Florida Statutes

Fla. Stat. § 316.0895 (2025)

Following too closely.

✓ 2025 Florida Statutes — current through the 2025 Regular Session Cite as: Fla. Stat. § 316.0895 (2025)

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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.

Notes of Decisions

Cited in 17 cases (2 in the last 5 years), 1984–2022 · leading case: Clampitt v. DJ Spencer Sales

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Clampitt v. DJ Spencer Sales (2001) fla · cites it 2× “[8] See section 316.0895(1), Florida Statutes (1993), which provides in relevant part: 316.”

Velez v. State (1989) fladistctapp · cites it 5× “This case is another vivid illustration of the difficulties imposed upon a judiciary seeking to fill the void left by "a legislative abdication of responsibility in the area of curtailing drug trafficking on the arterial highways of Florida." Cresswell v. State, 524 So.2d 685…”

Eppler v. Tarmac America, Inc. (2000) fla · cites it 2× “" § 316.0895(1), Fla. Stat. (1997). [11] Because there was a question of the plaintiff's comparative negligence, the directed verdict should only have been on negligence and not as to liability.”

Earle v. State (1999) fladistctapp · cites it 2× “Deputy Robert Kohl stopped the car on Interstate 95 for the traffic infraction of following too closely, contrary to section 316.0895(1), Florida Statutes (1999).”

Hammond v. Jim Hinton Oil Co., Inc. (1988) fladistctapp · cites it 2× “Appellants argue that even though the court gave an instruction on following too closely pursuant to § 316.0895(1), they were prejudiced by the court's failure to give an instruction on careless driving, given appellees' arguments that the following too closely statute was…”

Porcher v. State (1989) fladistctapp · cites it 2× “§ 316.0895, Fla. Stat. (1987). He radioed Deputy Rischito this information but he did not know why Deputy Rischito stopped the car.”

Salazar v. Santos (Harry) & Co., Inc. (1989) fladistctapp · cites it 2× “1st DCA 1968); § 316.0895 Fla. Stat. (1987). As to the issue of legal causation, the jury had before it evidence that either impact could have caused death and that the death was in fact caused by both impacts.”

Mickell v. State (2010) fladistctapp · cites it 2× “See § 316.0895(1), Fla. Stat. (2008). Mickell was the driver of the car.”

Robinson v. Gerard (1993) fladistctapp “11: Florida Statute § 316.0895 FOLLOWING TOO CLOSELY states: "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 conditions of, the highway.”

Jones v. Jones (2020) flmd · cites it 5× “See Fla. Stat. § 316.0895 (1); see also Clampitt, 786 So.”

Friedson v. Shoar (2020) flmd · cites it 2× “Wallace avers that Friedson followed his marked patrol vehicle too closely in violation of Florida statute § 316.0895. (Doc. 25-2 ¶ 4); § 316.0895(1), Fla.”

Matthew Friedson v. Sheriff David Shoar (2021) ca11 “See Fla. Stat. § 316.0895 (1). When Deputy Wallace approached Friedson’s vehicle, things became chaotic.”

Show all 17 citing cases →

— 316.0895(1) — 8 cases

Clampitt v. DJ Spencer Sales (2001) fla “[8] See section 316.0895(1), Florida Statutes (1993), which provides in relevant part: 316.”

Eppler v. Tarmac America, Inc. (2000) fla “" § 316.0895(1), Fla. Stat. (1997). [11] Because there was a question of the plaintiff's comparative negligence, the directed verdict should only have been on negligence and not as to liability.”

Earle v. State (1999) fladistctapp “Deputy Robert Kohl stopped the car on Interstate 95 for the traffic infraction of following too closely, contrary to section 316.0895(1), Florida Statutes (1999).”

Hammond v. Jim Hinton Oil Co., Inc. (1988) fladistctapp “Appellants argue that even though the court gave an instruction on following too closely pursuant to § 316.0895(1), they were prejudiced by the court's failure to give an instruction on careless driving, given appellees' arguments that the following too closely statute was…”

Mickell v. State (2010) fladistctapp “See § 316.0895(1), Fla. Stat. (2008). Mickell was the driver of the car.”

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