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Florida Statute 316.083 | Lawyer Caselaw & Research
F.S. 316.083 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 316.083

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.083
316.083 Overtaking and passing a vehicle, a bicycle or other nonmotorized vehicle, or an electric bicycle.The following rules shall govern the overtaking and passing of vehicles, bicycles and other nonmotorized vehicles, and electric bicycles, subject to those limitations, exceptions, and special rules hereinafter stated:
(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction must give an appropriate signal as provided for in s. 316.156, must pass to the left thereof at a safe distance, and must not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
(2) The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle or an electric bicycle occupying the same travel lane must pass the bicycle or other nonmotorized vehicle or electric bicycle at a safe distance of not less than 3 feet or, if such movement cannot be safely accomplished, must remain at a safe distance behind the bicycle or other nonmotorized vehicle or electric bicycle until the driver can safely pass at a distance of not less than 3 feet and must safely clear the overtaken bicycle or other nonmotorized vehicle or electric bicycle.
(3) The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle, or an electric bicycle, occupying a bicycle lane must pass the bicycle, other nonmotorized vehicle, or electric bicycle at a safe distance of not less than 3 feet between the vehicle and the bicycle, other nonmotorized vehicle, or electric bicycle.
(4) Subsections (2) and (3) do not apply when a bicycle or other nonmotorized vehicle, or an electric bicycle, occupies a separated bicycle lane.
(5) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle must give way to the right in favor of the overtaking vehicle, on audible signal or upon the visible blinking of the headlamps of the overtaking vehicle if such overtaking is being attempted at nighttime, and must not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.
(6) A person who violates this section commits a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
(7) The department must provide an annual awareness and safety campaign informing the public about the safety precautions to be taken when overtaking a bicycle or other nonmotorized vehicle or an electric bicycle.
History.s. 1, ch. 71-135; s. 304, ch. 95-148; s. 107, ch. 99-248; s. 3, ch. 2005-164; s. 50, ch. 2006-290; s. 5, ch. 2020-69; s. 2, ch. 2021-180.

F.S. 316.083 on Google Scholar

F.S. 316.083 on Casetext

Amendments to 316.083


Arrestable Offenses / Crimes under Fla. Stat. 316.083
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.083.


Civil Citations / Citable Offenses under S316.083
R or S next to points is Mandatory Revocation or Suspension

S316.083 (1) OVERTAKING AND PASSING A VEHICLE cutting in - Points on Drivers License: 3
S316.083 (1) Overtaking and passing Bicycle improper distance between - Points on Drivers License: 3
S316.083 (2) Overtaking and passing a vehicle - Failure to give right-of-way to overtaking vehicle - Points on Drivers License: 3


Annotations, Discussions, Cases:

Cases from cite.case.law:

SUNBELT ENVIRONMENTAL, INC. a s o v. GULF COAST TRUCK EQUIPMENT COMPANY, INC. LLC, d b a, 82 So. 3d 1196 (Fla. Dist. Ct. App. 2012)

. . . Among other things, they alleged that the negligent acts of Sunbelt’s driver violated sections 316.083 . . .

STATE v. LEE, STATE v. G. JULIO,, 356 So. 2d 276 (Fla. 1978)

. . . .-054, 316.055, 316.056, 316.0565, 316.057(9), 316.061, 316.081, 316.082, 316.083, 316.084, 316.085, . . .