- November 10, 2024
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The Volusia County Council voted 4-2 on Tuesday, May 2, to explore pursuing an ordinance that would recoup emergency response costs caused by stranded drivers on flooded streets during declared states of emergencies.
The ordinance, inspired by Arizona's "stupid motorist" law, would specifically target drivers who bypass barricades to enter flooded streets or highways. The topic was brought to the council for discussion by County Councilman Danny Robins at the council's March 7 meeting, in hopes that approving something similar to Arizona's law would deter people from driving in flooded conditions during storm events.
Motorists who become stranded after driving around flooded streets blocked off with a barricade have to be held accountable due to the public resources needed to get them out of those situations, Robins said.
"You play stupid games, you win stupid prizes," Robins said. "I want our people to be focused on the people that need it, not people making bad decisions with mommy and daddy's four-wheel drive truck that they think they can get across the Taylor Road, Spruce Creek overflow there."
According to a county memo, local governments in Florida are limited in actions on enacting traffic regulations, and are preempted by the state from assessing additional fines, fees, surcharges, or costs for violations, and cannot impose most fees for first responder services. Under state law, the county is limited to charging no more than $500 for a county ordinance violation, Assistant County Attorney Maureen Sikora said.
Should the council opt against seeking a county ordinance, Sikora suggested the council could seek a statutory change from legislature similar to Arizona's law. However, the council was not in favor of this.
County Councilman Troy Kent and County Chair Jeff Brower voted against a motion to direct county staff to pursue the ordinance.
"I think that the the stupid consequences of the action are probably its own worst penalty." — County Council Chair Jeff Brower
Kent, who criticized the law's name and called it sensational, said he hadn't heard from residents complaining about the issue.
"Pun intended, I think it would be stupid to waste any more time on it because of state law," Kent said.
Councilman Jake Johansson, who voted for the ordinance but expressed doubt, said he could see problems arising when determining the difference between gross negligence and people who make bad decisions under duress during an emergency.
Brower said he didn't feel like the county needs the ordinance.
"I think that the the stupid consequences of the action are probably its own worst penalty," Brower said.
Robins said the county could include language in the ordinance to allow officers to enact violations at their discretion.
"So it's another tool in their tool belt for these occasions where it's just blatant disregard and puts human life and public property in jeopardy," Robins said.
