Florida Statute 316.027 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.027

316.027 Crash involving death or personal injuries.—

(1) As used in this section, the term:

(a) “Serious bodily injury” means an injury to a person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

(b) “Vulnerable road user” means:

1. A pedestrian, including a person actually engaged in work upon a highway, or in work upon utility facilities along a highway, or engaged in the provision of emergency services within the right-of-way;

2. A person operating a bicycle, an electric bicycle, a motorcycle, a scooter, or a moped lawfully on the roadway;

3. A person riding an animal; or

4. A person lawfully operating on a public right-of-way, crosswalk, or shoulder of the roadway:

a. A farm tractor or similar vehicle designed primarily for farm use;

b. A skateboard, roller skates, or in-line skates;

c. A horse-drawn carriage;

d. An electric personal assistive mobility device; or

e. A wheelchair.

(2)(a) The driver of a vehicle involved in a crash occurring on public or private property which results in injury to a person other than serious bodily injury shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who willfully violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) The driver of a vehicle involved in a crash occurring on public or private property which results in serious bodily injury to a person shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who willfully violates this paragraph commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) The driver of a vehicle involved in a crash occurring on public or private property which results in the death of a person shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who is arrested for a violation of this paragraph and who has previously been convicted of a violation of this section, s. 316.061, s. 316.191, or s. 316.193, or a felony violation of s. 322.34, shall be held in custody until brought before the court for admittance to bail in accordance with chapter 903. A person who willfully violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and shall be sentenced to a mandatory minimum term of imprisonment of 4 years. A person who willfully commits such a violation while driving under the influence as set forth in s. 316.193(1) shall be sentenced to a mandatory minimum term of imprisonment of 4 years.

(d) Notwithstanding s. 775.089(1)(a), if the driver of a vehicle violates paragraph (a), paragraph (b), or paragraph (c), the court shall order the driver to make restitution to the victim for any damage or loss unless the court finds clear and compelling reasons not to order the restitution. Restitution may be monetary or nonmonetary restitution. The court shall make the payment of restitution a condition of probation in accordance with s. 948.03. An order requiring the defendant to make restitution to a victim does not remove or diminish the requirement that the court order payment to the Crimes Compensation Trust Fund under chapter 960. Payment of an award by the Crimes Compensation Trust Fund creates an order of restitution to the Crimes Compensation Trust Fund unless specifically waived in accordance with s. 775.089(1)(b).

(e) A driver who violates paragraph (a), paragraph (b), or paragraph (c) shall have his or her driver license revoked for at least 3 years as provided in s. 322.28(4).

1. A person convicted of violating paragraph (a), paragraph (b), or paragraph (c) shall, before his or her driving privilege may be reinstated, present to the department proof of completion of a victim’s impact panel session in a judicial circuit if such a panel exists, or if such a panel does not exist, a department-approved driver improvement course relating to the rights of vulnerable road users relative to vehicles on the roadway as provided in s. 322.0261(2).

2. The department may reinstate an offender’s driving privilege after he or she satisfies the 3-year revocation period as provided in s. 322.28(4) and successfully completes either a victim’s impact panel session or a department-approved driver improvement course relating to the rights of vulnerable road users relative to vehicles on the roadway as provided in s. 322.0261(2).

3. For purposes of this paragraph, an offender’s driving privilege may be reinstated only after the department verifies that the offender participated in and successfully completed a victim’s impact panel session or a department-approved driver improvement course.

(f) For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, an offense listed in this subsection is ranked one level above the ranking specified in s. 921.0022 or s. 921.0023 for the offense committed if the victim of the offense was a vulnerable road user.

(g) The defendant may move to depart from the mandatory minimum term of imprisonment prescribed in paragraph (c) unless the violation was committed while the defendant was driving under the influence. The state may object to this departure. The court may grant the motion only if it finds that a factor, consideration, or circumstance clearly demonstrates that imposing a mandatory minimum term of imprisonment would constitute or result in an injustice. The court shall state in open court the basis for granting the motion.

(3) The stops shall be made without unnecessarily obstructing traffic, and, if a damaged vehicle is obstructing traffic, the driver of the vehicle shall make every reasonable effort to move the vehicle or have it moved so as not to obstruct the regular flow of traffic. A person who fails to comply with this subsection shall be cited for a nonmoving violation, punishable as provided in chapter 318.

(4)(a) In addition to any other civil, criminal, or administrative penalty imposed, a person whose commission of a noncriminal traffic infraction or a violation of this chapter or s. 1006.66 causes or results in the death of another person may be required by the court to serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community service program operated by the trauma center or hospital.

(b) Notwithstanding paragraph (a), in addition to any other civil, criminal, or administrative penalty imposed, a person whose commission of a violation of s. 316.172(1)(a) or (b) causes or results in serious bodily injury to or death of another person shall be required by the court to:

1. Serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community service program operated by the trauma center or hospital.

2. Participate in a victim’s impact panel session in a judicial circuit if such a panel exists, or if such a panel does not exist, attend a department-approved driver improvement course relating to the rights of vulnerable road users relative to vehicles on the roadway as provided in s. 322.0261(2).

(5) This section does not apply to crashes occurring during a motorsports event, as defined in s. 549.10(1), or at a closed-course motorsport facility, as defined in s. 549.09(1).

History.—s. 1, ch. 71-135; s. 1, ch. 75-72; s. 5, ch. 76-31; s. 1, ch. 82-161; s. 51, ch. 89-282; s. 1, ch. 93-140; s. 9, ch. 94-306; s. 894, ch. 95-148; s. 5, ch. 96-350; s. 82, ch. 99-248; s. 956, ch. 2002-387; s. 2, ch. 2006-225; s. 2, ch. 2007-211; s. 2, ch. 2011-80; s. 2, ch. 2014-225; s. 2, ch. 2017-189; s. 83, ch. 2019-167; s. 4, ch. 2020-69; s. 4, ch. 2022-180.

F.S. 316.027 on Google Scholar

F.S. 316.027 on Casetext

Amendments to 316.027

Arrestable Offenses / Crimes under Fla. Stat. 316.027

Level: Degree
Misdemeanor/Felony: First/Second/Third

S316.027 1a - HIT AND RUN - RENUMBERED. SEE REC # 7645 - F: T

S316.027 1b - HIT AND RUN - PENALTY INCREASED. SEE REC# 6057 - F: S

S316.027 1b - HIT AND RUN - RENUMBERED. SEE REC # 7646 - F: F

S316.027 2a - HIT AND RUN - FAIL STOP REM CRSH INV INJ OTH THN SER BOD INJ - F: T

S316.027 2b - HIT AND RUN - FAIL TO STOP REMAIN AT CRASH INV SER BOD INJ - F: S

S316.027 2c - HIT AND RUN - FAIL TO STOP REMAIN AT CRASH INVOLVE DEATH - F: F

Civil Citations / Citable Offenses under S316.027

R or S next to points is Mandatory Revocation or Suspension

S316.027 (1) CRASH - Leaving scene on public or private property without rendering aid (involving death/injury) [See 316.027(2)] (FELONY) - Points on Drivers License: 0 R

S316.027 (1)(a) CRASH - Leaving scene on public or private property without rendering aid (involving injury) (FELONY) - Points on Drivers License: 0 R

S316.027 (1)(b) CRASH - Leaving scene on public or private property without rendering aid (involving death) (FELONY) - Points on Drivers License: 0 R

S316.027 (3) CRASH- Fail to remove obstructing vehicle (involving death/injury) - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases Citing Statute 316.027

Total Results: 20

SHAUN WYRICH v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-09-01

Snippet: without rendering aid in violation of section 316.027(2)(c), Florida Statutes (2020). He was also sentenced

JESUS G. GONSALEZ vs STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-04-21

Snippet: an accident with only property damage. See §§ 316.027(2)(b), .061(1), Fla. Stat. (2016). Ground 3 fully

JILLIAN SCHAEFER vs STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-06-17

Snippet: jeopardy issue in the trial 1 See § 316.027(2)(c), Fla. Stat. (2019) (leaving scene of crash

State of Florida v. Deontae Palinski Johnson

Court: Supreme Court of Florida | Date Filed: 2022-03-17

Snippet: question about the interpretation of section 316.027, Florida Statutes (2021), a provision titled “Crash

Deontae Palinski Johnson v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2020-09-14

Snippet: under section 316.027(2)(c) must stand, while the two convictions based on section 316.027(2)(a) must be

Kenneth Lee Manhard v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-10-01

Snippet: 454, 457 (Fla. 1st DCA 1992). Under section 316.027, Florida Statutes, to prove that the driver of

HARVEY L. LINEN v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-03-29

Citation: 268 So. 3d 874

Snippet: violating sections 316.027(2)(a) and 316.061(1), Florida Statutes (2015). Section 316.027(2)(a) provides

GEORGE GOMILLION v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-03-20

Citation: 267 So. 3d 502

Snippet: count of leaving the scene of an accident, see § 316.027(2)(a), Fla. Stat. (2016), and one count of carelessly

Howitt v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-02-08

Citation: 266 So. 3d 219

Snippet: JACOBUS, B.W., Senior Judge, concur. Sections 316.027(2)(c), 316.193(3)(c)1., and 316.193(3)(c)3.a.,

Howitt v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-02-08

Citation: 266 So. 3d 219

Snippet: JACOBUS, B.W., Senior Judge, concur. Sections 316.027(2)(c), 316.193(3)(c)1., and 316.193(3)(c)3.a.,

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-09.

Court: Supreme Court of Florida | Date Filed: 2019-01-04

Citation: 262 So. 3d 59

Snippet: death as part of violating *61 § 316.027, Fla. Stat. § 921.0021 (7)(e)

Taylor M. Edwards v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-10-08

Citation: 254 So. 3d 1195

Snippet: 1123, 1128 (Fla. 2016) (holding that section 316.027’s operative phrase “‘any vehicle involved in a

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-05.

Court: Supreme Court of Florida | Date Filed: 2018-02-08

Citation: 236 So. 3d 244

Snippet: [DEATH] [SERIOUS BODILY INJURY] [INJURY] § 316.027(2), Fla. Stat.; § 316.062, Fla. Stat.

McCullough v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-11-08

Citation: 230 So. 3d 586

Snippet: and driving with a suspended license. See §§ 316,027(2)(c), .1935(3)(b), 322.34, 782.071(1)(a), 812

Billy Joe Pitts v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2017-08-10

Citation: 227 So. 3d 674

Snippet: an accident involving death commits a felony. § 316.027(2)(c), Fla. Stat. (2014). A driver is not guilty

JOHN GOODMAN v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2017-07-26

Citation: 229 So. 3d 366

Snippet: element under Florida’s hit-and-run statute, section 316.027, Florida Statutes (2010). We, however, conclude

David J. Prestano v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-02-17

Citation: 210 So. 3d 772, 2017 WL 651807, 2017 Fla. App. LEXIS 2162

Snippet: the crime of leaving the scene. See § 316.027(l)(b), Fla. Stat. (2012); Martin v. State, 323

Joseph W. Daugherty v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-12-22

Citation: 207 So. 3d 980, 2016 Fla. App. LEXIS 18785

Snippet: leaving the scene of a crash involving death. See § 316.027(2)(c), Fla. Stat. (2012). Because the trial court

Williams v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-10-26

Citation: 208 So. 3d 196, 2016 Fla. App. LEXIS 15884

Snippet: the scene of an accident, contrary to section 316.027(l)(b) of the Florida Statutes (2013). For

Jacob Thomas Gaulden v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2016-07-07

Citation: 195 So. 3d 1123, 41 Fla. L. Weekly Supp. 327, 2016 Fla. LEXIS 1421

Snippet: crash” in Florida’s hit-and-run statute, section 316.027, Florida Statutes (2010). Having concluded that