Florida Statutes

Fla. Stat. § 316.063 (2025)

Duty upon damaging unattended vehicle or other property.

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316.063 Duty upon damaging unattended vehicle or other property.—

(1) The driver of any vehicle which collides with, or is involved in a crash with, any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there either locate and notify the operator or owner of the vehicle or other property of the driver’s name and address and the registration number of the vehicle he or she is driving, or shall attach securely in a conspicuous place in or on the vehicle or other property a written notice giving the driver’s name and address and the registration number of the vehicle he or she is driving, and shall without unnecessary delay notify the nearest office of a duly authorized police authority. Any person who fails to comply with this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Every such stop shall be made without obstructing traffic more than is necessary. If a damaged vehicle is obstructing traffic, the driver shall make every reasonable effort to move the vehicle or have it moved so as not to obstruct the regular flow of traffic. A violation of this subsection is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

(3) The law enforcement officer at the scene of a crash required to be reported in accordance with the provisions of subsection (1) or the law enforcement officer receiving a report by a driver as required by subsection (1) shall, if part or any of the property damaged is a fence or other structure used to house or contain livestock, promptly make a reasonable effort to notify the owner, occupant, or agent of this damage.

(4) This section does not apply to a fully autonomous vehicle operating with the automated driving system engaged in the event of a crash involving the vehicle if the vehicle owner, or a person on behalf of the vehicle owner, promptly contacts a law enforcement agency to report the crash or if the fully autonomous vehicle has the capability of alerting a law enforcement agency to the crash.

History.—s. 1, ch. 71-135; s. 3, ch. 75-72; s. 10, ch. 76-31; s. 1, ch. 77-265; s. 298, ch. 95-148; s. 7, ch. 96-350; s. 43, ch. 97-300; ss. 1, 85, ch. 99-248; s. 3, ch. 2019-101.

Arrestable Offenses under F.S. 316.063

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§316.063HIT AND RUNREMOVEDM · 2nd

§316.063(1)HIT AND RUNACCIDENT UNATTENDED VEH OR PROP W/O LEAVING IDM · 2nd

Civil Citations under F.S. 316.063

Driver's license points · R = revocation · S = suspension

§316.063(1)CRASH - Fail to leave information UNATTENDED vehicle - property damage6 pts

§316.063(2)CRASH - Fail to remove obstructing UNATTENDED vehicle—

Notes of Decisions

Cited in 11 cases, 1983–2019 · leading case: In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-07, 192 So. 3d 1190 (Fla. 2016).

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In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-07, 192 So. 3d 1190 (Fla. 2016). · cites it 4× “, which, unlike § 316.063, Fla. Stat,, contains an explicit willfulness requirement.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-09., 262 So. 3d 59 (Fla. 2019). · cites it 4× “, which, unlike § 316.063, Fla. Stat., contains an explicit willfulness requirement.”

Colbert v. State, 49 So. 3d 819 (Fla. 4th DCA 2010). · cites it 2× “Further evidence of legislative intent comes from the fact that section 316.063(1), Florida Statutes (2006), addresses crashes with “unattended” vehicles.”

Powell v. State, 28 So. 3d 958 (Fla. 1st DCA 2010). “Section 316.063(1), Florida *959 Statutes (2005), entitled “[d]uty upon damaging unattended vehicle or other property,” provides: The driver of any vehicle which collides with, or is involved in a crash with, any vehicle or other property which is unattended, resulting in any…”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-05., 236 So. 3d 244 (Fla. 2018). · cites it 4× “, which, unlike § 316.063, Fla. Stat., contains an explicit willfulness requirement.”

Myers v. State, 426 So. 2d 986 (Fla. 1st DCA 1983). “The offense which Sheffield allegedly committed is defined in Section 316.063, which requires one who collides with and damages an unattended vehicle to immediately stop and locate and notify the owner or attach a note to the vehicle.”

Lucas v. State, 192 So. 3d 1269 (Fla. 2d DCA 2016). “See §§ 316.063(1), 316.1935(1), 810.02(1)(b)(4), Fla.”

C. T. T., a child v. State of Florida, 249 So. 3d 1320 (Fla. 1st DCA 2018). · cites it 3× “was charged with violating section 316.063(1), Florida Statutes, which imposes duties on drivers who collide with, and damage, unattended vehicles or property; the unattended property C.”

Johntay Amos Dortch v. State of Florida, 255 So. 3d 906 (Fla. 2d DCA 2018). · cites it 2× “1st DCA 2010) (reversing conviction under section 316.063(1), Florida Statutes (2005), because there was no competent, substantial evidence of damage to property or to another vehicle).”

Lucas v. State (Fla. 2d DCA 2016). “See §§ 316.063(1), 316.1935(1), 810.02(1)(B)(4), Fla.”

Schwartz v. State, 45 Fla. Supp. 2d 27 (Fla. Cir. Ct. 1990). “193(1) and F.S. 316.063, respectively. On May 12, 1989, the non-jury trial and motion to suppress hearing *28 were held simultaneously.”

— 316.063(1) — 9 cases

In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-07, 192 So. 3d 1190 (Fla. 2016). “, which, unlike § 316.063, Fla. Stat,, contains an explicit willfulness requirement.”

Colbert v. State, 49 So. 3d 819 (Fla. 4th DCA 2010). “Further evidence of legislative intent comes from the fact that section 316.063(1), Florida Statutes (2006), addresses crashes with “unattended” vehicles.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-09., 262 So. 3d 59 (Fla. 2019). “, which, unlike § 316.063, Fla. Stat., contains an explicit willfulness requirement.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-05., 236 So. 3d 244 (Fla. 2018). “, which, unlike § 316.063, Fla. Stat., contains an explicit willfulness requirement.”

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