Florida Statute 316.74 - 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. 316.074

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.

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Amendments to 316.074

Annotations, Discussions, Cases:

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

Cases Citing Statute 316.074

Total Results: 8

State v. Osuji

804 So. 2d 501, 2001 WL 1614461

District Court of Appeal of Florida | Filed: Dec 19, 2001 | Docket: 1334106

Cited 1 times | Published

officers were authorized to stop Osuji based upon section 316.074(2), Florida Statutes (2000) ("No person shall

State of Florida v. Joshua Lyle Creller

Supreme Court of Florida | Filed: May 23, 2024 | Docket: 68557907

Published

station to avoid a red light in violation of section 316.074(2), Florida Statutes (2018). Creller, 336 So

Steven J. Pincus v. American Traffic Solutions, Inc.

Court of Appeals for the Eleventh Circuit | Filed: Feb 2, 2021 | Docket: 58973234

Published

officers to issue citations for violations of § 316.074(1), which requires drivers to obey the commands

State Ex Rel. City of Aventura v. Jimenez

211 So. 3d 158, 2016 Fla. App. LEXIS 11373

District Court of Appeal of Florida | Filed: Jul 27, 2016 | Docket: 4114279

Published

express and direct conflict with Arem. . See also § 316.074(1), Fla. Stat (2105) (requiring drivers to obey

Clark v. State

170 So. 3d 69, 2015 Fla. App. LEXIS 8188, 2015 WL 2458128

District Court of Appeal of Florida | Filed: May 29, 2015 | Docket: 60249505

Published

admissible and evi*71dence that a violation of section 316.074(1)[3] or section ai6.075(l)(c)(l)[4] occurred

Ago

Florida Attorney General Reports | Filed: Mar 24, 2004 | Docket: 3257864

Published

law enforcement officer for a violation of section 316.074, Florida Statutes? Your questions are interrelated

Longshore v. State

655 So. 2d 1139, 1995 Fla. App. LEXIS 2364, 1995 WL 96323

District Court of Appeal of Florida | Filed: Mar 10, 1995 | Docket: 64756655

Published

(1993). . § 316.193, Fla.Stat (1993). . § 316.074, Fla.Stat. (1993). . § 316.1925, Fla.Stat. (1993)

Ago

Florida Attorney General Reports | Filed: Mar 4, 1981 | Docket: 3258592

Published

travel. Cf. AGO's 075-123, 073-323, 072-383. Section 316.074(1) requires the driver of any vehicle to obey