Florida Statute 316.72 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 316.072

Annotations, Discussions, Cases:

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

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

Cases Citing Statute 316.072

Total Results: 21

Albert Darruthy v. City of Miami

351 F.3d 1080, 2003 U.S. App. LEXIS 24048, 2003 WL 22799497

Court of Appeals for the Eleventh Circuit | Filed: Nov 26, 2003 | Docket: 922029

Cited 174 times | Published

for violating Fla. Stat. § 316.130,2 Fla. Stat. § 316.072,3 and § 54-2 of the Miami City Code.4 The district

Koch v. State

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

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 18330

Cited 37 times | Published

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

Bryant v. Beary

766 So. 2d 1157, 2000 WL 1227902

District Court of Appeal of Florida | Filed: Aug 31, 2000 | Docket: 1070715

Cited 8 times | Published

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

Brown v. City of Pinellas Park

557 So. 2d 161, 1990 WL 12772

District Court of Appeal of Florida | Filed: Feb 16, 1990 | Docket: 1512295

Cited 7 times | Published

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

State v. Mahoy

575 So. 2d 779, 1991 WL 27507

District Court of Appeal of Florida | Filed: Mar 7, 1991 | Docket: 1443288

Cited 4 times | Published

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

Blackshear v. City of Miami Beach

799 F. Supp. 2d 1338, 2011 U.S. Dist. LEXIS 85045, 2011 WL 3211514

District Court, S.D. Florida | Filed: Jul 26, 2011 | Docket: 129129

Cited 2 times | Published

arrested Blackshear for a violation of Fla. Stat. § 316.072(3), for failure to obey a lawful order of a police

Hutt v. Nichols

652 So. 2d 427, 1995 WL 111193

District Court of Appeal of Florida | Filed: Mar 17, 1995 | Docket: 1517985

Cited 2 times | Published

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

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

211 So. 3d 995

Supreme Court of Florida | Filed: Feb 23, 2017 | Docket: 4609133

Cited 1 times | Published

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

Durruthy v. City of Miami

235 F. Supp. 2d 1291, 2002 U.S. Dist. LEXIS 25858, 2002 WL 31831445

District Court, S.D. Florida | Filed: Dec 13, 2002 | Docket: 2329919

Cited 1 times | Published

cease blocking or obstructing free passage." Section 316.072, Fla. Stat. also makes it a misdemeanor "for

Edeline Julmisse Prosper v. Anthony Martin

Court of Appeals for the Eleventh Circuit | Filed: Mar 5, 2021 | Docket: 59709303

Published

access facility to any other street or highway); § 316.072(3) (failure to obey commands of police officials);

United States v. Adrian Tremayne Wilson

Court of Appeals for the Eleventh Circuit | Filed: Oct 27, 2020 | Docket: 18575605

Published

a police officer, in violation of Fla. Stat. § 316.072(3). A search of Wilson’s person revealed a valid

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

262 So. 3d 59

Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498542

Published

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

Lucas v. State

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

District Court of Appeal of Florida | Filed: Jun 10, 2016 | Docket: 3077248

Published

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

Lucas v. State

District Court of Appeal of Florida | Filed: Apr 22, 2016 | Docket: 3057067

Published

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

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

166 So. 3d 161, 2015 WL 3496499

Supreme Court of Florida | Filed: Jun 4, 2015 | Docket: 2662018

Published

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

United States v. Smith

772 F.3d 680, 2014 WL 6725819

Court of Appeals for the Eleventh Circuit | Filed: Nov 24, 2014 | Docket: 65660898

Published

and the movement of pedestrians.” Fla. Stat. § 316.072(1). And in keeping with this declaration, pedestrians

Alphonso v. State

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

District Court of Appeal of Florida | Filed: Aug 1, 2007 | Docket: 64851869

Published

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

Evans v. City of Miramar

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

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 64832144

Published

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

Gordon v. Colbert

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

District Court of Appeal of Florida | Filed: Jul 5, 2001 | Docket: 64806696

Published

of this State. The instruction relating to section 316.072, Florida Statutes (1999), was the following:

Ago

Florida Attorney General Reports | Filed: Nov 28, 1978 | Docket: 3257620

Published

the right to travel.' (Emphasis supplied.) Section 316.072(1), F. S. Jurisdiction to control traffic is

Ago

Florida Attorney General Reports | Filed: Nov 30, 1976 | Docket: 3256014

Published

excepted by Ch. 316. Section 316.072(1), (2), and (4), F. S. (1976 Supp.). Section 316.072(5)(a), F. S. (1976