Florida Statutes
Fla. Stat. § 316.2045 (2025)
Obstruction of public streets, highways, and roads.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 316.2045
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§316.2045(2)PUBLIC ORDER CRIMESREMOVED
Civil Citations under F.S. 316.2045
Driver's license points · R = revocation · S = suspension§316.2045(1)PEDESTRIAN - Obstructing/Hindering traffic/highway
Notes of Decisions
Cited in 19
cases (3 in the last 5 years), 1983–2025 · leading case: Bischoff v. Florida, 242 F. Supp. 2d 1226 (M.D. Fla. 2003).
Bischoff v. Florida, 242 F. Supp. 2d 1226 (M.D. Fla. 2003). “The Sheriffs Office charged them with violating Fla. Stat. §§ 316.2045 (2) (obstruction of traffic to solicit without a permit) and 316.”
Underwood v. State, 801 So. 2d 200 (Fla. 4th DCA 2001). “2045, Florida Statutes, is entitled, "Obstruction of public streets, highways, and roads," and provides in pertinent part the following: It is unlawful for any person or persons willfully to obstruct the free, convenient and normal use of any public street, highway, or road by…”
Thunderbird Drive-In Theatre, Inc. v. REED EX REL. REED, 571 So. 2d 1341 (Fla. 4th DCA 1990). “In addition to the charges of negligent design and operation of the theatre entrance, Reed contended that the resulting traffic congestion on Sunrise Boulevard without hiring any police personnel to improve traffic flow constitutes a violation of section 316.2045(1), Florida…”
Koppelman v. State, 876 So. 2d 618 (Fla. 4th DCA 2004). “Section 316.2045, "Obstruction of public streets, highways, and roads," provides the following: It is unlawful for any person or persons willfully to obstruct the free, convenient and normal use of any public street, highway, or road by impeding, hindering, stifling, retarding,…”
C.W. v. State, 76 So. 3d 1093 (Fla. 3d DCA 2011). “2 The underlying basis for the arrest was the alleged disorderly conduct, which in turn arose from an uncharged violation of section 316.2045, Florida Statutes (2010), a pedestrian infraction for obstructing traffic.”
Hernandez v. State, 784 So. 2d 1124 (Fla. 3d DCA 1999). “Section 316.2045 provides: It is unlawful for any person or persons willfully to obstruct the free, convenient, and normal use of any public street, highway, or road by impeding, hindering, stifling, retarding, or restraining traffic or passage thereon, by standing or…”
Bolton v. Smythe, 432 So. 2d 129 (Fla. 5th DCA 1983). “We also think Count II of the Third Amended Complaint stated a prima facie case of negligence against Smythe for violating a traffic statute (section 316.2045(1), Florida Statutes (1981)) and thereby causing an accident and injury to a person *131 using the roadway.”
Vigue v. Shoar (M.D. Fla. 2020). “2045(2)–(4) contain exceptions to the permitting requirement for Internal Revenue Code § 501(c)(3) registered organizations and for political campaigning.”
Currie v. Palm Beach Cnty., 578 So. 2d 760 (Fla. 4th DCA 1991). “On cross appeal, appellee suggests that it was error to instruct the jury *765 that it might consider violation of section 316.2045(1), Florida Statutes (1981), as evidence of negligence.”
Jones v. State, 842 So. 2d 889 (Fla. 2d DCA 2003). “The State argues that the police had probable cause that Jones violated section 316.2045(1), Florida Statutes (2001), which prohibits willfully obstructing "the free, convenient, and normal use of any public street, highway, or road by impeding, hindering, stifling, retarding,…”
Reid v. State, 898 So. 2d 248 (Fla. 4th DCA 2005). “NOTES [1] The officer stopped appellant for willfully blocking traffic in violation of Florida Statutes section 316.2045, which states in pertinent part: (1) It is unlawful for any person or persons willfully to obstruct the free, convenient, and normal use of any public street,…”
Barrier v. Duncan, 541 So. 2d 631 (Fla. 1st DCA 1989). “[§ 316.2045, Fla. Stat. (1985).] The foregoing instructions constitute a correct statement of the law of Florida regarding stopping on the highway.”
— 316.2045(1) — 12 cases
Underwood v. State, 801 So. 2d 200 (Fla. 4th DCA 2001). “2045, Florida Statutes, is entitled, "Obstruction of public streets, highways, and roads," and provides in pertinent part the following: It is unlawful for any person or persons willfully to obstruct the free, convenient and normal use of any public street, highway, or road by…”
Thunderbird Drive-In Theatre, Inc. v. REED EX REL. REED, 571 So. 2d 1341 (Fla. 4th DCA 1990). “In addition to the charges of negligent design and operation of the theatre entrance, Reed contended that the resulting traffic congestion on Sunrise Boulevard without hiring any police personnel to improve traffic flow constitutes a violation of section 316.2045(1), Florida…”
Koppelman v. State, 876 So. 2d 618 (Fla. 4th DCA 2004). “Section 316.2045, "Obstruction of public streets, highways, and roads," provides the following: It is unlawful for any person or persons willfully to obstruct the free, convenient and normal use of any public street, highway, or road by impeding, hindering, stifling, retarding,…”
Bolton v. Smythe, 432 So. 2d 129 (Fla. 5th DCA 1983). “We also think Count II of the Third Amended Complaint stated a prima facie case of negligence against Smythe for violating a traffic statute (section 316.2045(1), Florida Statutes (1981)) and thereby causing an accident and injury to a person *131 using the roadway.”
Hernandez v. State, 784 So. 2d 1124 (Fla. 3d DCA 1999). “Section 316.2045 provides: It is unlawful for any person or persons willfully to obstruct the free, convenient, and normal use of any public street, highway, or road by impeding, hindering, stifling, retarding, or restraining traffic or passage thereon, by standing or…”
— 316.2045(1)(a) — 1 case
Vigue v. Shoar (M.D. Fla. 2020). “2045(2)–(4) contain exceptions to the permitting requirement for Internal Revenue Code § 501(c)(3) registered organizations and for political campaigning.”
— 316.2045(1)(a)(1) — 1 case
Dream Defenders v. Desantis (N.D. Fla. 2021).
— 316.2045(1)(a)(2) — 1 case
Dream Defenders v. Desantis (N.D. Fla. 2021).
— 316.2045(2) — 2 cases
Bischoff v. Florida, 242 F. Supp. 2d 1226 (M.D. Fla. 2003). “The Sheriffs Office charged them with violating Fla. Stat. §§ 316.2045 (2) (obstruction of traffic to solicit without a permit) and 316.”
Vigue v. Shoar (M.D. Fla. 2020). “2045(2)–(4) contain exceptions to the permitting requirement for Internal Revenue Code § 501(c)(3) registered organizations and for political campaigning.”
— 316.2045(3) — 2 cases
Bischoff v. Florida, 242 F. Supp. 2d 1226 (M.D. Fla. 2003). “The Sheriffs Office charged them with violating Fla. Stat. §§ 316.2045 (2) (obstruction of traffic to solicit without a permit) and 316.”
Vigue v. Shoar (M.D. Fla. 2020). “2045(2)–(4) contain exceptions to the permitting requirement for Internal Revenue Code § 501(c)(3) registered organizations and for political campaigning.”
— 316.2045(4) — 2 cases
Bischoff v. Florida, 242 F. Supp. 2d 1226 (M.D. Fla. 2003). “The Sheriffs Office charged them with violating Fla. Stat. §§ 316.2045 (2) (obstruction of traffic to solicit without a permit) and 316.”
Vigue v. Shoar (M.D. Fla. 2020). “2045(2)–(4) contain exceptions to the permitting requirement for Internal Revenue Code § 501(c)(3) registered organizations and for political campaigning.”
— 316.2045(5) — 1 case
Vigue v. Shoar (M.D. Fla. 2020). “2045(2)–(4) contain exceptions to the permitting requirement for Internal Revenue Code § 501(c)(3) registered organizations and for political campaigning.”
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