House Bill 0259c1

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    Florida House of Representatives - 2000              CS/HB 259

        By the Committee on Transportation and Representative C.
    Smith





  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 15 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 for warnings for violations

  9         prior to July 1, 2001; providing for citations

10         for pedestrian violations effective July 1,

11         2001; prohibiting persons from directing a

12         person under the age of 15 years to unlawfully

13         stand or approach motor vehicles on the road;

14         providing for warnings for violations prior to

15         July 1, 2001; providing for citations for

16         noncriminal traffic infractions effective July

17         1, 2001; amending s. 318.18, F.S.; providing

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

19         conforming a cross reference; amending s.

20         385.207, F.S.; removing an obsolete reference,

21         to conform; providing an effective date.

22

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

24

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

26  316.2045, Florida Statutes, are amended to read:

27         316.2045  Obstruction of public streets, highways, and

28  roads.--

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

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

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

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    Florida House of Representatives - 2000              CS/HB 259

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  1  retarding, or restraining traffic or passage thereon, by

  2  standing or approaching motor vehicles thereon, or by

  3  endangering the safe movement of vehicles or pedestrians

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

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

  6  for a pedestrian violation, punishable as provided in chapter

  7  318.

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

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

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

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

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

13  the provisions of this paragraph commits subsection is guilty

14  of a misdemeanor of the second degree, punishable as provided

15  in s. 775.082 or s. 775.083.

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

17  Internal Revenue Code and registered pursuant to chapter 496,

18  or persons or organizations acting on their behalf are

19  exempted from the provisions of this subsection for activities

20  on streets or roads not maintained by the state.

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

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

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

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

25  under the age of 15 years may not stand or approach a motor

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

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

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

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

30  the safety of the person under the age of 15. Law enforcement

31  officers may issue a warning to a minor under the age of 15

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  1  years who violates this paragraph. Effective July 1, 2001, a

  2  minor under the age of 15 years who violates this paragraph

  3  may be issued a citation by a law enforcement officer and

  4  assessed a fine for a noncriminal traffic infraction,

  5  punishable as a pedestrian violation, as provided in s.

  6  318.18. A violation of this paragraph shall not be subject to

  7  the provisions of s. 318.143.

  8         (e)  A person may not direct another person under the

  9  age of 15 years to violate paragraph (d). Law enforcement

10  officers may issue a warning to any person who violates this

11  paragraph.  Effective July 1, 2001, any person who violates

12  this paragraph may be issued a citation by a law enforcement

13  officer and assessed a fine for a noncriminal traffic

14  infraction, as provided in chapter 318.

15         Section 2.  Subsection (2) of section 318.18, Florida

16  Statutes, is amended, present subsection (11) is renumbered as

17  subsection (12), and a new subsection (11) is added to said

18  section, to read:

19         318.18  Amount of civil penalties.--The penalties

20  required for a noncriminal disposition pursuant to s. 318.14

21  are as follows:

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

23  thirty dollars for all nonmoving traffic violations and:

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

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

26  322.065, and 322.15(1).  Any person who is cited for a

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

28  pursuant to s. 320.07(4).

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

30  320.0605 or s. 320.07 can show proof of having a valid

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

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

  2  who finds it impossible or impractical to obtain a valid

  3  registration certificate must submit an affidavit detailing

  4  the reasons for the impossibility or impracticality. The

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

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

  7  which the vehicle is registered does not issue a certificate

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

  9  person.

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

11  322.03, s. 322.065, or s. 322.15 can show a driver's license

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

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

14  dismissal fee.

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

16  316.646 can show proof of security as required by s. 627.733,

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

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

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

20  to obtain proof of security must submit an affidavit detailing

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

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

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

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

25  personal injury protection insurance; or that the vehicle is

26  owned by another person.

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

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

29  person committing the violation corrects the defect and

30  obtains proof of such timely repair by an affidavit of

31  compliance executed by the law enforcement agency within 30

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    Florida House of Representatives - 2000              CS/HB 259

    198-332-00






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

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

  3  the affidavit of compliance, then upon presentation of said

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

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

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

  7         (11)  Fifty dollars for a violation of s.

  8  316.2045(2)(e).

  9         Section 3.  Section 318.121, Florida Statutes, is

10  amended to read:

11         318.121  Preemption of additional fees, fines,

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

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

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

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

16  traffic penalties assessed in this chapter.

17         Section 4.  Subsection (3) of section 385.207, Florida

18  Statutes, is amended to read:

19         385.207  Care and assistance of persons with epilepsy;

20  establishment of programs in epilepsy control.--

21         (3)  Revenue for statewide implementation of programs

22  for epilepsy prevention and education pursuant to this section

23  shall be derived pursuant to the provisions of s. 318.18(12)

24  and shall be deposited in the Epilepsy Services Trust Fund,

25  which is hereby established to be administered by the

26  Department of Health.  All funds deposited into the trust fund

27  shall be invested pursuant to the provisions of s. 18.125.

28  Interest income accruing to such invested funds shall increase

29  the total funds available under this subsection.

30         Section 5.  This act shall take effect upon becoming a

31  law.

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