Florida Statute 316.72 - 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. 316.72

316.72 Buses simulating school buses in color and insignia; conditions of use.—

(1) It shall be unlawful for any person, except a governmental unit or agency operating as provided by law, to use on the public highways of the state any bus of an orange or yellow color known as “school bus chrome,” or any color purporting to resemble the color of a school bus, for any purpose other than to transport persons to and from educational or recreational facilities or institutions or to and from events or activities which are sponsored, financed, or supervised by educational, recreational, religious, or charitable organizations. When said vehicle has ceased to be so used, or is used for the transportation of passengers other than for said purpose, its use shall be unlawful unless and until said bus has been changed from said colors to some other color by repainting and unless and until all signs and insignia which mark or designate it as a school bus have been removed therefrom. However, in school districts contracting for buses from an outside source or in school districts operating specially designed or equipped buses for the transporting of the handicapped, those buses may be used on a temporary or irregular basis to transport persons to and from facilities or activities not specified in this subsection within the county with the express consent of the school board.

(2) Any educational, recreational, religious, or charitable organization may own, operate, rent, or lease any bus which has been painted the orange or yellow color known as “school bus chrome” and which has been equipped with the signs, lights, insignia, and other features which normally characterize a school bus, as defined in s. 1006.25, consistent with the provisions of this section.

(3) Any person violating any provision hereof shall be deemed guilty of a misdemeanor.

(4) Any county or municipal ordinance contrary to the provisions of this section is hereby repealed.

History.—ss. 1, 2, 3, ch. 57-280; s. 5, ch. 61-459; s. 96, ch. 65-239; s. 106, ch. 72-106; s. 13, ch. 75-284; s. 2, ch. 78-104; s. 1, ch. 80-265; s. 40, ch. 97-190; s. 961, ch. 2002-387.

Note.—Former s. 234.041.

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Amendments to 316.72

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 316.72

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

S316.72 - PUBLIC ORDER CRIMES - SIMULATE COLOR OF BUS TO RESEMBLE SCH BUS - M: S

Cases Citing Statute 316.72

Total Results: 21

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

for violating Fla. Stat. § 316.130,2 Fla. Stat. § 316.072,3 and § 54-2 of the Miami City Code.4 The district

Koch v. State

39 So. 3d 464, 2010 Fla. App. LEXIS 9877, 2010 WL 2671287

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 18330

Cited 37 times | Published

refusal to obey an officer's lawful order under section 316.072(3). The trial court initially agreed. But then

Bryant v. Beary

766 So. 2d 1157, 2000 WL 1227902

District Court of Appeal of Florida | Filed: Aug 31, 2000 | Docket: 1070715

Cited 8 times | Published

himself. Bryant attempts to find a duty in section 316.072(5), Florida Statutes (1997), which allows emergency

Brown v. City of Pinellas Park

557 So. 2d 161, 1990 WL 12772

District Court of Appeal of Florida | Filed: Feb 16, 1990 | Docket: 1512295

Cited 7 times | Published

is indicated in section 316.072(5)(c), Florida Statutes (1987). While section 316.072(5)(a)1 excepts "[t]he

State v. Mahoy

575 So. 2d 779, 1991 WL 27507

District Court of Appeal of Florida | Filed: Mar 7, 1991 | Docket: 1443288

Cited 4 times | Published

cause to charge Mahoy with a violation of section 316.072(3) which provides that it is unlawful and a

Blackshear v. City of Miami Beach

799 F. Supp. 2d 1338, 2011 U.S. Dist. LEXIS 85045, 2011 WL 3211514

District Court, S.D. Florida | Filed: Jul 26, 2011 | Docket: 129129

Cited 2 times | Published

arrested Blackshear for a violation of Fla. Stat. § 316.072(3), for failure to obey a lawful order of a police

Hutt v. Nichols

652 So. 2d 427, 1995 WL 111193

District Court of Appeal of Florida | Filed: Mar 17, 1995 | Docket: 1517985

Cited 2 times | Published

Inc., 543 So.2d 455 (Fla. 5th DCA 1989). [2] § 316.072(5), Fla. Stat. (1993). [3] Vienneau v. Metropolitan

In Re Standard Jury Instructions in Criminal Cases—Report No. 2016-08

211 So. 3d 995

Supreme Court of Florida | Filed: Feb 23, 2017 | Docket: 4609133

Cited 1 times | Published

OF A [POLICE] [FIRE] [TRAFFIC] OFFICIAL § 316.072(3), Fla. Stat. To prove the crime of Failure

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

cease blocking or obstructing free passage." Section 316.072, Fla. Stat. also makes it a misdemeanor "for

Edeline Julmisse Prosper v. Anthony Martin

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

Published

access facility to any other street or highway); § 316.072(3) (failure to obey commands of police officials);

United States v. Adrian Tremayne Wilson

Court of Appeals for the Eleventh Circuit | Filed: Oct 27, 2020 | Docket: 18575605

Published

a police officer, in violation of Fla. Stat. § 316.072(3). A search of Wilson’s person revealed a valid

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-09.

262 So. 3d 59

Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498542

Published

OF A [POLICE] [FIRE] [TRAFFIC] OFFICIAL § 316.072(3), Fla. Stat. To prove the crime of Failure

Lucas v. State

192 So. 3d 1269, 2016 WL 3216279, 2016 Fla. App. LEXIS 9010

District Court of Appeal of Florida | Filed: Jun 10, 2016 | Docket: 3077248

Published

a law enforcement officer, a violation of section 316.072(3). The trial court declined the request.

Lucas v. State

District Court of Appeal of Florida | Filed: Apr 22, 2016 | Docket: 3057067

Published

a law enforcement officer, a violation of section 316.072(3), Florida Statutes (2013). The trial court

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2013-04

166 So. 3d 161, 2015 WL 3496499

Supreme Court of Florida | Filed: Jun 4, 2015 | Docket: 2662018

Published

OF A [POLICE] [FIRE] [TRAFFIC] OFFICIAL § 316.072(3), Fla. Stat. To prove the crime of Failure

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

and the movement of pedestrians.” Fla. Stat. § 316.072(1). And in keeping with this declaration, pedestrians

Alphonso v. State

963 So. 2d 287, 2007 Fla. App. LEXIS 11730, 2007 WL 2189098

District Court of Appeal of Florida | Filed: Aug 1, 2007 | Docket: 64851869

Published

direction of any law enforcement officer....” § 316.072(3), Fla. Stat. (2006). The officer had set the

Evans v. City of Miramar

879 So. 2d 684, 2004 Fla. App. LEXIS 11750, 2004 WL 1779085

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 64832144

Published

dispatch that there was a fire in the area. Section 316.072, Florida Statutes, governing obedience to traffic

Gordon v. Colbert

789 So. 2d 471, 2001 Fla. App. LEXIS 9155, 2001 WL 746925

District Court of Appeal of Florida | Filed: Jul 5, 2001 | Docket: 64806696

Published

of this State. The instruction relating to section 316.072, Florida Statutes (1999), was the following:

Ago

Florida Attorney General Reports | Filed: Nov 28, 1978 | Docket: 3257620

Published

the right to travel.' (Emphasis supplied.) Section 316.072(1), F. S. Jurisdiction to control traffic is

Ago

Florida Attorney General Reports | Filed: Nov 30, 1976 | Docket: 3256014

Published

excepted by Ch. 316. Section 316.072(1), (2), and (4), F. S. (1976 Supp.). Section 316.072(5)(a), F. S. (1976