House Bill hb0325

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    Florida House of Representatives - 2001                 HB 325

        By Representative 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         providing for citations for pedestrian

10         violations after a specified date; prohibiting

11         persons from directing a person under the age

12         of 15 years to unlawfully stand or approach

13         motor vehicles on the road; providing for

14         warnings for violations; providing for

15         citations for noncriminal traffic infractions

16         after a specified date; amending s. 318.18,

17         F.S.; providing penalties; amending s. 318.121,

18         F.S.; conforming a cross reference; providing

19         an effective date.

20

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

22

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 House of Representatives - 2001                 HB 325

    727-100C-01






  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 commits subsection is guilty

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

13  in s. 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 15 years may not stand or approach a motor

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

25  which 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 the person under the age of 15. Law enforcement

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

30  years who violates this paragraph. Effective July 1, 2002, a

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

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    Florida House of Representatives - 2001                 HB 325

    727-100C-01






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

  2  assessed a fine for a noncriminal traffic infraction,

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

  4  318.18. A violation of this paragraph shall not be subject to

  5  the provisions of s. 318.143.

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

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

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

  9  paragraph.  Effective July 1, 2002, any person who violates

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

11  officer and assessed a fine for a noncriminal traffic

12  infraction, as provided in chapter 318.

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

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

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

16  section, to read:

17         318.18  Amount of civil penalties.--The penalties

18  required for a noncriminal disposition pursuant to s. 318.14

19  are as follows:

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

21  thirty dollars for all nonmoving traffic violations and:

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

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

24  322.065, and 322.15(1).  Any person who is cited for a

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

26  pursuant to s. 320.07(4).

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

28  320.0605 or s. 320.07 can show proof of having a valid

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

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

31  who finds it impossible or impractical to obtain a valid

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    Florida House of Representatives - 2001                 HB 325

    727-100C-01






  1  registration certificate must submit an affidavit detailing

  2  the reasons for the impossibility or impracticality. The

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

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

  5  which the vehicle is registered does not issue a certificate

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

  7  person.

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

  9  322.03, s. 322.065, or s. 322.15 can show a driver's license

10  issued to him or her 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.

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

14  316.646 can show proof of security as required by s. 627.733,

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

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

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

18  to obtain proof of security must submit an affidavit detailing

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

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

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

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

23  personal injury protection insurance; or that the vehicle is

24  owned by another person.

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

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

27  person committing the violation corrects the defect and

28  obtains proof of such timely repair by an affidavit of

29  compliance executed by the law enforcement agency within 30

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

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

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    Florida House of Representatives - 2001                 HB 325

    727-100C-01






  1  the affidavit of compliance, then upon presentation of said

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

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

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

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

  6  316.2045(2)(e).

  7         Section 3.  Section 318.121, Florida Statutes, is

  8  amended to read:

  9         318.121  Preemption of additional fees, fines,

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

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

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

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

14  traffic penalties assessed in this chapter.

15         Section 4.  This act shall take effect July 1, 2001.

16

17            *****************************************

18                          HOUSE SUMMARY

19
      Prohibits persons under 15 years of age from standing or
20    approaching vehicles on any public street, highway, or
      road for purposes of soliciting, collecting from, or
21    distributing to the occupant of a motor vehicle. Provides
      for violations to be cited as pedestrian violations,
22    effective July 1, 2002, and for the issuance of a warning
      for violations prior to that date.
23

24    Prohibits persons from directing persons under the age of
      15 years to unlawfully stand or approach motor vehicles
25    on the road. Provides for violations to be cited as
      noncriminal traffic infractions, effective July 1, 2002,
26    and for the issuance of a warning for violations prior to
      that date.
27

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29

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