Florida Statute 316.072 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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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 transporting organs or surgical teams for organ donation or transplant while en route to a hospital, an airport, or other designated location; 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; s. 2, ch. 2024-34.

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 Citing Statute 316.072

Total Results: 20

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-10

Court: Supreme Court of Florida | Date Filed: 2020-01-16

Snippet: Disobedience to Police 316.072(3) 28.18 or Fire Department

BRANDON S. HEGELE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-06-26

Snippet: breach traffic laws during emergencies. See §§ 316.072(5)(c) & 316.126(5), Fla. Stat. (2016) (both

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-09.

Court: Supreme Court of Florida | Date Filed: 2019-01-04

Citation: 262 So. 3d 59

Snippet: was in a motor vehicle) Disobedience to Police 316.072(3) 28.18 or Fire Department Officials* Comments

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-05.

Court: Supreme Court of Florida | Date Filed: 2018-02-08

Citation: 236 So. 3d 244

Snippet: was in a motor vehicle) Disobedience to Police 316.072(3) 28.18 or Fire Department Officials* Comments

In Re Standard Jury Instructions in Criminal Cases—Report No. 2016-08

Court: Supreme Court of Florida | Date Filed: 2017-02-23

Citation: 211 So. 3d 995

Snippet: OF A [POLICE] [FIRE] [TRAFFIC] OFFICIAL § 316.072(3), Fla. Stat. To prove the crime of Failure

Lucas v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-06-10

Citation: 192 So. 3d 1269, 2016 WL 3216279, 2016 Fla. App. LEXIS 9010

Snippet: law enforcement officer, a violation of section 316.072(3). The trial court declined the request.

Lucas v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-04-22

Snippet: law enforcement officer, a violation of section 316.072(3), Florida Statutes (2013). The trial court declined

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2013-04

Court: Supreme Court of Florida | Date Filed: 2015-06-04

Citation: 166 So. 3d 161, 2015 WL 3496499

Snippet: OF A [POLICE] [FIRE] [TRAFFIC] OFFICIAL § 316.072(3), Fla. Stat. To prove the crime of Failure

In Re Standard Jury Instructions in Criminal Cases—Report 2011-01

Court: Supreme Court of Florida | Date Filed: 2011-09-08

Citation: 73 So. 3d 136, 36 Fla. L. Weekly Supp. 497, 2011 Fla. LEXIS 2156, 2011 WL 3925064

Snippet: Disobedience to Police or 316.072(3) Fire Department

Koch v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-07-07

Citation: 39 So. 3d 464, 2010 Fla. App. LEXIS 9877, 2010 WL 2671287

Snippet: to obey an officer's lawful order under section 316.072(3). The trial court initially agreed. But then

Alphonso v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-08-01

Citation: 963 So. 2d 287, 2007 Fla. App. LEXIS 11730, 2007 WL 2189098

Snippet: direction of any law enforcement officer....” § 316.072(3), Fla. Stat. (2006). The officer had set the

Evans v. City of Miramar

Court: District Court of Appeal of Florida | Date Filed: 2004-08-11

Citation: 879 So. 2d 684, 2004 Fla. App. LEXIS 11750, 2004 WL 1779085

Snippet: dispatch that there was a fire in the area. Section 316.072, Florida Statutes, governing obedience to traffic

Gordon v. Colbert

Court: District Court of Appeal of Florida | Date Filed: 2001-07-05

Citation: 789 So. 2d 471, 2001 Fla. App. LEXIS 9155, 2001 WL 746925

Snippet: jury instructions regarding sections 316.126 and 316.072 Florida Statutes (1999). The instruction relating

Bryant v. Beary

Court: District Court of Appeal of Florida | Date Filed: 2000-08-31

Citation: 766 So. 2d 1157, 2000 WL 1227902

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1997-01-10

Snippet: roads maintained by the authority). 7 See, s. 316.072(1), Fla. Stat. (1995), providing that Chapter 316

State v. Holland

Court: District Court of Appeal of Florida | Date Filed: 1996-08-23

Citation: 680 So. 2d 1041, 1996 WL 476873

Snippet: So.2d 373, 374 (Fla. 2d DCA 1989). [2] See §§ 316.072(2) & 316.123(2)(a), Fla.Stat. (1993) (requiring

Hutt v. Nichols

Court: District Court of Appeal of Florida | Date Filed: 1995-03-17

Citation: 652 So. 2d 427, 1995 WL 111193

Snippet: Inc., 543 So.2d 455 (Fla. 5th DCA 1989). [2] § 316.072(5), Fla. Stat. (1993). [3] Vienneau v. Metropolitan

Ago

Court: Florida Attorney General Reports | Date Filed: 1995-02-09

Snippet: 316.001, 316.002, Fla. Stat. (1993). And see, s.316.072(1), Fla. Stat. (1993), stating: "The provisions

State v. Mahoy

Court: District Court of Appeal of Florida | Date Filed: 1991-03-07

Citation: 575 So. 2d 779, 1991 WL 27507

Snippet: cause to charge Mahoy with a violation of section 316.072(3) which provides that it is unlawful and a misdemeanor

Brown v. City of Pinellas Park

Court: District Court of Appeal of Florida | Date Filed: 1990-02-16

Citation: 557 So. 2d 161, 1990 WL 12772

Snippet: indicated in section 316.072(5)(c), Florida Statutes (1987). While section 316.072(5)(a)1 excepts "[t]he