Florida Statutes

Fla. Stat. § 316.0895 (2025)

Following too closely.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.

Civil Citations under F.S. 316.0895

Driver's license points · R = revocation · S = suspension
§316.0895FOLLOWING TOO CLOSELY3 pts
§316.0895(1)Following to closely3 pts
§316.0895(2)Following too closely with Tow/Truck3 pts
§316.0895(3)Follow Motorcade too close3 pts
Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1984–2022 · leading case: Clampitt v. DJ Spencer Sales, 786 So. 2d 570 (Fla. 2001).
Clampitt v. DJ Spencer Sales, 786 So. 2d 570 (Fla. 2001). · cites it 2× “[8] See section 316.0895(1), Florida Statutes (1993), which provides in relevant part: 316.”
Velez v. State, 554 So. 2d 545 (Fla. 5th DCA 1989). · 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 Am., Inc., 752 So. 2d 592 (Fla. 2000). · 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, 745 So. 2d 1087 (Fla. 4th DCA 1999). · 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., 530 So. 2d 995 (Fla. 1st DCA 1988). · 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, 538 So. 2d 1278 (Fla. 5th DCA 1989). · 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., 537 So. 2d 1048 (Fla. 3d DCA 1989). · 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, 41 So. 3d 960 (Fla. 4th DCA 2010). · cites it 2× “See § 316.0895(1), Fla. Stat. (2008). Mickell was the driver of the car.”
Robinson v. Gerard, 611 So. 2d 605 (Fla. 1st DCA 1993). “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 (M.D. Fla. 2020). · cites it 5× “See Fla. Stat. § 316.0895 (1); see also Clampitt, 786 So.”
Friedson v. Shoar (M.D. Fla. 2020). · 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 (11th Cir. 2021). “See Fla. Stat. § 316.0895 (1). When Deputy Wallace approached Friedson’s vehicle, things became chaotic.”
— 316.0895(1) — 8 cases
Clampitt v. DJ Spencer Sales, 786 So. 2d 570 (Fla. 2001). “[8] See section 316.0895(1), Florida Statutes (1993), which provides in relevant part: 316.”
Eppler v. Tarmac Am., Inc., 752 So. 2d 592 (Fla. 2000). “" § 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, 745 So. 2d 1087 (Fla. 4th DCA 1999). “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., 530 So. 2d 995 (Fla. 1st DCA 1988). “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, 41 So. 3d 960 (Fla. 4th DCA 2010). “See § 316.0895(1), Fla. Stat. (2008). Mickell was the driver of the car.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

This Florida statute resource is curated by the lawyer who curates this resource, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 316 matters in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.