House Bill 0627e2

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                                          HB 627, Second Engrossed



  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; prohibiting persons from directing

12         a person under the age of 15 years to

13         unlawfully stand or approach motor vehicles on

14         the road; providing that a first-time violation

15         results in a warning and that subsequent

16         violations will be punished as provided in ch.

17         318, F.S.; amending s. 318.18, F.S.; providing

18         penalties; amending s. 318.121, F.S.;

19         conforming cross-references; providing an

20         effective date.

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22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  Subsections (1) and (2) of section

25  316.2045, Florida Statutes, are amended to read:

26         316.2045  Obstruction of public streets, highways, and

27  roads.--

28         (1)  It is unlawful for any person or persons willfully

29  to obstruct the free, convenient, and normal use of any public

30  street, highway, or road by impeding, hindering, stifling,

31  retarding, or restraining traffic or passage thereon, by


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                                          HB 627, Second Engrossed



  1  standing or approaching motor vehicles thereon, or by

  2  endangering the safe movement of vehicles or pedestrians

  3  traveling thereon; and any person or persons who violate the

  4  provisions of this subsection, upon conviction, shall be cited

  5  for a pedestrian violation, punishable as provided in chapter

  6  318.

  7         (2)(a)  It is unlawful, without proper authorization or

  8  a lawful permit, for any person or persons willfully to

  9  obstruct the free, convenient, and normal use of any public

10  street, highway, or road by any of the means specified in

11  subsection (1) in order to solicit. Any person who violates

12  the provisions of this paragraph subsection is guilty of a

13  misdemeanor of the second degree, punishable as provided in s.

14  775.082 or s. 775.083.

15         (b)  Organizations qualified under s. 501(c)(3) of the

16  Internal Revenue Code and registered pursuant to chapter 496,

17  or persons or organizations acting on their behalf are

18  exempted from the provisions of this subsection for activities

19  on streets or roads not maintained by the state.

20         (c)  Permits for the use of any portion of a

21  state-maintained road or right-of-way shall be required only

22  for those purposes and in the manner set out in s. 337.406.

23         (d)  Notwithstanding paragraphs (b) and (c), a person

24  under the age of 18 years may not stand, or approach a motor

25  vehicle, on any public street, highway, or road in the area

26  which is open for use by the public for vehicular traffic

27  purposes in order to solicit, collect from, or distribute to

28  the occupant of a motor vehicle where there is some risk to

29  the safety of the person under the age of 15, unless on-site

30  supervision is being provided by a person 21 years of age or

31  older who otherwise qualifies to solicit. Notwithstanding s.


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                                          HB 627, Second Engrossed



  1  318.143, a violation of this paragraph is a noncriminal

  2  traffic infraction, punishable as a pedestrian violation as

  3  provided in chapter 318. However, for a first-time violation

  4  of this paragraph, the law enforcement officer shall issue a

  5  warning to the offender.

  6         (e)  Any person who directs a person under 15 years of

  7  age to violate paragraph (d) shall be cited for a noncriminal

  8  traffic infraction, punishable as provided in chapter 318.

  9  However, for a first-time violation of this paragraph, the law

10  enforcement officer shall issue a warning to the offender.

11         Section 2.  Subsection (1) of section 318.18, Florida

12  Statutes, 1998 Supplement, is amended, present subsection (11)

13  of that section is redesignated as subsection (12), and a new

14  subsection (11) is added to that section, to read:

15         318.18  Amount of civil penalties.--The penalties

16  required for a noncriminal disposition pursuant to s. 318.14

17  are as follows:

18         (2)  Except as otherwise provided in this section,

19  thirty dollars for all nonmoving traffic violations and:

20         (a)  For all violations of s. 322.19.

21         (b)  For all violations of ss. 320.0605(1), 320.07(1),

22  322.065, and 322.15(1).  Any person who is cited for a

23  violation of s. 320.07(1) shall be charged a delinquent fee

24  pursuant to s. 320.07(4).

25         1.  If a person who is cited for a violation of s.

26  320.0605 or s. 320.07 can show proof of having a valid

27  registration at the time of arrest, the clerk of the court may

28  dismiss the case and may assess a $5 dismissal fee. A person

29  who finds it impossible or impractical to obtain a valid

30  registration certificate must submit an affidavit detailing

31  the reasons for the impossibility or impracticality. The


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                                          HB 627, Second Engrossed



  1  reasons may include, but are not limited to, the fact that the

  2  vehicle was sold, stolen, or destroyed; that the state in

  3  which the vehicle is registered does not issue a certificate

  4  of registration; or that the vehicle is owned by another

  5  person.

  6         2.  If a person who is cited for a violation of s.

  7  322.03, s. 322.065, or s. 322.15 can show a driver's license

  8  issued to him or her and valid at the time of arrest, the

  9  clerk of the court may dismiss the case and may assess a $5

10  dismissal fee.

11         3.  If a person who is cited for a violation of s.

12  316.646 can show proof of security as required by s. 627.733,

13  issued to the person and valid at the time of arrest, the

14  clerk of the court may dismiss the case and may assess a $5

15  dismissal fee. A person who finds it impossible or impractical

16  to obtain proof of security must submit an affidavit detailing

17  the reasons for the impracticality. The reasons may include,

18  but are not limited to, the fact that the vehicle has since

19  been sold, stolen, or destroyed; that the owner or registrant

20  of the vehicle is not required by s. 627.733 to maintain

21  personal injury protection insurance; or that the vehicle is

22  owned by another person.

23         (c)  For all violations of ss. 316.2935 and 316.610.

24  However, for a violation of s. 316.2935 or s. 316.610, if the

25  person committing the violation corrects the defect and

26  obtains proof of such timely repair by an affidavit of

27  compliance executed by the law enforcement agency within 30

28  days from the date upon which the traffic citation was issued,

29  and pays $4 to the law enforcement agency, thereby completing

30  the affidavit of compliance, then upon presentation of said

31  affidavit by the defendant to the clerk within the 30-day time


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                                          HB 627, Second Engrossed



  1  period set forth under s. 318.14(4), the fine must be reduced

  2  to $5, which the clerk of the court shall retain.

  3         (11)  Two hundred fifty dollars for a violation of s.

  4  316.2045(2)(e).

  5         Section 3.  Section 318.121, Florida Statutes, is

  6  amended to read:

  7         318.121  Preemption of additional fees, fines,

  8  surcharges, and costs.--Notwithstanding any general or special

  9  law, or municipal or county ordinance, additional fees, fines,

10  surcharges, or costs other than the court costs assessed under

11  s. 318.18(12) s. 318.18(11) may not be added to the civil

12  traffic penalties assessed in this chapter.

13         Section 4.  This act shall take effect upon becoming a

14  law.

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