Florida Statutes 316.1891 – Designation of special event zones; definitions; enhanced penalties; vehicle impoundment
Current as of: 2023 | Check for updates
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(1) As used in this section, the term:
(a) “Promoter or organizer” means a person or entity who arranges, organizes, or sponsors a special event.
Terms Used In Florida Statutes 316.1891
- impound: means the act of storing a vehicle at a storage facility pursuant to an order of impoundment or immobilization under subsection (6) where the person impounding the vehicle exercises control, supervision, and responsibility over the vehicle. See Florida Statutes 316.193
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any individual, firm, company, agency, organization, partnership, corporation, association, trust, or other business entity of any kind whatsoever. See Florida Statutes 316.193
- roadway: refers to any such roadway separately, but not to all such roadways collectively. See Florida Statutes 316.003
(b) “Special event” means an unpermitted temporary activity or event organized or promoted via a social media platform, as defined in s. 501.2041(1), which is attended by 50 or more persons and substantially increases or disrupts the normal flow of traffic on a roadway, street, or highway.
(c) “Special event zone” means a contiguous area on or along a roadway, street, or highway which is designated by warning signs. The term includes a parking structure, a parking lot, or any other property, whether public or private, immediately adjacent to or along the designated area.
(2) In accordance with s. 316.008, the sheriff or chief administrative officer of a county or municipality may designate a special event zone in response to a special event that takes place or is reasonably anticipated to take place on a roadway, street, or highway over which the sheriff or chief administrative officer has jurisdiction. If a special event takes place or is reasonably anticipated to take place in multiple jurisdictions, the sheriff or chief administrative officer of each jurisdiction may coordinate to designate a special event zone covering multiple jurisdictions.
(3) The sheriff or chief administrative officer must enforce a special event zone in a manner that causes the least inconvenience to the public and that is consistent with preserving the public health, safety, and welfare. A special event zone must:
(a) Be designated by the posting of a clearly legible warning sign at each point of ingress or egress stating, “Special Event Zone–All Fines Doubled. Vehicles Subject to Impoundment for Traffic Infractions and Violations.” The warning sign must be large enough to be clearly visible to occupants of passing vehicular traffic on roadways, with letters at least 3 inches in height, and must be posted at least 24 hours before enforcement may commence.
(b) Remain in effect as long as is reasonably necessary to ensure the public health, safety, and welfare but may not remain in effect after the special event has dissipated.
(4) Notwithstanding any other provision of law, a person who commits a noncriminal traffic infraction in a special event zone must pay a fine double the amount provided in chapter 318.
(5)(a) In addition to any other penalty authorized by this section, a law enforcement officer may impound the motor vehicle of a person who commits a noncriminal traffic infraction or a criminal traffic violation in a special event zone. The term of impoundment authorized under this subsection may not exceed 72 hours. The motor vehicle must be released immediately upon the payment of any impoundment costs and fees, regardless of whether the payment is made before the 72-hour period.
(b) All costs and fees for the motor vehicle impoundment must be paid by the owner of the vehicle or, if the vehicle is leased or rented, by the person leasing or renting the vehicle, unless the noncriminal traffic infraction or the criminal charge is dismissed.
(c) Section 713.78 applies to a vehicle impounded under this subsection.
(6) Notwithstanding s. 633.118, the sheriff or chief administrative officer of a county or municipality may temporarily authorize a law enforcement officer to enforce occupancy limits on private or public property in a special event zone. Temporary authority granted under this subsection is supplemental to the authority granted in s. 633.118.
(7) The sheriff or chief administrative officer of a county or municipality who designates a special event zone may recover from a promoter or organizer of a special event all relevant costs and fees associated with designating and enforcing the special event zone, including, but not limited to, costs and fees for the provision of supplemental law enforcement, firefighter, emergency medical technician or paramedic, and sanitation services.