Florida Statute 316.061 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.061

316.061 Crashes involving damage to vehicle or property.—

(1) The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible, and shall forthwith return to, and in every event shall remain at, the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Notwithstanding any other provision of this section, $5 shall be added to a fine imposed pursuant to this section, which $5 shall be deposited in the Emergency Medical Services Trust Fund.

(2) Every stop must be made without obstructing traffic more than is necessary, and, if a damaged vehicle is obstructing traffic, the driver of such vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic. Any person failing to comply with this subsection shall be cited for a nonmoving violation, punishable as provided in chapter 318.

(3) Employees or authorized agents of the Department of Transportation, law enforcement with proper jurisdiction, or an expressway authority created pursuant to chapter 348, in the exercise, management, control, and maintenance of its highway system, may undertake the removal from the main traveled way of roads on its highway system of all vehicles incapacitated as a result of a motor vehicle crash and of debris caused thereby. Such removal is applicable when such a motor vehicle crash results only in damage to a vehicle or other property, and when such removal can be accomplished safely and will result in the improved safety or convenience of travel upon the road. The driver or any other person who has removed a motor vehicle from the main traveled way of the road as provided in this section shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle.

History.—s. 1, ch. 71-135; s. 3, ch. 74-377; s. 2, ch. 75-72; s. 9, ch. 76-31; s. 22, ch. 85-167; s. 3, ch. 85-337; s. 30, ch. 92-78; s. 296, ch. 95-148; s. 6, ch. 96-350; s. 83, ch. 99-248; s. 3, ch. 2002-235.

F.S. 316.061 on Google Scholar

F.S. 316.061 on Casetext

Amendments to 316.061

Arrestable Offenses / Crimes under Fla. Stat. 316.061

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

S316.061 - HIT AND RUN - LEAVE SCENE OF CRASH INVOLVE DAMAGE TO PROP - M: S

S316.061 1 - HIT AND RUN - LEAVE SCENE OF CRASH INVOLVE DAMAGE TO PROP - M: S

Civil Citations / Citable Offenses under S316.061

R or S next to points is Mandatory Revocation or Suspension

S316.061 (1) CRASH - Leaving scene without giving information more than $50 damage (specify amount) - Points on Drivers License: 6

S316.061 (1) CRASH - Leaving scene without giving information $50 or less (specify amount) - Points on Drivers License: 0

S316.061 (2) CRASH - Fail to remove obstructing ATTENDED vehicle -property damage - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases Citing Statute 316.061

Total Results: 20

STEVEN J. WOODBURY v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-09-04T00:53:00-07:00

Snippet: accident with property damage pursuant to section 316.061(1), Florida Statutes (2017). The court sentenced

ROBERT BRELAND v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-15T00:53:00-07:00

Snippet: he hit while fleeing from the police. Section 316.061(1), Florida Statutes, defines the crime of leaving…fulfilled the requirements of s. 316.062. § 316.061(1), Fla. Stat. (2018). The statute speaks in terms… crash involving property damage under section 316.061 violate double jeopardy. However, Yeye is not controlling… count for each car. Id. We ruled that section 316.061(1) “does not reveal an intent on the part of the…prosecution” under a statute similar to section 316.061(1) “is not the number of victims, but the number

HARVEY L. LINEN v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-29T00:53:00-07:00

Snippet: guilty of violating sections 316.027(2)(a) and 316.061(1), Florida Statutes (2015). Section 316.027(2)… 775.083, or s. 775.084. And section 316.061(1) provides: The driver of any vehicle…charge. But because the plain language of section 316.061(1) allows for a conviction under that section when…necessarily negates that required element of section 316.061(1); in other words, if the crash resulted in physical

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

Court: Fla. | Date Filed: 2019-01-04T00:00:00-08:00

Citation: 262 So. 3d 59

Snippet: AN ATTENDED VEHICLE OR ATTENDED PROPERTY § 316.061(1), Fla. Stat. To prove the crime of Leaving…DAMAGE TO AN ATTENDED VEHICLE OR ATTENDED PROPERTY-316.061(1) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO…dealing with § 316.027, Fla. Stat., which, unlike § 316.061, Fla. Stat., contains an explicit willfulness requirement…Bodily Injury or Death) § 316.1935(4)(b) and § 316.061, Fla. Stat. To prove the crime of Aggravated…Serious Bodily Injury or Death) - 316.1935(4)(b) and 316.061 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Aggravated

JOHNTAY AMOS DORTCH v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-13T00:53:00-07:00

Snippet: identified in the operative information. See § 316.061(1), Fla. Stat. (2015). The State appropriately

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

Court: Fla. | Date Filed: 2018-02-08T00:00:00-08:00

Citation: 236 So. 3d 244

Snippet: ATTENDED VEHICLE OR ATTENDED PROPERTY § 316.061(1), Fla. Stat. To prove the crime of Leaving… TO AN ATTENDED VEHICLE OR ATTENDED PROPERTY - 316.061(1) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO…dealing with § 316.027, Fla. Stat., which, unlike § 316.061, Fla. Stat., contains an explicit willfulness requirement…Injury or Death) § 316.1935(4)(b) and § 316.061, Fla. Stat. To prove the crime of Aggravated…Serious Bodily Injury or Death) - 316.1935(4)(b) and 316.061 CATEGORY ONE CATEGORY TWO FLA.STAT. INS. NO. Aggravated

J.J.J. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-12-27T00:00:00-08:00

Citation: 235 So. 3d 1014

Snippet: offense of leaving the scene of an accident. See § 316.061(1), Fla. Stat. (2014). . Subsequently, the court

Clark v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-04T00:00:00-08:00

Citation: 207 So. 3d 1019, 2017 Fla. App. LEXIS 58

Snippet: resulting in property damage in violation of section 316.061(1), Florida Statutes (2013). At trial, a deputy

Trainer v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-26T00:00:00-07:00

Citation: 203 So. 3d 191, 2016 Fla. App. LEXIS 15962

Snippet: to an attended vehicle in violation of section 316.061(1), Florida Statutes (2014) (Count II). The State

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-07

Court: Fla. | Date Filed: 2016-05-12T00:00:00-07:00

Citation: 192 So. 3d 1190, 2016 WL 2757011

Snippet: Injury or Death) § 316.1935(4)(b) and. § 316.061, Fla. Stat. To prove the crime of Aggravated…dealing with § 316.027, Fla. Stat., which, unlike § 316.061, Fla. Stat., contains an explicit willfulness requirement…Damage to Another) § 316.1935(4)(a) and § 316.061, Fla. Stat. To prove the crime of Aggravated…dealing with § 316.027, Fla. Stat., which, unlike § 316.061, Fla. Stat., contains an explicit willfulness requirement

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2013-04

Court: Fla. | Date Filed: 2015-06-04T00:00:00-07:00

Citation: 166 So. 3d 161, 2015 WL 3496499

Snippet: Bodily Injury or Death) § 316.1935(4)(b) and § 316.061, Fla. Stat. To prove the crime of Aggravated… to] [the death of] (name of victim). § 316.061, Fla. Stat. A driver has the legal duty-…Damage to Another) § 316.1935(4)(a) and § 316.061, Fla. Stat. To prove the crime of Aggravated…position or a scooter or similar device. § 316.61,0, Fla. Stat. A “traffic crash investigation

Bonner v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-12T00:00:00-07:00

Citation: 138 So. 3d 1101, 2014 WL 1884220, 2014 Fla. App. LEXIS 7044

Snippet: concur. . There is no such crime, although section 316.061, Florida Statutes (2012), prohibits leaving the

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

Court: Fla. | Date Filed: 2013-12-05T00:00:00-08:00

Citation: 131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Snippet: TO AN ATTENDED YEHI-CLE OR ATTENDED PROPERTY § 316.061(1), Fla. Stat. To prove the crime of Leaving the… TO AN ATTENDED VEHICLE OR ATTENDED PROPERTY — 316.061(1) CATEGORY ONE CATEGORY TWO FLA. INS. NO. STAT

Sottilaro v. Figueroa

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-08T00:00:00-08:00

Citation: 86 So. 3d 505, 2012 Fla. App. LEXIS 1787, 2012 WL 385493

Snippet: or report to investigating officers” (citing §§ 316.061, 316.062, 316.066(3)(a), Fla. Stat. (1993))); Cino

In Re Standard Jury Instructions in Criminal Cases—Report 2011-01

Court: Fla. | Date Filed: 2011-09-08T00:00:00-07:00

Citation: 73 So. 3d 136, 36 Fla. L. Weekly Supp. 497, 2011 Fla. LEXIS 2156, 2011 WL 3925064

Snippet: Bodily Injury or Death) § 316.1935(4)(b) and § 316.061, Fla. Stat. To prove the crime of Aggravated Fleeing…name of victim). I further instruct you that § 316.061, Fla. Stat. A driver has the legal duty to immediately… Bodily Injury or Death)316.1935(4)(b) and 316.061 -----------------------------------------------…Scene of a 316.061 N/A Crash Involving Damage to Vehicle …Property Damage to Another) § 316.1935(4)(a) and § 316.061, Fla. Stat. To prove the crime of Aggravated Fleeing

Colbert v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-01T00:00:00-08:00

Citation: 49 So. 3d 819, 2010 Fla. App. LEXIS 18313, 2010 WL 4861708

Snippet: , Defendant was charged with violating section 316.061(1), Florida Statutes (2006). Defendant argues that…State, 852 So.2d 226, 230-31 (Fla.2003). Section 316.061(1) prohibits leaving the scene of a crash causing…property is “driven or attended by any person.” § 316.061(1), Fla. Stat. Defendant’s truck collided with …under the attended vehicles provision in section 316.061(1), then enactment of the unattended vehicles statute…establish the “driven or attended” element of section 316.061(1), and Defendant’s conviction for leaving the

YEYE v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-28T00:00:00-07:00

Citation: 37 So. 3d 324, 2010 Fla. App. LEXIS 5587, 2010 WL 1687617

Snippet: intended “unit of prosecution” for subsection 316.061(1) is not the number of cars involved in the accident

Cunniff v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-07-09T00:53:00-07:00

Citation: 986 So. 2d 656

Snippet: scene of a crash in violation of s. 316.027 or s. 316.061, having knowledge of an order to stop by a duly…crash in violation of section 316.027 or section 316.061.[1] The *658 court in Santiago concluded that even… involving death or personal injuries. Section 316.061(1) states that "[t]he driver of any vehicle…Potentially, he could have been in violation of section 316.061 after he crashed through the first gate. However

In Re Standard Jury Inst. in Crim. Cases No. 2007-03

Court: Fla. | Date Filed: 2008-03-05T23:53:00-08:00

Citation: 976 So. 2d 1081

Snippet: Bodily Injury or Death) § 316.1935(4)(b) and § 316.061, Fla. Stat. To prove the crime of Aggravated Fleeing…name of victim). I further instruct you that § 316.061, Fla. Stat. A driver has the legal duty to immediately… 316.1935(4)(b) and 316.061 -----------------------------------------------… 316.061 N/A ----------------------------------…Property Damage to Another) § 316.1935(4)(a) and § 316.061, Fla. Stat. To prove the crime of Aggravated Fleeing

Rodriguez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-19T00:00:00-07:00

Citation: 964 So. 2d 833, 2007 WL 2713537

Snippet: have been punishable only as a misdemeanor. See § 316.061, Fla. Stat. (2003). Neither was the deputy'