Senate Bill sb0086

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    Florida Senate - 2001                                    SB 86

    By Senator Meek





    36-8-01

  1                      A bill to be entitled

  2         An act relating to traffic safety; amending s.

  3         316.2045, F.S.; prohibiting certain minors from

  4         standing or approaching vehicles on any public

  5         street, highway, or road for purposes of

  6         soliciting or collecting contributions from or

  7         distributing materials to the occupant of a

  8         motor vehicle; providing that a first-time

  9         violation results in a warning and that

10         subsequent violations will be cited as

11         pedestrian violations; prohibiting persons from

12         directing such minors to unlawfully stand or

13         approach motor vehicles on the road; providing

14         that a first-time violation results in a

15         warning and that subsequent violations will be

16         cited as noncriminal traffic infractions;

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

18         amending s. 318.121, F.S.; conforming a

19         cross-reference; amending s. 318.21, F.S.;

20         providing a cross-reference; providing an

21         effective date.

22

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

24

25         Section 1.  Subsection (2) of section 316.2045, Florida

26  Statutes, is amended to read:

27         316.2045  Obstruction of public streets, highways, and

28  roads.--

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

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

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

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    Florida Senate - 2001                                    SB 86
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  1  street, highway, or road by any of the means specified in

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

  3  the provisions of this paragraph subsection is guilty of a

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

  5  775.082 or s. 775.083.

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

  7  Internal Revenue Code and registered pursuant to chapter 496,

  8  or persons or organizations acting on their behalf are

  9  exempted from the provisions of this subsection for activities

10  on streets or roads not maintained by the state.

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

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

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

14         (d)  Notwithstanding paragraphs (b) and (c), a minor

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

16  motor vehicle on any public street, highway, or road in an

17  area that is open for vehicular traffic in order to solicit or

18  collect a contribution from or distribute any material to the

19  occupant of a motor vehicle if doing so involves risk to the

20  safety of the minor. Notwithstanding s. 318.143, a violation

21  of this paragraph is a noncriminal traffic infraction,

22  punishable as a pedestrian violation as provided in chapter

23  318. However, for a first-time violation of this paragraph,

24  the law enforcement officer shall issue only a warning to the

25  offender.

26         (e)  Any person who directs a minor under the age of 15

27  years to violate paragraph (d) shall be cited for a

28  noncriminal traffic infraction, punishable as provided in

29  chapter 318. However, for a first-time violation of this

30  paragraph, the law enforcement officer shall issue only a

31  warning to the offender.

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    Florida Senate - 2001                                    SB 86
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  1         Section 2.  Subsection (2) of section 318.18, Florida

  2  Statutes, is amended, present subsection (11) of that section

  3  is redesignated as subsection (12), and a new subsection (11)

  4  is added to that section, to read:

  5         318.18  Amount of civil penalties.--The penalties

  6  required for a noncriminal disposition pursuant to s. 318.14

  7  are as follows:

  8         (2)  Except as otherwise provided in this section, $30

  9  Thirty dollars for all nonmoving traffic violations and:

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

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

12  322.065, and 322.15(1).  Any person who is cited for a

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

14  pursuant to s. 320.07(4).

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

16  320.0605 or s. 320.07 can show proof of having a valid

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

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

19  who finds it impossible or impractical to obtain a valid

20  registration certificate must submit an affidavit detailing

21  the reasons for the impossibility or impracticality. The

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

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

24  which the vehicle is registered does not issue a certificate

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

26  person.

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

28  322.03, s. 322.065, or s. 322.15 can show a driver's license

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

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

31  dismissal fee.

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    Florida Senate - 2001                                    SB 86
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  1         3.  If a person who is cited for a violation of s.

  2  316.646 can show proof of security as required by s. 627.733,

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

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

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

  6  to obtain proof of security must submit an affidavit detailing

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

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

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

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

11  personal injury protection insurance; or that the vehicle is

12  owned by another person.

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

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

15  person committing the violation corrects the defect and

16  obtains proof of such timely repair by an affidavit of

17  compliance executed by the law enforcement agency within 30

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

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

20  the affidavit of compliance, then upon presentation of said

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

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

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

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

25  316.2045(2)(e).

26         Section 3.  Section 318.121, Florida Statutes, is

27  amended to read:

28         318.121  Preemption of additional fees, fines,

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

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

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

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    Florida Senate - 2001                                    SB 86
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  1  s. 318.18(12) s. 318.18(11) may not be added to the civil

  2  traffic penalties assessed in this chapter.

  3         Section 4.  Subsection (6) of section 318.21, Florida

  4  Statutes, is amended to read:

  5         318.21  Disposition of civil penalties by county

  6  courts.--All civil penalties received by a county court

  7  pursuant to the provisions of this chapter shall be

  8  distributed and paid monthly as follows:

  9         (6)  For every violation of s. 316.2045(2)(d) or (e),

10  s. 316.613, or s. 316.614, $5 will be deducted from the civil

11  penalty assessed under this chapter and deposited into the

12  Epilepsy Services Trust Fund established under s. 385.207.

13  The remainder must be distributed pursuant to subsections (1)

14  and (2).

15         Section 5.  This act shall take effect July 1, 2001.

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18                          SENATE SUMMARY

19    Provides restrictions on the solicitation of, collection
      from, or distribution to the occupant of a motor vehicle
20    on a public street or highway by specified persons.
      Provides penalties.
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