Unsafe overtaking/passing
Florida Statute § 316.083
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
A driver overtaking same-direction traffic must signal appropriately, pass left at a safe distance, and return right only after safely clearing the other vehicle. When passing a bicycle, electric bicycle, or other nonmotorized vehicle in the same travel lane or a bicycle lane, allow at least 3 feet; if unsafe, stay behind until a safe pass is possible. The specified bicycle clearance provisions exclude separated bicycle lanes. The overtaken driver must yield right on the prescribed signal and must not accelerate until passed.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Passing
- Type
- Moving
- Civil / Criminal
- Civil
- Offense Classification
- Moving infraction
- Points
- 3
- Fine / Penalty
- $60 base moving penalty; speeding/enhanced-zone schedules may differ
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- No, generally
- NTA Eligible
- N/A — civil citation
- Custodial Arrest
- No — civil infraction (absent separate lawful basis)
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.