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The 2025 Florida Statutes
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F.S. 316.083316.083 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.
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Annotations, Discussions, Cases:
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
Cases Citing Statute 316.083
Total Results: 15
835 F.3d 1363, 2016 U.S. App. LEXIS 16142, 2016 WL 4542719
Court of Appeals for the Eleventh Circuit | Filed: Aug 31, 2016 | Docket: 65662022
Cited 13 times | Published
Program (the “Wandall Act”), Florida Statutes § 316.0083. The Wandall Act authorizes the use of red-light
134 So. 3d 1119, 2014 WL 444171, 2014 Fla. App. LEXIS 1452
District Court of Appeal of Florida | Filed: Feb 5, 2014 | Docket: 60239036
Cited 3 times | Published
unconstitutional.1 We reverse and hold that section 316.0083(l)(e)l.c., Florida Statutes (2011), does not
185 So. 3d 1232, 41 Fla. L. Weekly Supp. 61, 2016 Fla. LEXIS 393, 2016 WL 743287
Supreme Court of Florida | Filed: Feb 25, 2016 | Docket: 3039160
Cited 2 times | Published
decision, the district court held a provision in section 316.0083(1)(d)3., Florida Statutes (2012), known as
Court of Appeals for the Eleventh Circuit | Filed: Feb 17, 2022 | Docket: 63032388
Published
infraction detector” under Fla. Stat.
§ 316.0083(1)(b)(4)?
b. Was the fee assessed under
Supreme Court of Florida | Filed: Feb 3, 2022 | Docket: 62649855
Published
finding: (1) ATS’s fee was not
prohibited under section 316.0083(b)(4) because the fee was not a
“commission”
Court of Appeals for the Eleventh Circuit | Filed: Feb 2, 2021 | Docket: 58973234
Published
an illegal commission under
Florida Statutes § 316.0083(b)(4); (2) the fee was a prohibited surcharge
246 So. 3d 219
Supreme Court of Florida | Filed: May 3, 2018 | Docket: 6384572
Published
Fla.; § 316.0083(1)(a), Fla. Stat. (2014). In addition to this grant of authority, section 316.0083(1)(a)"does
210 So. 3d 191, 2016 Fla. App. LEXIS 16012
District Court of Appeal of Florida | Filed: Oct 28, 2016 | Docket: 4483499
Published
certified questions are as follows:
1. DOES SECTION 316.0083(l)(a) AUTHORIZE A MUNICIPALITY TO CONTRACT
Court of Appeals for the Eleventh Circuit | Filed: Aug 31, 2016 | Docket: 4418272
Published
Program (the “Wandall Act”), Florida
Statutes § 316.0083. The Wandall Act authorizes the use of red-light
211 So. 3d 158, 2016 Fla. App. LEXIS 11373
District Court of Appeal of Florida | Filed: Jul 27, 2016 | Docket: 4114279
Published
authority to use an agent to “review” images,
section 316.0083(1)(a), Fla. Stat. (2014); (2) the Vendor had
170 So. 3d 69, 2015 Fla. App. LEXIS 8188, 2015 WL 2458128
District Court of Appeal of Florida | Filed: May 29, 2015 | Docket: 60249505
Published
separately issued a traffic citation pursuant to section 316.0083, Florida Statutes (2012), known as the Mark
154 So. 3d 366, 2014 Fla. App. LEXIS 17154, 2014 WL 5343530
District Court of Appeal of Florida | Filed: Oct 22, 2014 | Docket: 1419251
Published
dismissing a traffic citation on grounds that section 316.0083(l)(d)3., Florida Statutes (2012), of the Mark
154 So. 3d 359, 2014 Fla. App. LEXIS 16790, 2014 WL 5149159
District Court of Appeal of Florida | Filed: Oct 15, 2014 | Docket: 1447720
Published
Appellate Procedure 9.160(d):
1. Does Florida Statute 316.0083(l)(a) authorize a municipality to delegate
95 So. 3d 324, 2012 WL 3023203, 2012 Fla. App. LEXIS 12095
District Court of Appeal of Florida | Filed: Jul 25, 2012 | Docket: 60311185
Published
offered the following rationale:
Although [section] 316.0083[, Florida Statutes (2010) ] prohibits the
Florida Attorney General Reports | Filed: Aug 26, 2010 | Docket: 3255252
Published
framework for enforcement of the act is provided. Section 316.0083(1)(b), Florida Statutes, provides that within
