Senate Bill 2254c1
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Florida Senate - 1999 CS for SB 2254
By the Committee on Criminal Justice and Senator Meek
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1 A bill to be entitled
2 An act relating to traffic safety; amending s.
3 316.2045, F.S.; prohibiting persons under the
4 age of 18 years from standing or approaching
5 vehicles on any public street, highway, or road
6 for purposes of soliciting, collecting from, or
7 distributing to the occupant of a motor
8 vehicle; providing that a first-time violation
9 results in a warning and that subsequent
10 violations will be cited as pedestrian
11 violations; providing for a noncriminal traffic
12 infraction punishable as provided in ch. 318,
13 F.S., for any person who directs a person under
14 a specified age to unlawfully stand or approach
15 motor vehicles on a public street, highway, or
16 road; amending s. 318.18, F.S.; providing
17 penalties; amending s. 318.121, F.S.;
18 conforming cross-references; providing an
19 effective date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Subsections (1) and (2) of section
24 316.2045, Florida Statutes, are amended to read:
25 316.2045 Obstruction of public streets, highways, and
26 roads.--
27 (1) It is unlawful for any person or persons willfully
28 to obstruct the free, convenient, and normal use of any public
29 street, highway, or road by impeding, hindering, stifling,
30 retarding, or restraining traffic or passage thereon, by
31 standing or approaching motor vehicles thereon, or by
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Florida Senate - 1999 CS for SB 2254
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1 endangering the safe movement of vehicles or pedestrians
2 traveling thereon; and any person or persons who violate the
3 provisions of this subsection, upon conviction, shall be cited
4 for a pedestrian violation, punishable as provided in chapter
5 318.
6 (2)(a) It is unlawful, without proper authorization or
7 a lawful permit, for any person or persons willfully to
8 obstruct the free, convenient, and normal use of any public
9 street, highway, or road by any of the means specified in
10 subsection (1) in order to solicit. Any person who violates
11 the provisions of this paragraph subsection is guilty of a
12 misdemeanor of the second degree, punishable as provided in s.
13 775.082 or s. 775.083.
14 (b) Organizations qualified under s. 501(c)(3) of the
15 Internal Revenue Code and registered pursuant to chapter 496,
16 or persons or organizations acting on their behalf are
17 exempted from the provisions of this subsection for activities
18 on streets or roads not maintained by the state.
19 (c) Permits for the use of any portion of a
20 state-maintained road or right-of-way shall be required only
21 for those purposes and in the manner set out in s. 337.406.
22 (d) Notwithstanding paragraphs (b) and (c), a person
23 under the age of 18 years may not stand or approach a motor
24 vehicle on any public street, highway, or road in the area
25 that is open for use by the public for vehicular traffic
26 purposes in order to solicit, collect from, or distribute to
27 the occupant of a motor vehicle where there is some risk to
28 the safety of a person under the age of 18. Notwithstanding s.
29 318.143, any person who violates this paragraph shall be cited
30 for a pedestrian violation, punishable as provided in ss.
31 318.14 and 318.18. However, for a first-time violation of this
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Florida Senate - 1999 CS for SB 2254
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1 paragraph, the law enforcement officer shall issue a warning
2 to the offender.
3 (e) Any person who directs a person under 18 years of
4 age to violate paragraph (d) shall be cited for a noncriminal
5 traffic infraction, punishable as provided in chapter 318. A
6 separate civil penalty may be imposed for each day a violation
7 of this paragraph continues.
8 Section 2. Subsection (1) of section 318.18, Florida
9 Statutes, 1998 Supplement, is amended, present subsection (11)
10 of that section is redesignated as subsection (12), and a new
11 subsection (11) is added to that section, to read:
12 318.18 Amount of civil penalties.--The penalties
13 required for a noncriminal disposition pursuant to s. 318.14
14 are as follows:
15 (2) Except as otherwise provided in this section,
16 thirty dollars for all nonmoving traffic violations and:
17 (a) For all violations of s. 322.19.
18 (b) For all violations of ss. 320.0605(1), 320.07(1),
19 322.065, and 322.15(1). Any person who is cited for a
20 violation of s. 320.07(1) shall be charged a delinquent fee
21 pursuant to s. 320.07(4).
22 1. If a person who is cited for a violation of s.
23 320.0605 or s. 320.07 can show proof of having a valid
24 registration at the time of arrest, the clerk of the court may
25 dismiss the case and may assess a $5 dismissal fee. A person
26 who finds it impossible or impractical to obtain a valid
27 registration certificate must submit an affidavit detailing
28 the reasons for the impossibility or impracticality. The
29 reasons may include, but are not limited to, the fact that the
30 vehicle was sold, stolen, or destroyed; that the state in
31 which the vehicle is registered does not issue a certificate
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Florida Senate - 1999 CS for SB 2254
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1 of registration; or that the vehicle is owned by another
2 person.
3 2. If a person who is cited for a violation of s.
4 322.03, s. 322.065, or s. 322.15 can show a driver's license
5 issued to him or her and valid at the time of arrest, the
6 clerk of the court may dismiss the case and may assess a $5
7 dismissal fee.
8 3. If a person who is cited for a violation of s.
9 316.646 can show proof of security as required by s. 627.733,
10 issued to the person and valid at the time of arrest, the
11 clerk of the court may dismiss the case and may assess a $5
12 dismissal fee. A person who finds it impossible or impractical
13 to obtain proof of security must submit an affidavit detailing
14 the reasons for the impracticality. The reasons may include,
15 but are not limited to, the fact that the vehicle has since
16 been sold, stolen, or destroyed; that the owner or registrant
17 of the vehicle is not required by s. 627.733 to maintain
18 personal injury protection insurance; or that the vehicle is
19 owned by another person.
20 (c) For all violations of ss. 316.2935 and 316.610.
21 However, for a violation of s. 316.2935 or s. 316.610, if the
22 person committing the violation corrects the defect and
23 obtains proof of such timely repair by an affidavit of
24 compliance executed by the law enforcement agency within 30
25 days from the date upon which the traffic citation was issued,
26 and pays $4 to the law enforcement agency, thereby completing
27 the affidavit of compliance, then upon presentation of said
28 affidavit by the defendant to the clerk within the 30-day time
29 period set forth under s. 318.14(4), the fine must be reduced
30 to $5, which the clerk of the court shall retain.
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1 (11) Two hundred fifty dollars for a violation of s.
2 316.2045(2)(e).
3 Section 3. Section 318.121, Florida Statutes, is
4 amended to read:
5 318.121 Preemption of additional fees, fines,
6 surcharges, and costs.--Notwithstanding any general or special
7 law, or municipal or county ordinance, additional fees, fines,
8 surcharges, or costs other than the court costs assessed under
9 s. 318.18(12) s. 318.18(11) may not be added to the civil
10 traffic penalties assessed in this chapter.
11 Section 4. This act shall take effect upon becoming a
12 law.
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Florida Senate - 1999 CS for SB 2254
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2254
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4 1. Deletes section 2 of the bill which amended s. 337.406,
F.S.
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2. Reinstates existing law's second degree misdemeanor
6 penalty for the offense of obstructing any public
street, highway, or road for the purpose of
7 solicitation.
8 3. Prohibits a person under 18 years of age from standing,
or approaching a motor vehicle, on a public street,
9 highway, or road from not only soliciting, but also from
collecting from or distributing to motor vehicle
10 occupants.
11 4. Adds that in order for a minor to be found that he or
she unlawfully stood or approached a motor vehicle that
12 it must be shown that the minor was in the portion of
the road open for use by vehicular traffic, and must be
13 shown that there was some risk to the minor's safety.
14 5. Adds that a minor who violates this prohibition shall
receive a warning for a first offense, and shall receive
15 a $15 pedestrian violation for subsequent offenses,
notwithstanding the provisions of s. 318.143, F.S.
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6. Deletes the bill's amendment which provided that
17 entities and organizations are subject to a civil
penalty of up to $500 for directing a person to violate
18 the section.
19 7. Adds that any person who directs a minor to unlawfully
stand or approach motor vehicles shall be cited for a
20 noncriminal traffic infraction, punishable as provided
in Chapter 318.
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8. Amends. s. 318.18, F.S., to provide that any person who
22 unlawfully directs a minor shall receive a civil
citation, and will be fined $250.
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