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Florida Statute 316.2045 | Lawyer Caselaw & Research
F.S. 316.2045 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 316.2045

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.2045
316.2045 Obstruction of public streets, highways, and roads.
(1)(a) A person may not willfully obstruct the free, convenient, and normal use of a public street, highway, or road by:
1. Impeding, hindering, stifling, retarding, or restraining traffic or passage thereon;
2. Standing on or remaining in the street, highway, or road; or
3. Endangering the safe movement of vehicles or pedestrians traveling thereon.
(b) A person who violates paragraph (a) shall be cited for a pedestrian violation, punishable as provided in chapter 318.
(c) This subsection does not prohibit a local governmental entity from issuing a special event permit as authorized by law.
(2) Notwithstanding subsection (1), any commercial vehicle used solely for the purpose of collecting solid waste or recyclable or recovered materials may stop or stand on any public street, highway, or road for the sole purpose of collecting solid waste or recyclable or recovered materials. However, such solid waste or recyclable or recovered materials collection vehicle shall show or display amber flashing hazard lights at all times that it is engaged in stopping or standing for the purpose of collecting solid waste or recyclable or recovered materials. Local governments may establish reasonable regulations governing the standing and stopping of such commercial vehicles, provided that such regulations are applied uniformly and without regard to the ownership of the vehicles.
History.s. 1, ch. 71-135; ss. 1, 13, ch. 76-31; s. 1, ch. 87-378; s. 61, ch. 93-207; s. 29, ch. 96-350; s. 2, ch. 2007-43; s. 2, ch. 2021-6.
Note.Former s. 316.103.

F.S. 316.2045 on Google Scholar

F.S. 316.2045 on Casetext

Amendments to 316.2045


Arrestable Offenses / Crimes under Fla. Stat. 316.2045
Level: Degree
Misdemeanor/Felony: First/Second/Third

S316.2045 2 - PUBLIC ORDER CRIMES - REMOVED - M: S


Civil Citations / Citable Offenses under S316.2045
R or S next to points is Mandatory Revocation or Suspension

S316.2045 (1) PEDESTRIAN - Obstructing/Hindering traffic/Highway - Points on Drivers License: 0
S316.2045 (2) Pedestrian - Obstructing/hindering traffic/highway, soliciting without permit - Points on Drivers License: 0


Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. PAUL,, 565 F. App'x 780 (11th Cir. 2014)

. . . . § 316.2045(1). . . .

C. W. a v. STATE, 76 So. 3d 1093 (Fla. Dist. Ct. App. 2011)

. . . . committing a pedestrian violation, obstruction of a public street or road in violation of section 316.2045 . . . The specific law C.W. was violating was section 316.2045. . . . Section 316.2045(1), titled “Obstruction of public streets, highways, and roads,” provides as follows . . . Despite, the majority’s contrary conclusion, the record clearly reflects that C.W. violated section 316.2045 . . . CONCLUSION The arresting officers observed C.W. committing a violation of section 316.2045 by standing . . . arrest was the alleged disorderly conduct, which in turn arose from an uncharged violation of section 316.2045 . . .

REID, v. STATE, 898 So. 2d 248 (Fla. Dist. Ct. App. 2005)

. . . The officer stopped appellant for willfully blocking traffic in violation of Florida Statutes section 316.2045 . . .

KOPPELMAN, v. STATE, 876 So. 2d 618 (Fla. Dist. Ct. App. 2004)

. . . his purpose for stopping the vehicle was to issue a ticket for obstructing the roadway, under section 316.2045 . . . Section 316.2045, “Obstruction of public streets, highways, and roads,” provides the following: It is . . .

SUN- SENTINEL CO. Co. A v. CITY OF HOLLYWOOD,, 274 F. Supp. 2d 1323 (S.D. Fla. 2003)

. . . Bischoff struck down Florida Statutes 316.2045 and 316.2055 as unconstitutional. . . . The Bischoff court reasoned that one of. the statutes, 316.2045, " 'facially prefers the viewpoint expressed . . . Moreover, 316.130(5), unlike 316.2045, does not facially prefer charitable activity or political campaigning . . . In addition, 316.2045 states: "it is unlawful, without proper authorization or a lawful permit, for any . . . Ann. 316.2045. . . .

JONES, v. STATE, 842 So. 2d 889 (Fla. Dist. Ct. App. 2003)

. . . The State argues that the police had probable cause that Jones violated section 316.2045(1), Florida . . .

BISCHOFF, v. FLORIDA, C., 242 F. Supp. 2d 1226 (M.D. Fla. 2003)

. . . Stat. § 316.2045. . . . Stat. § 316.2045 Is Content-Based and Vague On its face, § 316.2045 regulates- speech on the basis of . . . Stat. § 316.2045(2)-(4). . . . Stat. § 316.2045(4). . . . . Stat. § 316.2045 does not, standing alone, have the problems created by the preferences in § 316.2045 . . .

UNDERWOOD, v. STATE, 801 So. 2d 200 (Fla. Dist. Ct. App. 2001)

. . . denial of his motion to suppress evidence seized after a stop for obstructing traffic under section 316.2045 . . . stopping the vehicle was to issue the driver a citation for obstructing the roadway, under section 316.2045 . . . Section 316.2045, Florida Statutes, is entitled, “Obstruction of public streets, highways, and roads, . . . Arguing that the theater violated section 316.2045(1), Florida Statutes (obstruction of traffic), by . . .

BISCHOFF, v. OSCEOLA COUNTY, FLORIDA, a, 222 F.3d 874 (11th Cir. 2000)

. . . against Osceola County, Florida alleging that Florida Uniform Traffic Control Law chapters 316.2055 and 316.2045 . . . Benham, Bowman, and Marschke were charged with violating chapters 316.2045 and 316.2055 of the Florida . . . The relevant provisions of chapter 316.2045 are as follows: (1) It is unlawful for any person or persons . . .

MICHEL v. STATE, 752 So. 2d 6 (Fla. Dist. Ct. App. 2000)

. . . requiring taillamps, stop lamps, and prohibiting the obstruction of the highway, ss. 316.221, 316.222 and 316.2045 . . .

HERNANDEZ, v. STATE, 784 So. 2d 1124 (Fla. Dist. Ct. App. 1999)

. . . Section 316.2045 provides: It is unlawful for any person or persons willfully to obstruct the free, convenient . . . upon conviction, shall be cited for a pedestrian violation, punishable as provided in chapter 318. § 316.2045 . . .

BISCHOFF v. OSCEOLA COUNTY,, 35 F. Supp. 2d 1358 (M.D. Fla. 1999)

. . . Uniform Traffic Control Law, Fla.Stat. chs. 316.001 - 316.75, specifically chapter 316.2055 and chapter 316.2045 . . . In their nine count complaint, the plaintiffs argue that chapters 316.2045 and 316.2055 violate a variety . . . Chapters 316.2055 and 316.2045 are both plainly content neutral. . . . Also, although chapter 316.2045 requires permits for all solicitors except for qualified charities and . . . The plaintiffs also argue that the exception for qualified charities set forth in chapter 316.2045 prefers . . .

MADSEN v. WOMEN S HEALTH CENTER, INC., 512 U.S. 753 (U.S. 1994)

. . . . §§870.041-870.047 (1991) (public peace); § 316.2045 (obstruction of public streets, highways, and roads . . .

CURRIE, a v. PALM BEACH COUNTY,, 578 So. 2d 760 (Fla. Dist. Ct. App. 1991)

. . . appellee suggests that it was error to instruct the jury that it might consider violation of section 316.2045 . . .

THUNDERBIRD DRIVE- IN THEATRE, INC. In v. L. REED, By REED F., 571 So. 2d 1341 (Fla. Dist. Ct. App. 1990)

. . . Boulevard without hiring any police personnel to improve traffic flow constitutes a violation of section 316.2045 . . .

NEWS AND SUN- SENTINEL COMPANY, a d b a v. O. COX, H. a C., 702 F. Supp. 891 (S.D. Fla. 1988)

. . . In addition, Florida Statutes Sections 337.406(1) and 316.2045(1) are available. . . . such authorizations exist, although the political campaigning exception contained in Fla.Stat. sec. 316.2045 . . .

STATE v. WOLCOFF,, 514 So. 2d 394 (Fla. Dist. Ct. App. 1987)

. . . Fort Laud-erdale at approximately 4:50 in the morning for obstructing traffic in violation of section 316.2045 . . .

D. BOLTON, Jr. a v. SMYTHE,, 432 So. 2d 129 (Fla. Dist. Ct. App. 1983)

. . . Complaint stated a prima facie case of negligence against Smythe for violating a traffic statute (section 316.2045 . . . Section 316.2045(1), formerly section 316.103, provides as follows: It is unlawful for any person or . . .