Florida Statute 316.130 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 316.130

Annotations, Discussions, Cases:

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

Cases Citing Statute 316.130

Total Results: 33

Albert Darruthy v. City of Miami

351 F.3d 1080, 2003 U.S. App. LEXIS 24048, 2003 WL 22799497

Court of Appeals for the Eleventh Circuit | Filed: Nov 26, 2003 | Docket: 922029

Cited 174 times | Published

cause to arrest him for violating Fla. Stat. § 316.130,2 Fla. Stat. § 316.072,3 and § 54-2 of the Miami

McNeil v. State

656 So. 2d 1320, 1995 WL 316335

District Court of Appeal of Florida | Filed: May 26, 1995 | Docket: 1283366

Cited 13 times | Published

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

Barkett v. Gomez

908 So. 2d 1084, 2005 WL 1398471

District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 1397404

Cited 9 times | Published

defendants requested a jury instruction on section 316.130(3), Florida Statutes, which prohibits pedestrians

Acree v. Hartford South Inc.

724 So. 2d 183, 1999 WL 12701

District Court of Appeal of Florida | Filed: Jan 15, 1999 | Docket: 1409390

Cited 3 times | Published

PETERSON and THOMPSON, JJ., concur. NOTES [1] Section 316.130(10), Florida Statutes, provides: Every pedestrian

Craig v. School Bd. of Broward County

679 So. 2d 1219, 1996 WL 483025

District Court of Appeal of Florida | Filed: Aug 28, 1996 | Docket: 1215677

Cited 3 times | Published

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

Rierson v. Deveau

273 So. 3d 1041

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14809061

Cited 2 times | Published

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

State v. Williams

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

District Court of Appeal of Florida | Filed: Aug 23, 2013 | Docket: 60233660

Cited 2 times | Published

violation of a pedestrian traffic statute, section 316.130(4), Florida Statutes (2012).1 See State v.

State v. Nichols

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

District Court of Appeal of Florida | Filed: Dec 30, 2010 | Docket: 60297843

Cited 2 times | Published

violation of a pedestrian traffic statute, section 316.130(12) of the Florida Statutes (2009).4 The defendant

Rosenfeld v. Seltzer

993 So. 2d 557, 2008 WL 4568024

District Court of Appeal of Florida | Filed: Oct 15, 2008 | Docket: 1516288

Cited 2 times | Published

trial court erred in instructing the jury on section 316.130(8), Florida Statutes, which provides: "No pedestrian

Tollefson v. State

525 So. 2d 957, 1988 WL 47238

District Court of Appeal of Florida | Filed: May 11, 1988 | Docket: 1710677

Cited 2 times | Published

misdemeanor but is a noncriminal "infraction." Section 316.130, Fla. Stat. (1987); Section 318.13(3), Fla

Welford v. Liberty Insurance Corp.

190 F. Supp. 3d 1085, 2016 U.S. Dist. LEXIS 84024, 2016 WL 3360431

District Court, N.D. Florida | Filed: Jun 2, 2016 | Docket: 64309141

Cited 1 times | Published

the accident as they violated Florida Statute § 316.130 (which provides, inter alia, that a pedestrian

Jeanty v. City of Miami

876 F. Supp. 2d 1334, 2012 U.S. Dist. LEXIS 100392, 2012 WL 2877596

District Court, S.D. Florida | Filed: Jul 13, 2012 | Docket: 65983108

Cited 1 times | Published

roadway paved for vehicular traffic, Fla. Stat. § 316.130(3). The district court denied summary judgment

Sun-Sentinel Co. v. City of Hollywood

274 F. Supp. 2d 1323, 31 Media L. Rep. (BNA) 2057, 2003 U.S. Dist. LEXIS 15610, 2003 WL 21756865

District Court, S.D. Florida | Filed: Jul 25, 2003 | Docket: 2361208

Cited 1 times | Published

vendors under Section 316.130(5) of the Florida Statutes ("316.130(5)"). Florida Statute 316.130(5) reads:

Durruthy v. City of Miami

235 F. Supp. 2d 1291, 2002 U.S. Dist. LEXIS 25858, 2002 WL 31831445

District Court, S.D. Florida | Filed: Dec 13, 2002 | Docket: 2329919

Cited 1 times | Published

laws concerning pedestrians in the streets. Section 316.130, Fla Stat., for example, makes it unlawful

Isom v. State

819 So. 2d 154, 2002 WL 561075

District Court of Appeal of Florida | Filed: Apr 17, 2002 | Docket: 1750067

Cited 1 times | Published

Hitchhiking is a noncriminal traffic infraction. § 316.130(5), (19), Fla. Stat. (1999).

Z.S.F., a Juvenile v. the State of Florida

District Court of Appeal of Florida | Filed: Sep 3, 2025 | Docket: 71258609

Published

violation of a pedestrian traffic statute, section 316.130[.]”); Heien v. N.C., 574 U.S. 54, 61 (2014)

James P. Crocker v. Deputy Sheriff Steven Eric Beatty

Court of Appeals for the Eleventh Circuit | Filed: Apr 20, 2021 | Docket: 59838578

Published

Filed: 04/20/2021 Page: 14 of 67 see id. § 316.130(18). When Beatty seized his phone, Crocker was

Edeline Julmisse Prosper v. Anthony Martin

Court of Appeals for the Eleventh Circuit | Filed: Mar 5, 2021 | Docket: 59709303

Published

316.061(1) (leaving the scene of an accident); § 316.130(18) (walking on a limited access facility or a

Rierson v. Deveau

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14752818

Published

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

Martin v. Jorge Jose Sowers, M.D.

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145454

Published

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

Luders Croissy v. State of Florida

184 So. 3d 570, 2016 Fla. App. LEXIS 727, 2016 WL 231544

District Court of Appeal of Florida | Filed: Jan 20, 2016 | Docket: 3029486

Published

middle of the road.” The court found that under section 316.130, Florida Statutes, the officer could have stopped

United States v. Smith

772 F.3d 680, 2014 WL 6725819

Court of Appeals for the Eleventh Circuit | Filed: Nov 24, 2014 | Docket: 65660898

Published

id. § 316.003(28) (defining pedestrian); id. § 316.130 (describing detailed regulations for pedestrians);

Beeman v. Cosmides

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

District Court of Appeal of Florida | Filed: Sep 11, 2002 | Docket: 64817328

Published

erred in failing to either read or paraphrase section 316.130(15), Florida Statutes (2001), and we find that

McCellan v. State

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

District Court of Appeal of Florida | Filed: Nov 1, 1999 | Docket: 64800852

Published

issued him a traffic citation for violation of section 316.130(4), Florida Statutes (1997), which states:

Popejoy ex rel. Popejoy v. Harrison

615 So. 2d 823, 1993 Fla. App. LEXIS 2881, 1993 WL 74269

District Court of Appeal of Florida | Filed: Mar 17, 1993 | Docket: 64695093

Published

instructions encompassing the following two statutes: Section 316.130(15), Florida Statutes (1989),1 and section

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

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

Supreme Court of Florida | Filed: Oct 22, 1992 | Docket: 64692018

Published

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

In re Florida Rules of Practice & Procedure for Traffic Courts

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

Supreme Court of Florida | Filed: Sep 18, 1986 | Docket: 64621890

Published

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

In re Florida Rules of Practice & Procedure for Traffic Courts

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

Supreme Court of Florida | Filed: Sep 30, 1985 | Docket: 64614954

Published

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

Gray v. Break

440 So. 2d 1297, 1983 Fla. App. LEXIS 21856

District Court of Appeal of Florida | Filed: Oct 6, 1983 | Docket: 64600944

Published

“traffic control;” if the pedestrians violated section 316.130, Florida Statutes (1981),1 by crossing the

In re Florida Rules of Practice & Procedure for Traffic Courts

410 So. 2d 1337, 1982 Fla. LEXIS 2355

Supreme Court of Florida | Filed: Feb 11, 1982 | Docket: 64588544

Published

and infractions of pedestrian regulations, section 316.130, Florida Statutes; (2) Three dollars for all

Burke v. Dade County

390 So. 2d 797, 1980 Fla. App. LEXIS 18161

District Court of Appeal of Florida | Filed: Dec 2, 1980 | Docket: 64579012

Published

than for the pedestrian (plaintiff). But see § 316.-130, Fla.Stat. (1977). We similarly affirm the court’s

In re Traffic Court Rules 6.010, 6.040, 6.060, 6.130, 6.156, 6.270, 6.290, 6.310, 6.320, 6.470 & 6.560

366 So. 2d 400, 1978 Fla. LEXIS 5068

Supreme Court of Florida | Filed: Dec 14, 1978 | Docket: 64568019

Published

and infractions of pedestrian regulations, section 316.-130, Florida Statutes; (2) Three dollars for all

Kilpatrick v. Keener

364 So. 2d 20, 1978 Fla. App. LEXIS 16960

District Court of Appeal of Florida | Filed: Oct 16, 1978 | Docket: 64566978

Published

pedestrians to walk on the shoulder facing traffic. Section 316.130(4), Florida Statutes (1977); Fla.Std. Jury