Florida Statute 316.0895 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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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.

F.S. 316.0895 on Google Scholar

F.S. 316.0895 on CourtListener

Amendments to 316.0895

Annotations, Discussions, Cases:

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

Cases Citing Statute 316.0895

Total Results: 13

United States v. Albert Lee Purcell, Shon Purcell

236 F.3d 1274

Court of Appeals for the Eleventh Circuit | Filed: Jan 16, 2001 | Docket: 616248

Cited 201 times | Published

They are not contested. 2 . Section 316.0895 of the Florida Statutes provides that "[t]he

Clampitt v. DJ Spencer Sales

786 So. 2d 570, 26 Fla. L. Weekly Supp. 309, 2001 Fla. LEXIS 963, 2001 WL 490920

Supreme Court of Florida | Filed: May 10, 2001 | Docket: 1681857

Cited 20 times | Published

2d at 714-15 (citation omitted). [8] See section 316.0895(1), Florida Statutes (1993), which provides

Eppler v. Tarmac America, Inc.

752 So. 2d 592, 25 Fla. L. Weekly Supp. 133, 2000 Fla. LEXIS 90, 2000 WL 185495

Supreme Court of Florida | Filed: Feb 17, 2000 | Docket: 1280000

Cited 16 times | Published

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

Earle v. State

745 So. 2d 1087, 1999 WL 1062521

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 1689222

Cited 13 times | Published

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

Hammond v. Jim Hinton Oil Co., Inc.

530 So. 2d 995, 1988 WL 86355

District Court of Appeal of Florida | Filed: Aug 22, 1988 | Docket: 1268136

Cited 8 times | Published

instruction on following too closely pursuant to § 316.0895(1), they were prejudiced by the court's failure

Velez v. State

554 So. 2d 545, 1989 WL 139516

District Court of Appeal of Florida | Filed: Nov 22, 1989 | Docket: 1318843

Cited 5 times | Published

too closely, a minor traffic violation under section 316.0895.[1] He testified he observed the vehicle driving

Porcher v. State

538 So. 2d 1278, 1989 WL 4299

District Court of Appeal of Florida | Filed: Jan 26, 1989 | Docket: 1517087

Cited 5 times | Published

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

Robinson v. Gerard

611 So. 2d 605, 1993 WL 2972

District Court of Appeal of Florida | Filed: Jan 11, 1993 | Docket: 1680599

Cited 3 times | Published

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

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

537 So. 2d 1048, 1989 WL 2022

District Court of Appeal of Florida | Filed: Jan 17, 1989 | Docket: 1522623

Cited 2 times | Published

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

Mickell v. State

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

District Court of Appeal of Florida | Filed: Jul 28, 2010 | Docket: 2398360

Cited 1 times | Published

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

United States v. Albert Lee Purcell

Court of Appeals for the Eleventh Circuit | Filed: Jan 4, 2001 | Docket: 334097

Published

They are not contested. 2 Section 316.0895 of the Florida Statutes provides that “[t]he

United States v. Albert Lee Purcell

Court of Appeals for the Eleventh Circuit | Filed: Jan 4, 2001 | Docket: 1118808

Published

suppress. They are not contested. 2 Section 316.0895 of the Florida Statutes provides that "[t]he

Price v. McClain

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

District Court of Appeal of Florida | Filed: Mar 6, 1986 | Docket: 64618035

Published

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

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.