Florida Statute 316.0075 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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316.0075 Operator use of commercial mobile radio services and electronic communications devices.—Regulation of operator or passenger use of commercial mobile radio services and other electronic communications devices in a motor vehicle is expressly preempted to the state.

History.—s. 2, ch. 2002-179.

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Amendments to 316.0075

Annotations, Discussions, Cases:

Cases Citing Statute 316.0075

Total Results: 19 | Sort by: Relevance | Newest First

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Gulley v. Pierce, 625 So. 2d 45 (Fla. 1st DCA 1993).

Cited 9 times | Published | Florida 1st District Court of Appeal | 1993 WL 366882

control signal devices, as referred to in section 316.075, i.e., those which alternately direct traffic

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Pate v. Renfroe, 715 So. 2d 1094 (Fla. 1st DCA 1998).

Cited 6 times | Published | Florida 1st District Court of Appeal | 1998 WL 476160

of law to give the instruction because only section 316.075(1)(b), which expressly applies to a motorist

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City of Aventura v. Masone, 89 So. 3d 233 (Fla. 3d DCA 2011).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2011 WL 5964359, 2011 Fla. App. LEXIS 19039

ordinance to enforce and punish violations of section 316.075, Florida Statutes (2008). Florida’s traffic

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Shaver v. Carpenter, 157 So. 3d 305 (Fla. 2d DCA 2014).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 19480, 2014 WL 6675691

crosswalk at the time such signal is exhibited. § 316.075(l)(a). Over Shaver’s objections, a trooper who

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Richard Masone v. City of Aventura, 147 So. 3d 492 (Fla. 2014).

Cited 1 times | Published | Supreme Court of Florida | 2014 WL 2609201

of course, regulates red light violations. Section 316.075 contains detailed rules governing the conduct

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Noto v. State, 42 So. 3d 814 (Fla. 4th DCA 2010).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 9860, 2010 WL 2675310

light, a violation of Florida's traffic law. See § 316.075(1)(c), Fla. Stat. (2004). Consequently, Detective

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City of Orlando v. Udowychenko, 98 So. 3d 589 (Fla. 5th DCA 2012).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2012 WL 2600293, 2012 Fla. App. LEXIS 10875

of unmanned cameras to record violations of section 316.075, a photograph of a vehicle violating traffic

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Walker v. State, 120 So. 3d 96 (Fla. 4th DCA 2013).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 4007090, 2013 Fla. App. LEXIS 12343

cited for running a red light in violation of section 316.075, Florida Statutes, (2012). While a trial court

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Weeks v. Ranson, 419 So. 2d 722 (Fla. 1st DCA 1982).

Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 21152

thereto as to constitute an immediate hazard. Section 316.075(l)(b), Florida Statutes (1981), provides: Vehicular

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City of Oldsmar v. Trinh, 210 So. 3d 191 (Fla. 2d DCA 2016).

Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 16012

was issued to Ms. Trinh for a violation of section 316.075(l)(c)(l) as a result of her vehicle’s “failure

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United States v. Smith, 772 F.3d 680 (11th Cir. 2014).

Published | Court of Appeals for the Eleventh Circuit | 2014 WL 6725819

regulations for animals and animal-drawn vehicles); id. § 316.075(l)(c)(2)(b) (“Unless otherwise directed by a pedestrian

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Clark v. State, 170 So. 3d 69 (Fla. 5th DCA 2015).

Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 8188, 2015 WL 2458128

chapter. § 316.074(1), Fla. Stat. (2012). 4. Section 316.075(l)(c)l., Florida Statutes (2012), provides:

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Salman v. Cooper, 633 So. 2d 570 (Fla. 2d DCA 1994).

Published | Florida 2nd District Court of Appeal | 1994 Fla. App. LEXIS 2293, 1994 WL 81817

under the circumstances, not less. Pursuant to section 316.-075(l)(a), Florida Statutes (1993), a vehicle

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State Ex Rel. City of Aventura v. Jimenez, 211 So. 3d 158 (Fla. Dist. Ct. App. 2016).

Published | District Court of Appeal of Florida | 2016 Fla. App. LEXIS 11373

unless directed otherwise by a police officer); § 316.075(1), Fla. Stat. (2015) (requiring drivers generally

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State v. Arrington, 95 So. 3d 324 (Fla. 4th DCA 2012).

Published | Florida 4th District Court of Appeal | 2012 WL 3023203, 2012 Fla. App. LEXIS 12095

This distinction is one with a difference. Section 316.075, Florida Statutes (2010) is constitutional

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Ago (Fla. Att'y Gen. 2005).

Published | Florida Attorney General Reports

standing at a steady red light as required by section 316.075(3)(a), Florida Statutes, would appear to fall

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Ago (Fla. Att'y Gen. 1997).

Published | Florida Attorney General Reports

purpose of issuing citations for violations of section 316.075, Florida Statutes? 2. If so, may the county

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Hedergott v. Moon, 678 So. 2d 445 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 8271, 1996 WL 446738

request to give a jury instruction based on section 316.075(l)(a), Florida Statutes (1989). Over the objection

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Trice v. State, 755 So. 2d 808 (Fla. 3d DCA 2000).

Published | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 4559, 2000 WL 390292

cited for failing to obey a traffic device, section 316.075(3)(a), Florida Statutes (1997), and for careless

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.