Florida Statute 316.123 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.123

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 Casetext

Amendments to 316.123

Arrestable Offenses / Crimes under Fla. Stat. 316.123

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.123.

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 - 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

Annotations, Discussions, Cases:

Cases Citing Statute 316.123

Total Results: 20

State v. Daniels

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-16T00:00:00-07:00

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

Snippet: officer to conduct investigatory stop). Section 316.123(2)(a) requires a driver to stop “at” the stop line… traffic infraction has occurred under section 316.123(2)(a), and a valid traffic stop may result. Robinson… (M.D.Fla. Aug. 3, 2006) (finding that section 316.123(2)(a) is violated when a vehicle’s “front tires

Searcy v. ZAWACKIS

Court: Fla. Dist. Ct. App. | Date Filed: 2011-02-16T00:00:00-08:00

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

Snippet: manner indicated in s. 316.123(2) for approaching a stop intersection."); § 316.123(2)(b), Fla. Stat. …legal cause of the decedent's death. See § 316.123(2)(a), Fla. Stat. (2005) ("After having stopped

Beltran v. Rodriguez

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-14T00:00:00-07:00

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

Snippet: court instructed the jury that pursuant to Section 316.123(2)(a), Florida Statutes, "every driver of …may have been caused by this collision. Section 316.123(2)(a) was therefore applicable and the jury instruction

Ago

Court: Fla. Att'y Gen. | Date Filed: 2009-04-23T00:53:00-07:00

Snippet: Enforcement for the signs shall be as provided in s. 316.123. 4. The board of directors of a homeowners'

Goldberg v. Florida Power & Light Co.

Court: Fla. | Date Filed: 2005-04-07T00:00:00-07:00

Citation: 899 So. 2d 1105

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

Florida Power & Light Co. v. Goldberg

Court: Fla. Dist. Ct. App. | Date Filed: 2003-10-01T00:53:00-07:00

Citation: 856 So. 2d 1011

Snippet: correctly asserts that under sections 316.1235, 316.123(2)(a), Florida Statutes, the drivers were required

Levy v. Florida Power & Light Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2001-09-19T00:53:00-07:00

Citation: 798 So. 2d 778

Snippet: stop in the manner indicated" in section 316.123(2), Florida Statutes (2000)). The decision in this

Stivers v. Ford Motor Credit Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2000-12-26T23:53:00-08:00

Citation: 777 So. 2d 1023

Snippet: 316.081(1)(b), 316.087(1)(a) & (b), 316.122, 316.123, 316.125(1), 316.185, Fla. Stat. (2000) ("

State v. Robinson

Court: Fla. Dist. Ct. App. | Date Filed: 2000-04-28T00:53:00-07:00

Citation: 756 So. 2d 249

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

Williams v. Eagle Brands, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2000-04-12T00:00:00-07:00

Citation: 755 So. 2d 780, 2000 Fla. App. LEXIS 4262, 2000 WL 368512

Snippet: there is a yield sign, as set forth in subsection 316.123(3), Florida Statutes. We conclude that the evidence

State v. Holland

Court: Fla. Dist. Ct. App. | Date Filed: 1996-08-23T00:53:00-07:00

Citation: 680 So. 2d 1041

Snippet: 2d DCA 1989). [2] See §§ 316.072(2) & 316.123(2)(a), Fla.Stat. (1993) (requiring drivers to stop

Metropolitan Dade County v. Tribble

Court: Fla. Dist. Ct. App. | Date Filed: 1993-02-08T23:53:00-08:00

Citation: 616 So. 2d 59

Snippet: part should obtain. We observe, under section 316.123, Florida Statutes (1991), that when a traffic signal

City of Miami v. Burley

Court: Fla. Dist. Ct. App. | Date Filed: 1992-03-17T00:00:00-08:00

Citation: 596 So. 2d 1133, 1992 Fla. App. LEXIS 2510, 1992 WL 48844

Snippet: upon the City’s request, as to Sections 316.1235, 316.123(2), Florida Statutes (1989). The City of Miami

Colby v. McNeill

Court: Fla. Dist. Ct. App. | Date Filed: 1992-02-11T00:00:00-08:00

Citation: 595 So. 2d 115, 1992 Fla. App. LEXIS 1023

Snippet: Fla.Stat. (1989)], and running a stop sign [§§ 316.123, 316.655, Fla.Stat. (1989)]. On July 2, 1990, the

Colby v. McNeill

Court: Fla. Dist. Ct. App. | Date Filed: 1992-02-10T23:53:00-08:00

Citation: 595 So. 2d 115

Snippet: Fla. Stat. (1989)], and running a stop sign [§§ 316.123, 316.655, Fla. Stat. (1989)]. On July 2, 1990,

State v. Carmody

Court: Fla. Dist. Ct. App. | Date Filed: 1989-12-20T23:53:00-08:00

Citation: 553 So. 2d 1366

Snippet: NOTES [1] § 320.261, Fla. Stat. (1987). [2] §§ 316.123(2)(a), 322.15(1), Fla. Stat. (1987). [3] 901.15

Metropolitan Dade County v. Colina

Court: Fla. Dist. Ct. App. | Date Filed: 1984-09-18T00:53:00-07:00

Citation: 456 So. 2d 1233

Snippet: lights as if controlled by stop signs. Section 316.123(2), Florida Statutes (1979) describes the manner…inoperative shall stop in the manner indicated in s. 316.123 (2) for approaching a stop intersection. In the…light shall stop in the above-prescribed manner. 316.123 Vehicle entering stop or yield intersection.

Copertino v. Bandolik

Court: Fla. Dist. Ct. App. | Date Filed: 1983-03-30T00:00:00-08:00

Citation: 429 So. 2d 417, 1983 Fla. App. LEXIS 19482

Snippet: instructing the jury on both Sections 316.121 and 316.123, Florida Statutes (1980). While conceding that

Ago

Court: Fla. Att'y Gen. | Date Filed: 1978-12-11T23:53:00-08:00

Snippet: lane or to move in a particular direction; s. 316.123, F. S., providing for stop or yield intersections

State v. Lee

Court: Fla. | Date Filed: 1978-02-22T23:53:00-08:00

Citation: 356 So. 2d 276

Snippet: 316.110, 316.1105, 316.113, 316.121, 316.122, 316.123, 316.125, 316.126(1) or (3), 316.133, 316.134,