Florida Statute 316.2045 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 316.2045

Total Results: 20

C.W. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-28T00:00:00-08:00

Citation: 76 So. 3d 1093, 2011 Fla. App. LEXIS 20656

Snippet: specific law C.W. was violating was section 316.2045. Section 316.2045(1), titled “Obstruction of public streets… public street or road in violation of section 316.2045, Florida Statutes (2010), the officers were engaged…record clearly reflects that C.W. violated section 316.2045(1). It is undisputed that C.W. was standing in… or restraining traffic or passage thereon.” § 316.2045(1). Officer Sosa testified: A: They were blocking…he is guilty of obstruction pursuant to section 316.2045. Because: (1) the evidence is uncontroverted that

CW v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-27T23:53:00-08:00

Citation: 76 So. 3d 1093

Snippet: specific law C.W. was violating was section 316.2045. Section 316.2045(1), titled "Obstruction of public…turn arose from an uncharged violation of section 316.2045, Florida Statutes (2010), a pedestrian infraction… public street or road in violation of section 316.2045, Florida Statutes (2010), the officers were engaged…record clearly reflects that C.W. violated section 316.2045(1). It is undisputed that C.W. was standing in…restraining traffic or passage thereon." § 316.2045(1). Officer Sosa testified: A: They were blocking

Ago

Court: Fla. Att'y Gen. | Date Filed: 2007-11-06T23:53:00-08:00

Snippet: ). 6 Section 316.2045(1), Fla. Stat. 7 Section 316.2045(2), Fla. Stat. 8 Section 316.2045(3), Fla. Stat…substantially the following question: Does section 316.2045(3), Florida Statutes, as amended by Chapter 2007…communication of the information."3 Section 316.2045, Florida Statutes, has been challenged on First… of a United States Magistrate holding section 316.2045, Florida Statutes, facially invalid under the …surrounding the most recent amendments to section 316.2045, Florida Statutes, does not indicate that the

Reid v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-03-15T23:53:00-08:00

Citation: 898 So. 2d 248

Snippet: traffic in violation of Florida Statutes section 316.2045, which states in pertinent part: (1) It is unlawful

Ago

Court: Fla. Att'y Gen. | Date Filed: 2004-12-16T23:53:00-08:00

Snippet: Charlie Crist Attorney General CC/tjw 1 See s. 316.2045(1), Fla. Stat., providing that it is unlawful

Koppelman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-06-16T00:53:00-07:00

Citation: 876 So. 2d 618

Snippet: ticket for obstructing the roadway, under section 316.2045(1), Florida Statutes. 801 So.2d at 201. The trial…traffic statute. This court disagreed. Section 316.2045, "Obstruction of public streets, highways

Ago

Court: Fla. Att'y Gen. | Date Filed: 2003-07-18T00:53:00-07:00

Snippet: provisions of sections 316.2045 and337.406, Florida Statutes? 2. Does section 316.2045, Florida Statutes, …communication of the information."2 Both section 316.2045 and section 337.406, Florida Statutes, have been… of a United States magistrate holding section 316.2045, Florida Statutes, facially invalid under the …whether a possible conflict exists between sections 316.2045 and 337.406, Florida Statutes, rather than First…conflict between the two statutes and whether section 316.2045 exempts charitable organizations from having to

Jones v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-02-11T23:53:00-08:00

Citation: 842 So. 2d 889

Snippet: had probable cause that Jones violated section 316.2045(1), Florida Statutes (2001), which prohibits willfully

Underwood v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-12-04T23:53:00-08:00

Citation: 801 So. 2d 200

Snippet: after a stop for obstructing traffic under section 316.2045(1), Florida Statutes. For the reasons discussed…citation for obstructing the roadway, under section 316.2045(1), Florida Statutes. When the deputy approached…Holland v. State, 696 So.2d 757 (Fla.1997). Section 316.2045, Florida Statutes, is entitled, "Obstruction…maintenance. Arguing that the theater violated section 316.2045(1), Florida Statutes (obstruction of traffic),

Michel v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-01-06T23:53:00-08:00

Citation: 752 So. 2d 6

Snippet: obstruction of the highway, ss. 316.221, 316.222 and 316.2045, Fla. Stat. (1993), but defendants contend that

Hernandez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-11-24T00:00:00-08:00

Citation: 784 So. 2d 1124, 1999 WL 1062502

Snippet: right-of-way by one of the parked vans. Section 316.2045 provides: It is unlawful for any person or persons…violation, punishable as provided in chapter 318. § 316.2045(1), Fla. Stat. (1997) (Emphasis added). Though

Ago

Court: Fla. Att'y Gen. | Date Filed: 1993-08-23T00:53:00-07:00

Snippet: for violations of ss. 316.2045 (1) and (2), and 316.2055, F.S. Section 316.2045, F.S., makes it unlawful…material to the occupant of a motor vehicle. Section 316.2045(1), F.S., states that "any person or persons… exceed 500 may be assessed.3 Violations of s. 316.2045(2), F.S., are misdemeanors of the second degree…imposed may not exceed 500. Like violations of s. 316.2045(1), F.S., as discussed above, violations of s.

Currie v. Palm Beach County

Court: Fla. Dist. Ct. App. | Date Filed: 1991-04-02T23:53:00-08:00

Citation: 578 So. 2d 760

Snippet: 765 that it might consider violation of section 316.2045(1), Florida Statutes (1981), as evidence of negligence

Thunderbird Drive-In Theatre, Inc. v. REED EX REL. REED

Court: Fla. Dist. Ct. App. | Date Filed: 1990-10-03T00:00:00-07:00

Citation: 571 So. 2d 1341

Snippet: traffic flow constitutes a violation of section 316.2045(1), Florida Statutes (1987), which makes it unlawful… requested jury instruction based upon section 316.2045(1), Florida Statutes (1987), which states: It

Ago

Court: Fla. Att'y Gen. | Date Filed: 1990-07-10T00:53:00-07:00

Snippet: the party. 7 Section 316.003(53), F.S. 8 See, s. 316.2045(1), F.S., providing that it is unlawful for any

Barrier v. Duncan

Court: Fla. Dist. Ct. App. | Date Filed: 1989-01-05T23:53:00-08:00

Citation: 541 So. 2d 631

Snippet: vehicles or pedestrians traveling thereon. [§ 316.2045, Fla. Stat. (1985).] The foregoing instructions

State v. Wolcoff

Court: Fla. Dist. Ct. App. | Date Filed: 1987-10-14T00:00:00-07:00

Citation: 514 So. 2d 394, 12 Fla. L. Weekly 2411, 1987 Fla. App. LEXIS 10609

Snippet: for obstructing traffic in violation of section 316.2045(1), Florida Statutes (1985). Because the record

Ago

Court: Fla. Att'y Gen. | Date Filed: 1986-05-13T00:53:00-07:00

Snippet: same or cause it to be removed." Cf., s. 316.2045, F.S. And see, s. 316.560, F.S., providing that

Ago

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

Snippet: constitutes an unlawful obstruction of the road under s 316.2045, F.S., and you therefore inquire as to whether… as to what is included within the terms of ss 316.2045 and 316.2035, this office cannot say that the …obstruction of such road in violation of ss 316.2035 and 316.2045, however, in the absence of any judicial precedent

Bolton v. Smythe

Court: Fla. Dist. Ct. App. | Date Filed: 1983-05-04T00:53:00-07:00

Citation: 432 So. 2d 129

Snippet: Smythe for violating a traffic statute (section 316.2045(1), Florida Statutes (1981)) and thereby causing…injury to a person *131 using the roadway. Section 316.2045(1), formerly section 316.103, provides as follows