[Nfbf-l] Information about Florida's White Cane Law

Mon Aug 20 19:23:58 UTC 2018

Dear Colleagues,

                As we begin our local preparations for White Cane Safety Day, I wanted to share some important information about the law this event is meant to promote. This information will help us advocate for public service announcements (PSAs) and provide to the media when they cover our events. The Communications Committee will be meeting soon and will be preparing additional resources to help spread the word about this law. In addition, I will also prepare a separate document about our Florida Accessibility Law which protects the rights of disabled individuals to access public and private goods, services, and spaces on an equal basis with our nondisabled peers.

                First, let me share the text of what is known as the White Cane Law (316.1301 f.s.).

316.1301 Traffic regulations to assist blind persons.—

(1) It is unlawful for any person, unless totally or partially blind or otherwise incapacitated, while on any public street or highway, to carry in a raised or extended position a cane or walking stick which is white in color or white tipped with red. A person who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0775/Sections/0775.082.html>  or s. 775.083 <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0775/Sections/0775.083.html> .

(2) Whenever a pedestrian is crossing, or attempting to cross, a public street or highway, guided by a dog guide or carrying in a raised or extended position a cane or walking stick which is white in color or white tipped with red, the driver of every vehicle approaching the intersection or place where the pedestrian is attempting to cross shall bring his or her vehicle to a full stop before arriving at such intersection or place of crossing and, before proceeding, shall take such precautions as may be necessary to avoid injuring such pedestrian. A person who is convicted of a violation of this subsection is guilty of a moving violation punishable as provided in chapter 318.

(3) Nothing contained in this section shall be construed to deprive any totally or partially blind or otherwise incapacitated person not carrying such a cane or walking stick, or not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossing streets or highways. The failure of any such person to carry a cane or walking stick or to be guided by a dog shall not be considered comparative negligence, nor shall such failure be admissible as evidence in the trial of any civil action with regard to negligence.

In this statute, it refers to the penalties of s. 318 where we find the monetary penalties (fines). This chapter then directs us to s. 322.27 which assesses a graduated point system for violations; moving violations are assessed 3 points, unless injury or property damage results in which case 4 points are assessed. The state uses these points to evaluate a driver’s worthiness to retain their driver license. An accumulation of points can result in the suspension or revocation of the driver license. These points generally remain on the driver license of an individual for five years. In addition, insurance companies use the state’s moving violation report (MVR) where these points are reported to rate the liability risk of a particular driver. The number of points is a factor that determines the rate the insurance company will charge to insure that driver.

Conviction on a violation of s. 316.1301 is a moving violation which results in 3 points (322.27(7) f.s.). According to s. 318, the following fines and fees are assessed for a conviction of s. 316.1301:

Fine:

318.18

$60 for all moving violations not requiring a mandatory appearance.

Fees:

$35 Court Cost

$3.00 for criminal justice selection center or a criminal justice access and assessment center $2.50 for criminal justice education and training programs

$30.00 for state Court Facilities 

$12.50 Administrative fee

$10 Article V Assessment

Total fines & fees: $153.00 

If violation of s. 316.1301 results in bodily injury or personal property damage, an additional fine of $250.00 is levied, resulting in a total fines and fees of $403. Some jurisdictions also impose additional fees to support local criminal justice and educational initiatives. It may be something for each chapter to investigate. To do so, you can call your local clerk of the Circuit Court office.

                I have two additional notes on this statute: This law also prohibits someone who is not blind from carrying a white cane, providing misdemeanor penalties for doing so. Conviction of a misdemeanor can result in 60 days incarceration and/or a fine of up to $500 plus court costs. Also, this law expressly states that failure to carry a white cane or use a guide dog cannot be used to argue comparative negligence or what is sometimes referred to as contributory negligence. This principle is sometimes used to distribute the liability for a negligent act among the parties thus reducing the amount of the civil liability to the respondent or the person being sued. In other words, this law is saying that someone who is sued for damages under this statute cannot argue that the blind person shared in the negligent act based upon their blindness. 

If you have any questions or comments about this information, please feel free to write to the list and ask them so everyone can benefit from the information we discuss. If I do not know the answer, I will find it and let the discussion list know.

Fraternally yours,

Marion Gwizdala

Member of the Board of directors

Tampa Bay Chapter

Vice President

Florida Association of Guide Dog Users

President

National Association of Guide Dog Users Inc.

National Federation of the Blind 