Florida Statutes

Fla. Stat. § 316.084 (2025)

When overtaking on the right is permitted.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar
316.084 When overtaking on the right is permitted.
(1) The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to make a left turn;
(b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving traffic in each direction;
(c) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
(2) The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.
(3) 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. 108, ch. 99-248.

Civil Citations under F.S. 316.084

Driver's license points · R = revocation · S = suspension
§316.084OVERTAKING ON RIGHT- driving off pavement3 pts
§316.084(1)Improper on right3 pts
§316.084(2)Improper passing on right- driving off pavement3 pts
Notes of Decisions
Cited in 2 cases, 2004–2007 · leading case: Florio v. Eng, 879 So. 2d 678 (Fla. 4th DCA 2004).
Florio v. Eng, 879 So. 2d 678 (Fla. 4th DCA 2004). · cites it 5× “Section 316.084, provides: (1) The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions: (a) When the vehicle overtaken is making or about to make a left turn; (b) Upon a street or highway with unobstructed pavement not…”
State v. Lebron, 954 So. 2d 52 (Fla. 5th DCA 2007). · cites it 3× “" Finally, the State pointed to section 316.084(2), Florida Statutes (2005), which provides that a driver of a vehicle may overtake and pass another vehicle on the right side only under conditions permitting such movement in safety.”
— 316.084(2) — 2 cases
State v. Lebron, 954 So. 2d 52 (Fla. 5th DCA 2007). “" Finally, the State pointed to section 316.084(2), Florida Statutes (2005), which provides that a driver of a vehicle may overtake and pass another vehicle on the right side only under conditions permitting such movement in safety.”
Florio v. Eng, 879 So. 2d 678 (Fla. 4th DCA 2004). “Section 316.084, provides: (1) The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions: (a) When the vehicle overtaken is making or about to make a left turn; (b) Upon a street or highway with unobstructed pavement not…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

This Florida statute resource is curated by the lawyer who curates this resource, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 316 matters in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.