Florida Statutes
Fla. Stat. § 316.061 (2025)
Crashes involving damage to vehicle or property.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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. The court may order a driver convicted of a violation of this section, who caused or otherwise contributed to the crash, to make restitution to the owner of a vehicle or other property damaged in the crash for any damage that was caused by the driver’s vehicle. 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; s. 1, ch. 2025-14.
Arrestable Offenses under F.S. 316.061
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§316.061HIT AND RUNRENUMBERED. SEE REC # 5994
§316.061(1)HIT AND RUNLEAVE SCENE OF CRASH INVOLVE DAMAGE TO PROP
Civil Citations under F.S. 316.061
Driver's license points · R = revocation · S = suspension§316.061(1)CRASH - Leaving scene without giving info more than damage (specify amount) Note: 27
§316.061(1)CRASH - Leaving scene without giving information or less (specify amount)
§316.061(2)CRASH - Fail to remove obstructing ATTENDED vehicle -property damage
Notes of Decisions
Cited in 47
cases (1 in the last 5 years), 1976–2026 · leading case: In Re Stand. Jury Inst. in Crim. Cases No. 2007-03, 976 So. 2d 1081 (Fla. 2008).
In Re Stand. Jury Inst. in Crim. Cases No. 2007-03, 976 So. 2d 1081 (Fla. 2008). “1935(4)(b) and § 316.061, Fla. Stat. To prove the crime of Aggravated Fleeing or Eluding, the State must prove the following seven elements beyond a reasonable doubt: 1.”
In Re Stand. Jury Instructions in Crim. Cases—Report 2011-01, 73 So. 3d 136 (Fla. 2011). “I-further instruct you that § 316.061, Fla. Stat. A driver has the legal duty to immediately stop [his] [her] vehicle at the scene of the crash or as close to the scene of the crash as possible and provide “identifying information.”
Leon F. Harrigan v. Ernesto Rodriguez, 977 F.3d 1185 (11th Cir. 2020). “192 (1); (3) leaving the scene of an accident involving property damage, in violation of Fla. Stat. § 316.061 (1); (4) driving with a suspended license, in violation of Fla Stat.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-09., 262 So. 3d 59 (Fla. 2019). “, which, unlike § 316.061, Fla. Stat., contains an explicit willfulness requirement.”
In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-07, 192 So. 3d 1190 (Fla. 2016). “§ 316.061, Fla. Stat. To prove the crime of Aggravated Fleeing, or Eluding, the State must prove the following seven elements beyond a reasonable doubt: 1.”
YEYE v. State, 37 So. 3d 324 (Fla. 4th DCA 2010). “In relevant part, section 316.061(1), Florida Statutes (2007), defines the crime of leaving the scene of an accident as follows: 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…”
Colbert v. State, 49 So. 3d 819 (Fla. 4th DCA 2010). “” § 316.061(1), Fla. Stat. Defendant’s truck collided with a parked car.”
In Re Stand. Jury Instructions in Crim. Cases-report No. 2013-04, 166 So. 3d 161 (Fla. 2015). “(Defendant) was the driver of a vehicle involved in a crash resulting only in damage [to-a vehicle] [to property — other—than—a vehicle-} which was driven or attended by a person.”
Peterson v. State, 775 So. 2d 376 (Fla. 4th DCA 2001). “Section 316.061(1), Florida Statutes (1997), one of the statutes under which appellant was convicted, prohibits leaving the scene of a "crash resulting only in damage to a vehicle or other property.”
State v. Lee, 356 So. 2d 276 (Fla. 1978). “) Section 316.061, Florida Statutes, "The driver of any vehicle involved in an accident 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 accident .”
State v. Dumas, 700 So. 2d 1223 (Fla. 1997). “This argument is based on the fact that since the law [F.S. 316.061] requires that one involved in an accident resulting only in property damage must remain at the scene for the purpose of reporting, the fact that death or injury results is only incidental.”
Rodriguez v. State, 964 So. 2d 833 (Fla. 2d DCA 2007). “See § 316.061, Fla. Stat. (2003). Neither was the deputy's entry onto the property justified by his intention to arrest Mr.”
— 316.061(1) — 21 cases
YEYE v. State, 37 So. 3d 324 (Fla. 4th DCA 2010). “In relevant part, section 316.061(1), Florida Statutes (2007), defines the crime of leaving the scene of an accident as follows: 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…”
Colbert v. State, 49 So. 3d 819 (Fla. 4th DCA 2010). “” § 316.061(1), Fla. Stat. Defendant’s truck collided with a parked car.”
Peterson v. State, 775 So. 2d 376 (Fla. 4th DCA 2001). “Section 316.061(1), Florida Statutes (1997), one of the statutes under which appellant was convicted, prohibits leaving the scene of a "crash resulting only in damage to a vehicle or other property.”
In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013).
Harvey L. Linen v. State of Florida, 268 So. 3d 874 (Fla. 2d DCA 2019).
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