‘Stupid Motorist Law’ passed in this Florida county. Here’s what you need to know

Volusia County Council passes measure

VOLUSIA COUNTY, Fla. – A “Stupid Motorist Law” adopted in Arizona was passed by the Volusia County Council in June.

The law authorizes a driver to be charged with the costs of an emergency response if they become stranded after maneuvering around barricades to enter a flooded street or highway.

Volusia County Council members opted to enact the Arizona statute in March.

Currently, local governments throughout Florida have limited power “to enact traffic regulations, are preempted from assessing additional fines, fees, surcharges, or costs or enhanced fines for violations, and are prohibited from imposing most fees for first responder services under existing state statutes,” a memo from the county reads.

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Local governments are required by state law to levy additional costs or enhanced penalties if they violate ordinances that determine traffic regulations or emergency response services response.

Since the county council chose to pass the law, there is an adoption of an ordinance proclaiming the prohibition to take effect during declared states of emergency countywide, with a second-degree misdemeanor penalty for anyone who violates the emergency order set by state law.

Alternatively, Volusia County may seek a statutory change from the Legislature and apply the law and impose a monetary fine for violating it, at any time, the memo shows.

The Arizona statute states that a driver who travels onto a barricaded public street or highway during flooding is liable for a charge of no more than $2,000 to cover the emergency response services.

[READ FULL MEMO BELOW]


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