316.074
Obedience to and required traffic control devices.
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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.
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1986–2025 · leading case: State Ex Rel. City of Aventura v. Jimenez
State Ex Rel. City of Aventura v. Jimenez (2016)
“the limited authority to screen images of vehicles taken at designated intersections in the city: [American] shall act as City’s agent for the limited purpose of making an initial determination of whether the recorded images should be forwarded to an authorized [City] employee…”
State v. Osuji (2001)
“The arresting officers were authorized to stop Osuji based upon section 316.074(2), Florida Statutes (2000) ("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.”
Longshore v. State (1995)
“§ 316.074, Fla.Stat. (1993). . § 316.1925, Fla.”
Clark v. State (2015)
“§ 316.074(1), Fla. Stat. (2012). 4. Section 316.”
State of Florida v. Joshua Lyle Creller (2024)
“He cut through the parking lot of a gas station to avoid a red light in violation of section 316.074(2), Florida Statutes (2018).”
United States v. Elias Xavier Rosario Torres (2025)
“Relying on Fla. Stat. § 316.074 , 10 Pinuela argues that in order to prove that the traffic stop was valid, the government had to produce evidence that the markings on the road were in the proper 9 Indeed, we agree with the district court that the officers’ observations of…”
State v. Pheney (1986)
“F. S. 316.074(3), [F.S. 1985), provides: “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…”
Vaulk v. State (1986)
“*156 At trial, the officer who issued the citation appeared and testified that the appellant ran the red light in violation of § 316.074, F. S. (1985). The appellant testified and introduced a picture of the traffic scene to show that the officer’s vantage point was impaired in…”
— 316.074(1) — 2 cases
State Ex Rel. City of Aventura v. Jimenez (2016)
“the limited authority to screen images of vehicles taken at designated intersections in the city: [American] shall act as City’s agent for the limited purpose of making an initial determination of whether the recorded images should be forwarded to an authorized [City] employee…”
Clark v. State (2015)
“§ 316.074(1), Fla. Stat. (2012). 4. Section 316.”
— 316.074(2) — 2 cases
State v. Osuji (2001)
“The arresting officers were authorized to stop Osuji based upon section 316.074(2), Florida Statutes (2000) ("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.”
State of Florida v. Joshua Lyle Creller (2024)
“He cut through the parking lot of a gas station to avoid a red light in violation of section 316.074(2), Florida Statutes (2018).”
— 316.074(3) — 1 case
State v. Pheney (1986)
“F. S. 316.074(3), [F.S. 1985), provides: “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…”
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