Florida Legal Alert: Updated Restrictions on Public Streets, Highways, and Roads (PDF)

LEGAL ALERT INFORMATION FROM THE OFFICE OF THE GENERAL COUNSEL UPDATED1– October 25, 2021 Restrictions on Enforcement of “Obstruction of Public Streets, H...

LEGAL ALERT INFORMATION FROM THE OFFICE OF THE GENERAL COUNSEL UPDATED1– October 25, 2021 Restrictions on Enforcement of “Obstruction of Public Streets, Highways, and Roads” Florida Statutes §316.2045 and §377.406 each prohibit individuals from obstructing the public streets, highways, and roads. A prior court ruling found that subsections 2 through 5 of §316.2045 were unconstitutional. Based upon that ruling, a prior Legal Bulletin advised deputies that they could continue to issue citations under subsection 1 of §316.2045. However, a recent ruling by a federal district court found that all sections of §316.2045 are unconstitutional. Additionally, the federal district court found that a portion of subsection 1 of §377.406 relating to “charitable solicitations” was also unconstitutional. As a result, the court removed the term “charitable solicitations” from the statutory language of §377.406(1) as a “prohibited use” in a “right of way”. As a result of these decisions, the following updated legal guidance is provided with respect to persons who are obstructing public streets, highways, and roads: Deputies may not enforce any violations of §316.2045. Deputies may continue to enforce violations of §337.406(1) when a person is causing an immediate hazard to traffic2, however, a violation may not be based solely on the fact that such person is soliciting charitable donations (i.e., “panhandling”). Please note that the federal courts have also referenced §316.130 as an additional statute providing offenses for persons who are obstructing public, streets, highways, and roads. Section 316.130 (Pedestrians; traffic regulations), prohibits the following: o (5) No person shall stand in the portion of a roadway paved for vehicular traffic for the purpose of soliciting a ride, employment, or business from the occupant of any vehicle. o (8) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. o (11) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk. o (19) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a pedestrian violation or, if the infraction resulted from the operation of a vehicle, as a moving violation. NOTE: Noting stated herein should be construed to restrict in any way a deputy’s discretion to issue a warning in lieu of a citation or arrest. The contents of this document are directed to employees of Broward Sheriff Office (BSO) and in no way modify or affect BSO’s adopted policies and procedures. Cases cited herein may be updated, modified or overruled by other future court decisions. Individuals or administrative agencies seeking legal advice should refer to their own attorney for guidance concerning their particular situation. 1 This Legal Bulletin updates the prior Legal Bulletin “Obstruction of Public Streets, Highways, and Roads” dated February 18, 2020. 2 See February 18, 2020 Legal Bulletin for description of when a person is not considered to be “an immediate hazard to traffic”.