CODING: Words stricken are deletions; words underlined are additions.House Bill 0145
Florida House of Representatives - 1997 HB 145
By Representative Greene
1 A bill to be entitled
2 An act relating to public streets, highways,
3 and roads; amending ss. 316.2045 and 337.406,
4 F.S.; prohibiting solicitation by children of a
5 certain age upon any public street, highway,
6 right-of-way of a state transportation
7 facility, or road; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (3) of section 316.2045, Florida
12 Statutes, 1996 Supplement, is amended to read:
13 316.2045 Obstruction of public streets, highways, and
14 roads.--
15 (3) Permits for the use of any street, road, or
16 right-of-way not maintained by the state may be issued by the
17 appropriate local government. Such permits shall specifically
18 prohibit solicitation upon any public street, highway, or road
19 by children 15 years of age or younger.
20 Section 2. Subsection (1) of section 337.406, Florida
21 Statutes, is amended to read:
22 337.406 Unlawful use of state transportation facility
23 right-of-way; penalties.--
24 (1) Except when leased as provided in s. 337.25(5) or
25 otherwise authorized by the rules of the department, it is
26 unlawful to make any use of the right-of-way of any state
27 transportation facility, including appendages thereto, outside
28 of an incorporated municipality in any manner that interferes
29 with the safe and efficient movement of people and property
30 from place to place on the transportation facility. Failure
31 to prohibit the use of right-of-way in this manner will
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 145
512-143-97
1 endanger the health, safety, and general welfare of the public
2 by causing distractions to motorists, unsafe pedestrian
3 movement within travel lanes, sudden stoppage or slowdown of
4 traffic, rapid lane changing and other dangerous traffic
5 movement, increased vehicular accidents, and motorist injuries
6 and fatalities. Such prohibited uses include, but are not
7 limited to, the free distribution or sale, or display or
8 solicitation for free distribution or sale, of any
9 merchandise, goods, property or services; the solicitation for
10 charitable purposes; the servicing or repairing of any
11 vehicle, except the rendering of emergency service; the
12 storage of vehicles being serviced or repaired on abutting
13 property or elsewhere; and the display of advertising of any
14 sort, except that any portion of a state transportation
15 facility may be used for an art festival, parade, fair, or
16 other special event if permitted by the appropriate local
17 governmental entity. Within incorporated municipalities, the
18 local governmental entity may issue permits of limited
19 duration for the temporary use of the right-of-way of a state
20 transportation facility for any of these prohibited uses if it
21 is determined that the use will not interfere with the safe
22 and efficient movement of traffic and the use will cause no
23 danger to the public. Such permits shall specifically
24 prohibit the use of right-of-way of a state transportation
25 facility, including appendages thereto, for solicitation by
26 persons 15 years of age or younger. Before a road on the
27 State Highway System may be temporarily closed for a special
28 event, the local governmental entity which permits the special
29 event to take place must determine that the temporary closure
30 of the road is necessary and must obtain the prior written
31 approval for the temporary road closure from the department.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 145
512-143-97
1 Nothing in this subsection shall be construed to authorize
2 such activities on the Interstate Highway System. Local
3 governmental entities may, within their respective
4 jurisdictions, initiate enforcement action by the appropriate
5 code enforcement authority or law enforcement authority for a
6 violation of this section.
7 Section 3. This act shall take effect July 1, 1997.
8
9 *****************************************
10 HOUSE SUMMARY
11
Prohibits solicitation upon any public street, highway,
12 right-of-way of a state transportation facility, or road
by a child 15 years of age or younger.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3