The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

F.S. 316.123

316.123 Vehicle entering stop or yield intersection.—

(1) The right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in s. 316.006.

(2)(a) Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.

(b) At a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles reach the four-way stop intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

(3) The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. If such a driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of the driver’s failure to yield the right-of-way.

(4) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

History.—s. 1, ch. 71-135; s. 1, ch. 77-229; s. 305, ch. 95-148; s. 119, ch. 99-248.

F.S. 316.123 on Google Scholar

F.S. 316.123 on Casetext

Amendments to 316.123

Arrestable Offenses / Crimes under Fla. Stat. 316.123

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.123.

Civil Citations / Citable Offenses under S316.123

R or S next to points is Mandatory Revocation or Suspension

S316.123 (2)(a) RAN STOP SIGN - Points on Drivers License: 3

S316.123 (2)(b) FAILED TO YIELD at a FOUR-WAY-STOP-INTERSECTION - Points on Drivers License: 3

S316.123 (3) FAILED TO YIELD/STOP at a YIELD INTERSECTION - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. DANIELS,, 158 So. 3d 629 (Fla. Dist. Ct. App. 2014)

. . . Section 316.123(2)(a) requires a driver to stop “at” the stop line if one is marked. . . . vehicle “pulled beyond or ahead of the stop line,” a traffic infraction has occurred under section 316.123 . . . Aug. 3, 2006) (finding that section 316.123(2)(a) is violated when a vehicle’s “front tires [a]re across . . .

SEARCY, v. ZAWACKIS, 55 So. 3d 660 (Fla. Dist. Ct. App. 2011)

. . . an intersection in which the traffic lights are inoperative shall stop in the manner indicated in s. 316.123 . . . (2) for approaching a stop intersection.”); § 316.123(2)(b), Fla. . . . See § 316.123(2)(a), Fla. . . .

BELTRAN, v. RODRIGUEZ, R. S. P., 36 So. 3d 725 (Fla. Dist. Ct. App. 2010)

. . . The trial court instructed the jury that pursuant to Section 316.123(2)(a), Florida Statutes, “every . . . Section 316.123(2)(a) was therefore applicable and the jury instruction given was appropriate. . . .

GOLDBERG, v. FLORIDA POWER LIGHT COMPANY,, 899 So. 2d 1105 (Fla. 2005)

. . . Stat. (1997), and to observe the requirements of section 316.123(2), Florida Statutes (1997), if the . . .

FLORIDA POWER LIGHT COMPANY, a v. GOLDBERG, Co-, 856 So. 2d 1011 (Fla. Dist. Ct. App. 2002)

. . . COMPARATIVE NEGLIGENCE FPL correctly asserts that under sections 316.1235, 316.123(2)(a), Florida Statutes . . .

LEVY, v. FLORIDA POWER LIGHT COMPANY, a a a, 798 So. 2d 778 (Fla. Dist. Ct. App. 2001)

. . . intersection in which the traffic lights are inoperative shall stop in the manner indicated” in section 316.123 . . .

STIVERS, v. FORD MOTOR CREDIT COMPANY,, 777 So. 2d 1023 (Fla. Dist. Ct. App. 2000)

. . . Stat. (2000) ("fire hazard”); §§ 316.081(l)(b), 316.087(l)(a) & (b), 316.122, 316.123, 316.125(1), 316.185 . . .

STATE v. ROBINSON,, 756 So. 2d 249 (Fla. Dist. Ct. App. 2000)

. . . Section 316.123(21)(a) provides in pertinent part: Except when directed to proceed by a police officer . . .

WILLIAMS, v. EAGLE BRANDS, INC., 755 So. 2d 780 (Fla. Dist. Ct. App. 2000)

. . . driver’s obligation to yield the right-of-way where there is a yield sign, as set forth in subsection 316.123 . . .

STATE v. HOLLAND,, 680 So. 2d 1041 (Fla. Dist. Ct. App. 1996)

. . . See §§ 316.072(2) & 316.123(2)(a), Fla.Stat. (1993) (requiring drivers to stop at intersections marked . . .

METROPOLITAN DADE COUNTY, v. TRIBBLE,, 616 So. 2d 59 (Fla. Dist. Ct. App. 1993)

. . . We observe, under section 316.123, Florida Statutes (1991), that when a traffic signal is energized and . . .

CITY OF MIAMI, v. BURLEY,, 596 So. 2d 1133 (Fla. Dist. Ct. App. 1992)

. . . reversible error by refusing to instruct the jury, upon the City’s request, as to Sections 316.1235, 316.123 . . .

T. COLBY, v. McNEILL,, 595 So. 2d 115 (Fla. Dist. Ct. App. 1992)

. . . the influence of an intoxicating beverage [§ 316.193, Fla.Stat. (1989)], and running a stop sign [§§ 316.123 . . .

STATE v. CARMODY,, 553 So. 2d 1366 (Fla. Dist. Ct. App. 1989)

. . . . §§ 316.123(2)(a), 322.15(1), Fla.Stat. (1987). . 901.15(1) and (5), Fla.Stat. (1987). . . .

METROPOLITAN DADE COUNTY, v. V. COLINA,, 456 So. 2d 1233 (Fla. Dist. Ct. App. 1984)

. . . Section 316.123(2), Florida Statutes (1979) describes the manner of stopping and requires that a driver . . . the driver of a vehicle approaching an inoperative light shall stop in the above-prescribed manner. 316.123 . . .

J. COPERTINO A. v. BANDOLIK a, 429 So. 2d 417 (Fla. Dist. Ct. App. 1983)

. . . assignment of error is the action of the trial court in instructing the jury on both Sections 316.121 and 316.123 . . .

OGLETREE, v. SENTRY INDEMNITY COMPANY, 353 So. 2d 667 (Fla. Dist. Ct. App. 1978)

. . . He did instruct on Section 316.123, which prescribes the duty to stop at STOP signs and yield the right . . .

GORDON S TRACTOR SERVICE, INC. a v. BILELLO,, 336 So. 2d 1208 (Fla. Dist. Ct. App. 1976)

. . . . § 316.123. . . .

O. WALTERS v. McQUEEN, 292 So. 2d 34 (Fla. Dist. Ct. App. 1974)

. . . Section 316.123, Florida Statutes, F.S.A., provides that: “ (2) Except when directed to proceed by a . . . I agree with the Section of the Statute cited in the majority opinion to wit: Section -316.123, Florida . . .