Florida Statute 316.85 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 316.085

Annotations, Discussions, Cases:

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

Cases Citing Statute 316.085

Total Results: 11

United States v. Dwayne Berman Cooper

133 F.3d 1394

Court of Appeals for the Eleventh Circuit | Filed: Apr 1, 1998 | Docket: 1113973

Cited 67 times | Published

approaching from the same direction.” Fla. Stat. § 316.085(2) (1995). Upon due consideration of the record

Fleetwood Homes of Florida, Inc. v. Reeves

833 So. 2d 857, 2002 WL 31875183

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1259184

Cited 10 times | Published

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

Hunter v. Ward

812 So. 2d 601, 2002 WL 518537

District Court of Appeal of Florida | Filed: Apr 8, 2002 | Docket: 1364096

Cited 6 times | Published

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

Eden v. Food Fair Stores, Inc.

330 So. 2d 540

District Court of Appeal of Florida | Filed: Apr 20, 1976 | Docket: 1774672

Cited 1 times | Published

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

EMMA GRIFFIN v. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS

District Court of Appeal of Florida | Filed: May 20, 2020 | Docket: 17178724

Published

summary judgment based upon the application of section 316.0085(4), Florida Statutes (2017), and Casserly

JOHN CASSERLY v. THE CITY OF DELRAY BEACH

228 So. 3d 135, 2017 WL 4280599

District Court of Appeal of Florida | Filed: Sep 27, 2017 | Docket: 6159007

Published

which prohibits skaters on public roads, and section 316.0085, Florida Statutes (2014), which limits a governmental

United States v. Smith

772 F.3d 680, 2014 WL 6725819

Court of Appeals for the Eleventh Circuit | Filed: Nov 24, 2014 | Docket: 65660898

Published

be made available for playing paintball. Id. § 316.0085(1). The panel acknowledges that the title and

United States v. Cooper

Court of Appeals for the Eleventh Circuit | Filed: Jan 26, 1998 | Docket: 211863

Published

approaching from the same direction. Fla. Stat. § 316.085(2) (1995). 4 Consent is one of many factual

United States v. Cooper

Court of Appeals for the Eleventh Circuit | Filed: Jan 26, 1998 | Docket: 211864

Published

approaching from the same direction. Fla. Stat. § 316.085(2) (1995).

Woodard v. Barkley

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

District Court of Appeal of Florida | Filed: Apr 20, 1988 | Docket: 64634214

Published

trial court properly instructed the jury on section 316.-085(2), Florida Statutes (1985), entitled “Limitations

Lindsey v. Johnson

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

District Court of Appeal of Florida | Filed: May 28, 1982 | Docket: 64590688

Published

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