Florida Statute 316.2045 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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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: District Court of Appeal of Florida | Date Filed: 2011-12-28

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

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

CW v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-12-28

Citation: 76 So. 3d 1093, 2011 WL 6783486

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2007-11-07

Snippet: substantially the following question: Does section 316.2045(3), Florida Statutes, as amended by Chapter 2007-43

Reid v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-03-16

Citation: 898 So. 2d 248, 2005 WL 602444

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2004-12-17

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

Koppelman v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-06-16

Citation: 876 So. 2d 618, 2004 WL 1335914

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2003-07-18

Snippet: provisions of sections 316.2045 and337.406, Florida Statutes? 2. Does section 316.2045, Florida Statutes,

Jones v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-02-12

Citation: 842 So. 2d 889, 2003 WL 289244

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

Underwood v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-12-05

Citation: 801 So. 2d 200, 2001 WL 1538942

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

Michel v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-01-07

Citation: 752 So. 2d 6, 2000 WL 6119

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

Hernandez v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-11-24

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1993-08-23

Snippet: for violations of ss. 316.2045 (1) and (2), and 316.2055, F.S. Section 316.2045, F.S., makes it unlawful

Currie v. Palm Beach County

Court: District Court of Appeal of Florida | Date Filed: 1991-04-03

Citation: 578 So. 2d 760, 1991 WL 45544

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: District Court of Appeal of Florida | Date Filed: 1990-10-03

Citation: 571 So. 2d 1341, 1990 WL 145641

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1990-07-10

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: District Court of Appeal of Florida | Date Filed: 1989-01-06

Citation: 541 So. 2d 631, 1989 WL 478

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

State v. Wolcoff

Court: District Court of Appeal of Florida | Date Filed: 1987-10-14

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

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

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