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.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 316.128, Florida Statutes, is created to
   15  read:
   16         316.128Obstruction 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.