Florida Senate - 2017 SB 1096 By Senator Gainer 2-01475-17 20171096__ 1 A bill to be entitled 2 An act relating to obstruction of traffic during a 3 protest or demonstration; creating s. 316.128, F.S.; 4 prohibiting a person from obstructing or interfering 5 with traffic during a certain protest or 6 demonstration; providing criminal penalties; exempting 7 a motor vehicle operator from liability for injury or 8 death to a person who is obstructing or interfering 9 with traffic under certain circumstances; specifying 10 burden of proof; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 316.128, Florida Statutes, is created to 15 read: 16 316.128 Obstruction of traffic during a protest or 17 demonstration.— 18 (1) A person may not obstruct or interfere with the regular 19 flow of vehicular traffic on a public road, street, or highway 20 during a protest or demonstration for which a public assembly 21 permit or other applicable special event permit has not been 22 issued by a county or municipality. A person who violates this 23 subsection commits a misdemeanor of the second degree, 24 punishable as provided in s. 775.082 or s. 775.083. 25 (2) A motor vehicle operator who unintentionally causes 26 injury or death to a person who obstructs or interferes with the 27 regular flow of vehicular traffic in violation of subsection (1) 28 is not liable for such injury or death. In any action brought 29 pursuant to this section, a person accused of violating 30 subsection (1) or his or her representative has the burden of 31 proving that he or she did not violate subsection (1) or that 32 the injury or death was not unintentional. 33 Section 2. This act shall take effect July 1, 2017.