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Florida Statute 316.072 | Lawyer Caselaw & Research
F.S. 316.072 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 316.072

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.072
316.072 Obedience to and effect of traffic laws.
(1) PROVISIONS OF CHAPTER REFERRING TO VEHICLES UPON THE HIGHWAYS.The provisions of this chapter shall apply to the operation of vehicles and bicycles and the movement of pedestrians upon all state-maintained highways, county-maintained highways, and municipal streets and alleys and wherever vehicles have the right to travel.
(2) REQUIRED OBEDIENCE TO TRAFFIC LAWS.It is unlawful for any person to do any act forbidden, or to fail to perform any act required, in this chapter. It is unlawful for the owner, or any other person employing or otherwise directing the driver of any vehicle, to require or knowingly permit the operation of such vehicle upon a highway in any manner contrary to law. A violation of this subsection is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
(3) OBEDIENCE TO POLICE AND FIRE DEPARTMENT OFFICIALS.It is unlawful and a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully to fail or refuse to comply with any lawful order or direction of any law enforcement officer, traffic crash investigation officer as described in s. 316.640, traffic infraction enforcement officer as described in s. 316.640, or member of the fire department at the scene of a fire, rescue operation, or other emergency. Notwithstanding the provisions of this subsection, certified emergency medical technicians or paramedics may respond to the scene of emergencies and may provide emergency medical treatment on the scene and provide transport of patients in the performance of their duties for an emergency medical services provider licensed under chapter 401 and in accordance with any local emergency medical response protocols.
(4) PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER; EXCEPTIONS.
(a) The provisions of this chapter applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, city, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this chapter.
(b) Unless specifically made applicable, the provisions of this chapter, except those contained in ss. 316.192, 316.1925, and 316.193, shall not apply to persons, teams, or motor vehicles and other equipment while actually engaged in work upon the surface of a highway, but shall apply to such persons and vehicles when traveling to or from such work.
(5) AUTHORIZED EMERGENCY VEHICLES.
(a)1. The driver of an authorized emergency vehicle, when responding to an emergency call, when in the pursuit of an actual or suspected violator of the law, or when responding to a fire alarm, but not upon returning from a fire;
2. A medical staff physician or technician of a medical facility licensed by the state or of a volunteer ambulance service when responding to an emergency in the line of duty in his or her privately owned vehicle, using red lights as authorized in s. 316.2398; or
3. The driver of an authorized law enforcement vehicle, when conducting a nonemergency escort, to warn the public of an approaching motorcade;

may exercise the privileges set forth in this section, but subject to the conditions herein stated.

(b) The driver of a vehicle specified in paragraph (a), except when otherwise directed by a police officer, may:
1. Park or stand, irrespective of the provisions of this chapter;
2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
3. Exceed the maximum speed limits so long as the driver does not endanger life or property;
4. Disregard regulations governing direction or movement or turning in specified directions, so long as the driver does not endanger life or property.
(c) The foregoing provisions shall not relieve the driver of a vehicle specified in paragraph (a) from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his or her reckless disregard for the safety of others.
History.s. 1, ch. 71-135; ss. 1, 7, ch. 76-31; s. 2, ch. 77-456; s. 1, ch. 80-176; s. 1, ch. 88-74; s. 301, ch. 95-148; s. 14, ch. 97-256; s. 15, ch. 97-300; s. 87, ch. 99-13; s. 93, ch. 99-248; s. 2, ch. 2021-90.
Note.Former s. 316.051.

F.S. 316.072 on Google Scholar

F.S. 316.072 on Casetext

Amendments to 316.072


Arrestable Offenses / Crimes under Fla. Stat. 316.072
Level: Degree
Misdemeanor/Felony: First/Second/Third

S316.072 3 - PUBLIC ORDER CRIMES - FAIL TO OBEY POLICE OR FIRE DEPARTMENT - M: S


Civil Citations / Citable Offenses under S316.072
R or S next to points is Mandatory Revocation or Suspension

S316.072 (2) REFUSED to OBEY traffic laws - Points on Drivers License: 3
S316.072 (3) REFUSED OBEDIENCE to POLICE/FIRE OFFICERS - Points on Drivers License: 0


Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 262 So. 3d 59 (Fla. 2019)

. . . there is evidence that the fleeing was in a motor vehicle) Disobedience to Police or Fire Department 316.072 . . . (b) 28.5 there was evidence that the fleeing was in a motor vehicle) Disobedience to Police or Fire 316.072 . . . (b) 28.5 there was evidence that the fleeing was in a motor vehicle) Disobedience to Police or Fire 316.072 . . . .3d 692] and 2019. 28.18 FAILURE TO OBEY THE LAWFUL ORDER OF A [POLICE] [FIRE] [TRAFFIC] OFFICIAL § 316.072 . . . Lesser Included Offenses FAILURE TO OBEY - 316.072(3) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 236 So. 3d 244 (Fla. 2018)

. . . 316.192(1)(b) 28.5 there was evidence that the fleeing was in a motor vehicle) Disobedience to Police 316.072 . . . there is evidence that the fleeing was in a motor vehicle) Disobedience to Police or Fire Department 316.072 . . . there is evidence that the fleeing was in a motor vehicle) Disobedience to Police or Fire Department 316.072 . . . there was evidence that the fleeing was in a motor vehicle) Disobedience to Police or Fire Department 316.072 . . . 316.192(1)(b) 28.5 there was evidence that the fleeing was in a motor vehicle) Disobedience to Police 316.072 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 211 So. 3d 995 (Fla. 2017)

. . . was adopted in 2008. 28.18 FAILURE TO OBEY THE LAWFUL ORDER OF A [POLICE] [FIRE] [TRAFFIC] OFFICIAL § 316.072 . . . prove the crime of Failure to Obey the Lawful Order of a (insert type of official from the list in § 316.072 . . .

LUCAS, v. STATE, 192 So. 3d 1269 (Fla. Dist. Ct. App. 2016)

. . . permissive lesser included offense of disobeying a law enforcement officer, a violation of section 316.072 . . . There was no standard jury instruction for a violation of section 316.072(3) at the time of Mr. . . . fail or refuse to comply with any lawful order or direction of any law enforcement officer.... ” §. 316.072 . . . refusing] to comply with any lawful order or direction of any law enforcement officer” under section 316.072 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 166 So. 3d 161 (Fla. 2015)

. . . .3d 136], and 2015. 28.18 FAILURE TO OBEY THE LAWFUL ORDER OF A [POLICE] [FIRE] [TRAFFIC] OFFICIAL § 316.072 . . . prove the crime of Failure to Obey the Lawful Order of a (insert type of official from, the list in § 316.072 . . .

UNITED STATES v. SMITH,, 772 F.3d 680 (11th Cir. 2014)

. . . . § 316.072(1). . . .

BLACKSHEAR, v. CITY OF MIAMI BEACH, a, 799 F. Supp. 2d 1338 (S.D. Fla. 2011)

. . . entering or touching his vehicle and the vehicle not moving, Wyatt arrested Plaintiff for a violation of § 316.072 . . . basis including probable cause existed for Plaintiffs arrest for any charge including a violation of § 316.072 . . . Stat. § 316.072(3), which makes it a misdemeanor “for any person willfully to fail or refuse to comply . . . Stat. § 316.072(3). Additionally, Blackshear was charged with violating Fla. . . .

KOCH, v. STATE, 39 So. 3d 464 (Fla. Dist. Ct. App. 2010)

. . . Section 316.072, “Obedience to and effect of traffic laws,” states in part: (3) OBEDIENCE TO POLICE AND . . . Mahoy, 575 So.2d 779, 781 n. 5 (Fla. 5th DCA 1991) (suggesting section 316.072 could be applied to a . . . Arguably, the misdemeanor offense of disobeying a lawful order by law enforcement under section 316.072 . . . The standard jury instructions do not prescribe an instruction for the crime defined in section 316.072 . . . To commit a crime under section 316.072(3), a defendant must “willfully” fail to comply with an officer . . .

ALPHONSO, v. STATE, 963 So. 2d 287 (Fla. Dist. Ct. App. 2007)

. . . .” § 316.072(3), Fla. Stat. (2006). . . .

EVANS v. CITY OF MIRAMAR,, 879 So. 2d 684 (Fla. Dist. Ct. App. 2004)

. . . Section 316.072, Florida Statutes, governing obedience to traffic laws, includes a privilege, which provides . . .

DURRUTHY, v. PASTOR,, 351 F.3d 1080 (11th Cir. 2003)

. . . . § 316.072, and § 54-2 of the Miami City Code. . . . Stat. § 316.072, and § 54-2 of the Miami City Code were not applicable because Durruthy complied with . . . Stat. § 316.072(3). .Section 54-2 of the Miami City Code provides that "[i]t is unlawful for any person . . . Stat. § 316.072(3) (making it a misdemeanor “for any person willfully to fail or refuse to comply with . . .

DURRUTHY, v. THE CITY OF MIAMI,, 235 F. Supp. 2d 1291 (S.D. Fla. 2002)

. . . Section 316.072, Fla. . . . First, § 316.072, Fla. . . .

GORDON v. COLBERT,, 789 So. 2d 471 (Fla. Dist. Ct. App. 2001)

. . . was decided that the court would read the requested jury instructions regarding sections 316.126 and 316.072 . . . The instruction relating to section 316.072, Florida Statutes (1999), was the following: Authorized emergency . . . contends that the instruction was contradictory to the instructions relating to sections 316.126 and 316.072 . . .

J. BRYANT, v. BEARY,, 766 So. 2d 1157 (Fla. Dist. Ct. App. 2000)

. . . Bryant attempts to find a duty in section 316.072(5), Florida Statutes (1997), which allows emergency . . .

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 . . .

HUTT, v. NICHOLS,, 652 So. 2d 427 (Fla. Dist. Ct. App. 1995)

. . . . § 316.072(5), Fla.Stat. (1993). . Vienneau v. Metropolitan Life Ins. . . .

P. BROWN L. A. A. P. L. A. A. v. CITY OF PINELLAS PARK, a a S., 557 So. 2d 161 (Fla. Dist. Ct. App. 1990)

. . . authority to pursue in any manner they choose, whether or not an emergency exists, is indicated in section 316.072 . . . While section 316.072(5)(a)1 excepts “[t]he driver of an authorized emergency vehicle ... when in the . . . of the law” from prior provisions of that statute requiring obedience to the traffic laws, section 316.072 . . . Section 316.072(5)(c) is cited in the above-referenced Pinellas Park policy regarding pursuits of law . . .

STATE OF FLORIDA v. WATERS, 24 Fla. Supp. 2d 49 (Broward Cty. Ct. 1987)

. . . making of false accident reports (does not expressly refer to a vehicle or motor vehicle); Section 316.072 . . .

MAKER v. STATE OF FLORIDA, 11 Fla. Supp. 2d 143 (Fla. Cir. Ct. 1985)

. . . Appellant, Robert Maker, was charged with a violation of Section 316.072(3), Fla. . . . Section 316.072(3) makes Appellant’s violation a misdemeanor of the second degree punishable as provided . . .

STATE OF FLORIDA v. SCHELL, 11 Fla. Supp. 2d 68 (Lee Cty. Ct. 1985)

. . . any lawful order or direction of any police officer or member of the fire department, in violation of 316.072 . . . penalty imposed. (4) Any person convicted of a violation of s. 316.027, s. 316.061, s. 316.067, s. 316.072 . . .

In FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 458 So. 2d 1112 (Fla. 1984)

. . . .-061, 316.067, 316.072(3), 316.192, 316.193, 316.1935, 860.01, Florida Statutes and Chapter 893, Florida . . .

MILLER, v. STATE, 442 So. 2d 419 (Fla. Dist. Ct. App. 1983)

. . . in s. 318.13(3). (4) Any person convicted of a violation of s. 316.027, s. 316.061, s. 316.067, s. 316.072 . . .

STATE OF FLORIDA v. RAHN, 5 Fla. Supp. 2d 11 (Lee Cty. Ct. 1983)

. . . “Any person convicted of a violation of Section 316.027, Section 316.061, Section 316.067, Section 316.072 . . .