[Nfbf-l] Question about White Cane Law

Wed Mar 3 21:04:27 UTC 2010

Dear All,

Here is the Florida White Cane Law.
There are also provisions that cover people with limited mobility, such as 
wheelchairs and walkers.

David Evans, NFBF and GD Jack.

The Florida White Cane Law

Florida White Cane Law-F.S. 316.1301

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 or s 775.083.

(2)

(a) 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 such 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 s. 318 18*.

(b) If a violation of paragraph (a) results in an injury to the pedestrian 
or damage to the property

of the pedestrian, an additional fine of up to $250 shall be assessed.

Of this amount, 40 percent

shall be deposited into the Grants and Donations Trust Fund of the

Division of Blind Services of

the Department of Labor and Employment Security, and 60 percent shall be

distributed as

provided in s. 318.21. (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.

History: ss. 1, 2, 3, 4, ch.

25269, 1949; s. 10, ch. 26484, 1951; s. 360, ch. 71-136; s. 18, ch.

77-259; s. 1, ch. 89-32; s. 1,

ch. 92-296; s. 307, ch. 95-148; s. 6, ch. 95-327.

Note. Former s. 413.07.

*s. 318.1 provides the penalty to be three points on the drivers' license

and a fine of $90.

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.

----- Original Message ----- 
From: "elizabeth McNally" <bethmac at bellsouth.net>
To: "'NFB of Florida Internet Mailing List'" <nfbf-l at nfbnet.org>
Sent: Tuesday, March 02, 2010 10:29 PM
Subject: Re: [Nfbf-l] Question about White Cane Law

> Hi Kirk,  in answer to your question. No her chair does not need to be
> marked. It is covered in a separate section of the same statute when 
> talking
> of other disabilities covered by the law. I would have to pull up the 
> actual
> law to quote the actual section but each law has several sections to it 
> and
> the one about the white cane has been amended several years ago with an
> additional section covering wheelchairs, walking canes, walkers and I 
> think
> something else that I do not recall. I am often reminded since the person
> responsible for having the additional language is a member of our chapter.
>
> As for my health, thanks for asking. I am doing a lot better but as with
> most of us I have away to go. Just have to keep plugging along.
>
> Your friend,
>
> Betty
>
>
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