Florida Statute 351.034 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 351
RAILROADS

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F.S. 351.034

351.034 Railroad-highway grade crossings to be cleared for emergency vehicles.—Except for trains or equipment stopped due to mechanical failure where separation or movement is not possible, any train or equipment that has come to a complete stop and is blocking a railroad-highway grade crossing must be cut, separated, or moved to clear the crossing upon the approach of any emergency vehicle, which for the purpose of this law shall be:

(1) An ambulance operated by public authority or by private persons;

(2) A fire engine; or an emergency vehicle operated by power or electric companies; or

(3) Any other vehicle when operated as an emergency vehicle, defined as one which is engaged in the saving of life, property, or responding to any other public peril; or

(4) Emergency vehicles used as such by the Government of the United States; when upon the approach of such emergency vehicle, such vehicle gives due warning of its approach to such crossing by the sounding of sirens, flashing of lights, waving of flag, or any other warning sufficient to attract attention to such emergency vehicle; and thereupon the said train or equipment shall be cut and said crossing shall be cleared with all possible dispatch to permit the crossing and passing through of said emergency vehicle.

History.—s. 4, ch. 67-309; s. 5, ch. 80-289; ss. 2, 3, ch. 81-318; ss. 12, 14, ch. 82-90; ss. 3, 5, 6, ch. 92-192; s. 58, ch. 95-143; s. 143, ch. 99-13.

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Amendments to 351.034

Arrestable Offenses / Crimes under Fla. Stat. 351.034

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 351.034.

Annotations, Discussions, Cases:

Cases Citing Statute 351.034

Total Results: 7

Hendrix v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-09-14

Citation: 82 So. 3d 1040, 2011 Fla. App. LEXIS 14563, 2011 WL 4056169

Snippet: (1973). In Webb v. Texas, 409 U.S. 95, 98, 93 S.Ct. 351, 34 L.Ed.2d 330 (1972), the United States Supreme Court

Hill v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-04-04

Citation: 847 So. 2d 518, 2003 WL 1785875

Snippet: DCA 1980); Webb v. Texas, 409 U.S. 95, 93 S.Ct. 351, 34 L.Ed.2d 330 (1972); United States v. Smith, 997

Muhammad v. State

Court: Supreme Court of Florida | Date Filed: 2001-01-18

Citation: 782 So. 2d 343, 2001 WL 40365

Snippet: state. In Webb v. Texas, 409 U.S. 95, 93 S.Ct. 351, 34 L.Ed.2d 330 (1972), the United States Supreme Court

Demaio v. State Farm Mutual Automobile Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 1988-12-15

Citation: 534 So. 2d 1244, 13 Fla. L. Weekly 2730, 1988 Fla. App. LEXIS 5496, 1988 WL 132372

Snippet: Zimmerer v. Prudential Ins. Co. of America, 150 Neb. 351, 34 N.W.2d 750 (1948); Lewis v, O’Hair, 130 S.W.2d

State v. Montgomery

Court: District Court of Appeal of Florida | Date Filed: 1985-03-26

Citation: 467 So. 2d 387, 10 Fla. L. Weekly 853

Snippet: testimony. See Webb v. Texas, 409 U.S. 95, 93 S.Ct. 351, 34 L.Ed.2d 330 (1972). This violation warranted the

Demps v. State

Court: Supreme Court of Florida | Date Filed: 1982-06-24

Citation: 416 So. 2d 808

Snippet: Based on Webb v. Texas, 409 U.S. 95, 93 S.Ct. 351, 34 L.Ed.2d 330 (1972), the United States Court of

Reese v. State

Court: District Court of Appeal of Florida | Date Filed: 1980-04-09

Citation: 382 So. 2d 141

Snippet: denied. In Webb v. Texas, 409 U.S. 95, 93 S.Ct. 351, 34 L.Ed.2d 330 (1972), the defendant, on trial for