316.123
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.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1974–2023 · leading case: Goldberg v. Florida Power & Light Co.
Goldberg v. Florida Power & Light Co. (2005)
“(1997), and to observe the requirements of section 316.123(2), Florida Statutes (1997), if the traffic light was inoperative.”
State v. Daniels (2014)
“Section 316.123(2)(a) requires a driver to stop “at” the stop line if one is marked.”
Levy v. Florida Power & Light Co. (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.”
Metropolitan Dade County v. Colina (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 .”
Colby v. McNeill (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 (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. Robinson (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.”
Metropolitan Dade County v. Tribble (1993)
“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 (1989)
“[2] §§ 316.123(2)(a), 322.15(1), Fla. Stat. (1987).”
Gordon's Tractor Service, Inc. v. Bilello (1976)
“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 (1974)
“*35 Section 316.123, Florida Statutes, F.S.A.”
Searcy v. ZAWACKIS (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) — 3 cases
Goldberg v. Florida Power & Light Co. (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. (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.”
Metropolitan Dade County v. Colina (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 (2014)
“Section 316.123(2)(a) requires a driver to stop “at” the stop line if one is marked.”
Beltran v. Rodriguez (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 (1989)
“[2] §§ 316.123(2)(a), 322.15(1), Fla. Stat. (1987).”
Searcy v. ZAWACKIS (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
Searcy v. ZAWACKIS (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(21)(a) — 1 case
State v. Robinson (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.”
— 316.123(3) — 1 case
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