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Florida Statute 316.0895 | Lawyer Caselaw & Research
F.S. 316.0895 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 316.0895

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.0895
316.0895 Following too closely.
(1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway.
(2) It is unlawful for the driver of any motor truck, motor truck drawing another vehicle, or vehicle towing another vehicle or trailer, when traveling upon a roadway outside of a business or residence district, to follow within 300 feet of another motor truck, motor truck drawing another vehicle, or vehicle towing another vehicle or trailer. The provisions of this subsection shall not be construed to prevent overtaking and passing nor shall the same apply upon any lane specially designated for use by motor trucks or other slow-moving vehicles.
(3) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.
(4) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
History.s. 1, ch. 71-135; s. 1, ch. 76-31; s. 114, ch. 99-248.
Note.Former s. 316.092.

F.S. 316.0895 on Google Scholar

F.S. 316.0895 on Casetext

Amendments to 316.0895


Arrestable Offenses / Crimes under Fla. Stat. 316.0895
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.0895.


Civil Citations / Citable Offenses under S316.0895
R or S next to points is Mandatory Revocation or Suspension

S316.0895 FOLLOWING TOO CLOSELY - Points on Drivers License: 3
S316.0895 (1) Following to closely - Points on Drivers License: 3
S316.0895 (2) Following too closely with Tow/Truck - Points on Drivers License: 3
S316.0895 (3) Follow Motorcade too close - Points on Drivers License: 3


Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. BECERRA- BECERRA,, 437 F. App'x 827 (11th Cir. 2011)

. . . . § 316.0895(1); see also Velez v. . . . defendant driving at 55 miles per hour two car lengths behind another vehicle, in violation of section 316.0895 . . . behind the vehicle in front of him, gave the officer probable cause to think a violation of section 316.0895 . . . distance of three car lengths reasonably could have been interpreted by an officer as violating section 316.0895 . . .

MICKELL, v. STATE, 41 So. 3d 960 (Fla. Dist. Ct. App. 2010)

. . . See § 316.0895(1), Fla. Stat. (2008). Mickell was the driver of the car. . . .

P. CLAMPITT, v. D. J. SPENCER SALES,, 786 So. 2d 570 (Fla. 2001)

. . . See section 316.0895(1), Florida Statutes (1993), which provides in relevant part: 316.0895 Following . . .

UNITED STATES v. PURCELL,, 236 F.3d 1274 (11th Cir. 2001)

. . . Section 316.0895 of the Florida Statutes provides that "[t]he driver of a motor vehicle shall not follow . . .

EPPLER, v. TARMAC AMERICA, INC., 752 So. 2d 592 (Fla. 2000)

. . . .” § 316.0895(1), Fla. Stat. (1997). . . . .

EARLE, v. STATE v., 745 So. 2d 1087 (Fla. Dist. Ct. App. 1999)

. . . stopped the car on Interstate 95 for the traffic infraction of following too closely, contrary to section 316.0895 . . .

A. ROBINSON S. v. W. GERARD B., 611 So. 2d 605 (Fla. Dist. Ct. App. 1993)

. . . instructions, as an adaptation of Florida Standard Jury Instruction (Civil) 4.11: Florida Statute § 316.0895 . . .

BRANDY v. STATE OF FLORIDA, 43 Fla. Supp. 2d 11 (Fla. Cir. Ct. 1990)

. . . Appellant was stopped because of a suspected violation of Florida Statute 316.0895(1) which makes it . . . Florida Statute 316.0895(1) makes it illegal for a “motor vehicle” to follow another vehicle too closely . . . Because F.S. 316.0895(1) specifically used the term “motor vehicle”, this court finds bicycles are not . . . regulated under F.S. 316.0895(1). . . .

VELEZ v. STATE, 554 So. 2d 545 (Fla. Dist. Ct. App. 1989)

. . . issue a warning for following another vehicle too closely, a minor traffic violation under section 316.0895 . . . also observed that the car was following too closely behind another vehicle in violation of section 316.0895 . . . that a reasonable officer probably would not have stopped this vehicle, and on these facts, section 316.0895 . . . Section 316.0895, Florida Statutes (1985) provides in pertinent part: (1) The driver of a motor vehicle . . .

R. PORCHER, v. STATE, 538 So. 2d 1278 (Fla. Dist. Ct. App. 1989)

. . . . § 316.0895, Fla.Stat. (1987). . . .

SALAZAR, v. SANTOS HARRY CO. INC., 537 So. 2d 1048 (Fla. Dist. Ct. App. 1989)

. . . Johns, 205 So.2d 711 (Fla. 1st DCA 1968); § 316.0895 Fla.Stat. (1987). . . .

HAMMOND, v. JIM HINTON OIL COMPANY, INC. J. AGNER, v. JIM HINTON OIL COMPANY, INC. J., 530 So. 2d 995 (Fla. Dist. Ct. App. 1988)

. . . Appellants argue that even though the court gave an instruction on following too closely pursuant to § 316.0895 . . . careless and reckless [instruction] as well [as the instruction on following too closely contained in § 316.0895 . . .

T. PRICE v. J. McCLAIN Co., 484 So. 2d 1316 (Fla. Dist. Ct. App. 1986)

. . . This is a clear violation of section 316.0895, Florida Statutes (1983), and constitutes negligence. . . .

STATE OF FLORIDA v. THOMLINSEN, 6 Fla. Supp. 2d 237 (Broward Cty. Ct. 1984)

. . . Defendant was charged with a traffic infraction of following too closely causing an accident violating F.S. 316.0895 . . .