Florida Statute 316.123 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

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.

F.S. 316.123 on Google Scholar

F.S. 316.123 on CourtListener

Amendments to 316.123

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.123

R or S next to points is Mandatory Revocation or Suspension

S316.123 (2)(a) Ran Stop Sign/Violation of Right of Way from Stop Sign - Points on Drivers License: 3

S316.123 (2)(b) FAILED TO YIELD at a FOUR-WAY-STOP-INTERSECTION - Points on Drivers License: 3

S316.123 (3) FAILED TO YIELD/STOP at a YIELD INTERSECTION - Points on Drivers License: 3

Cases Citing Statute 316.123

Total Results: 11

Goldberg v. Florida Power & Light Co.

899 So. 2d 1105, 30 Fla. L. Weekly Supp. 224, 2005 Fla. LEXIS 613, 2005 WL 774823

Supreme Court of Florida | Filed: Apr 7, 2005 | Docket: 2518500

Cited 35 times | Published

(1997), and to observe the requirements of section 316.123(2), Florida Statutes (1997), if the traffic

Metropolitan Dade County v. Colina

456 So. 2d 1233

District Court of Appeal of Florida | Filed: Sep 18, 1984 | Docket: 1447039

Cited 14 times | Published

traffic lights as if controlled by stop signs. Section 316.123(2), Florida Statutes (1979) describes the manner

Levy v. Florida Power & Light Co.

798 So. 2d 778, 2001 WL 1093037

District Court of Appeal of Florida | Filed: Sep 19, 2001 | Docket: 1238850

Cited 9 times | Published

inoperative shall stop in the manner indicated" in section 316.123(2), Florida Statutes (2000)). The decision

State v. Robinson

756 So. 2d 249, 2000 WL 502488

District Court of Appeal of Florida | Filed: Apr 28, 2000 | Docket: 471104

Cited 9 times | Published

stop sign itself, is a traffic infraction. Section 316.123(21)(a) provides in pertinent part: Except when

Metropolitan Dade County v. Tribble

616 So. 2d 59, 1993 WL 31579

District Court of Appeal of Florida | Filed: Feb 9, 1993 | Docket: 773677

Cited 4 times | Published

county's part should obtain. We observe, under section 316.123, Florida Statutes (1991), that when a traffic

State v. Daniels

158 So. 3d 629, 2014 Fla. App. LEXIS 7291, 2014 WL 1976269

District Court of Appeal of Florida | Filed: May 16, 2014 | Docket: 60246270

Cited 3 times | Published

arresting officer to conduct investigatory stop). Section 316.123(2)(a) requires a driver to stop “at” the stop

Beltran v. Rodriguez

36 So. 3d 725, 2010 Fla. App. LEXIS 4936, 2010 WL 1460298

District Court of Appeal of Florida | Filed: Apr 14, 2010 | Docket: 1639014

Cited 1 times | Published

court instructed the jury that pursuant to Section 316.123(2)(a), Florida Statutes, "every driver of a

Searcy v. ZAWACKIS

55 So. 3d 660, 2011 Fla. App. LEXIS 1924, 2011 WL 520476

District Court of Appeal of Florida | Filed: Feb 16, 2011 | Docket: 2407592

Published

123(2) for approaching a stop intersection."); § 316.123(2)(b), Fla. Stat. (2005) ("At a four-way stop

Ogletree v. Sentry Indemnity Co.

353 So. 2d 667, 1978 Fla. App. LEXIS 14984

District Court of Appeal of Florida | Filed: Jan 6, 1978 | Docket: 64562050

Published

from a different highway. He did instruct on Section 316.123, which prescribes the duty to stop at STOP

Gordon's Tractor Service, Inc. v. Bilello

336 So. 2d 1208, 1976 Fla. App. LEXIS 15421

District Court of Appeal of Florida | Filed: Sep 3, 1976 | Docket: 64554925

Published

to constitute an immediate hazard. Fla.Stat. § 316.123. However, the literal effect of the instruction

Walters v. McQueen

292 So. 2d 34

District Court of Appeal of Florida | Filed: Feb 28, 1974 | Docket: 454840

Published

impossible for appellee to avoid the collision. *35 Section 316.123, Florida Statutes, F.S.A., provides that: "(2)

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.