Florida Statute 316.2045 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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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.

F.S. 316.2045 on Google Scholar

F.S. 316.2045 on CourtListener

Amendments to 316.2045

Annotations, Discussions, Cases:

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

Arrestable Offenses / Crimes under Fla. Stat. 316.2045

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

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

Cases Citing Statute 316.2045

Total Results: 16

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

571 So. 2d 1341, 1990 WL 145641

District Court of Appeal of Florida | Filed: Oct 3, 1990 | Docket: 1173417

Cited 16 times | Published

improve traffic flow constitutes a violation of section 316.2045(1), Florida Statutes (1987), which makes it

Hernandez v. State

784 So. 2d 1124, 1999 WL 1062502

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 1744076

Cited 14 times | Published

the right-of-way by one of the parked vans. Section 316.2045 provides: It is unlawful for any person or

Underwood v. State

801 So. 2d 200, 2001 WL 1538942

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 1495506

Cited 11 times | Published

after a stop for obstructing traffic under section 316.2045(1), Florida Statutes. For the reasons discussed

Currie v. Palm Beach County

578 So. 2d 760, 1991 WL 45544

District Court of Appeal of Florida | Filed: Apr 3, 1991 | Docket: 1525249

Cited 8 times | Published

jury *765 that it might consider violation of section 316.2045(1), Florida Statutes (1981), as evidence of

Bischoff v. Florida

242 F. Supp. 2d 1226, 2003 U.S. Dist. LEXIS 670, 2003 WL 147531

District Court, M.D. Florida | Filed: Jan 3, 2003 | Docket: 2312592

Cited 6 times | Published

Spangle"). They were each charged with violating section 316.2045(2), Florida Statutes, for obstruction of traffic

Koppelman v. State

876 So. 2d 618, 2004 WL 1335914

District Court of Appeal of Florida | Filed: Jun 16, 2004 | Docket: 1245166

Cited 5 times | Published

ticket for obstructing the roadway, under section 316.2045(1), Florida Statutes. 801 So.2d at 201. The

Bolton v. Smythe

432 So. 2d 129

District Court of Appeal of Florida | Filed: May 4, 1983 | Docket: 1677526

Cited 5 times | Published

against Smythe for violating a traffic statute (section 316.2045(1), Florida Statutes (1981)) and thereby causing

CW v. State

76 So. 3d 1093, 2011 WL 6783486

District Court of Appeal of Florida | Filed: Dec 28, 2011 | Docket: 2467814

Cited 3 times | Published

turn arose from an uncharged violation of section 316.2045, Florida Statutes (2010), a pedestrian infraction

Reid v. State

898 So. 2d 248, 2005 WL 602444

District Court of Appeal of Florida | Filed: Mar 16, 2005 | Docket: 1732286

Cited 3 times | Published

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

C.W. v. State

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

District Court of Appeal of Florida | Filed: Dec 28, 2011 | Docket: 60304165

Cited 2 times | Published

of a public street or road in violation of section 316.2045, Florida Statutes (2010), the officers were

Jones v. State

842 So. 2d 889, 2003 WL 289244

District Court of Appeal of Florida | Filed: Feb 12, 2003 | Docket: 2538934

Cited 2 times | Published

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

Barrier v. Duncan

541 So. 2d 631, 1989 WL 478

District Court of Appeal of Florida | Filed: Jan 6, 1989 | Docket: 470635

Cited 2 times | Published

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

Ago

Florida Attorney General Reports | Filed: Nov 7, 2007 | Docket: 3255485

Published

substantially the following question: Does section 316.2045(3), Florida Statutes, as amended by Chapter

Ago

Florida Attorney General Reports | Filed: Jul 18, 2003 | Docket: 3255382

Published

2045 and337.406, Florida Statutes? 2. Does section 316.2045, Florida Statutes, exempt organizations qualified

Ago

Florida Attorney General Reports | Filed: Aug 23, 1993 | Docket: 3258309

Published

316.2045 (1) and (2), and 316.2055, F.S. Section 316.2045, F.S., makes it unlawful to obstruct public

State v. Wolcoff

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

District Court of Appeal of Florida | Filed: Oct 14, 1987 | Docket: 64630449

Published

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

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.