Podcast
Questions and Answers
What is prohibited according to section 316.130?
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 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?
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?
What is exempt from the constraints of section 316.130?
What happens when a pedestrian suddenly leaves a curb and walks into the path of a vehicle?
What happens when a pedestrian suddenly leaves a curb and walks into the path of a vehicle?
Where can pedestrians cross the road between adjacent intersections with traffic control signals?
Where can pedestrians cross the road between adjacent intersections with traffic control signals?
What is the purpose of section 316.130?
What is the purpose of section 316.130?
What should individuals or administrative agencies seeking legal advice do?
What should individuals or administrative agencies seeking legal advice do?
What is the main reason for the updated legal guidance regarding obstructing public streets, highways, and roads?
What is the main reason for the updated legal guidance regarding obstructing public streets, highways, and roads?
Which statute can deputies continue to enforce, but only when a person is causing an immediate hazard to traffic?
Which statute can deputies continue to enforce, but only when a person is causing an immediate hazard to traffic?
What is the result of the federal district court's ruling regarding 'charitable solicitations' in §377.406?
What is the result of the federal district court's ruling regarding 'charitable solicitations' in §377.406?
What is the significance of §316.130 in relation to obstructing public streets, highways, and roads?
What is the significance of §316.130 in relation to obstructing public streets, highways, and roads?
Why can deputies not enforce violations of §316.2045?
Why can deputies not enforce violations of §316.2045?
What is the primary reason a violation of §337.406(1) cannot be based on?
What is the primary reason a violation of §337.406(1) cannot be based on?
Which of the following is NOT a result of the federal district court's ruling?
Which of the following is NOT a result of the federal district court's ruling?
What is the relationship between the prior court ruling and the updated legal guidance?
What is the relationship between the prior court ruling and the updated legal guidance?
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.
