Florida Statute 337.406 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION

Chapter 337
CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF PROPERTY

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F.S. 337.406

337.406 Unlawful use of state transportation facility right-of-way; penalties.—

(1) Except when leased as provided in s. 337.25(5) or otherwise authorized by the rules of the department, it is unlawful to make any use of the right-of-way of any state transportation facility, including appendages thereto, outside of an incorporated municipality in any manner that interferes with the safe and efficient movement of people and property from place to place on the transportation facility. Failure to prohibit the use of right-of-way in this manner will endanger the health, safety, and general welfare of the public by causing distractions to motorists, unsafe pedestrian movement within travel lanes, sudden stoppage or slowdown of traffic, rapid lane changing and other dangerous traffic movement, increased vehicular accidents, and motorist injuries and fatalities. Such prohibited uses include, but are not limited to, the free distribution or sale, or display or solicitation for free distribution or sale, of any merchandise, goods, property or services; the solicitation for charitable purposes; the servicing or repairing of any vehicle, except the rendering of emergency service; the storage of vehicles being serviced or repaired on abutting property or elsewhere; and the display of advertising of any sort, except that any portion of a state transportation facility may be used for an art festival, parade, fair, or other special event if permitted by the appropriate local governmental entity. Local government entities may issue permits of limited duration for the temporary use of the right-of-way of a state transportation facility for any of these prohibited uses if it is determined that the use will not interfere with the safe and efficient movement of traffic and the use will cause no danger to the public. The permitting authority granted in this subsection shall be exercised by the municipality within incorporated municipalities and by the county outside an incorporated municipality. Before a road on the State Highway System may be temporarily closed for a special event, the local governmental entity which permits the special event to take place must determine that the temporary closure of the road is necessary and must obtain the prior written approval for the temporary road closure from the department. Nothing in this subsection shall be construed to authorize such activities on any limited access highway. Local governmental entities may, within their respective jurisdictions, initiate enforcement action by the appropriate code enforcement authority or law enforcement authority for a violation of this section.

(2) Persons holding valid peddlers’ licenses issued by appropriate governmental entities may make sales from vehicles standing on the right-of-way to occupants of abutting property only.

(3) The Department of Highway Safety and Motor Vehicles and other law enforcement agencies are authorized and directed to enforce this statute.

(4)(a) Camping is prohibited on any portion of the right-of-way of the State Highway System.

(b) This subsection does not apply to a person who has acquired the appropriate permits and is actively navigating the federally designated Florida National Scenic Trail recognized by the state in s. 260.012(6).

(5) The violation of any provision of this section or any rule promulgated by the department pursuant to this section constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and each day a violation continues to exist constitutes a separate offense.

History.—s. 1, ch. 73-188; s. 1, ch. 79-30; s. 206, ch. 81-259; s. 168, ch. 84-309; s. 3, ch. 86-37; s. 3, ch. 87-266; s. 25, ch. 88-168; s. 9, ch. 90-227; s. 43, ch. 95-257; s. 10, ch. 2005-281; s. 23, ch. 2010-225; s. 36, ch. 2025-155.

Note.—Former s. 339.301.

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Amendments to 337.406

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 337.406

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

S337.406 - NONMOVING TRAFFIC VIOL - VIOL USE OF STATE RIGHT OF WAY - M: S

Cases Citing Statute 337.406

Total Results: 6

Sentinel Communications Company v. Watts

936 F.2d 1189, 19 Media L. Rep. (BNA) 1097, 1991 U.S. App. LEXIS 16119

Court of Appeals for the Eleventh Circuit | Filed: Jul 26, 1991 | Docket: 1003792

Cited 73 times | Published

(as before) as violative of section 337.406 Because section 337.406 has since been recently amended

News and Sun-Sentinel Co. v. Cox

702 F. Supp. 891, 1988 U.S. Dist. LEXIS 14755, 1988 WL 136593

District Court, S.D. Florida | Filed: Dec 19, 1988 | Docket: 2104065

Cited 12 times | Published

Amendment complaint is vindicated). Since Fla.Stat. § 337.406 "directly implicates freedom of the press, [this

Sentinel Communications Co. v. Watts

936 F.2d 1189, 1991 WL 123891

Court of Appeals for the Eleventh Circuit | Filed: Jul 26, 1991 | Docket: 66265256

Cited 11 times | Published

or distribution of newspapers. See Fla.Stat. § 337.406 (1989) (declaring it "unlawful to make any commercial

News and Sun-Sentinel Co. v. Cox

700 F. Supp. 30, 1988 U.S. Dist. LEXIS 13020, 1988 WL 124076

District Court, S.D. Florida | Filed: Nov 23, 1988 | Docket: 1013130

Cited 7 times | Published

Fort Lauderdale from enforcing Florida Statute § 337.406 from banning the sale of newspapers on right-of-ways

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

permit provisions of another criminal statute, § 337.406." (Doc. 100 at 32). The language of section 316

Ago

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

Published

the information."2 Both section 316.2045 and section 337.406, Florida Statutes, have been challenged on