Florida Statutes
Fla. Stat. § 316.083 (2025)
Overtaking and passing a vehicle, a bicycle or other nonmotorized vehicle, or an electric bicycle.
✓ 2025 Florida Statutes — current through the 2025 Regular Session Cite as: Fla. Stat. § 316.083 (2025)
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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.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2021–2021 · leading case: Halmu v. Beck, Jr.
Halmu v. Beck, Jr. (2021)
“Defendant Beck should have known the provisions of Florida Statute § 316.083(1) which states that “[t]he driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between…”
— 316.083(1) — 1 case
Halmu v. Beck, Jr. (2021)
“Defendant Beck should have known the provisions of Florida Statute § 316.083(1) which states that “[t]he driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between…”
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