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Florida Statute 316.083 - Full Text and Legal Analysis
Florida Statute 316.083 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 316.083 Case Law from Google Scholar Google Search for Amendments to 316.083

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
316.083 Overtaking and passing a vehicle, a bicycle or other nonmotorized vehicle, or an electric bicycle.—The following rules shall govern the overtaking and passing of vehicles, bicycles and other nonmotorized vehicles, and electric bicycles, subject to those limitations, exceptions, and special rules hereinafter stated:
(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction must give an appropriate signal as provided for in s. 316.156, must pass to the left thereof at a safe distance, and must not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
(2) The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle or an electric bicycle occupying the same travel lane must pass the bicycle or other nonmotorized vehicle or electric bicycle at a safe distance of not less than 3 feet or, if such movement cannot be safely accomplished, must remain at a safe distance behind the bicycle or other nonmotorized vehicle or electric bicycle until the driver can safely pass at a distance of not less than 3 feet and must safely clear the overtaken bicycle or other nonmotorized vehicle or electric bicycle.
(3) The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle, or an electric bicycle, occupying a bicycle lane must pass the bicycle, other nonmotorized vehicle, or electric bicycle at a safe distance of not less than 3 feet between the vehicle and the bicycle, other nonmotorized vehicle, or electric bicycle.
(4) Subsections (2) and (3) do not apply when a bicycle or other nonmotorized vehicle, or an electric bicycle, occupies a separated bicycle lane.
(5) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle must give way to the right in favor of the overtaking vehicle, on audible signal or upon the visible blinking of the headlamps of the overtaking vehicle if such overtaking is being attempted at nighttime, and must not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.
(6) A person who violates this section commits a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
(7) The department must provide an annual awareness and safety campaign informing the public about the safety precautions to be taken when overtaking a bicycle or other nonmotorized vehicle or an electric bicycle.
History.—s. 1, ch. 71-135; s. 304, ch. 95-148; s. 107, ch. 99-248; s. 3, ch. 2005-164; s. 50, ch. 2006-290; s. 5, ch. 2020-69; s. 2, ch. 2021-180.

F.S. 316.083 on Google Scholar

F.S. 316.083 on CourtListener

Amendments to 316.083


Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.083
R or S next to points is Mandatory Revocation or Suspension

S316.083 (1) OVERTAKING AND PASSING A VEHICLE cutting in - Points on Drivers License: 3
S316.083 (1) Overtaking and passing Bicycle improper distance between - Points on Drivers License: 3
S316.083 (2) Overtaking and passing a vehicle - Failure to give right-of-way to overtaking vehicle - Points on Drivers License: 3

Cases Citing Statute 316.083

Total Results: 15  |  Sort by: Relevance  |  Newest First

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Parker v. Am. Traffic Solutions, Inc., 835 F.3d 1363 (11th Cir. 2016).

Cited 13 times | Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 16142, 2016 WL 4542719

Program (the “Wandall Act”), Florida Statutes § 316.0083. The Wandall Act authorizes the use of red-light
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City of Fort Lauderdale v. Gonzalez, 134 So. 3d 1119 (Fla. 4th DCA 2014).

Cited 3 times | Published | Florida 4th District Court of Appeal | 2014 WL 444171, 2014 Fla. App. LEXIS 1452

unconstitutional.1 We reverse and hold that section 316.0083(l)(e)l.c., Florida Statutes (2011), does not
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City of Fort Lauderdale v. June Dhar, 185 So. 3d 1232 (Fla. 2016).

Cited 2 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 61, 2016 Fla. LEXIS 393, 2016 WL 743287

decision, the district court held a provision in section 316.0083(1)(d)3., Florida Statutes (2012), known as
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City of Oldsmar v. Trinh, 210 So. 3d 191 (Fla. 2d DCA 2016).

Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 16012

certified questions are as follows: 1. DOES SECTION 316.0083(l)(a) AUTHORIZE A MUNICIPALITY TO CONTRACT
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City of Fort Lauderdale v. June Dhar, 154 So. 3d 366 (Fla. 4th DCA 2014).

Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 17154, 2014 WL 5343530

dismissing a traffic citation on grounds that section 316.0083(l)(d)3., Florida Statutes (2012), of the Mark
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City of Hollywood, a political subdivision of the State of Florida v. Eric Arem, 154 So. 3d 359 (Fla. 4th DCA 2014).

Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 16790, 2014 WL 5149159

Appellate Procedure 9.160(d): 1. Does Florida Statute 316.0083(l)(a) authorize a municipality to delegate
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Luis Torres Jimenez v. State of Florida, etc., 246 So. 3d 219 (Fla. 2018).

Published | Supreme Court of Florida

Fla.; § 316.0083(1)(a), Fla. Stat. (2014). In addition to this grant of authority, section 316.0083(1)(a)"does
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Clark v. State, 170 So. 3d 69 (Fla. 5th DCA 2015).

Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 8188, 2015 WL 2458128

separately issued a traffic citation pursuant to section 316.0083, Florida Statutes (2012), known as the Mark
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State Ex Rel. City of Aventura v. Jimenez, 211 So. 3d 158 (Fla. Dist. Ct. App. 2016).

Published | District Court of Appeal of Florida | 2016 Fla. App. LEXIS 11373

authority to use an agent to “review” images, section 316.0083(1)(a), Fla. Stat. (2014); (2) the Vendor had
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State v. Arrington, 95 So. 3d 324 (Fla. 4th DCA 2012).

Published | Florida 4th District Court of Appeal | 2012 WL 3023203, 2012 Fla. App. LEXIS 12095

offered the following rationale: Although [section] 316.0083[, Florida Statutes (2010) ] prohibits the
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Steven J. Pincus, etc. v. Am. Traffic Solutions, Inc., etc. (Fla. 2022).

Published | Supreme Court of Florida

finding: (1) ATS’s fee was not prohibited under section 316.0083(b)(4) because the fee was not a “commission”
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Steven J. Pincus v. Am. Traffic Solutions, Inc. (11th Cir. 2021).

Published | Court of Appeals for the Eleventh Circuit

an illegal commission under Florida Statutes § 316.0083(b)(4); (2) the fee was a prohibited surcharge
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Steven J. Pincus v. Am. Traffic Solutions, Inc. (11th Cir. 2022).

Published | Court of Appeals for the Eleventh Circuit

infraction detector” under Fla. Stat. § 316.0083(1)(b)(4)? b. Was the fee assessed under
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Christopher Parker v. City Of Apopka (11th Cir. 2016).

Published | Court of Appeals for the Eleventh Circuit

Program (the “Wandall Act”), Florida Statutes § 316.0083. The Wandall Act authorizes the use of red-light
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Ago (Fla. Att'y Gen. 2010).

Published | Florida Attorney General Reports

framework for enforcement of the act is provided. Section 316.0083(1)(b), Florida Statutes, provides that within

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.