Florida Statute 316.130 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.130

316.130 Pedestrians; traffic regulations.—

(1) A pedestrian shall obey the instructions of any official traffic control device specifically applicable to the pedestrian unless otherwise directed by a police officer.

(2) Pedestrians shall be subject to traffic control signals at intersections as provided in s. 316.075, but at all other places pedestrians shall be accorded the privileges and be subject to the restrictions stated in this chapter.

(3) Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular traffic.

(4) Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the shoulder on the left side of the roadway in relation to the pedestrian’s direction of travel, facing traffic which may approach from the opposite direction.

(5) No person shall stand in the portion of a roadway paved for vehicular traffic for the purpose of soliciting a ride, employment, or business from the occupant of any vehicle.

(6) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.

(7)(a) The driver of a vehicle at an intersection that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

(b) The driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

(c) When traffic control signals are not in place or in operation and there is no signage indicating otherwise, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

(8) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

(9) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

(10) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

(11) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.

(12) No pedestrian shall, except in a marked crosswalk, cross a roadway at any other place than by a route at right angles to the curb or by the shortest route to the opposite curb.

(13) Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

(14) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices, and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements.

(15) Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.

(16) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given. No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.

(17) No pedestrian may jump or dive from a publicly owned bridge. Nothing in this provision requires the state or any political subdivision of the state to post signs notifying the public of this provision. The failure to post a sign may not be construed by any court to create liability on the part of the state or any of its political subdivisions for injuries sustained as a result of jumping or diving from a bridge in violation of this subsection.

(18) No pedestrian shall walk upon a limited access facility or a ramp connecting a limited access facility to any other street or highway; however, this subsection does not apply to maintenance personnel of any governmental subdivision.

(19) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a pedestrian violation or, if the infraction resulted from the operation of a vehicle, as a moving violation.

History.—s. 1, ch. 71-135; ss. 1, 8, ch. 76-31; s. 2, ch. 83-68; ss. 1, 2, ch. 83-74; s. 3, ch. 84-309; s. 306, ch. 95-148; s. 123, ch. 99-248; s. 2, ch. 2008-33.

Note.—Former s. 316.057.

F.S. 316.130 on Google Scholar

F.S. 316.130 on Casetext

Amendments to 316.130

Arrestable Offenses / Crimes under Fla. Stat. 316.130

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.130.

Civil Citations / Citable Offenses under S316.130

R or S next to points is Mandatory Revocation or Suspension

S316.130 PEDESTRIAN VIOLATION - Points on Drivers License:

S316.130 (1) Pedestrian control signal - pedestrian failed to obey - Points on Drivers License: 0

S316.130 (2) Pedestrian fail to obey traffic signal at intersection - Points on Drivers License: 0

S316.130 (3) Pedestrian fail to use sidewalk - Points on Drivers License: 0

S316.130 (4) Pedestrian fail to walk left side when no sidewalk - Points on Drivers License: 0

S316.130 (5) Pedestrian stand in road/solicit ride/business - Points on Drivers License: 0

S316.130 (6) Pedestrian standing on/in proximity to roadway to guard/watch vehicle - Points on Drivers License: 0

S316.130 (7)(a) FAILED TO YIELD right-of-way to PEDESTRIAN at intersection with traffic control device - Points on Drivers License: 3

S316.130 (7)(b) FAILED TO YIELD right-of-way to PEDESTRIAN at crosswalk with signage - Points on Drivers License: 3

S316.130 (7)(c) FAILED TO YIELD right-of-way to PEDESTRIAN at crosswalk with no traffic signal, inoperative traffic signal, no signage - Points on Drivers License: 3

S316.130 (8) Pedestrian leave place of safety and enter path of vehicle - Points on Drivers License: 0

S316.130 (9) PASSING VEHICLE STOPPED FOR PEDESTRIAN AT SIDEWALK - Points on Drivers License: 3

S316.130 (10) Pedestrian failed to yield to traffic - Points on Drivers License: 0

S316.130 (11) Pedestrian failed to cross in crosswalk - Points on Drivers License: 0

S316.130 (12) Pedestrian failed to cross road at right angle/shortest route - Points on Drivers License: 0

S316.130 (13) Pedestrian failed to move right half of crosswalk - Points on Drivers License: 0

S316.130 (14) Pedestrian crossed intersection diagonally - Points on Drivers License: 0

S316.130 (15) FAILED TO USE DUE CARE TOWARD PEDESTRIAN - Points on Drivers License: 3

S316.130 (16) Pedestrian enter/remain beyond bridge/RR gate - Points on Drivers License: 0

S316.130 (17) No jump/dive off public bridge - Points on Drivers License: 0

S316.130 (18) Pedestrian on limited access facility - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases Citing Statute 316.130

Total Results: 20

Rierson v. Deveau

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-20T00:53:00-07:00

Snippet: accident. Deveau was cited for violating section 316.130(15), Florida Statutes (2018), which provides:

Rierson v. Deveau

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-20T00:00:00-07:00

Citation: 273 So. 3d 1041

Snippet: accident. Deveau was cited for violating section 316.130(15), Florida Statutes (2018), which provides:

Martin v. Jorge Jose Sowers, M.D.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-30T00:53:00-07:00

Snippet: error in the giving of the instruction on section 316.130(8) was harmless.”); Aetna Cas. & Sur. Co. v

Luders Croissy v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-20T00:00:00-08:00

Citation: 184 So. 3d 570, 2016 Fla. App. LEXIS 727

Snippet: the road.” The court found that under section 316.130, Florida Statutes, the officer could have stopped… cause that the defendant had violated section 316.130, Florida Statutes, which gave him cause to stop… or on a roadway where -there are sidewalks. § 316.130(3), Fla. Stat. (2014). There was no testimony concerning… when there are no sidewalks. Id. § 316.130(4). Once again, there was .no evidence that sidewalks…the occupant of any vehicle.” Id. § 316.130(5). There was no testimony that the defendant was

State v. Williams

Court: Fla. Dist. Ct. App. | Date Filed: 2013-08-23T00:00:00-07:00

Citation: 119 So. 3d 544, 2013 WL 4488691, 2013 Fla. App. LEXIS 13482

Snippet: violation of a pedestrian traffic statute, section 316.130(4), Florida Statutes (2012).1 See State v. Nichols…defendant was jaywalking” in violation of section 316.130(12)). We also find that no competent substantial…REMANDED. MARSTILLER and RAY, JJ., concur. . Section 316.130(4), Florida Statutes (2012) provides: Where sidewalks

State v. Nichols

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-30T00:00:00-08:00

Citation: 52 So. 3d 793, 2010 Fla. App. LEXIS 20137, 2010 WL 5391539

Snippet: violation of a pedestrian traffic statute, section 316.130(12) of the Florida Statutes (2009).4 The defendant…defendant argued that he did not violate section 316.130(12) and, therefore, his seizure and subsequent search…testimony, he was acting in compliance with [section 316.130(10) ], which says, the passenger shall yield the…crossing the street in a diagonal direction. Section 316.130(12) of the Florida Statutes states that, when there…See § 790.01(2) Fla. Stat. (2009). . Section 316.130(12) of the Florida Statutes (2009) states, in pertinent

Rosenfeld v. Seltzer

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-15T00:53:00-07:00

Citation: 993 So. 2d 557

Snippet: court erred in instructing the jury on section 316.130(8), Florida Statutes, which provides: "No …gave rise to the present appeal, namely, section 316.130(8), Florida Statutes, which provides: "No …court's instruction to the jury on section 316.130(8), Florida Statutes. The court denied the motion…this appeal. The Rosenfelds argue that section 316.130(8) was legally erroneous when applied to a two-…instructed the jury that a violation of section 316.130(8), which would place a duty of care on the child

Barkett v. Gomez

Court: Fla. Dist. Ct. App. | Date Filed: 2005-06-15T00:53:00-07:00

Citation: 908 So. 2d 1084

Snippet: defendants requested a jury instruction on section 316.130(3), Florida Statutes, which prohibits pedestrians…the jury should have been instructed on section 316.130(3), (3) the photograph of Barkett's vehicle…when it refused to instruct the jury on section 316.130(3), Florida Statutes (2002). "Florida law …instruction which tracked the language of section 316.130(3), Florida Statutes. There is no dispute that …conclude that there was a sidewalk, and section 316.130(3), Florida Statutes, would prohibit the conduct

Beeman v. Cosmides

Court: Fla. Dist. Ct. App. | Date Filed: 2002-09-11T00:00:00-07:00

Citation: 825 So. 2d 511, 2002 Fla. App. LEXIS 13152, 2002 WL 31015531

Snippet: in failing to either read or paraphrase section 316.130(15), Florida Statutes (2001), and we find that … of a fair determination of his claim. Section 316.130(15), provides: Notwithstanding other provisions…incapacitated person. (Emphasis added.) Section 316.130(15) places a responsibility on every driver in

Isom v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-04-17T00:53:00-07:00

Citation: 819 So. 2d 154

Snippet: Hitchhiking is a noncriminal traffic infraction. § 316.130(5), (19), Fla. Stat. (1999). 2D01-275

McCellan v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-11-01T00:00:00-08:00

Citation: 768 So. 2d 1098, 1999 Fla. App. LEXIS 14523, 1999 WL 982962

Snippet: violation of section 316.130(4), Florida Statutes (1997), which states: 316.130 Pedestrian obedience …time on appeal, McCellan contends that section 316.130(4) does not prohibit him from standing in the middle

Acree v. Hartford South Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-01-14T23:53:00-08:00

Citation: 724 So. 2d 183

Snippet: and THOMPSON, JJ., concur. NOTES [1] Section 316.130(10), Florida Statutes, provides: Every pedestrian…-way to all vehicles upon the roadway. Section 316.130(12), Florida Statutes, also provides: No pedestrian

Craig v. School Bd. of Broward County

Court: Fla. Dist. Ct. App. | Date Filed: 1996-08-28T00:53:00-07:00

Citation: 679 So. 2d 1219

Snippet: Stat. (1989). The instruction based on section 316.130(8), Florida Statutes (1989), should not have been

McNeil v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-05-26T00:53:00-07:00

Citation: 656 So. 2d 1320

Snippet: maintenance personnel or any governmental subdivision. § 316.130(18), Fla. Stat. (1993). [3] McNeil's purse

Popejoy ex rel. Popejoy v. Harrison

Court: Fla. Dist. Ct. App. | Date Filed: 1993-03-17T00:00:00-08:00

Citation: 615 So. 2d 823, 1993 Fla. App. LEXIS 2881

Snippet: encompassing the following two statutes: Section 316.130(15), Florida Statutes (1989),1 and section 316.2065…J., concurs specially with opinion. . Section 316.130(15), Florida Statutes (1989), provides as follows

In re Amendments to the Florida Rules of Practice & Procedure for Traffic Courts

Court: Fla. | Date Filed: 1992-10-22T00:00:00-07:00

Citation: 608 So. 2d 451, 17 Fla. L. Weekly Supp. 668, 1992 Fla. LEXIS 1825, 1992 WL 301685

Snippet: violations of pedestrian regulations-under-section-316.130 and-violations of Chapter 316 by a bicyclist 14

Mathieu v. Schnitzer

Court: Fla. Dist. Ct. App. | Date Filed: 1990-04-11T00:53:00-07:00

Citation: 559 So. 2d 1244

Snippet: instructions based on sections 316.003(6)(a) and 316.130(15,) Florida Statutes (1987). The trial judge refused

Tollefson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1988-05-11T00:53:00-07:00

Citation: 525 So. 2d 957

Snippet: a noncriminal "infraction." Section 316.130, Fla. Stat. (1987); Section 318.13(3), Fla. Stat

In re Florida Rules of Practice & Procedure for Traffic Courts

Court: Fla. | Date Filed: 1986-09-18T00:00:00-07:00

Citation: 494 So. 2d 1129, 11 Fla. L. Weekly 493, 1986 Fla. LEXIS 2670

Snippet: violations of pedestrian regulations under section 316.130 and violations of Chapter 316 by a bicyclist 14

In re Florida Rules of Practice & Procedure for Traffic Courts

Court: Fla. | Date Filed: 1985-09-30T00:00:00-07:00

Citation: 477 So. 2d 542, 10 Fla. L. Weekly 539, 1985 Fla. LEXIS 3911

Snippet: violations of pedestrian regulations under section 316.130 *544and violations of Chapter 316 by a bicyclist