Florida Statute 316.61 - Full Text and Legal Analysis

The 2025 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. 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.

F.S. 316.061 on Google Scholar

F.S. 316.061 on CourtListener

Amendments to 316.061

Annotations, Discussions, Cases:

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

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

Cases Citing Statute 316.061

Total Results: 43

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

976 So. 2d 1081, 2008 WL 596805

Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 1679907

Cited 57 times | Published

Bodily Injury or Death) § 316.1935(4)(b) and § 316.061, Fla. Stat. To prove the crime of Aggravated Fleeing

State v. Lee

356 So. 2d 276

Supreme Court of Florida | Filed: Feb 23, 1978 | Docket: 1739792

Cited 43 times | Published

of a pedestrian defacing state property.) Section 316.061, Florida Statutes, "The driver of any vehicle

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

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

Supreme Court of Florida | Filed: Sep 8, 2011 | Docket: 2355668

Cited 39 times | Published

Bodily Injury or Death) § 316.1935(4)(b) and § 316.061, Fla. Stat. To prove the crime of Aggravated Fleeing

State v. Dumas

700 So. 2d 1223, 1997 WL 656168

Supreme Court of Florida | Filed: Oct 23, 1997 | Docket: 1373986

Cited 20 times | Published

accident where injury or death is involved. Compare § 316.061(1), Fla. Stat. (1995) (sanction for leaving scene

Rodriguez v. State

964 So. 2d 833, 2007 WL 2713537

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 833730

Cited 14 times | Published

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

Beizer v. Judge

743 So. 2d 134, 1999 WL 817178

District Court of Appeal of Florida | Filed: Oct 6, 1999 | Docket: 2488352

Cited 6 times | Published

(within the statutory meaning) had occurred. Section 316.061(1), Florida Statutes (Supp.1992) required that:

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

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

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238161

Cited 5 times | Published

TO AN ATTENDED YEHI-CLE OR ATTENDED PROPERTY § 316.061(1), Fla. Stat. To prove the crime of Leaving the

YEYE v. State

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

District Court of Appeal of Florida | Filed: Apr 28, 2010 | Docket: 159311

Cited 5 times | Published

the scene of the accident. In relevant part, section 316.061(1), Florida Statutes (2007), defines the crime

Santiago v. State

847 So. 2d 1060, 2003 WL 21338914

District Court of Appeal of Florida | Filed: Jun 11, 2003 | Docket: 1686741

Cited 5 times | Published

involving death or personal injuries" and section 316.061 is titled "Crashes involving damage to vehicle

Mancuso v. State

636 So. 2d 753, 1994 WL 68795

District Court of Appeal of Florida | Filed: Apr 13, 1994 | Docket: 257271

Cited 5 times | Published

jury instruction for a companion statute, section 316.061, does not contain any reference to "constructive

State v. ANF

413 So. 2d 146

District Court of Appeal of Florida | Filed: Apr 28, 1982 | Docket: 1343992

Cited 5 times | Published

involving property damage in violation of section 316.061, Florida Statutes (1979). Appellee failed to

Bonner v. State

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

District Court of Appeal of Florida | Filed: May 12, 2014 | Docket: 60240476

Cited 4 times | Published

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

Pelham v. State

771 So. 2d 1254, 2000 WL 1700175

District Court of Appeal of Florida | Filed: Nov 15, 2000 | Docket: 1339490

Cited 3 times | Published

single homicide." Cooper, 634 So.2d at 1075. Section 316.061, Florida Statutes (1995), makes it a misdemeanor

HARVEY L. LINEN v. STATE OF FLORIDA

268 So. 3d 874

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 14830926

Cited 2 times | Published

775.083, or s. 775.084. And section 316.061(1) provides: The driver of any

JJ v. State

842 So. 2d 266, 2003 WL 1856402

District Court of Appeal of Florida | Filed: Apr 11, 2003 | Docket: 1730441

Cited 2 times | Published

of a crash resulting in death. Pursuant to section 316.061(1), it is a second-degree misdemeanor to leave

Guitterrez v. State

837 So. 2d 1095, 2003 WL 354971

District Court of Appeal of Florida | Filed: Feb 19, 2003 | Docket: 537582

Cited 2 times | Published

property is a second degree misdemeanor. See § 316.061(1), Fla. Stat. Since the crime was only a misdemeanor

State v. Mehl

602 So. 2d 1383, 1992 WL 200360

District Court of Appeal of Florida | Filed: Aug 21, 1992 | Docket: 2532416

Cited 2 times | Published

(1991). [5] § 316.192, Fla. Stat. (1989). [6] § 316.061(1), Fla. Stat. (1989). [7] The "due process"

J.J.J. v. State

235 So. 3d 1014

District Court of Appeal of Florida | Filed: Dec 27, 2017 | Docket: 60286094

Cited 1 times | Published

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

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

192 So. 3d 1190, 2016 WL 2757011

Supreme Court of Florida | Filed: May 12, 2016 | Docket: 3063429

Cited 1 times | Published

Bodily Injury or Death) § 316.1935(4)(b) and. § 316.061, Fla. Stat. To prove the crime of Aggravated

Colbert v. State

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

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 60296860

Cited 1 times | Published

accident, Defendant was charged with violating section 316.061(1), Florida Statutes (2006). Defendant argues

Hobson v. State

908 So. 2d 1162, 2005 WL 1991804

District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 1397754

Cited 1 times | Published

immediately stop at the scene of the crash and section 316.061 requires a driver involved in a crash resulting

Bourne v. State

869 So. 2d 606, 2004 Fla. App. LEXIS 2663, 2004 WL 393181

District Court of Appeal of Florida | Filed: Mar 4, 2004 | Docket: 64829157

Cited 1 times | Published

involving property damage only, in violation of section 316.061, Florida Statutes (2002), is a lessor included

Samuel Scott, Jr. v. City of Miami

Court of Appeals for the Eleventh Circuit | Filed: Jun 11, 2025 | Docket: 67993072

Published

Argued: Dec 12, 2024

192(3), leaving the scene of an accident, id. § 316.061(1), falsely reporting a crime, id. § 817

Samuel Scott, Jr. v. City of Miami

Court of Appeals for the Eleventh Circuit | Filed: Jun 11, 2025 | Docket: 67993072

Published

Argued: Dec 12, 2024

192(3), leaving the scene of an accident, id. § 316.061(1), falsely reporting a crime, id. § 817

Edeline Julmisse Prosper v. Anthony Martin

Court of Appeals for the Eleventh Circuit | Filed: Mar 5, 2021 | Docket: 59709303

Published

07(2)(b), Martin alleges that Prosper violated: § 316.061(1) (leaving the scene of an accident); § 316.130(18)

Leon F. Harrigan v. Ernesto Rodriguez

Court of Appeals for the Eleventh Circuit | Filed: Oct 13, 2020 | Docket: 18531225

Published

involving property damage, in violation of Fla. Stat. § 316.061(1); (4) driving with a suspended license, in

STEVEN J. WOODBURY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 4, 2020 | Docket: 18411935

Published

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

ROBERT BRELAND v. STATE OF FLORIDA

271 So. 3d 1028

District Court of Appeal of Florida | Filed: May 15, 2019 | Docket: 15566686

Published

that he hit while fleeing from the police. Section 316.061(1), Florida Statutes, defines the crime of

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

262 So. 3d 59

Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498542

Published

AN ATTENDED VEHICLE OR ATTENDED PROPERTY § 316.061(1), Fla. Stat. To prove the crime of Leaving

JOHNTAY AMOS DORTCH v. STATE OF FLORIDA

255 So. 3d 906

District Court of Appeal of Florida | Filed: Apr 13, 2018 | Docket: 6362809

Published

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.

236 So. 3d 244

Supreme Court of Florida | Filed: Feb 8, 2018 | Docket: 6299403

Published

ATTENDED VEHICLE OR ATTENDED PROPERTY § 316.061(1), Fla. Stat. To prove the crime of

Clark v. State

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

District Court of Appeal of Florida | Filed: Jan 4, 2017 | Docket: 63631921

Published

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

Trainer v. State

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

District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 60257401

Published

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

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

166 So. 3d 161, 2015 WL 3496499

Supreme Court of Florida | Filed: Jun 4, 2015 | Docket: 2662018

Published

Bodily Injury or Death) § 316.1935(4)(b) and § 316.061, Fla. Stat. To prove the crime of Aggravated

Cunniff v. State

986 So. 2d 656, 2008 WL 2668797

District Court of Appeal of Florida | Filed: Jul 9, 2008 | Docket: 1728033

Published

a crash in violation of section 316.027 or section 316.061.[1] The *658 court in Santiago concluded that

J.J. v. State

842 So. 2d 266, 2003 Fla. App. LEXIS 4915

District Court of Appeal of Florida | Filed: Apr 11, 2003 | Docket: 64822003

Published

of a crash resulting in death. Pursuant to section 316.061(1), it is a second-degree misdemeanor to leave

Farrington v. State

821 So. 2d 470, 2002 Fla. App. LEXIS 10304, 2002 WL 1626209

District Court of Appeal of Florida | Filed: Jul 24, 2002 | Docket: 64816434

Published

driver of the car that caused the damage. See § 316.061, Fla. Stat. (2000). To find out, midway through

Peterson v. State

775 So. 2d 376, 2000 WL 1727008

District Court of Appeal of Florida | Filed: Jan 24, 2001 | Docket: 1667880

Published

and the car which they occupied was damaged. Section 316.061(1), Florida Statutes (1997), one of the statutes

Meyers v. State

779 So. 2d 287, 1998 Fla. App. LEXIS 11278, 1998 WL 558778

District Court of Appeal of Florida | Filed: Sep 4, 1998 | Docket: 64804081

Published

of an accident cannot exceed sixty days. See § 316.061, Fla. Stat. (1993). We agree. Accordingly, we

Dumas v. State

686 So. 2d 625, 1996 Fla. App. LEXIS 11975, 1996 WL 660988

District Court of Appeal of Florida | Filed: Nov 15, 1996 | Docket: 64770404

Published

argument is based on the fact that since the law [F.S. 316.061] requires that one involved in an accident resulting

Webster v. State

634 So. 2d 1161, 1994 Fla. App. LEXIS 4165, 1994 WL 148169

District Court of Appeal of Florida | Filed: Apr 27, 1994 | Docket: 64747634

Published

punishment for that offense in accordance with section 316.-061(1), Florida Statutes (1989). AFFIRMED IN PART;

State v. A.N.F.

413 So. 2d 146, 1982 Fla. App. LEXIS 19922

District Court of Appeal of Florida | Filed: Apr 28, 1982 | Docket: 64589613

Published

involving property damage in violation of section 316.061, Florida Statutes (1979). Ap-pellee failed

Diggs v. State

334 So. 2d 333, 1976 Fla. App. LEXIS 15722

District Court of Appeal of Florida | Filed: Jun 30, 1976 | Docket: 64554336

Published

number set forth in the information, to wit, § 316.061, was incorrect and moved to amend the statute