Florida Traffic Laws: Obstruction of Public Streets

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Questions and Answers

What is prohibited according to section 316.130?

Crossing at an intersection with a traffic control signal

Standing in the portion of a roadway paved for vehicular traffic to solicit a ride (correct)

Standing in a marked crosswalk to solicit a ride

Walking or running into the path of a vehicle that is far away

When is a pedestrian not allowed to cross the road?

When the traffic control signal is green

When the pedestrian is in a hurry

When there is no marked crosswalk

Between adjacent intersections at which traffic control signals are in operation (correct)

What is the consequence of violating section 316.130?

A suspension of driving privileges

A criminal charge

A warning from a deputy

A noncriminal traffic infraction (correct)

What is exempt from the constraints of section 316.130?

A deputy's discretion to issue a warning Signup and view all the answers

What happens when a pedestrian suddenly leaves a curb and walks into the path of a vehicle?

The pedestrian is violating section 316.130 Signup and view all the answers

Where can pedestrians cross the road between adjacent intersections with traffic control signals?

Only at marked crosswalks Signup and view all the answers

What is the purpose of section 316.130?

To regulate the behavior of pedestrians and drivers Signup and view all the answers

What should individuals or administrative agencies seeking legal advice do?

Refer to their own attorney for guidance Signup and view all the answers

What is the main reason for the updated legal guidance regarding obstructing public streets, highways, and roads?

A recent court ruling found all sections of §316.2045 to be unconstitutional Signup and view all the answers

Which statute can deputies continue to enforce, but only when a person is causing an immediate hazard to traffic?

§337.406 Signup and view all the answers

What is the result of the federal district court's ruling regarding 'charitable solicitations' in §377.406?

The court removed 'charitable solicitations' as a prohibited use Signup and view all the answers

What is the significance of §316.130 in relation to obstructing public streets, highways, and roads?

It provides additional offenses for persons obstructing public streets, highways, and roads Signup and view all the answers

Why can deputies not enforce violations of §316.2045?

All sections of the statute were found to be unconstitutional Signup and view all the answers

What is the primary reason a violation of §337.406(1) cannot be based on?

The person is soliciting charitable donations Signup and view all the answers

Which of the following is NOT a result of the federal district court's ruling?

The entire statute §377.406 was repealed Signup and view all the answers

What is the relationship between the prior court ruling and the updated legal guidance?

The prior court ruling led to the updated legal guidance Signup and view all the answers

Study Notes

Restrictions on Enforcement of "Obstruction of Public Streets, Highways, and Roads"

Florida Statutes §316.2045 and §377.406 prohibit individuals from obstructing public streets, highways, and roads.
A prior court ruling found subsections 2-5 of §316.2045 unconstitutional, and a recent federal district court ruling found all sections of §316.2045 unconstitutional.
The federal district court also found a portion of subsection 1 of §377.406 relating to "charitable solicitations" unconstitutional.

Enforcement Guidance

Deputies may not enforce any violations of §316.2045.
Deputies may continue to enforce violations of §377.406(1) when a person is causing an immediate hazard to traffic.
A violation of §377.406(1) may not be based solely on the fact that a person is soliciting charitable donations (i.e., "panhandling").

Alternative Statute

§316.130 (Pedestrians; traffic regulations) provides offenses for persons who are obstructing public streets, highways, and roads.
§316.130 prohibits certain actions, including:
- Standing in the portion of a roadway paved for vehicular traffic for the purpose of soliciting a ride, employment, or business.
- Suddenly leaving a curb or other place of safety and walking or run into the path of a vehicle.
- Crossing between adjacent intersections at which traffic control signals are in operation, except in a marked crosswalk.
A violation of §316.130 is a noncriminal traffic infraction, punishable pursuant to chapter 318.

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Description

Quiz on Florida Statutes §316.2045 and §377.406, focusing on the restrictions and regulations surrounding obstruction of public streets, highways, and roads.