Florida Statute 316.085 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.085

316.085 Limitations on overtaking, passing, changing lanes and changing course.—

(1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of this chapter and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction of any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and, in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any approaching vehicle.

(2) No vehicle shall be driven from a direct course in any lane on any highway until the driver has determined that the vehicle is not being approached or passed by any other vehicle in the lane or on the side to which the driver desires to move and that the move can be completely made with safety and without interfering with the safe operation of any vehicle approaching from the same direction.

(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. 109, ch. 99-248.

F.S. 316.085 on Google Scholar

F.S. 316.085 on Casetext

Amendments to 316.085

Arrestable Offenses / Crimes under Fla. Stat. 316.085

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.085.

Civil Citations / Citable Offenses under S316.085

R or S next to points is Mandatory Revocation or Suspension

S316.085 (1) IMPROPER-CHANGE-OF-LANE, passing when meeting oncoming vehicle - Points on Drivers License: 3

S316.085 (2) IMPROPER-CHANGE-OF-LANE, pulling out in front of vehicle going in same direction - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases Citing Statute 316.085

Total Results: 11

EMMA GRIFFIN v. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS

Court: Fla. Dist. Ct. App. | Date Filed: 2020-05-20T00:53:00-07:00

Snippet: pursuant to section 316.0085, the County was immune from liability. Section 316.0085(4) provides: …judgment based upon the application of section 316.0085(4), Florida Statutes (2017), and Casserly v. City…various defenses, but it did not raise section 316.0085(4), Florida Statutes (2017), as an affirmative…hearing, “Also, as it relates to this statute [316.0085], this statute was not raised by Defendant, Palm

JOHN CASSERLY v. THE CITY OF DELRAY BEACH

Court: Fla. Dist. Ct. App. | Date Filed: 2017-09-27T00:00:00-07:00

Citation: 228 So. 3d 135, 2017 WL 4280599

Snippet: the City violated, section 316.0085 absolves it of liability. Section 316.0085, of Florida Uniform Traffic… from liability under section 316.0085. Further, under section 316.0085(7)(a), the participant assumes…prohibits skaters on public roads, and section 316.0085, Florida Statutes (2014), which limits a governmental… The City moved to dismiss based upon sections 316.0085 and 316.2065, Florida Statutes. It argued that… who are rollerblading, recognizing in section 316.0085(7) that rol-lerbladers assume all known and unknown

Fleetwood Homes of Florida, Inc. v. Reeves

Court: Fla. Dist. Ct. App. | Date Filed: 2002-12-26T23:53:00-08:00

Citation: 833 So. 2d 857

Snippet: mock emergencies to train emergency personnel); § 316.0085, Fla. Stat. (2001) (when government provides skateboarding

Hunter v. Ward

Court: Fla. Dist. Ct. App. | Date Filed: 2002-04-08T00:00:00-07:00

Citation: 812 So. 2d 601

Snippet: traffic behind him in the left lane, see section 316.085(2), Florida Statutes (2000); that before he changed

Woodard v. Barkley

Court: Fla. Dist. Ct. App. | Date Filed: 1988-04-20T00:00:00-07:00

Citation: 523 So. 2d 777, 13 Fla. L. Weekly 990, 1988 Fla. App. LEXIS 1663, 1988 WL 36053

Snippet: court properly instructed the jury on section 316.-085(2), Florida Statutes (1985), entitled “Limitations…thrust of the appellants’ argument is that section 316.085(2) is not applicable to a situation in which a …The trial court instructed the jury on section 316.-085(2), Florida Statutes. When the jury returned with…A.C.J., and SCHOONOVER, J., concur. . Section 316.085(2) provides that: No vehicle shall be driven from

Ryder Truck Rental, Inc. v. Johnson

Court: Fla. Dist. Ct. App. | Date Filed: 1985-04-10T23:53:00-08:00

Citation: 466 So. 2d 1240

Snippet: Florida traffic statutes, Sections 316.081(2) and 316.085(2), Florida Statutes, was also error. A party is

Lindsey v. Johnson

Court: Fla. Dist. Ct. App. | Date Filed: 1982-05-28T00:00:00-07:00

Citation: 415 So. 2d 778, 1982 Fla. App. LEXIS 20152

Snippet: under the circumstances existing; (2) that Section 316.085(2) provides that a vehicle shall not be driven

State v. Lee

Court: Fla. | Date Filed: 1978-02-22T23:53:00-08:00

Citation: 356 So. 2d 276

Snippet: , 316.061, 316.081, 316.082, 316.083, 316.084, 316.085, 316.086, 316.087, 316.088, 316.089, 316.090, 316.091

Pasco Cty. Sch. Bd. v. Florida Public Emp. Rel. Comm.

Court: Fla. Dist. Ct. App. | Date Filed: 1977-11-15T23:53:00-08:00

Citation: 353 So. 2d 108

Snippet: American Ship Building v. Labor Board, 380 U.S. 300, 316, 85 S.Ct. 955, 13 L.Ed.2d 855 (1964). Such deference

Ago

Court: Fla. Att'y Gen. | Date Filed: 1977-07-13T00:53:00-07:00

Snippet: 316.061, 316.081, 316.082, 316.083, 316.084, 316.085, 316.086, 316.087, 316.088, 316.089, 316.090,

Eden v. Food Fair Stores, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1976-04-19T23:53:00-08:00

Citation: 330 So. 2d 540

Snippet: refusal of a requested instruction on Fla. Stat. § 316.085(2), which imposes restrictions upon a driver changing