. 627.733,

10  issued to the person and valid at the time of arrest, the

11  clerk of the court may dismiss the case and may assess a $5

12  dismissal fee. A person who finds it impossible or impractical

13  to obtain proof of security must submit an affidavit detailing

14  the reasons for the impracticality. The reasons may include,

15  but are not limited to, the fact that the vehicle has since

16  been sold, stolen, or destroyed; that the owner or registrant

17  of the vehicle is not required by s. 627.733 to maintain

18  personal injury protection insurance; or that the vehicle is

19  owned by another person.

20         (c)  For all violations of ss. 316.2935 and 316.610.

21  However, for a violation of s. 316.2935 or s. 316.610, if the

22  person committing the violation corrects the defect and

23  obtains proof of such timely repair by an affidavit of

24  compliance executed by the law enforcement agency within 30

25  days from the date upon which the traffic citation was issued,

26  and pays $4 to the law enforcement agency, thereby completing

27  the affidavit of compliance, then upon presentation of said

28  affidavit by the defendant to the clerk within the 30-day time

29  period set forth under s. 318.14(4), the fine must be reduced

30  to $5, which the clerk of the court shall retain.

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    Florida Senate - 1999                           CS for SB 2254
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  1         (11)  Two hundred fifty dollars for a violation of s.

  2  316.2045(2)(e).

  3         Section 3.  Section 318.121, Florida Statutes, is

  4  amended to read:

  5         318.121  Preemption of additional fees, fines,

  6  surcharges, and costs.--Notwithstanding any general or special

  7  law, or municipal or county ordinance, additional fees, fines,

  8  surcharges, or costs other than the court costs assessed under

  9  s. 318.18(12) s. 318.18(11) may not be added to the civil

10  traffic penalties assessed in this chapter.

11         Section 4.  This act shall take effect upon becoming a

12  law.

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    Florida Senate - 1999                           CS for SB 2254
    307-2106-99




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2254

  3

  4  1.    Deletes section 2 of the bill which amended s. 337.406,
          F.S.
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    2.    Reinstates existing law's second degree misdemeanor
  6        penalty for the offense of obstructing any public
          street, highway, or road for the purpose of
  7        solicitation.

  8  3.    Prohibits a person under 18 years of age from standing,
          or approaching a motor vehicle, on a public street,
  9        highway, or road from not only soliciting, but also from
          collecting from or distributing to motor vehicle
10        occupants.

11  4.    Adds that in order for a minor to be found that he or
          she unlawfully stood or approached a motor vehicle that
12        it must be shown that the minor was in the portion of
          the road open for use by vehicular traffic, and must be
13        shown that there was some risk to the minor's safety.

14  5.    Adds that a minor who violates this prohibition shall
          receive a warning for a first offense, and shall receive
15        a $15 pedestrian violation for subsequent offenses,
          notwithstanding the provisions of s. 318.143, F.S.
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    6.    Deletes the bill's amendment which provided that
17        entities and organizations are subject to a civil
          penalty of up to $500 for directing a person to violate
18        the section.

19  7.    Adds that any person who directs a minor to unlawfully
          stand or approach motor vehicles shall be cited for a
20        noncriminal traffic infraction, punishable as provided
          in Chapter 318.
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    8.    Amends. s. 318.18, F.S., to provide that any person who
22        unlawfully directs a minor shall receive a civil
          citation, and will be fined $250.
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