Florida Statutes

Fla. Stat. § 316.123 (2025)

Vehicle entering stop or yield intersection.

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316.123 Vehicle entering stop or yield intersection.—

(1) The right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in s. 316.006.

(2)(a) Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign 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. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.

(b) At a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles reach the four-way stop intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

(3) The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop 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. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. If such a driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of the driver’s failure to yield the right-of-way.

(4) 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. 77-229; s. 305, ch. 95-148; s. 119, ch. 99-248.

Civil Citations under F.S. 316.123

Driver's license points · R = revocation · S = suspension

§316.123(2)(a)Ran Stop Sign/Violation of Right of Way from Stop Sign3 pts

§316.123(2)(b)FAILED TO YIELD at a FOUR-WAY-STOP-INTERSECTION3 pts

§316.123(3)FAILED TO YIELD/STOP at a YIELD INTERSECTION3 pts

Notes of Decisions

Cited in 16 cases (1 in the last 5 years), 1974–2023 · leading case: Goldberg v. Florida Power & Light Co., 899 So. 2d 1105 (Fla. 2005).

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Goldberg v. Florida Power & Light Co., 899 So. 2d 1105 (Fla. 2005). · cites it 2× “(1997), and to observe the requirements of section 316.123(2), Florida Statutes (1997), if the traffic light was inoperative.”

State v. Daniels, 158 So. 3d 629 (Fla. 5th DCA 2014). · cites it 3× “Section 316.123(2)(a) requires a driver to stop “at” the stop line if one is marked.”

Levy v. Florida Power & Light Co., 798 So. 2d 778 (Fla. 4th DCA 2001). · cites it 2× “The finding of a legal duty or a jury question here would change an electric utility's conduct when faced with power outages. If appellant's allegations are true, that might be a change for the better.”

Metro. Dade Cnty. v. Colina, 456 So. 2d 1233 (Fla. 3d DCA 1984). · cites it 2× “Section 316.123(2), Florida Statutes (1979) describes the manner of stopping and requires that a driver yield the right-of-way to any vehicle "which is approaching so closely .”

Colby v. McNeill, 595 So. 2d 115 (Fla. 3d DCA 1992). “(1989)], and running a stop sign [§§ 316.123, 316.655, Fla. Stat. (1989)]. On July 2, 1990, the defendant filed a written plea of not guilty to these charges and also filed a demand for certain discovery materials; trial was set for August 1, 1990.”

Beltran v. Rodriguez, 36 So. 3d 725 (Fla. 3d DCA 2010). · cites it 3× “The trial court instructed the jury that pursuant to Section 316.123(2)(a), Florida Statutes, “every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line.”

State v. Robinson, 756 So. 2d 249 (Fla. 5th DCA 2000). “Officer Price arrested Robinson and additional contraband was found on his person. Although it may come as a revelation to some, the failure to stop at the stop line or bar rather than the stop sign itself, is a traffic infraction.”

Metro. Dade Cnty. v. Tribble, 616 So. 2d 59 (Fla. 3d DCA 1993). · cites it 2× “In the alternative, the county argued that the van had illegally crossed the intersection, and the same result of no liability on the county's part should obtain.”

State v. Carmody, 553 So. 2d 1366 (Fla. 5th DCA 1989). “[2] §§ 316.123(2)(a), 322.15(1), Fla. Stat. (1987).”

Gordon's Tractor Serv., Inc. v. Bilello, 336 So. 2d 1208 (Fla. 2d DCA 1976). · cites it 2× “Fla.Stat. § 316.123. However, the literal effect of the instruction given was to provide that a driver with the right of way automatically loses it to another who wrongfully enters the intersection immediately ahead of him.”

Walters v. McQueen, 292 So. 2d 34 (Fla. 1st DCA 1974). · cites it 4× “*35 Section 316.123, Florida Statutes, F.S.A.”

Searcy v. Zawackis, 55 So. 3d 660 (Fla. 4th DCA 2011). · cites it 4× “See § 316.123(2)(a), Fla. Stat. (2005) (“After having stopped [at a stop sign], the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard…”

Show all 16 citing cases →

— 316.123(2) — 3 cases

Goldberg v. Florida Power & Light Co., 899 So. 2d 1105 (Fla. 2005). “(1997), and to observe the requirements of section 316.123(2), Florida Statutes (1997), if the traffic light was inoperative.”

Levy v. Florida Power & Light Co., 798 So. 2d 778 (Fla. 4th DCA 2001). “The finding of a legal duty or a jury question here would change an electric utility's conduct when faced with power outages. If appellant's allegations are true, that might be a change for the better.”

Metro. Dade Cnty. v. Colina, 456 So. 2d 1233 (Fla. 3d DCA 1984). “Section 316.123(2), Florida Statutes (1979) describes the manner of stopping and requires that a driver yield the right-of-way to any vehicle "which is approaching so closely .”

— 316.123(2)(a) — 4 cases

State v. Daniels, 158 So. 3d 629 (Fla. 5th DCA 2014). “Section 316.123(2)(a) requires a driver to stop “at” the stop line if one is marked.”

Beltran v. Rodriguez, 36 So. 3d 725 (Fla. 3d DCA 2010). “The trial court instructed the jury that pursuant to Section 316.123(2)(a), Florida Statutes, “every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line.”

State v. Carmody, 553 So. 2d 1366 (Fla. 5th DCA 1989). “[2] §§ 316.123(2)(a), 322.15(1), Fla. Stat. (1987).”

Searcy v. Zawackis, 55 So. 3d 660 (Fla. 4th DCA 2011). “See § 316.123(2)(a), Fla. Stat. (2005) (“After having stopped [at a stop sign], the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard…”

— 316.123(2)(b) — 1 case

— 316.123(21)(a) — 1 case

— 316.123(3) — 1 case

Williams v. Eagle Brands, Inc., 755 So. 2d 780 (Fla. 3d DCA 2000).

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