Florida Statute 316.0895 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.0895

316.0895 Following too closely.—

(1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway.

(2) It is unlawful for the driver of any motor truck, motor truck drawing another vehicle, or vehicle towing another vehicle or trailer, when traveling upon a roadway outside of a business or residence district, to follow within 300 feet of another motor truck, motor truck drawing another vehicle, or vehicle towing another vehicle or trailer. The provisions of this subsection shall not be construed to prevent overtaking and passing nor shall the same apply upon any lane specially designated for use by motor trucks or other slow-moving vehicles.

(3) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.

(4) 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. 1, ch. 76-31; s. 114, ch. 99-248.

Note.—Former s. 316.092.

F.S. 316.0895 on Google Scholar

F.S. 316.0895 on Casetext

Amendments to 316.0895

Arrestable Offenses / Crimes under Fla. Stat. 316.0895

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.0895.

Civil Citations / Citable Offenses under S316.0895

R or S next to points is Mandatory Revocation or Suspension

S316.0895 FOLLOWING TOO CLOSELY - Points on Drivers License: 3

S316.0895 (1) Following to closely - Points on Drivers License: 3

S316.0895 (2) Following too closely with Tow/Truck - Points on Drivers License: 3

S316.0895 (3) Follow Motorcade too close - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases Citing Statute 316.0895

Total Results: 10

Mickell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-28T00:00:00-07:00

Citation: 41 So. 3d 960, 2010 Fla. App. LEXIS 10845, 2010 WL 2925351

Snippet: the infraction of following too closely. See § 316.0895(1), Fla. Stat. (2008). Mickell was the driver

Clampitt v. DJ Spencer Sales

Court: Fla. | Date Filed: 2001-05-10T00:00:00-07:00

Citation: 786 So. 2d 570

Snippet: See section 316.0895(1), Florida Statutes (1993), which provides in relevant part: 316.0895 Following

Eppler v. Tarmac America, Inc.

Court: Fla. | Date Filed: 2000-02-17T00:00:00-08:00

Citation: 752 So. 2d 592

Snippet: upon, and the condition of, the highway." § 316.0895(1), Fla. Stat. (1997). [11] Because there was

Earle v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-11-23T23:53:00-08:00

Citation: 745 So. 2d 1087

Snippet: of following too closely, contrary to section 316.0895(1), Florida Statutes (1999). Earle sat in the

Robinson v. Gerard

Court: Fla. Dist. Ct. App. | Date Filed: 1993-01-10T23:53:00-08:00

Citation: 611 So. 2d 605

Snippet: Jury Instruction (Civil) 4.11: Florida Statute § 316.0895 FOLLOWING TOO CLOSELY states: "The driver

Velez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1989-11-21T23:53:00-08:00

Citation: 554 So. 2d 545

Snippet: closely, a minor traffic violation under section 316.0895.[1] He testified he observed the vehicle driving…behind another vehicle in violation of section 316.0895. He pulled the car to the side of the road, and…stopped this vehicle, and on these facts, section 316.0895 affords no basis upon which to justify the stop… I am compelled to dissent. NOTES [1] Section 316.0895, Florida Statutes (1985) provides in pertinent

Porcher v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1989-01-25T23:53:00-08:00

Citation: 538 So. 2d 1278

Snippet: , which would have justified a traffic stop. § 316.0895, Fla. Stat. (1987). He radioed Deputy Rischito

Salazar v. Santos (Harry) & Co., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1989-01-16T23:53:00-08:00

Citation: 537 So. 2d 1048

Snippet: v. Johns, 205 So.2d 711 (Fla. 1st DCA 1968); § 316.0895 Fla. Stat. (1987). As to the issue of legal causation

Hammond v. Jim Hinton Oil Co., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1988-08-22T00:00:00-07:00

Citation: 530 So. 2d 995

Snippet: instruction on following too closely pursuant to § 316.0895(1), they were prejudiced by the court's failure…instruction on following too closely contained in § 316.0895(1)]" (T. 387). The trial court's refusal

Price v. McClain

Court: Fla. Dist. Ct. App. | Date Filed: 1986-03-06T00:00:00-08:00

Citation: 484 So. 2d 1316, 11 Fla. L. Weekly 592, 1986 Fla. App. LEXIS 6700

Snippet: conditions. This is a clear violation of section 316.0895, Florida Statutes (1983), and constitutes negligence