Florida Statute 316.2035 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.2035

316.2035 Injurious substances prohibited; dragging vehicle or load; obstructing, digging, etc.—

(1) It is unlawful to place or allow to be placed upon any street or highway any tacks, wire, scrap metal, glass, crockery, or other substance which may be injurious to the feet of persons or animals or to the tires of vehicles or in any way injurious to the road.

(2) It is unlawful to allow any vehicle or contrivance or any part of same, or any load or portion of a load carried on the same, to drag upon any street or highway.

(3) It is unlawful to obstruct, dig up, or in any way disturb any street or highway. However, this subsection shall not be construed so as to hinder or prevent the installation or replacement of any utilities in accordance with the provisions of law now existing or that may hereafter be enacted.

(4) It is unlawful for any vehicle to be equipped with any solid tires or any airless-type tire on any motor-driven vehicle when operated upon a highway.

(5) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a nonmoving violation for infractions of subsection (1) or subsection (3) or as a moving violation for infractions of subsection (2) or subsection (4).

History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 157, ch. 99-248.

Note.—Former s. 316.104.

F.S. 316.2035 on Google Scholar

F.S. 316.2035 on Casetext

Amendments to 316.2035

Arrestable Offenses / Crimes under Fla. Stat. 316.2035

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.2035.

Civil Citations / Citable Offenses under S316.2035

R or S next to points is Mandatory Revocation or Suspension

S316.2035 (1) Placing INJURIOUS SUBSTANCE on road - Points on Drivers License: 0

S316.2035 (2) Dragging part of load - Points on Drivers License: 3

S316.2035 (3) Obstruct/dig up/disturb road - Points on Drivers License: 0

S316.2035 (4) Using airless tires - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases Citing Statute 316.2035

Total Results: 3

Dade County v. Dunn

Court: Fla. Dist. Ct. App. | Date Filed: 1997-05-14T00:00:00-07:00

Citation: 693 So. 2d 1035, 1997 Fla. App. LEXIS 5120, 1997 WL 244815

Snippet: punished as set forth in Section 30-208. Section 316.2035(3), Florida Statutes (1995), states in pertinent

Ago

Court: Fla. Att'y Gen. | Date Filed: 1984-05-03T00:53:00-07:00

Snippet: punished as set forth in s. 316.655. See also, s 316.2035(3), F.S., which makes it unlawful to obstruct,…is included within the terms of ss 316.2045 and 316.2035, this office cannot say that the installation …unlawful obstruction of such road in violation of ss 316.2035 and 316.2045, however, in the absence of any judicial

Ago

Court: Fla. Att'y Gen. | Date Filed: 1983-11-08T23:53:00-08:00

Snippet: proposed ordinance might be in conflict with s 316. 2035(3), F.S. This provision, in relevant part, provides