16 Questions
What is prohibited according to section 316.130?
Standing in the portion of a roadway paved for vehicular traffic to solicit a ride
When is a pedestrian not allowed to cross the road?
Between adjacent intersections at which traffic control signals are in operation
What is the consequence of violating section 316.130?
A noncriminal traffic infraction
What is exempt from the constraints of section 316.130?
A deputy's discretion to issue a warning
What happens when a pedestrian suddenly leaves a curb and walks into the path of a vehicle?
The pedestrian is violating section 316.130
Where can pedestrians cross the road between adjacent intersections with traffic control signals?
Only at marked crosswalks
What is the purpose of section 316.130?
To regulate the behavior of pedestrians and drivers
What should individuals or administrative agencies seeking legal advice do?
Refer to their own attorney for guidance
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
Which statute can deputies continue to enforce, but only when a person is causing an immediate hazard to traffic?
§337.406
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
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
Why can deputies not enforce violations of §316.2045?
All sections of the statute were found to be unconstitutional
What is the primary reason a violation of §337.406(1) cannot be based on?
The person is soliciting charitable donations
Which of the following is NOT a result of the federal district court's ruling?
The entire statute §377.406 was repealed
What is the relationship between the prior court ruling and the updated legal guidance?
The prior court ruling led to 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.
Quiz on Florida Statutes §316.2045 and §377.406, focusing on the restrictions and regulations surrounding obstruction of public streets, highways, and roads.
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