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Florida Statute 316.130 | Lawyer Caselaw & Research
F.S. 316.130 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.130
316.130 Pedestrians; traffic regulations.
(1) A pedestrian shall obey the instructions of any official traffic control device specifically applicable to the pedestrian unless otherwise directed by a police officer.
(2) Pedestrians shall be subject to traffic control signals at intersections as provided in s. 316.075, but at all other places pedestrians shall be accorded the privileges and be subject to the restrictions stated in this chapter.
(3) Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular traffic.
(4) Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the shoulder on the left side of the roadway in relation to the pedestrian’s direction of travel, facing traffic which may approach from the opposite direction.
(5) No person shall stand in the portion of a roadway paved for vehicular traffic for the purpose of soliciting a ride, employment, or business from the occupant of any vehicle.
(6) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.
(7)(a) The driver of a vehicle at an intersection that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(b) The driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(c) When traffic control signals are not in place or in operation and there is no signage indicating otherwise, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
(8) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
(9) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
(10) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(11) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
(12) No pedestrian shall, except in a marked crosswalk, cross a roadway at any other place than by a route at right angles to the curb or by the shortest route to the opposite curb.
(13) Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
(14) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices, and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements.
(15) Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.
(16) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given. No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.
(17) No pedestrian may jump or dive from a publicly owned bridge. Nothing in this provision requires the state or any political subdivision of the state to post signs notifying the public of this provision. The failure to post a sign may not be construed by any court to create liability on the part of the state or any of its political subdivisions for injuries sustained as a result of jumping or diving from a bridge in violation of this subsection.
(18) No pedestrian shall walk upon a limited access facility or a ramp connecting a limited access facility to any other street or highway; however, this subsection does not apply to maintenance personnel of any governmental subdivision.
(19) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a pedestrian violation or, if the infraction resulted from the operation of a vehicle, as a moving violation.
History.s. 1, ch. 71-135; ss. 1, 8, ch. 76-31; s. 2, ch. 83-68; ss. 1, 2, ch. 83-74; s. 3, ch. 84-309; s. 306, ch. 95-148; s. 123, ch. 99-248; s. 2, ch. 2008-33.
Note.Former s. 316.057.

F.S. 316.130 on Google Scholar

F.S. 316.130 on Casetext

Amendments to 316.130


Arrestable Offenses / Crimes under Fla. Stat. 316.130
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.130.


Civil Citations / Citable Offenses under S316.130
R or S next to points is Mandatory Revocation or Suspension

S316.130 PEDESTRIAN VIOLATION - Points on Drivers License:
S316.130 (1) Pedestrian control signal - pedestrian failed to obey - Points on Drivers License: 0
S316.130 (2) Pedestrian fail to obey traffic signal at intersection - Points on Drivers License: 0
S316.130 (3) Pedestrian fail to use sidewalk - Points on Drivers License: 0
S316.130 (4) Pedestrian fail to walk left side when no sidewalk - Points on Drivers License: 0
S316.130 (5) Pedestrian stand in road/solicit ride/business - Points on Drivers License: 0
S316.130 (6) Pedestrian standing on/in proximity to roadway to guard/watch vehicle - Points on Drivers License: 0
S316.130 (7)(a) FAILED TO YIELD right-of-way to PEDESTRIAN at intersection with traffic control device - Points on Drivers License: 3
S316.130 (7)(b) FAILED TO YIELD right-of-way to PEDESTRIAN at crosswalk with signage - Points on Drivers License: 3
S316.130 (7)(c) FAILED TO YIELD right-of-way to PEDESTRIAN at crosswalk with no traffic signal, inoperative traffic signal, no signage - Points on Drivers License: 3
S316.130 (8) Pedestrian leave place of safety and enter path of vehicle - Points on Drivers License: 0
S316.130 (9) PASSING VEHICLE STOPPED FOR PEDESTRIAN AT SIDEWALK - Points on Drivers License: 3
S316.130 (10) Pedestrian failed to yield to traffic - Points on Drivers License: 0
S316.130 (11) Pedestrian failed to cross in crosswalk - Points on Drivers License: 0
S316.130 (12) Pedestrian failed to cross road at right angle/shortest route - Points on Drivers License: 0
S316.130 (13) Pedestrian failed to move right half of crosswalk - Points on Drivers License: 0
S316.130 (14) Pedestrian crossed intersection diagonally - Points on Drivers License: 0
S316.130 (15) FAILED TO USE DUE CARE TOWARD PEDESTRIAN - Points on Drivers License: 3
S316.130 (16) Pedestrian enter/remain beyond bridge/RR gate - Points on Drivers License: 0
S316.130 (17) No jump/dive off public bridge - Points on Drivers License: 0
S316.130 (18) Pedestrian on limited access facility - Points on Drivers License: 0


Annotations, Discussions, Cases:

Cases from cite.case.law:

RIERSON, v. DEVEAU,, 273 So. 3d 1041 (Fla. App. Ct. 2019)

. . . Deveau was cited for violating section 316.130(15), Florida Statutes (2018), which provides: Notwithstanding . . .

MARTIN, v. SOWERS, M. D., 231 So. 3d 559 (Fla. Dist. Ct. App. 2017)

. . . reach the question of comparative negligence, any error in the giving of. the instruction on section 316.130 . . .

WELFORD, v. LIBERTY INSURANCE CORPORATION,, 190 F. Supp. 3d 1085 (N.D. Fla. 2016)

. . . his report that the pedestrians were, responsible for the accident as they violated Florida Statute § 316.130 . . .

CROISSY, v. STATE, 184 So. 3d 570 (Fla. Dist. Ct. App. 2016)

. . . The trial court found the officer had probable cause that the defendant had violated section 316.130, . . . Id. § 316.130(4). Once again, there was .no evidence that sidewalks existed. . . . Id. § 316.130(5). There was no testimony that the defendant was soliciting anyone for anything. . . . Id. § 316.130(6). . . . Id. § 316.130(19). . . .

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

. . . . § 316.130 (describing detailed regulations for pedestrians); id. § 316.2065 (listing regulations for . . .

STATE v. WILLIAMS,, 119 So. 3d 544 (Fla. Dist. Ct. App. 2013)

. . . had probable cause to stop Williams based on the violation of a pedestrian traffic statute, section 316.130 . . . officer could have reasonably concluded that the defendant was jaywalking” in violation of section 316.130 . . . Section 316.130(4), Florida Statutes (2012) provides: Where sidewalks are not provided, any pedestrian . . .

JEANTY, v. CITY OF MIAMI, a a, 876 F. Supp. 2d 1334 (S.D. Fla. 2012)

. . . . § 316.130(3). . . . Stat. § 316.130.... . . . Stat. § 316.130(3). . . . Stat. § 316.130(3).” Id. at 1090. Also instructive is Ybarra v. . . . Stat. § 316.130(3). Id. at *2. The plaintiff nonetheless maintained that a violation of Fla. . . .

STATE v. NICHOLS,, 52 So. 3d 793 (Fla. Dist. Ct. App. 2010)

. . . subsequently searched by an officer following his alleged violation of a pedestrian traffic statute, section 316.130 . . . The defendant argued that he did not violate section 316.130(12) and, therefore, his seizure and subsequent . . . the defendant’s] testimony and by the officer’s testimony, he was acting in compliance with [section 316.130 . . . Section 316.130(12) of the Florida Statutes states that, when there is no available cross-walk, an individual . . . Section 316.130(12) of the Florida Statutes (2009) states, in pertinent part: Pedestrians; traffic regulations . . .

ROSENFELD, v. SELTZER,, 993 So. 2d 557 (Fla. Dist. Ct. App. 2008)

. . . They claim that the trial court erred in instructing the jury on section 316.130(8), Florida Statutes . . . Seltzer also requested the instruction which gave rise to the present appeal, namely, section 316.130 . . . The Rosenfelds argue that section 316.130(8) was legally erroneous when applied to a two-year-old child . . . Here, the trial court instructed the jury that a violation of section 316.130(8), which would place a . . . reach the question of comparative negligence, any error in the giving of the instruction on section 316.130 . . . The majority holds that the trial court erred in giving a jury instruction based upon section 316.130 . . .

BARKETT, v. GOMEZ,, 908 So. 2d 1084 (Fla. Dist. Ct. App. 2005)

. . . At the conclusion of the trial testimony, the defendants requested a jury instruction on section 316.130 . . . was against the manifest weight of the evidence, (2) the jury should have been instructed on section 316.130 . . . The defendants argue that the trial court erred when it refused to instruct the jury on section 316.130 . . . The defendants therefore requested an instruction which tracked the language of section 316.130(3), Florida . . . was evidence in the record from which a jury could conclude that there was a sidewalk, and section 316.130 . . .

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

. . . . § 316.130, Fla. Stat. § 316.072, and § 54-2 of the Miami City Code. . . . Stat. § 316.130(3). . . . Stat. § 316.130(3); see also Fla. . . . Stat. § 316.130(3). . . . Stat. § 316.130(3). . . . . the majority of this Court wrong with respect to Pastor’s arguable probable cause to arrest under § 316.130 . . . Notwithstanding what the statute does and does not require, “an arrest pursuant to § 316.130 could not . . . In my view, the district court correctly analyzed the applicability of § 316.130 in terms of whether . . . Pastor’s invocation of § 316.130 fails to amount even to an after-the-fact excuse for her actions. . . . Pastor never articulated § 316.130 as the purported basis for the arrest at the time of the arrest and . . .

SUN- SENTINEL CO. Co. A v. CITY OF HOLLYWOOD,, 274 F. Supp. 2d 1323 (S.D. Fla. 2003)

. . . the Florida Statutes (“316.130(5)”). . . . Ann. 316.130(5) (West 2002). . . . In fact, 316.130(5) is an un~ derinclusive measure. . . . Neither side could point to any legislative history behind 316.130(5). . . . No such discrimination within a category exists in 316.130(5). . . .

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

. . . Section 316.130, Fla Stat., for example, makes it unlawful for a pedestrian to “walk along and upon the . . . As for § 316.130, Fla. . . . Under these circumstances, an arrest pursuant to § 316.130 could not be reasonable. . . .

W. BEEMAN, v. T. COSMIDES,, 825 So. 2d 511 (Fla. Dist. Ct. App. 2002)

. . . however, with Beeman’s claim that the trial court erred in failing to either read or paraphrase section 316.130 . . . Section 316.130(15), provides: Notwithstanding other provisions of this chapter, every driver of a vehicle . . . Section 316.130(15) places a responsibility on every driver in relation to a person either walking or . . .

ISOM, v. STATE, 819 So. 2d 154 (Fla. Dist. Ct. App. 2002)

. . . . § 316.130(5), (19), Fla. Stat. (1999). . . .

McCELLAN, v. STATE, 768 So. 2d 1098 (Fla. Dist. Ct. App. 1999)

. . . During the ensuing stop, the officers issued him a traffic citation for violation of section 316.130( . . . 4), Florida Statutes (1997), which states: 316.130 Pedestrian obedience to traffic control devices and . . . For the first time on appeal, McCellan contends that section 316.130(4) does not prohibit him from standing . . .

ACREE, v. HARTFORD SOUTH INCORPORATED,, 724 So. 2d 183 (Fla. Dist. Ct. App. 1999)

. . . Section 316.130(10), Florida Statutes, provides: Every pedestrian crossing a roadway at any point other . . . Section 316.130(12), Florida Statutes, also provides: . . . .

D. CRAIG v. SCHOOL BOARD OF BROWARD COUNTY,, 679 So. 2d 1219 (Fla. Dist. Ct. App. 1996)

. . . The instruction based on section 316.130(8), Florida Statutes (1989), should not have been given because . . .

McNEIL, v. STATE, 656 So. 2d 1320 (Fla. Dist. Ct. App. 1995)

. . . . § 316.130(18), Fla.Stat. (1993). . . . .

POPEJOY, POPEJOY, v. HARRISON, 615 So. 2d 823 (Fla. Dist. Ct. App. 1993)

. . . court erred in failing to give requested instructions encompassing the following two statutes: Section 316.130 . . . Section 316.130(15), Florida Statutes (1989), provides as follows: Notwithstanding other provisions of . . .

In AMENDMENTS TO THE FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 608 So. 2d 451 (Fla. 1992)

. . . bureau or clerk’s office: (l-)-Three-dollars for all violations of pedestrian regulations-under-section-316.130 . . .

TOLLEFSON, v. STATE, 525 So. 2d 957 (Fla. Dist. Ct. App. 1988)

. . . Section 316.130, Fla.Stat. (1987); Section 318.13(3), Fla.Stat. (1987). . . .

In FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 494 So. 2d 1129 (Fla. 1986)

. . . or clerk’s office: (1) Two Three dollars for all violations of pedestrian regulations under section 316.130 . . .

In FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 477 So. 2d 542 (Fla. 1985)

. . . bureau or clerk’s office: (1) Two dollars for all violations of pedestrian regulations under section 316.130 . . .

GRAY, Jr. Sr. H. v. M. BREAK,, 440 So. 2d 1297 (Fla. Dist. Ct. App. 1983)

. . . whether such signs were designed to implement “traffic control;” if the pedestrians violated section 316.130 . . . Section 316.130, Florida Statutes (1981), states in part as follows: (1) A pedestrian shall obey the . . .

M. EVERETT, v. STATE, 435 So. 2d 955 (Fla. Dist. Ct. App. 1983)

. . . . [§ 316.130(8), Fla.Stat. (1981).] . . . signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk. [§ 316.130 . . .

In FLORIDA RULES OF PRACTICE AND PROCEDURE FOR TRAFFIC COURTS, 410 So. 2d 1337 (Fla. 1982)

. . . regulations, section 316.2065, Florida Statutes, and infractions of pedestrian regulations, section 316.130 . . .

M. KILPATRICK, v. KEENER, Jr., 364 So. 2d 20 (Fla. Dist. Ct. App. 1978)

. . . Section 316.130(4), Florida Statutes (1977); Fla.Std. Jury Instr. (Civ.) 4.11. . . .