Florida Statute 316.076 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.076

316.076 Flashing signals.—

(1) Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:

(a) Flashing red (stop signal).—When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.

(b) Flashing yellow (caution signal).—When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.

(2) This section does not apply at railroad-highway grade crossings. Conduct of drivers of vehicles approaching such crossings shall be governed by the rules as set forth in ss. 316.1575 and 316.159.

(3) 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. 5, ch. 86-243; s. 98, ch. 99-248.

Note.—Former s. 316.133.

F.S. 316.076 on Google Scholar

F.S. 316.076 on Casetext

Amendments to 316.076

Arrestable Offenses / Crimes under Fla. Stat. 316.076

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.076.

Civil Citations / Citable Offenses under S316.076

R or S next to points is Mandatory Revocation or Suspension

S316.076 Flashing Control Signals - fail to obey - Points on Drivers License: 3

S316.076 (1)(a) Fail to obey Flashing red stop signal - Points on Drivers License: 3

S316.076 (1)(b) Fail to obey Flashing yellow caution signal - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases Citing Statute 316.076

Total Results: 7

Luis Torres Jimenez v. State of Florida, etc.

Court: Supreme Court of Florida | Date Filed: 2018-05-03

Citation: 246 So. 3d 219

Snippet: See id. Section 316.0076, Florida Statutes (2014), expressly preempts the

City of Oldsmar v. Trinh

Court: District Court of Appeal of Florida | Date Filed: 2016-10-28

Citation: 210 So. 3d 191, 2016 Fla. App. LEXIS 16012

Snippet: (Fla.2016) 6 ; see also §§ 316.0076, .0083(l)(a), Fla. Stat. (2013). The Act

City of Orlando v. Udowychenko

Court: District Court of Appeal of Florida | Date Filed: 2012-07-06

Citation: 98 So. 3d 589, 2012 WL 2600293, 2012 Fla. App. LEXIS 10875

Snippet: Legislature had only recently enacted a statute (section 316.0076 as part of the Mark Wandall Traffic Safety Act)

Martinez v. Ascensores Servas, S.A.

Court: District Court of Appeal of Florida | Date Filed: 2012-04-18

Citation: 89 So. 3d 956, 2012 WL 1314377, 2012 Fla. App. LEXIS 5921

Snippet: trial court awarded half, for a total award of $2,316,076.14 to Ascensores for breach of the pre-incorporation

Gulley v. Pierce

Court: District Court of Appeal of Florida | Date Filed: 1993-09-17

Citation: 625 So. 2d 45, 1993 WL 366882

Snippet: 1990), regarding unlawful speed; and (3) Section 316.076, Florida Statutes (1989), pertaining to a motorist's

Smith v. Stillman

Court: Supreme Court of Florida | Date Filed: 1940-01-09

Citation: 193 So. 63, 141 Fla. 312, 1940 Fla. LEXIS 783

Snippet: v. Brinson, 286 U.S. 254,52 Sup. Ct. 516, *Page 316 76 L.Ed. 1089, and other authorities. From our study

Henderson Waits Lumber Co. v. Croft

Court: Supreme Court of Florida | Date Filed: 1925-02-18

Citation: 103 So. 414, 89 Fla. 119

Snippet: 103 Tenn. 421, 53 S.W. Rep. 955, 56 L. R. A. 316, 76 Am. St. Rep. 682; Atkins v. Grey Eagle Coal Co