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Florida Statute 316.074 | Lawyer Caselaw & Research
F.S. 316.074 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 316.074

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.074
316.074 Obedience to and required traffic control devices.
(1) The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.
(2) No person shall drive any vehicle from a roadway to another roadway to avoid obeying the indicated traffic control indicated by such traffic control device.
(3) No provision of this chapter for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place.
(4) Whenever official traffic control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority unless the contrary shall be established by competent evidence.
(5) Any official traffic control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter unless the contrary shall be established by competent evidence.
(6) 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. 76-31; s. 94, ch. 99-248.
Note.Former s. 316.053.

F.S. 316.074 on Google Scholar

F.S. 316.074 on Casetext

Amendments to 316.074


Arrestable Offenses / Crimes under Fla. Stat. 316.074
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.074.


Civil Citations / Citable Offenses under S316.074
R or S next to points is Mandatory Revocation or Suspension

S316.074 (1) TRAFFIC CONTROL DEVICE Fail to obey traffic control device (sign) - Points on Drivers License: 3
S316.074 (1) Red Light Camera Violations Only -Fail to obey traffic control signal for procedures see 316.0083 - Points on Drivers License: 0
S316.074 (1) Fail to obey traffic control signal (Failed to stop at traffic signal/red light) - Points on Drivers License: 4
S316.074 (2) Traffic Control Device - Cutting across to avoid - Points on Drivers License: 3


Annotations, Discussions, Cases:

Cases from cite.case.law:

JIMENEZ, v. STATE, 246 So. 3d 219 (Fla. 2018)

. . . traffic infraction enforcement officer under s. 316.640 to issue a traffic citation for a violation of s. 316.074 . . . provided in paragraph (b) to the registered owner of the motor vehicle involved in the violation of s. 316.074 . . .

CITY OF OLDSMAR Jo v. Vo TRINH,, 210 So. 3d 191 (Fla. Dist. Ct. App. 2016)

. . . Safety and Motor Vehicles, counties, and municipalities to use cameras to enforce violations of sections 316.074 . . . traffic infraction enforcement officer under s. 316.640 to issue a traffic citation for a violation of s. 316.074 . . . provided in paragraph (b) to the registered owner of the motor vehicle involved in the violation of s. 316.074 . . .

STATE CITY OF AVENTURA, v. JIMENEZ,, 211 So. 3d 158 (Fla. Dist. Ct. App. 2016)

. . . traffic infraction enforcement officer under s. 316.640 to issue a traffic citation for a violation of s. 316.074 . . . See also § 316.074(1), Fla. . . .

CITY OF FORT LAUDERDALE, v. DHAR,, 185 So. 3d 1232 (Fla. 2016)

. . . violation, Dollar was sent a notice of violation alleging that the described vehicle violated sections 316.074 . . . Safety and Motor Vehicles, counties, and municipalities to use cameras to enforce violations of sections 316.074 . . . violation is responsible and liable for paying the uniform traffic citation issued for a violation of s. 316.074 . . . the motor vehicle at the time of the violation may be issued a traffic citation for a violation of s. 316.074 . . . vehicle.- The owner of a leased vehicle .for which .a traffic citation is issued for a violation of s. 316.074 . . .

CLARK, v. STATE, 170 So. 3d 69 (Fla. Dist. Ct. App. 2015)

. . . photographic or electronic images or streaming video are admissible and evidence that a violation of section 316.074 . . . streaming video attached to or referenced in the traffic citation is evidence that a violation of s. 316.074 . . . shown in the photographic or electronic images or streaming video evidence was used in violation of s. 316.074 . . . Section 316.074(1), Florida Statutes (2012), provides: The driver of any vehicle shall obey the instructions . . . subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. § 316.074 . . .

CITY OF FORT LAUDERDALE, v. DHAR,, 154 So. 3d 366 (Fla. Dist. Ct. App. 2014)

. . . violation, Dollar was sent a notice of violation alleging that the described vehicle violated sections 316.074 . . .

CITY OF HOLLYWOOD, a v. AREM,, 154 So. 3d 359 (Fla. Dist. Ct. App. 2014)

. . . the “Act”), authorizes local governments to use red light cameras to enforce violations of sections 316.074 . . .

GIL, v. STATE, 118 So. 3d 787 (Fla. 2013)

. . . A violation of a traffic control signal device as provided in s. 316.074(1) or s. 316.075(l)(c)l. — 4 . . .

JENKINS, v. STATE, 102 So. 3d 739 (Fla. Dist. Ct. App. 2012)

. . . the law enforcement officer when the officer writes a uniform traffic citation for a violation of s. 316.074 . . .

CITY OF ORLANDO v. UDOWYCHENKO,, 98 So. 3d 589 (Fla. Dist. Ct. App. 2012)

. . . section 316.008 allowing a county or municipality to use “traffic infraction detectors” to “enforce s. 316.074 . . .

STATE v. O. OSUJI,, 804 So. 2d 501 (Fla. Dist. Ct. App. 2001)

. . . The arresting officers were authorized to stop Osuji based upon section 316.074(2), Florida Statutes . . . Violation of this statute constitutes a noncriminal traffic infraction, § 316.074(2), .155(5), for which . . .

M. LONGSHORE, v. STATE, 655 So. 2d 1139 (Fla. Dist. Ct. App. 1995)

. . . . § 316.074, Fla.Stat. (1993). . § 316.1925, Fla.Stat. (1993). .See section 775.089(l)(b)2, which reads . . .

GULLEY, v. PIERCE, a a, 625 So. 2d 45 (Fla. Dist. Ct. App. 1993)

. . . . § 316.053(1), Fla.Stat. (1971) (now renumbered 316.074(1)). . . .

STATE v. POLAK, J. E., 598 So. 2d 150 (Fla. Dist. Ct. App. 1992)

. . . Appellee Martin was charged with violations of Sections 316.074 and 316.1934, Florida Statutes (1989) . . .

UNITED STATES v. M. GARNER,, 874 F.2d 1510 (11th Cir. 1989)

. . . Garner was also convicted of running a red light in violation of Fla.Stat.Ann. 316.074 (1975), but that . . .

STATE OF FLORIDA v. PHENEY, 21 Fla. Supp. 2d 75 (Pinellas Cty. Ct. 1986)

. . . S. 316.074(3), [F.S. 1985), provides: “No provision of this Chapter for which official traffic control . . . POSITIONED AND SUFFICIENTLY LEGIBLE TO BE SEEN BY AN ORDINARILY OBSERVANT PERSON, AS REQUIRED BY F.S. 316.074 . . .

VAULK v. STATE OF FLORIDA, 20 Fla. Supp. 2d 155 (Fla. Cir. Ct. 1986)

. . . who issued the citation appeared and testified that the appellant ran the red light in violation of § 316.074 . . .