Florida Statute 316.083 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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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 Citing Statute 316.083

Total Results: 18

Steven J. Pincus, etc. v. American Traffic Solutions, Inc., etc.

Court: Supreme Court of Florida | Date Filed: 2022-02-03

Snippet: steady red light signal, in violation of sections 316.0083, 316.074(1), and 316.075(1)(c)1, Florida Statutes

Luis Torres Jimenez v. State of Florida, etc.

Court: Supreme Court of Florida | Date Filed: 2018-05-03

Citation: 246 So. 3d 219

Snippet: ; § 316.0083(1)(a), Fla. Stat. (2014). In addition to this grant of authority, section 316.0083(1)(a)"does

City of Oldsmar v. Trinh

Court: District Court of Appeal of Florida | Date Filed: 2016-10-28

Citation: 210 So. 3d 191, 2016 Fla. App. LEXIS 16012

Snippet: questions are as follows: 1. DOES SECTION 316.0083(l)(a) AUTHORIZE A MUNICIPALITY TO CONTRACT WITH

State Ex Rel. City of Aventura v. Jimenez

Court: District Court of Appeal of Florida | Date Filed: 2016-07-27

Citation: 211 So. 3d 158, 2016 Fla. App. LEXIS 11373

Snippet: do so for the following reasons. First, section 316.0083 of the Florida Statutes authorizes, and provides

City of Fort Lauderdale v. June Dhar

Court: Supreme Court of Florida | Date Filed: 2016-02-25

Citation: 185 So. 3d 1232, 41 Fla. L. Weekly Supp. 61, 2016 Fla. LEXIS 393, 2016 WL 743287

Snippet: the district court held a provision in section 316.0083(1)(d)3., Florida Statutes (2012), known as the

Clark v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-05-29

Citation: 170 So. 3d 69, 2015 Fla. App. LEXIS 8188, 2015 WL 2458128

Snippet: issued a traffic citation pursuant to section 316.0083, Florida Statutes (2012), known as the Mark Wandall

City of Fort Lauderdale v. June Dhar

Court: District Court of Appeal of Florida | Date Filed: 2014-10-22

Citation: 154 So. 3d 366, 2014 Fla. App. LEXIS 17154

Snippet: dismissing a traffic citation on grounds that section 316.0083(l)(d)3., Florida Statutes (2012), of the Mark

City of Hollywood, a political subdivision of the State of Florida v. Eric Arem

Court: District Court of Appeal of Florida | Date Filed: 2014-10-15

Citation: 154 So. 3d 359, 2014 Fla. App. LEXIS 16790

Snippet: Procedure 9.160(d): 1. Does Florida Statute 316.0083(l)(a) authorize a municipality to delegate and

City of Fort Lauderdale v. Gonzalez

Court: District Court of Appeal of Florida | Date Filed: 2014-02-05

Citation: 134 So. 3d 1119, 2014 WL 444171, 2014 Fla. App. LEXIS 1452

Snippet: unconstitutional.1 We reverse and hold that section 316.0083(l)(e)l.c., Florida Statutes (2011), does not violate

State v. Arrington

Court: District Court of Appeal of Florida | Date Filed: 2012-07-25

Citation: 95 So. 3d 324, 2012 WL 3023203, 2012 Fla. App. LEXIS 12095

Snippet: offered the following rationale: Although [section] 316.0083[, Florida Statutes (2010) ] prohibits the exact

City of Orlando v. Udowychenko

Court: District Court of Appeal of Florida | Date Filed: 2012-07-06

Citation: 98 So. 3d 589, 2012 WL 2600293, 2012 Fla. App. LEXIS 10875

Snippet: and highways under their jurisdiction under s. 316.0083.” The Act implemented a statewide red light enforcement

Sunbelt Environmental, Inc. v. Gulf Coast Truck & Equipment Co.

Court: District Court of Appeal of Florida | Date Filed: 2012-03-19

Citation: 82 So. 3d 1196, 2012 Fla. App. LEXIS 4278, 2012 WL 896501

Snippet: negligent acts of Sunbelt's driver violated sections 316.083 and 316.185, Florida Statutes (2006), by failing

Ago

Court: Florida Attorney General Reports | Date Filed: 2010-08-26

Snippet: and highways under their jurisdiction under s. 316.0083. Only a municipality may install or authorize

Broward County v. Brooks Builders, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2005-07-27

Citation: 908 So. 2d 536, 2005 WL 1751626

Snippet: $266,128.92 3 08-21-00 $137,316.83 4 09-06-00 $143,008.58

In RE AMENDMENTS TO RULES REGULATING THE FLA. BAR-1-3.1 (A) AND RULES OF JUDICIAL ADMIN.-2.065 (LEGAL AID)

Court: Supreme Court of Florida | Date Filed: 1990-12-13

Citation: 573 So. 2d 800, 15 Fla. L. Weekly Supp. 651, 1990 Fla. LEXIS 1726, 1990 WL 207496

Snippet: 1979), appeal dismissed, 469 U.S. 925, 105 S.Ct. 316, 83 L.Ed.2d 254 (1984), and The Florida Bar: In re

State v. Lee

Court: Supreme Court of Florida | Date Filed: 1978-02-23

Citation: 356 So. 2d 276

Snippet: 316.0565, 316.057(9), 316.061, 316.081, 316.082, 316.083, 316.084, 316.085, 316.086, 316.087, 316.088, 316

Ago

Court: Florida Attorney General Reports | Date Filed: 1977-07-13

Snippet: 316.0565, 316.057(9), 316.061, 316.081, 316.082, 316.083, 316.084, 316.085, 316.086, 316.087, 316.088,

Atlantic Coast Line Railroad Co. v. Duval Cty.

Court: Supreme Court of Florida | Date Filed: 1934-03-09

Citation: 154 So. 331, 114 Fla. 254, 1934 Fla. LEXIS 1819

Snippet: W. R. Co. v. City of Connersville, 170 Ind. 316, 83 N.E. 503, affirmed218 U.S. 336, 31 Sup. Ct. Rep