Category: Traffic Offenses · Statute: F.S. 316.172 · Source: Florida Legislature
Understanding Passing a Stopped School Bus in Florida
Under Florida Statute Section 316.172, any motorist traveling in either direction must come to a complete stop when approaching a school bus that displays its stop signals and has its stop arm extended. Drivers must remain stopped until the bus withdraws its stop signal and begins to move. The only exception to this rule applies to drivers traveling in the opposite direction on a divided highway with a physical barrier or an unpaved median of at least five feet in width; a painted turn lane or simple yellow lines do not qualify as a barrier, meaning drivers on both sides must stop.
Florida law distinguishes between passing on the left side of the bus versus passing on the right side where children board and exit. Passing on the side where passengers enter or exit carries a steeper minimum fine of $400 for a first offense, compared to $200 for passing on the left. If a driver passes a school bus and causes serious bodily injury or death, the offense escalates from a civil traffic infraction to a severe criminal charge. Specifically, causing serious bodily injury is prosecuted as a third-degree felony, while causing death is charged as a second-degree felony.
Bail and Pretrial Release for School Bus Violations
While standard civil violations of this statute result in traffic citations rather than arrests, felony charges involving injury or death require booking into a county jail. For these criminal charges, a judge at first appearance determines pretrial release conditions. Because these cases involve public safety and vulnerable victims, judges often impose high cash or surety bail amounts, require surrender of driving privileges, or mandate the installation of GPS monitoring as a condition of release before a defendant can secure their release through a Florida bail bondsman.